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Agenda 06/23/2015 Item #16D116/23/2015 16.D. 11. EXECUTIVE SUMMARY Recommendation to approve a Resolution superceding Resolution No. 2014 -141, which established the Collier Area Transit (CAT) Advertising Policy, Standards and Rate Schedule and approve an advertising agreement, terms and conditions and package rates. OBJECTIVE: To provide an opportunity for alternative revenue generation to be utilized for CAT Area Transit operations. CONSIDERATION: At its June 24, 2014 meeting, the Board approved the establishment of the Collier Area Transit (CAT) advertising policy. The Public Transit & Neighborhood Enhancement staff has been working to develop an agreement, standard terms and condition as well as develop package rates. CAT is funded by a combination of federal, State and local funds, as well as farebox revenue. The current policy included an ala carte product and pricing structure that can be enhanced to be more attractive for the market. Staff believes that if the existing pricing is bundled by combining multiple products, which is slightly abbreviated from their ala carte pricing, it would generate incremental revenue for the transit system. For consumers, the benefit of bundling packages includes special pricing arrangements that make the products more affordable than when purchased individually. An added benefit is receiving one bill for the bundled items. For CAT, selling a bundled package would be part of a competitive advertising growth strategy aimed at increasing revenue and customers through the sale of more products. The policy is consistent with what was adopted by the Board in June 2014, with the exception of the addition of package rates. The proposed package rates are as follows: Package Offers Diamond Platinum Bronze Silver Terminal Yes (10) Yes (5) Yes (1) None Advertising Signs Interior Bus Signs Yes (23) Yes (23) Yes (23) Yes (23) Smart Cards Yes (1 000) Yes (500) Yes -5 00) Yes (500) (with company logo) Interior Bus Yes Yes None None Announcements Interior Terminal Yes Yes None None Announcements Monthly Savings $ 848.00 $ 502.00 $ 302.00 $ 272.00 Monthly Total $ 4.952.00 $ 3.298.00 $ 2.648.00 $ 2,528.00 The Federal Transit Administration Revenue Circular 9030.1E allows for the use of advertising revenues toward the local match of grants in accordance with grant management and accounting requirements. In accordance with grant documents related to the construction of the Govermnent Center Intermodal Packet Page -1726- 6/23/2015 16. D.11. Transfer Facility, the facility must be utilized to provide or support public transportation; therefore, all revenue derived r 1r GT] dUVertlSlrg would be reinvested into the r XCU route traliSll syJLCf[l. FISCAL IMPACT: Staff estimates maximum additional revenues of $150,000 for the Collier Area Transit System annually based on the current space available for advertisement. This amount is based on placement of advertising at the Transfer Station, interior bus card placement and smart card printing. The maximum additional revenue is estimated in excess of the amount necessary for smartcard printing. Existing staff will be responsible for printing the smartcards. Printing materials and staff time is anticipated at approximately $2 per smartcard, this includes the cost of the smartcard. Terminal and interior bus signage will be provided to the County from the advertiser. Existing staff will be utilized to install the advertiser provided signage. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves and authorizes the Chairman to sign the proposed Resolution superseding Resolution No. 2014 -141 and approve the attached advertising agreement, terms and conditions and package rates. Prepared by: Trinity Scott, Public Transit Manager, Public Transit & Neighborhood Enhancement & James Giangrosso, Marketing & Events Coordinator, Public Transit & Neighborhood Enhancement Attachments: (1) Resolution, (2) Proposed Collier Area Transit Advertising Policy and Standards, (3) Proposed Agreement, (4) Proposed Terns & Conditions, (5) Resolution 2014 -141 Packet Page -1727- 6/23/2015 16. D.11. COLLIER COUNTY Board of County Commissioners Item Number: 16.16. D. 16. D. 11. Item Summary: Recommendation to approve a Resolution superceding Resolution No. 2014 -141, which established the Collier Area Transit (CAT) Advertising Policy, Standards and Rate Schedule and approve an advertising agreement, terms and conditions and package rates. Meeting Date: 6/23/2015 Prepared By Name: ScottTrinity Title: Manager - Planning, Growth Management Department 5/27/2015 1:48:02 PM Submitted by Title: Manager - Planning, Growth Management Department Name: ScottTrinity 5/27/2015 1:48:03 PM Approved By Name: SotoCaroline Title: Management/Budget Analyst, Public Services Department Date: 5/27/2015 4:30:52 PM Name: ArnoldMichelle Title: Division Director - Pub Tran R, Nbrhd Enh, Public Services Department Date: 5/27/2015 5:45:29 PM Name: GiangrossoJames Date: 5/28/2015 9:09:59 AM Name: BrilhartBrenda Title: Procurement Specialist, Administrative Services Department Date: 5/28/2015 9:11:54 AM Name: MarkiewiczJoanne Packet Page -1728- 6/23/2015 16.D.1 1. Title: Division Director - Purchasing & Gen Svc, Administrative Services Department Date: 5/29/2015 4:16:17 PM Name: HerreraSandra Title: Manager - Procurement, Administrative Services Department Date: 6/1/2015 7:40:46 AM Name: TownsendAmanda Title: Division Director - Operations Support, Public Services Department Date: 6/2/2015 9:21:03 AM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 6/2/2015 11:46:54 AM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 6/2/2015 12:48:39 PM Name: CarnellSteve Title: Department Head - Public Services, Public Services Department Date: 6/2/2015 3:15:43 PM Name: KlatzkowJeff Title: County Attorney, Date: 6/2/2015 4:03:55 PM Name: StanleyTherese Title: Manager - Grants Compliance, Grants Management Office Date: 6/10/2015 11:45:38 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/10 /2015 1:40:14 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 6/15/2015 10:39:18 AM Packet Page -1729- 6/23/2015 16.D.11. RESOLUTION No. 2015 A RESOLUTION SUPERSEDING RESOLUTION NO. 2014 -1.41, WHICH ESTABLISHED THE COLLIER AREA TRANSIT (CAT) `ADVERTISING POLICY AND STANDARDS" AND FEE POLICY. WHEREAS, the Board of County Commissioners has the authority to approve the Collier Area Transit (CAT) advertising policy, standards and fee policy; and WHEREAS, on June 24, 2014, after due consideration and a majority vote, the Board adopted Resolution 2014 -141 establishing the CAT advertising Policy and Standards and the CAT Fee Policy; and WHEREAS, to maximize and generate revenues to supplement fares and cover un- funded operating costs, the County may sell advertising space inside its transit buses and transit and transfer terminals, subject to the Board's established Advertising Policy and Standards; and WHEREAS, it is the public interest to implement terms and conditions and packar.;e rates for the advertising policy; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. The CAT Advertising Fee Policy as provided for pursuant to Resolution No. 2014- 141 is hereby superseded and replaced as follows: 1. PURPOSE The purpose of this policy is to establish user fees that "rill partially offset the cost of providing services to the taxpayers of Collier County. II. LIMITATIONS No Waiving of Fees. The Board of County Commissioners shall set all fees and charges. No fees mar- be - ,vaived. except as stated herein. Packet Page -1730- 6/23/2015 16.D.11. 2. Collier Area Transit (CAT) is hereby authorized to set advertising fees in accordance with the below schedule: Tye # of Cards Purchased Rate Terminal Card l $150 Per Month, Per Card Terminal Card 5+ $100 Per Month, Per Card Interior Bus Card 5— 14 $25 Per Month, Per Card Interior Bus Card 15+ $20 Per Month, Per Card Smart Card 50-99 $7 Per Card Smart Card 100-500 $h Per Card Smart Card 500+ $5 Per Card Type Frequency Rate Per Month Announcements One time per run per route $500 Yes (5) and every hour at a transfer Advertising Signs facility j Package Offerings: 3. This policy shall be effective July 1, 2015. Packet Page -1731- Diamond � Platinum � Bronze 511�'er� —' Terminal Yes (10) Yes (5) i I Yes (1) None Advertising Signs ( j Interior Bus Yes (23) Yes (23) Yes (23) j Yes (?3) —� Sif"ns Smart Cards Yes (1000) Yes (500) Yes (500) Yes (50O) —7 (with Company LOL?o) Interior Yids Yeti Yes None i \C)nG ^- — Announcements Interior Terminal Yes S',s � No n e None Announcements Monthly Total 1 $4,952 j $3,295 52.64 8 $2.52 3. This policy shall be effective July 1, 2015. Packet Page -1731- 6/23/2015 16. D. 11. This Resolution adopted this _ day of 2015 after motion, second and majority vote in favor of passage. AT BOARD OF COUNTY DWIGHT E. BROCK. CLERK COMMISSIONERS COLLIER COUNTY, FLORIDA By By: Deputy Clerk Approved as to form and legality: By. Scott R. Teach Deputy Count), Attorney Packet Page -1732- Tim Nance, Chairman 6/23/2015 16. D.11. COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS Purpose /ScoDe Collier Area Transit ("CAT ") is a public transit system created and operated by the Collier County Board of County Commissioners for Collier County, Florida ( "Collier County" or the "County "). Collier County owns and operates buses, bus shelters, intermodal transfer facilities and other properties (collectively referred to as "Transit Facilities ") in conjunction with operating the CAT system. The CAT system is a vital component of the various public services the County provides within its service area. The primary purpose of the CAT system is to provide safe and efficient public transportation. CAT is funded by a combination of federal, State and local funds, as well as fare box revenue. it is in the public interest to implement the following advertising policy to protect the interests and the image of Collier County while maximizing revenues received from advertisers. The County's fundamental objective in selling advertising space inside its transit buses and transit and transfer terminals, consistent with this policy, is to maximize and generate revenues to supplement fares and cover unfunded operating costs. The County's sale and display of advertising is are not intended to provide a general public forum for expressive activities or public discourse and debate. Consistent with the County's proprietary function to operate CAT as a provider of public transportation, the County retains strict control over the nature of the advertisements accepted for display in its Transit Facilities and maintains its advertising space as a limited public forum. In establishing this policy, the County recognizes the need to protect its property from advertising that may be deemed inappropriate by members of the community using the Transit Facilities or those observing advertising while utilizing the transit system. In order to realize the maximum benefit from the sale of advertising space, the program must be managed in a manner that will procure as much revenue as practicable, while ensuring that the advertising does not: (9) discourage the use of the County's transit system, (2) diminish CAT's reputation in the community it serves, or (3) weaken the good will of its patrons; while at the same time remaining consistent with the County's primary goal of providing safe and efficient public transportation. In order to achieve those objectives, the County has established the following viewpoint neutral policies regulating advertising displayed in and upon its Transit Facilities so as to foster a professional advertising environment that maximizes advertising revenue. This policy is supplemental to the sign requirements in the Collier County Land Development Code (LDC). If there are conflicting provisions, the LDC will prevail. Packet Page -1733- 1.01 Nonpublic Forum; Commerciat /Proprietary Functions. The County will rent space on its Transit Facilities for limited types of advertising ( "Permitted Advertising "). By allowing limited types of advertising within its buses, interior portions of its transit terminals display areas in the exterior passenger lobby and as otherwise more specifically provided herein and by providing limited space at no charge pursuant to this policy, the County does not intend to create a public forum for public discourse or expressive activity, or to provide a forum for all types of advertisements. The display of Permitted Advertising upon payment of rent in accordance with the County's adopted advertisement rate for designated Transit Facilities is intended only to supplement fare revenue and other income that funds the County's transit system. 1.02 Certain Excluded Advertising. The County will not accept for display on its Transit Facilities the types of advertising defined in Section 2.03 of these policies and standards ( "Prohibited Advertising Material "). By not accepting Prohibited Advertising Material, the County can: (a) Maintain a professional advertising environment that maximizes advertising revenues and minimizes interference or disruption of the commercial aspects of its transit system; (b) Maintain an image of neutrality on political, religious and other noncommercial and controversial subject matters that are the subject of public debate and concern; (c) Protect passengers, employees and CAT Transit facilities from harm or damage that can result from an individual's reactions to political, demeaning, disparaging or controversial materials if such restrictions are not in place; (d) Help build and retain transit ridership; and (e) Avoid claims of discrimination and maintain a non- discriminatory environment for transit customers. 1.03 Limits on Permitted Advertising. Placing reasonable limits on Permitted Advertising displayed on its Transit Facilities will enable CAT to: (a) Avoid subjecting its passengers and other members of the public to material that may discourage them from using public transit services; (b) Maintain an image of professionalism and decorum; (c) Avoid displaying material that is not suitable for viewing by minors who ride on CAT's buses; and (d) Maximize revenues by attracting and maintaining the patronage of passengers. Z Packet Page -1734- 6/23/2015 16.D.11. Advertising Policies 6/23/2015 16. D.11. 2.01 Transit Facilities Designated for Advertising. The County will make space available for Permitted Advertising limited to the following CAT Transit Facilities: • Interior transit terminal • Exterior passenger lobes • Interior bus cards • Verbal and visual onboard announcements utilizing the intelligent transportation system equipment • Verbal and visual announcements at the transfer facility utilizing the intelligent transportation system equipment and- smart— Gard -media • Smart card media The County shall not allow advertisements to be displayed or maintained on those CAT Transit Facilities if they contain Prohibited Advertising Material as more fully described below in Section 2.03. 2.02 Permitted Advertising. Subject to the viewpoint - neutral Prohibited Advertising Material standards contained in Section 2.03 of this policy, the County will accept "Permitted Advertising' for display or placement on designated CAT Transit Facilities. For the purposes of this policy, "Permitted Advertising" is advertising that: (a) Does not include Prohibited Advertising Material as identified in Section 2.03 of this policy; and (b) Generally relates to the economic interests of the advertiser and its audience. Advertising defined in Section 3.02 also is Permitted Advertising. 2.03 Prohibited Advertising Material. For the purposes of these policies and standards, the advertising described in this Section 2.03 is "Prohibited Advertising Material." The County shall not accept advertisements for display, posting or placement within its buses or other Transit Facilities that include the following: (a) Alcoholic Beverages. Advertisements and images soliciting or promoting the sale or consumption of alcoholic beverages. (b) Tobacco Products. Advertisements and images soliciting or promoting the sale or use of tobacco products including, but not limited to, cigarettes, cigars; smokeless tobacco and other tobacco- related products. (c) Advertisements about Collier Area Transit. Advertisements and images that Packet Page -1735- 6/23/2015 16.D.11. relate to CAT services, except public service advertisements provided by CAT itself. (d) Religious Advertising. Advertising in which the primary message is one promoting or opposing religion, particular religions, religious issues, or religious doctrines; however, advertisements by religious entities promoting a commercial event or activity, such as a fair are acceptable. (e) Political and Social Issue Advertising. Advertising in which the primary message is one promoting or opposing a particular view on political or social issues and/or advertisements that promote, advocate or oppose a political party, the election of any candidate or group of candidates for federal, State or local government offices, or initiatives, referendums or other ballot measures. (f) False, Misleading, Deceptive, Demeaning, Disparaging or Disrespectful Advertising. Advertising or any material or information in the advertising that is false, misleading or deceptive, or that is intended to be (or reasonably could be interpreted as being) disparaging, disreputable or disrespectful to persons, groups, businesses or organizations, including advertising that portrays individuals as inferior, evil or contemptible because of their race, color, creed, sex, pregnancy, age, religion, ancestry, national origin, marital status, disability, including those related to pregnancy or childbirth, or any other characteristic protected under federal or State law. (g) Unauthorized Endorsement. Advertising that implies or declares that the County endorses a product, service, point -of -view, event or program. The prohibition against endorsement does not apply to advertising for a service, event or program for which the County is an official sponsor, co- sponsor or participant, provided the County gives prior approval regarding the endorsement. (h) Obscene Material or Nudity. Advertising that contains obscene materials, nudity or that displays sexual conduct or information in a manner that would be offensive to a reasonably prudent person of average sensitivity in the community. For purposes of this standard, the terms "obscene" and "nudity" shall have the meanings contained in Florida Statutes, as may be amended from time to time. (.) Unlawful Goods or Services. Advertising or any maternal or information in 'he advertising that depicts, promotes or reasonably appears to encourage the use or possession of unlawful or illegal goods or services. @ Unlawful Conduct. Advertising or any material or information in the advertising that: depicts, promotes or reasonably appears to encourage unlawful or illegal behavior or conduct, including unlawful behavior of a violent or antisocial nature; is libelous or an infringement of copyright; is otherwise unlawful or illegal, or is likely to subject Collier County to liability. Packet Page -1736- 6/2:3/2015 16.D.11. (k) Pornography and "Adult- oriented" goods or services. Advertising that promotes or businesses that traffic pornography, displays images associated with adult bookstores, adult video stores, nude dance clubs and other adult entertainment establishments, adult internet sites, X- rated, NC -17 or NR rated movies, escort services and all other adult - oriented goods or services. (1) Graffiti or gang signs or symbols. Advertising that uses images or symbols that depict or represent graffiti, gang signs or symbols, or encourage graffiti or gang signs or symbols, or appear to encourage the unlawful destruction or marking of property of any sort. (m) Firearms and Weapons. Advertising that contains images or depictions of firearms or other weapons. (n) Internet Addresses and Telephone Numbers. Advertising that directs viewers to Internet addresses or telephone numbers that contain materials, images or information that would violate these advertising standards if the materials, images or information were contained in advertising displayed or posted on CAT Transit Facilities. (o) Violence. Advertisements that advocates, names or contains images or descriptions of violence, criminal or anti - social behavior, or presents violence, crime or anti - social behavior as erotic, entertaining, amusing or acceptable, or depicts weapons or other implements or devices associated with an act(s) of violence or harm to a person or animal. (p) Human Reproduction /Sexuality. Advertisements associated with or which may be associated with products or services related to human reproduction, sexuality, or sexual stimulation, including but not limited to contraceptive products or services, other products or services related to sexual hygiene and counseling with regard to pregnancy, abortion or other sexual matters or entertainment directed to sexual stimulation. (q) Video Games. Advertisements that promote or depict video games that are rated "A" or "M." (q) Violation of Law. No advertising shall be displayed if the display thereof would violate any federal or State law or regulation,, or any law, regulation, or ordinance of the County. Ill. Other Prohibitions. Allowances and Limitations 3.01 Prohibitions on Literature or Product Distribution and Leafleting. CAT 's Packet Page -1737- 6/23/2015 16.D.11. purpose in operating a public transit system is to meet the public's need for efficient, effective and safe public transportation. CAT Transit Facilities are not intended to be public forums for public discourse or expressive activity. Literature or product distributions, leafleting and similar activities can disrupt or delay passengers who are boarding and exiting buses and other transit vehicles, distract passengers, distract bus operators, cause maintenance issues, and otherwise create safety issues for passengers, operators and surrounding traffic. Accordingly, distribution of literature, leafleting, and other informational or activities are prohibited within CAT Transit buses or other transit vehicles and within CAT Transit Facilities, except for the provision of leaflets and information provided by CAT itself that are related to provision of or are for the benefit of transportation - related public services or public events sponsored by Collier County. 3.02 Other Permitted Advertising and Public Service Announcements. The County may make advertising space available for advertising proposed by governmental agencies (examples include: ads informing the public about programs, services or events). On a limited basis, The County may make unpaid advertising space available for public service announcements. Costs associated with the design, production, installation and removal of public service announcements are the responsibility of the governmental agency requesting the public service announcement. The advertising and public service announcements permitted under this section cannot contain displays or messages that qualify as Prohibited Advertising Material under Section 2.03 and must comply with these advertising policies and standards. Unless the source of the advertising or public service announcement is obvious from the content or copy, the advertisement or public service announcement, whether paid or unpaid, must specifically identify the sponsor of the advertisement or the message. 3.03 Space Availability. The County limits the amount of space on its Transit Facilities available for advertising and does not represent that it can accommodate all requests for advertising space. Advertising space will be made available only on CAT Transit Facilities designated by the County. No advertising, signs and other types of postings or messages may be displayed, posted or placed on any other CAT Transit Facilities. VY J. ' ^" Artwork. volller County reserves the right to reject any artwork or design „n the basis of aesthetics or any effect the placement may have on the operations, maintenance or safety of the County property. 3.05 Reservation of Rights. The County reserves the right to amend these policies and standards at any time. Subject to any contractual obligations, the County reserves the right to discontinue advertising on CAT Transit Facilities and discontinue accepting advertising for display or posting on CAT Transit Facilities The County reserves the right to limit the availability of advertising space on its Packet Page -1738- Transit Facilities and remove advertising that does not comply with these advertising policies and standards and, subject to any contractual obligations. Nothing in this policy should be deemed as to provide for a vesting of rights to remain or place advertisements on Collier Area Transit property. Contracts for the placement of advertising on a property shall contain a provision providing for the termination of any such contracts for the County's convenience without penalties to the County. Any of the provisions of this policy shall be deemed severable. 3.06 Sponsor Attribution and Contact information. Any advertising in which the identity of the sponsor is not readily and unambiguously identifiable must include the following phrase to identify the sponsor in clearly visible letters (no smaller than 24 point type): Paid for by IV. Advertising Agreements 4.01 Sale of Advertising. The sale of advertising may either be sold directly by the County or through one or more independent contractors selected in accordance with the County's competitive procurement procedures. If the County elects to use an advertising and marketing agency to solicit advertisers, the selected contractor(s) shall comply with this advertising policy. 4.02 Approval. All advertisers are required to sign an advertising agreement as approved by the Collier County Board of Commissioners. All agreements will be reviewed by the County Attorney's Office for form and legality. The agreements will specify the term, type of advertisement, rate and other applicable clauses, including but not limited to liability and indemnification. 4.03 Indemnification. All advertisers will indemnify and hold the County harmless from any and all claims including but not limited to infringement of trademarks, trade names, copyrights, invasion of rights for privacy, defamation, illegal competition or unfair trade practices brought forth as a result of any advertisement government by this policy. 4.04 Background Check. Advertisers cannot be included on the f=ederal Excluded Parties List System ( "EPLS "), the State of Florida's Department of Management Services ConvictedlSuspendedlDiscriminatoryiCompi ,,ant vendor list, or other such lists required by the County. 7 Packet Page -1739- 6/23/2015 16.D.11. V. Submission of Advertisements and Appeals from Adverse Advertising Decisions 5.01 Submission of Advertisements. Any and all advertisements must be submitted to the County's AtterRative- Transpertabon- ModesPublic Transit & Neighborhood Enhancement - (A -T-MP. TNE) Department. If ATM -PTNE is using an advertising and marketing agency, those contractors shall comply with these policies and review all advertising with reference to them. They shall refer all such advertising that falls or may fall into any of the categories defined herein to the County's Public Transit Manager who shall determine whether the proposed advertising will be accepted. Any advertising and marketing agency hired by the County shall provide a copy of the proposed advertisement upon receipt to the County's Public Transit Manager to review the copy and illustrations. 5.02 Initial Reviews. The County's Public Transit Manager will make initial decisions about accepting or rejecting proposed advertising. The decisions will be based on these policies and standards. The County's Public Transit Manager, or other designated CAT Transit staff, will work with advertisers to resolve issues about advertisements that do not comply with these policies and procedures. Possible resolutions may include modification of the art, copy, or both. 5.03 Appeals to Af ternative- Modes- TransportationPublic Transit & Neighborhood Enhancement ( "ATMPTNE ") Director. An advertiser may appeal a decision to reject or remove an advertisement by filing a written request with the County's ATM PTNIE Director within five (5) business days after the rejection or removal decision. The advertiser's request shall state why the advertiser disagrees with the decision in light of the County's advertising policies and standards. The A-44v, PTNE Director shall consult with the County Attorney's Office and other appropriate County staff to review the basis for the rejected or removed advertisement and will consider the advertiser's reasons for filing the request. The ATM - -PTNE Director will make a decision on the request and will notify the advertiser of the decision in writing within ten (10) business days after receiving the advertiser's appeal. The decision of the t; W PT NE Director shall be final and conclusive. VI. Advertisement Specifications, Dimensions and Rates. 6.01 Submission of Advertising - Form. a. Art files, photos and/or logos must be provided to the County's Public Transit Manager in a format and resolution deemed acceptable for the type of advertising being requested, Packet Page -1740- 6/23/2015 16. D.11. b. Interior transit terminals and bus interior cards must measure exactly 11" tall and cannot exceed 17" in width. Cards must be printed on a material thick enough that the card does not fall out of the rack. Advertisers must arrange and pay for design and production of cards independently. c. Written announcement scripts for the ITS equipment must be provided to the PTM in both English and Spanish, however the PTM reserves the right to request in any additional language as may be required by the adopted Limited English Proficiency plan. A Verbal message shall be limited to one minute recorded length. d. Smart media cards are limited to 2" X 3 '. Smart media card printirg shall be the responsibility of Collier Area Transit, Printing costs for smart media cards are included in the advertising rates. 6.02 Advertising Rates. The County's rates for Permitted Advertising on CAT designated CAT Transit Facilities are as follows: Type I # of cards purchased Rate per Month oer Card 4#e;ie4:- Terminal Card 1 ( $150.00 fnter+s�Terminal Card ! 5+ $100.00 Interior Bus Card 1 5— 14 $25.00 Interior Bus Card k 15+ 520,00 Smart Card 50-99 $7.00 Smart Card 100-500 $5,00 I Smart Card 500+ $5.00 Type Frequency Rate per Month Announcements One time per run per route $500 and every hour at a transfer ! facility :�2C:k,anr 0`fnCinac 0t!nump F3r-0T17 i Terminal j Yes (10D) ' Yes (5) i Advertisinq Siarts 1 _Sic-is I 9 Yes t 17 6/213/2 015 16. D. 11. Cr Formatted Cr- ter �; Upne `I Formatted: Centered Yes f2 3) Yes ; } M',i -I Formatted: 'enteral Cw� Packet Page -1741- Smart Cards I (with Comnanv Yes (1000) Yes (500) j Yes (500)- Yes (500) LOOO) Interior Bus Announcements Yes Yes None i !qc)ne Interior Terminal I Announcements Yes i Yes None lJone Monthly Total $4.952 $3,298 1 S2,648 I 52.528 ,C Packet Page -1742- 6/23/2015 16. D. 11. Formatted: Centered ------------- i Formatted: Centered I Formatted: Centered Formatted: Centered (I- t DO - Agreement Number: Product: `41� CQLLtER AREA TRANSIT Advertising Display Agreement Collier Area Transit ( "CAT ") 3299 East Tamiami Trail, Suite 103 Naples, FL 34112 239.252.5852 Fax 239.252.6755 7 Bus ❑ Terminal ❑ Other 6/23/2015 16. D.11. Advertiser: Type ## of Cards Purchased � Posting Date Cost Per Month � Total Cost Interior Terminal Card o 1 i Interior Bus Card 0 5. Smart Card J 5 -14 G :5+ Announeeu)ents o 50 -99 ,. 10�5D0 U SOD+ i i j i One tittle per run per route l and eN,erN hour at a transfer faci I ins Special Instructtol7S: This ,Agreement is entered into on this dtts of 201 t c wecn Cotlier Area Transit ( "Collier C or " C=A'i "') and ("Client" or - ALencv, Adtiertisar -)" This Agreement is for a 12 month commitment for each pasting, unless other`.v ise ae.recd to in vrritine by both P trtics. iv /l Ta"'1.Iami T , .t'.) t' 103 N soles w —,da r7 . ,.. , -574,6 439 `;:,2 5R4`. . n)..:.� -L.,.. s;;L ti; o';.�:J ti °rU ✓`;'.roc:;. Packet Page -1743- 6/23/2015 16. D.11. F - below, Agency /Advertiser accepts, ackiimvied-es and agrees to be bound by this Agreement and Agreed Terms and Conditions sianin-, I - - as contained herein and authorizes CAT to perform the posting advertising display as set forth above. Aaency/Advertiser: Address: Print Name: Title: Signature: Telephone Fax E; -Mail Address: Collier Area Transit Representative: hate: Packet Page -1i44- (DII I Public Transit & Neighborhood Enhancement c AGREED TERMS AND CONDITIONS 1. The printing and written provisions of this Agreement contain all of the agreements, conditions and ,qrcsenmt ions made hy either party hereto: and any additions to. alterations of, or changes in this Agreement to be binding. must be made in writing and signed by both parties. l|[/herxi`more than one Advertiser, the Advertiser shall read vsplural. au well us the pinyu|xr|[Wcoi,more than one Advertiser (Aovoc�and Advertiser). all Ad,cni`oo' obligations, responsibilities. and indemnifications under this Agreement are joint and srvero| to ixdudc, but not |imiudto any outstanding charges v, balances oo the account. 3 Loss of' wrice due to n,iko. fire. flood, riot or v/ho coo`cx beyond the control of Collier County shall not constitute u hnuouh of this xg,ecmcn`.hu/iosuchc,cotxdroni`urmn!hccnhdcdmupmoa/nc,cdi/k`,rer,icepuidinud,uo*;h`ryu,h|o,s^,unc,tm,iuno[/hctenn"[ service equivalent /v the service |vx/.m the Sole Option v[Cv|Uc,Cow`N, ki, agreed that no claim resulting From Collier Couut>,Tmnsiryfailure to properly execute the display shall be valid unless reported to Collier County Transit's office listed on the front side of this Agreement- In such case. CAT "Ill send u representative m the location involved and establish the facts. Credit for loss o[ou`ice. i[uoy, under this Agreement vi|\ uv.based *n average daily space cost per display mAdvertiser. 4. To the triaximum extent permitted by Florida law, the Advertiser ,,hall indeninify and hold harmless Collier County. its officers and cmpioyees from ariv and all liabilities, including liabilitv for infrin-ci-ricnt of trademarks. trade names. copyrights, invasion of rights of' privacy, defamation, iDraa| competition or trade p,^rhccs dxmuge,. losses and costs. indudina. but not limited to. masuo*h}cuuon`ey,' ices and yum\egx|`^ fees. to the extent caused by the negligence, recklessness. or intentional[ xmngfU| conduoo[tbc xd,oriixc, for xornnecmp|v?cdvrutilized by thr xd,cui`cr in the rofo:n^nc* of this Agreement, This indemnification obligation ah"U riot he c^ny/mcd to oct-ale. uhri(lL: or cdvcc un.\, mho riLbm *rremcdic^ "hich od`cr^im mav be urui|ub|u to an indcmvificd puny or person described in this puogmyh. This section J^c, not pertain to m1\ incidcnt arisinL, /mm the Sole nci2liLenczurCoUic,Cmu�. 5. Unless othcv.` ise spccillicall\ agreed to by the Ad\ ertiser and CAT. each inonthly posting is to be considered one month, Further, thcre Own vill ^cI^e|r,(|2)ponivg periods per cachgimnvca . kisuodcrsmou that weather permitting. pmningma�u,mmc^`eu, z^U,c'�)dxpp,im m the posting date stipulated io this . cinent and completed within it period of fi\e (5) working da\s after such posting date. upon vrittcn notice to Advertiser. 6, CAT rcmr^s the right mofu�cm post any ud^:uiscmcnt for xhichih:cor� was not px,ious|ymbninedm CA] kvapproval incnmr|i,mc, vi/h tile Collier C"oot\ U"ord of, County Commissioners' uppm,cJ Collier Area Transit Advertising Policy and Standards. In mrh u :a,c� the Adrcrt!/u,xiUstill ke responsible for rnocc costs set hnh in U`isAgr-c:m:o'. r. Invoices " ill hcrcndorJmvmb|?ix advance datinL,konmmmo'ccmc/ date pfthis Algncnneot and Ad, ertiazn,,roommo� cp^rncn/ net in au,nr= upon receipt n[invvicc. IM"ult xbu|| be dcorneV to occur x»ene,o oov monthly inroi'-, /haU be unpaid 1`07 Llliu> (JV) durx. CAT rem=c, the ri,,h/w cancel this xpreomco/m any time upon default by the Ad`c«i`crio payment, n, other breach. *r|n the event of' ativmaterial violation nn the r�n"[ the xd,u,i*,o[any conditions ,vuuiivatioo, set forth in this Agncnuot. and Upon md.C,mc6|mioo all ud�ui`inudone xc,Vuoder, inck/Jingdmn'tom oio nr other dm,Lc` Under this Acoomcnt, xbid` rcnmios uonaid. d,zU hocomr immuJiu/d% due and ravnh|u� cyvn the xd`u`iyLr'sbreach v[thi,Aar-ccmcnt, CxTmov� at its option. b: discharged from un!oNigativn m further diq,|u% the xJrcrti,u/ocop and may ,e,mb,ml:in`mcdiu,e|v this �-,,mcment and, iv/hr event n[donaod, action, doimo, suit 6, the collection of' unpaid accounts. all cost "[ nuiu inc|udin-, oummk|euuomc!', fees. umNhcaided to the monies v"cd.Thc Advertiser aurces to pa�v for the pd`cni,i:g ^rnirccorond hv this a21-eemrn/ xnd u�!rcr` m he ihb}n f'o,A|rzmcnt, CAT payment Elicrevf including =asonaWevxpcn,rs for collection. mx`m,!', and cuuucuSIS� Wui`crb![:ATv[un>sp��ciEchc:chvrbnochcSo['bis��-LcmCmh?/hcxd,roiscr shall not prejudice fbcdLh`v[[.A Thcreund�-r xi/h respect m"n) breach o,hreuuh`snot q,~c.bc:x! "ai`cd b>'CAT. l0`creis more than one ad`:ni^,r, then CAT shall hold each xJ,cnbu, in/hcr,*ntu[in\,drDm!/ of' Payment. Should .111%of' the parties become baobnpt"rhc delinquent iopaNmom. CAT mx!�v,�d nc�nndcraguiooxd,cni,c(i[zh«nismm�mamone Adrcuiscc then xmhm�y^oro[�cAd,cnio,r$. vithnu, oUoingcith�pxrtyo[im habditics to Collicr Area Transit ("CAT"). IS PoMtcl &N�J�o�zd �nk��:�m'32SBTam�*TnWE,SvUe1O3`Na�e.F��o3411�'54�'22�-���y�'FAX2JS���G2�'^r�oWe�ovms Packet Page '174S' 6/23/2015 16.D.11. S. CAT will, from time to time, at intervals following commencement of service, bill Advertiser at the address on the face hereof. Advertiser shall pay CAI- each month on or before the billing due date at the address listed on the invoice. If the Advertiser fails to pay any charges ,vithin thirty (30) days from the date payment is due, a finance charge of 1.5 "1; per month (being an annual percentage rate of M,o) will be applied until payment is made. if sums due under this Agreement are not timely paid, CAT may terminate this Agreement. CAT reserves the right to resell the contracted locations upon termination of this Agreement. CAT will charge $25.00 for returned checks. 4. if during the term of this Agreement, any federal, state or municipal taxes are imposed upon outdoor advertising affecting this Agreement. the undersigned agrees to pay the amount of such taxes in addition to the amount above specified or, in the event of electing not to pay such taxes. the undersigned agrees that CAT shall have the right to terminate this Agreement. 10. It is expressly agreed that CAT shall not he held liable for loss or damage on account of'delays due to strikes, fires, governmental or municipal laws, rules or regulations, or acts of providence, nor for inability to secure specified materials. or to maintain said displays or any part thereof by reason of any regulation heretofore or hereafter enacted by the federal, state or municipal government, or any rules or regulations made by any department of the federal, state, or municipal government, or for other cause. 11. The Advertiser may cancel this Agreement with a thiriv (30) day written notice to CAI'. CAI' reserves the right to charge a fee equal to two (2) months of the posting cost for early termination of this Agreement after CAT is notified of cancellation. 12. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts for Collier County, Florida., which courts have sole and exclusive jurisdiction on all such matters. 13. This Agreement and the Agreed Terms and Conditions shall constitute the entire Agreement beovecn CAT and Advertiser. If any provision of this Agreement. or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. 14. The display of an advertisement on a specific bus route is subject to operational requirements, including but not limited to, routine maintenance, required repairs, emergency transportation needs. and is solely determined at the discretion of CAT. CAT Hill make every effort to return the equipment to the assigned route as quickly as possible. if the equipment remains out of service for more than five (5) eoneecutive days, Advcniser may be entitled to a pro rata credit for services paid in advance, or an extension of the term of service equivalent to the service lost. at the option of Collier County. 13. I'}tis Agrccmcnt term is ibr a twelve (12) montlt period commencing on the date entered i1110 b% the !'arties. Ct1T !m�!v. at its dir;erction and t +ith the consent of the Advcniser, rcncvt the Agrcement under all of the terms and conditions. and CAT rescrvcs its riraht to increase advertisim-, rates. CAI' shrill ,,iv °c the Advertiser ,v`ritten notice of CAT's intention to rerneet the Agrccmcnt Tenn, including am increitsc in ads mixing rates. not less than tcn (10) day's prior to the end of the Agrccmcnt term then in effect. Packet Page -1746- 6/23/2015 16. D.11. RESOLUTION No. 2014 -141 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS, AND FEE POLICY. WHEREAS, the Board of County Commissioners has the authority to approve and establish the Collier Area Transit (CAT) advertising policy. standards and fee policy; and WHEREAS, the Board desires to maximize and generate advertising revenues to supplement CAT transit fares and cover other un- funded operating costs, by authorizing the sale of limited advertising space inside CAT transit buses and transit and transfer terminals; and WHEREAS, consistent with the County's proprietary function to operate CAT as a provider of public transportation, the County intends to retain strict control over the nature of the advertisements for display in its transit facilities and maintain its designated available advertising space as a limited public forum; and WHEREAS, it is in the public interest to implement an advertising policy that protects the interests and the image of Collier County and the CAT, while maximizing revenues received from advertisers, and advancing the operation of public transportation. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COt NTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. The above recitals, sometimes referred to as "\Whereas clauses" are incorporated herein as if set forth in full. 2. The Collier Area Transit Advertising Fee Policy is hereby established as follows: I. PURPOSE The Board of County Commissioners adopts the attached Collier area Transit Advertising Policy and Standards Sce Exhibit -'A. The purpose of this Policy is to establish advertiser use fees intended to partially c�ffs:t the c4?st of providing public transit sen'ices to the taxpayers of Collier Couniv. IL F.I N11 IT.AT10N,S No X�,aiving of Fees. The Board of County Co2i12111SSionerS l ull set all fee and charges with respect to advertising on CAT transit buses and tra,s;t and transfer terminals. No fees niay be v,aived, except a stated here gin. IN Packet Page -1747- 6/23/2015 16. D.11. 3. Collier Area Transit (CAT) is hereby authorized to set advertising fees in accordance with the below schedule: Type Frequency Announcements One time per run per mute and every hour at a transfer facility Rate $150 Per Month, Per Card $100 Per Month, Per Card- $25 Per Month, Per Card $20 Per Month, Per Card $7 Per Card $6 Per Card $5 Per Card Rate Per Month $500 4. This policy shall be effective July 1, 2014, for an initial two(,,) year period. day of vM_ . ?014 after motion, second This Resolution adopted this_ - and majority vote in favor of passage. ATTEST. DWIGHT E. BROCK,..Clerk ' �tm Attest as to Chairma�i Den s- ` i signature only. -, roved as , , and Ie {�atity: Scott R. Teach. Depjrty County Attorney BOARD OF COUNTY COM%,ItSSIONERS OF COLLIER COUNTS FLORIDA Packet Page -1748- Chairman � �LJ # of Cards Purchased Type Interior Terminal Card I Interior Terminal Card 5+ Interior Bus Card 5-14 Interior Bus Card 15+ Smart Card 50- 99 Smart Card 100-5 00 Smart Card 500+ Type Frequency Announcements One time per run per mute and every hour at a transfer facility Rate $150 Per Month, Per Card $100 Per Month, Per Card- $25 Per Month, Per Card $20 Per Month, Per Card $7 Per Card $6 Per Card $5 Per Card Rate Per Month $500 4. This policy shall be effective July 1, 2014, for an initial two(,,) year period. day of vM_ . ?014 after motion, second This Resolution adopted this_ - and majority vote in favor of passage. ATTEST. DWIGHT E. BROCK,..Clerk ' �tm Attest as to Chairma�i Den s- ` i signature only. -, roved as , , and Ie {�atity: Scott R. Teach. Depjrty County Attorney BOARD OF COUNTY COM%,ItSSIONERS OF COLLIER COUNTS FLORIDA Packet Page -1748- Chairman � �LJ EXHIBIT A 6/23/2015 16. D.11. COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS Purpose /Scope Collier Area Transit ( "CAT ") is a public transit system created and operated by the Collier County Board of County Commissioners for Collier County, Florida ( "Collier County" or the "County "). Collier County owns and operates buses, bus shelters, intermodal transfer facilities and other properties (collectively referred to as "Transit Facilities ") in conjunction with operating the CAT system. The CAT system is a vital component of the various public services the County provides within its service area. The primary purpose of the CAT system is to provide safe and efficient public transportation. CAT is funded by a combination of federal, State and local funds, as well as fare box revenue. It is in the public interest to implement the following advertising policy to protect the interests and the image of Collier County while maximizing revenues received from advertisers. The County's fundamental objective in selling advertising space inside its transit buses and transit and transfer terminals, consistent with this policy, is to maximize and generate revenues to supplement fares and cover un- funded operating costs. The County's sale and display of advertising is not intended to provide a general public forum for expressive activities or public discourse and debate. Consistent with the County's proprietary function to operate CAT as a provider of public transportation, the County retains strict control over the nature of the advertisements accepted for display in its Transit Facilities and maintains its advertising space as a limited public forum. In establishing this policy, the County recognizes the need to protect its property from advertising that may be deemed inappropriate by members of the community using the Transit Facilities or those observing advertising while utilizing the transit system. In order to realize the maximum benefit from the sate of advertising space, the program must be managed in a manner that will procure as much revenue as practicable, while ensuring that the advertising does not: (1) discourage the use of the County's transit system, (2) diminish CAT's reputation in the community it serves, or (3) weaken the good will of its patrons; while at the same time remaining consistent with the County's primary goal of providing safe and efficient public transportation. In order to achieve those objectives, the County has established the following viewpoint neutral policies regulating advertising displayed in and upon its Transit Facilities so as to foster a professional advertising environment that maximizes advertising revenue. This policy is supplemental to the sign requirements in the Collier County Land Development Code (LDC). If there are conflicting provisions, the LDC will prevail. alp�r Packet Page -1749- 6/23/2015 16. D.11. 1.01 Nonpublic Forum; Commercial /Proprietary Functions. The County will rent space on its Transit Facilities for limited types of advertising ( "Permitted Advertising "). By allowing limited types of advertising within its buses, interior portions of its transit terminals and as otherwise more specifically provided herein and by providing limited space at no charge pursuant to this policy, the County does not intend to create a public forum for public discourse or expressive activity, or to provide a forum for all types of advertisements. The display of Permitted Advertising upon payment of rent in accordance with the County's adopted advertisement rate for designated Transit Facilities is intended only to supplement fare revenue and other income that funds the County's transit system. 1.02 Certain Excluded Advertising, The County will not accept for display on its Transit Facilities the types of advertising defined in Section 2.03 of these policies and standards ( "Prohibited Advertising Material "). By not accepting Prohibited Advertising Material, the County can: (a) Maintain a professional advertising environment that maximizes advertising revenues and minimizes interference or disruption of the commercial aspects of its transit system; (b) Maintain an image of neutrality on political, religious and other noncommercial and controversial subject matters that are the subject of public debate and concern; (c) Protect passengers, employees and CAT Transit facilities from harm or damage that can result from an individual's reactions to political, demeaning, disparaging or controversial materials if such restrictions are not in place; (d) Help build and retain transit ridership; and (e) Avoid claims of discrimination and maintain a non - discriminatory environment for transit customers. 1.03 Limits on Permitted Advertising. Placing reasonable limits on Permitted Advertising displayed on its Transit Facilities will enable CAT to: ; ) Avoid sub ectinn it c passeengerc anri otheC members of the public to material }� y that may discourage them from using public transit services; (b) Maintain an image of professionalism and decorum; (e) Avoid displaying material that is not suitable for viewing by minors who ride on CAT's buses; and (d) Maximize revenues by attracting and maintaining the patronage of passengers. Packet Page -1750- 6/213/2015 16.D.11. Advertising Policies 2.01 Transit Facilities Designated for Advertising. The County will make space available for Permitted Advertising limited to the following CAT Transit Facilities: • Interior transit terminal • interior bus cards • Verbal and visual onboard announcements utilizing the intelligent transportation system equipment • Verbal and visual announcements at the transfer facility utilizing the intelligent transportation system equipment and smart card media The County shall not allow advertisements to be displayed or maintained on those CAT Transit Facilities if they contain Prohibited Advertising Material as more fully described below in Section 2.03. 2.02 Permitted Advertising. Subject to the viewpoint - neutral Prohibited Advertising Material standards contained in Section 2.03 of this policy, the County will accept "Permitted Advertising" for display or placement on designated CAT Transit Facilities. For the purposes of this policy, "Permitted Advertising" is advertising that: (a) Does not include Prohibited Advertising Material as identified in Section 2.03 of this policy; and (b) Generally relates to the economic interests of the advertiser and its audience. Advertising defined in Section 3.02 also is Permitted Advertising. 2.03 Prohibited Advertising Material. For the purposes of these policies and standards, the advertising described in this Section 2.03 is "Prohibited Advertising Material." The County shall not accept advertisements for display, posting or placement within its buses or other Transit Facilities that include the following: (a) Alcoholic Beverages. Advertisements and images soliciting or promoting the sale or consumption of alcoholic beverages. (b) Tobacco Products. Advertisements and images soliciting or promoting the sale or use of tobacco products including, but not limited to, cigarettes, cigars, smokeless tobacco and other tobacco - related products. (c) Advertisements about Collier Area Transit. Advertisements and images that relate to CAT services, except public service advertisements provided by CAT itself. (a Packet Page -1751- - 6/23/2015 16.D.11. (d) Religious Advertising. Advertising in which the primary message is one promoting or opposing religion, particular religions, religious issues, or religious doctrines; however, advertisements by religious entities promoting a commercial event or activity, such as a fair are acceptable. (e) Political and Social Issue Advertising. Advertising in which the primary message is one promoting or opposing a particular view on political or social issues and /or advertisements that promote, advocate or oppose a political party, the election of any candidate or group of candidates for federal, State or local government offices, or initiatives, referendums or other ballot measures. (f) False, Misleading, Deceptive, Demeaning, Disparaging or Disrespectful Advertising. Advertising or any material or information in the advertising that is false, misleading or deceptive, or that is intended to be (or reasonably could be interpreted as being) disparaging, disreputable or disrespectful to persons, groups, businesses or organizations, including advertising that portrays individuals as inferior, evil or contemptible because of their race, color, creed, sex, pregnancy, age, religion, ancestry, national origin, marital status, disability, including those related to pregnancy or child birth, or any other characteristic protected under federal or State law. (g) Unauthorized Endorsement. Advertising that implies or declares that the County endorses a product, service, paint -of -view, event or program. The prohibition against endorsement does not apply to advertising for a service, event or program for which the County is an official sponsor, co- sponsor or participant, provided the County gives prior approval regarding the endorsement. (h) obscene Material or Nudity. Advertising that contains obscene materials, nudity or that displays sexual conduct or information in a manner that would be offensive to a reasonably prudent person of average sensitivity in the community. For purposes of this standard, the terms "obscene" and "nudity" shall have the meanings contained in Florida Statutes, as may be amended from time to time. (i) Unlawful Goods or Services. Advertising or any material or information in the advertising that depicts, promotes or reasonably appears to encourage the use or possession of unlawful or illegal goods or services. a) Unlawful Conduct. Advertising or any material or information in the advertising that: depicts, promotes or reasonably appears tc encourage unlawful or illegal behavior or conduct, including unlawful behavior of a violent or antisocial nature; is libelous or an infringement of copyright; is otherwise unlawful or illegal; or is likely to subject Collier County to liability. (k) Pornography and "Adult -oriented" goods or services. Advertising that promotes or businesses that traffic pornography, displays images associated with Packet Page -1752- 6/2'13/2015 16. D.11. adult book stores, adult video stores, nude dance clubs and other adult entertainment establishments, adult intemet sites, X- rated, NC -17 or NR rated movies, escort services and all other adult- oriented goods or services. (1) Graffiti or gang signs or symbols. Advertising that uses images or symbols that depict or represent graffiti, gang signs or symbols, or encourage graffiti or gang signs or symbols, or appear to encourage the unlawful destruction or marking of property of any sort. (m) Firearms and Weapons. Advertising that contains images or depictions of firearms or other weapons. (n) Internet Addresses and Telephone Numbers. Advertising that directs viewers to Internet addresses or telephone numbers that contain materials, images or information that would violate these advertising standards if the materials, images or information were contained in advertising displayed or posted on 'GAT Transit Facilities. (o) Violence. Advertisements that advocates, names or contains images or descriptions of violence, criminal or anti - social behavior, or presents violence, crime or anti - social behavior as erotic, entertaining, amusing or acceptable, or depicts weapons or other implements or devices associated with an act( s) of violence or harm to a person or animal. (p) Human Re prod ucti onlSexua I ity. Advertisements associated with or which may be associated with products or services related to human reproduction, sexuality, or sexual stimulation, including but not limited to contraceptive products or services, other products or services related to sexual hygiene and counseling with regard to pregnancy, abortion or other sexual matters or entertainment directed to sexual stimulation. (q) Video Games. Advertisements that promote or depict video games that are rated "A" or "M." (q) Violation of Law. No advertising shall be displayed if the display thereof would violate any federal or State law or regulation, or any law, regulatioi I, or ordinance of the County. Ill. Other prohibitions, Allowances and Limitations 3.01 Prohibitions on Literature or Product Distribution and Leafleting. CA—i's purpose in operating a public transit system is to meet the public's need for efficient, effective and safe public transportation. CAT Transit Facilities are not intended to by public forums for public discourse or expressive activity. ca Packet Page -1753- 6/23/2015 16.D. 11. Literature or product distributions, leafleting and similar activities can disrupt or delay passengers who are boarding and exiting buses and other transit vehicles, distract passengers, distract bus operators, cause maintenance issues, and otherwise create safety issues for passengers, operators and surrounding traffic. Accordingly, distribution of literature, leafleting, and other informational or activities are prohibited within CAT Transit buses or other transit vehicles and within CAT Transit Facilities, except for the provision of leaflets and information provided by CAT itself that are related to provision of or are for the benefit of transportation - related public services or public events sponsored by Collier County. 3.02 Other Permitted Advertising and Public Service /announcements. The County may make advertising space available for advertising proposed by governmental agencies (examples include: ads informing the public about programs, services or events). On a limited basis, The County may make unpaid advertising space available for public service announcements. Costs associated with the design, production, installation and removal of public service announcements are the responsibility of the governmental agency requesting the public service announcement. The advertising and public service announcements permitted under this section cannot contain displays or messages that qualify as Prohibited Advertising Material under Section 2.03 and must comply with these advertising policies and standards. Unless the source of the advertising or public service announcement is obvious from the content or copy, the advertisement or public service announcement, whether paid or un -paid, must specifically identify the sponsor of the advertisement or the message. 3.03 Space Availability. The County limits the amount of space on its Transit Facilities available for advertising and does not represent that it can accommodate all requests for advertising space. Advertising space will be made available only on CAT Transit Facilities designated by the County. No advertising, signs and other types of postings or messages may be displayed, posted or placed on any other CAT Transit Facilities. 3.04 Artwork. Collier County reserves the right to reject any artwork or design on the basis of aesthetics or any effect the placement may have on the operations, maintenance or safety of the County property. 3.05 Reservation of Rights. The County reserves the right to amend these policies and standards at anytime. Subject to any contractual obligations, the County reserves the right to discontinue advertising on CAT Transit Facilities and discontinue accepting advertising for display or posting on CAT Transit Facilities The County reserves the right to limit the availability of advertising space on its Transit Facilities and remove advertising that does not comply with these advertising policies and standards and, subject to any contractual obligations. Nothing in this policy should be deemed as to provide for a vesting of rights to a� Packet Page -1754- 6/2:3/2015 16. D.11. remain or place advertisements on Collier Area Transit property. Contracts for the placement of advertising on property shall contain a provision providing for the termination of any such contracts for the County's convenience without penalties to the County. Any of the provisions of this policy shall be deemed severable. 3.06 Sponsor Attribution and Contact Information. Any advertising in which the identity of the sponsor is not readily and unambiguously identifiable must include the following phrase to identify the sponsor in clearly visible letters (no smaller than 24 point type): Paid for by IV. Advertising Agreements 4.01 Sale of Advertising. The sale of advertising may either be sold directly by the County or through one or more independent contractors selected in accordance with the County's competitive procurement procedures. If the County elects to use an advertising and marketing agency to solicit advertisers, the selected contractor(s) shall comply with this advertising policy. 4.02 Approval. All advertisers are required to sign an advertising agreement as approved by the Collier County Board of Commissioners. All agreements will be reviewed by the County Attorney's Office for form and legality. The agreements will specify the term, type of advertisement, rate and other applicable clauses, including but not limited to liability and indemnification. 4.03 Indemnification. All advertisers will indemnify and hold the County harmless from any and all claims including but not limited to infringement of trademarks, trade names, copyrights, invasion of rights for privacy, defamation, illegal competition or unfair trade practices brought forth as a result of any advertisement government by this policy. 4.04 Background Check. Advertisers cannot be included on the Federal Excluded Parties List System ( "EPLS "), the State of Florida's Department of Management Services Convicted/ Suspended /Discriminatory /Compiiant vendor list, or other such lists required by the County. 7 Packet Page -1755- - -- - 6/23/2015 16.D.11. V. Submission of Advertisements and Appeals from Adverse Advertising Decisions 5.01 Submission of Advertisements. Any and all advertisements must be submitted to the County's Alternative Transportation Modes (ATM) Department. If ATM is using an advertising and marketing agency, those contractors shall comply with these policies and review all advertising with reference to them. They shall refer all such advertising that falls or may fall into any of the categories defined herein to the County's Public Transit Manager who shall determine whether the proposed advertising will be accepted. Any advertising and marketing agency hired by the County shall provide a copy of the proposed advertisement upon receipt to the County's Public Transit Manager to review the copy and illustrations. 5.02 Initial Reviews. The County's Public Transit Manager will make initial decisions about accepting or rejecting proposed advertising. The decisions will be based on these policies and standards. The County's Public Transit Manager, or other designated CAT Transit staff, will work with advertisers to resolve issues about advertisements that do not comply with these policies and procedures. Possible resolutions may include modification of the art, copy, or both. 5.03 Appeals to Alternative Modes Transportation ( "ATM ") Director. An advertiser may appeal a decision to reject or remove an advertisement by filing a written request with the County's ATM Director within five (5) business days after the rejection or removal decision. The advertiser's request shall state why the advertiser disagrees with the decision in light of the County's advertising policies and standards. The ATM Director shall consult with the County Attorney's Office and other appropriate County staff to review the basis for the rejected or removed advertisement and will consider the advertiser's reasons for filing the request. The ATM Director will make a decision on the request and will notify the advertiser of the decision in writing within ten (10) business days after receiving the advertiser's appeal. The decision of the ATM Director shall be final and conclusive. VI. Advertisement Specifications Dimensions and Rates. 6.01 Submission of Advertising — Form. a. Art files, photos and /or logos must be provided to the County's Public Transit Manager in a format and resolution deemed acceptable for the type of advertising being requested. b. Interior transit terminals and bus interior cards must measure exactly 11" tall and cannot exceed 17" in width. Cards must be printed on a material thick enough that the card does not fall out of the rack. Advertisers must arrange and pay for design and production of cards independently. I (�- DN � Packet Page -1756- 6/23/2015 16. D.11. c. Written announcement scripts for the ITS equipment must be provided to the PTM in both English and Spanish, however the PTM reserves the right to request in any additional language as may be required by the adopted Limited English Proficiency plan. Verbal message shall be limited to one minute recorded length. d. Smart media cards are limited to 2" X 3 ". Smart media card printing shall be the responsibility of Collier Area Transit. Printing costs for smart media cards are included in the advertising rates. 6.02 Advertising Rates. The County's rates for Permitted Advertising on CAT designated CAT Transit Facilities are as follows: Type # of cards purchased Rate per Month per Card Interior Terminal Card 1 $150.00 Interior Terminal Card 5+ $100.00 Interior Bus Card 5-14 $25.00 Interior Bus Card 15+ $20.00 Smart Card 150-99 $7.00 Smart Card j 100 — 500 $6.00 Smart Card 500+ $5.00 T oe I Frequency Rate per Month Announcements One time per run per route _ $500 and every hour at a transfer facility 9 Packet Page -1757-