Agenda 06/24/2014 Item #11D6/24/2014 11. D.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution establishing the Collier Area Transit (CAT) Advertising
Policv. Standards and Rate Schedule.
OBJECTIVE: To provide an opportunity for alternative revenue generation to be utilized for CAT Area
Transit operations.
CONSIDERATION: Collier Area Transit is funded by a combination of federal, State and local funds,
as well as farebox revenue. This policy provides a framework for the sale of advertising inside the transit
buses and transit and transfer terminals to maximize and generate revenues to supplement fares and cover
unfunded operating costs. To maximize the 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 discourage the use of the County transit system; diminish CAT's reputation in the
community; or weaken the good will of its patrons. The sale and display of advertising is not intended to
provide a general public forum for expressive activities, public discourse or 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.
Staff assessed advertising rates in other transit systems to develop a rate schedule. The proposed rates are
as follows:
Type
Size
# of Cards Purchased
Rate
Interior Terminal Card
11" X 17"
1
$150 Per Month, Per
Card
Interior Terminal Card
11" X 17"
5+
$100 Per Month, Per
Card
Interior Bus Card
l 1" X 17"
5-14
$25 Per Month, Per
Card
Interior Bus Card
11" X 17"
15+
$20 Per Month, Per
Card
Smart Card
2" X 3"
50-99
$7 Per Card
Smart Card
2" X 3"
100-500
$6 Per Card
Smart Card
2" X 3"
500+
$5 Per Card
Type
Frequency
Rate Per Month
Announcements
One time per run per route and
every hour at a transfer facility
$500
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 Government Center Intermodal
Transfer Facility, the facility must be utilized to provide or support public transportation; therefore, all
revenue received from the advertising would be reinvested into the fixed route transit system.
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FISCAL IMPACT: Staff estimates maximum additional revenues of $232,000 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.
Revenue has not been budgeted, but will be pending the Board approval of the policy and fee structure.
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 the proposed Resolution
establishing the Collier Area Transit Advertising fees, as wells as the CAT Advertising Policy and
Standards.
Prepared by: Trinity Scott, Public Transit Manager, Alternative Transportation Modes
Attachments: (1) Resolution, (2) Collier Area Transit Advertising Policy and Standards.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 11.11.1).
6/24/2014 11. D.
Item Summary: Recommendation to approve a Resolution establishing the Collier Area
Transit Advertising Policy, Standards and Fee structure.
Meeting Date: 6/24/2014
Prepared By
Name: ScottTrinity
Title: Manager - Public Transit, Alternative Transportation Modes
6/6/2014 11:32:39 AM
Submitted by
Title: Manager - Public Transit, Alternative Transportation Modes
Name: ScottTrinity
6/6/2014 11:32:40 AM
Approved By
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes, Alternative Transportation Modes
Date: 6/6/2014 1:01:39 PM
Name: TownsendAmanda
Title: Director - Operations Support, Public Services Division
Date: 6/6/2014 5:06:12 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 6/11/2014 9:35:19 AM
Name: SotoCaroline
Title: Management/Budget Analyst, GMD Construction & Maintenance Admin
Date: 6/11/2014 9:43:49 AM
Name: TeachScott
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Title: Deputy County Attorney, County Attorney
Date: 6/11/2014 10:51:18 AM
Name: CarnellSteve
Title: Administrator - Public Services, Public Services Division
Date: 6/11/2014 11:14:20 AM
Name: OberrathKaren
Title: Accountant, Senior, Grants Management Office
Date: 6/13/2014 11 :30:26 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 6/16/2014 5:50:19 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 6/17/2014 8:15:24 AM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Grants Management Office
Date: 6/17/2014 9:31:20 AM
Name: DurhamTim
Title: Executive Manager of Corp Business Ops,
Date: 6/17/2014 3:37:12 PM
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COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS
1. 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 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: (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.
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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.
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.
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il. 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.
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(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, 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.
(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.
Q) 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.
(k) Pornography and "Adult- oriented" goods or services. Advertising that
promotes or businesses that traffic pornography, displays images associated with
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adult book stores, 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.
III. Other Prohibitions, Allowances and Limitations
3.01 Prohibitions on Literature or Product Distribution and Leafleting. CAT'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 be public forums for public discourse or expressive activity.
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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
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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. Advertisina Aareements
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/Compliant vendor list, or other
such lists required by the County.
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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.
a
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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
50-99
$7.00
Smart Card
100-500
$6.00
Smart Card
500+
$5.00
Type
Frequency
Rate pe r Month
Announcements
One time per run per route
$500
and every hour at a transfer
facility
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RESOLUTION No. 2014
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 COUNTY
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. See Exhibit "A." The purpose of this
policy is to establish advertiser user fees intended to partially offset the cost of
providing public transit services to the taxpayers of Collier County.
II. LIMITATIONS
No Waiving of Fees. The Board of County Commissioners shall set all fees
and charges with respect to advertising on CAT transit buses and transit and
transfer terminals. No fees may be waived, except as stated herein.
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3. Collier Area Transit (CAT) is hereby authorized to set advertising fees in accordance
with the below schedule:
Type
# of Cards Purchased
Rate
Interior Terminal Card
1
$150 Per Month, Per Card
Interior 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
$6 Per Card
Smart Card
500+
$5 Per Card
Type
Frequency
Rate Per Month
Announcements
One time per run per route
$500
and every hour at a transfer
facility
4. This policy shall be effective July 1, 2014.
This Resolution adopted this day of
and majority vote in favor of passage.
ATTEST:
DWIGHT E. BROCK, Clerk
La
, Deputy Clerk
Approved as to form and legality:
Scott R. Teach,
Deputy County Attorney
2014 after motion, second
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
TOM HENNING, Chairman
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