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Resolution 2019-162 RESOLUTION No.2019- 16 2 A RESOLUTION SUPERCEDING RESOLUTION NO. 2016-140 ESTABLISHING THE COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS, FEE POLICY AND THE AGREED TERMS AND CONDITIONS FOR ADVERTISING. WHEREAS, the Board of County Commissioners (the "Board") has the authority to approve the Collier Area Transit ("CAT") Advertising Policy and Standards, Fee Policy and the Agreed Terms and Conditions for advertising on CAT Transit assets and facilities; and WHEREAS, on June 24, 2014, after due consideration and majority vote, the Board adopted Resolution No. 2014-141 establishing the CAT advertising Policy and Standards and CAT Fee Policy; and WHEREAS, on June 23, 2015, the Board adopted Resolution No. 2015-126, superseding Resolution No. 2014-141, establishing the CAT Advertising Policy and Standards, a Rate Schedule and approving the Agreed Terms and Conditions and Package rates for advertising on CAT Transit assets and facilities (collectively,the "CAT Advertising Policy"); and WHEREAS, on June 28, 2016, the Board adopted Resolution No. 2016-140, superseding Resolution No. 2015-126, amending the CAT Advertising Policy; and WHEREAS, to maximize and generate revenues to supplement fares and cover un-funded operating costs, the Board authorizes CAT to expand its Advertising Policy and Standards and corresponding Rate Schedule to include a Bench Sponsorship Program and Digital Advertising; and WHEREAS, at its July 9, 2019, regular meeting the Board voted in favor of including a Bench Sponsorship Program, Digital Advertising and the related revisions to the CAT Advertising Policy and Standards attached hereto; and WHEREAS, it is in the public interest to implement terms and conditions and package rates consistent with the expansion of the CAT Advertising Policy. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY THAT: 1. The CAT Advertising Policy is hereby revised as follows: I. PURPOSE The purpose of this policy is to establish user fees that will partially offset the cost of providing services to the taxpayers of Collier County. Along with the fees set forth below, the Board approves the CAT Advertising Policy and Standards and Agreed Terms and Conditions for advertising on CAT Transit assets and facilities as set forth in attached Exhibits "A"and"B." � CA II. LIMITATIONS No Waiving of Fees. The Board of County Commissioners shall set all fees and charges.No fees may be waived, except as stated herein. 2. Collier Area Transit is hereby authorized to set advertising fees in accordance with the below schedule: Type #of card RateMonth per Card ypper Purchased 1 $150 to $250 depending on location Terminal Card (11"X17") 5+ $100 to $150 depending on location 5-14 $50 Interior Bus Card(11" X 25") 15+ $30 50 - 99 $lO per card Smart Card 100 -499 $7.50 per card (not a monthly rate) 500+ $5 per card Type Frequency Rate per Month Interior Bus Announcement(30 Hourly $500 Sec) GPS/Per Route $500 Terminal Announcement(30 Hourly - Gov Center $500 Sec) Add Size Off-Season Bus Schedule inside cover(6 2"x 3" (Business Card) $250 months) 1/2 Page (4"x 6") $600 Full Page (6"x 8") $1,000 Bench Program Bench Sponsorship Cost will vary per site (includes bench and foundation installation) Sponsorship valid for life of bench. Plaque Production Cost per bench $275 Plaque size: 5"x16" Digital Advertising Length of Video Rate/Month Rate/Month (6 mos.) Rate/Month(12 mo.) :07 $125 $115 $100 :15 $250 $225 $200 :30 $450 $425 $400 One-time Production Cost per video - $100 cm) Package Offerings: Package Offers Diamond Gold Silver Bronze Terminal Advertising Signs Yes (10) Yes (5) Yes (1) None Interior Bus Signs Yes (24) Yes (24) Yes (24) Yes (24) Smart Cards (with Yes (1,000) Yes (500) Yes (500) Yes (250) Company Logo) Interior Bus Yes Yes None None Announcements Interior Terminal Yes Yes None None Announcements Monthly Total $6,176 $4,012 $3,033 $2,465 3. This policy shall be effective as of October 1, 2019. This Resolution adopted this 10th day of September, 2019 after motion, second and majority vote in favor of passage. ATTEST BOARD OF COUNTY COMMISSIONERS CRYSTAL KIN4EL, CLERK COLLIER COUNTY, FLORIDA By: :1(1' . / i i By: ig*Iiiii •(PA puLy clwt �' "illiam L. McDaniel, Jr., Attest as to Gt121flTtigl'S�' 3 Chairman signature only. a. , Approved as to form and legality: , L.------------ By: ( t. it ott Teach Deputy County Attorney SVi W Exhibit "A" (Strikethrough/Deleted—Underscoring/Added) COLLIER AREA TRANSIT ADVERTISING POLICY AND STANDARDS I. 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 unfunded operating costs. The County's sale and display of advertising 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: (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. 1.01 Nonpublic Forum; Commercial/Proprietary Functions. The County will rent space on its Transit Assets and Facilities for limited types of advertising ("Permitted Advertising"). By allowing limited types of advertising within and on its buses (the interior of the buses), on the interior portions of its transit terminals, display area 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 Assets and 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 Assets and 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. 103. Limits on Permitted Advertising. Placing reasonable limits on Permitted Advertising displayed on its Transit Assets and 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. II. Advertising Policies 2.01 Transit Assets and Facilities Designated for Advertising.The County will make space available for Permitted Advertising limited to the following CAT Transit Assets and Facilities: • Interior transit terminal surfaces • Exterior passenger lobby • Interior bus cards surface • 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 • Smart card media • Digital Signage at terminals and interior of buses • In-app mobile advertising 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, e- 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. (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. CAO (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) Prohibited Language. No advertising shall contain the words "STOP," "LOOK," "DANGER" or any other word, symbol or display designed to distract vehicular traffic. (j) 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. (k) 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. (I) Pornography and "Adult-oriented" goods or services. Advertising that promotes or businesses that traffic pornography, displays images associated with 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. 0 (m)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. (n) Firearms and Weapons. Advertising that contains images or depictions of firearms or other weapons. (o) 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. (p) 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. (q) 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. (r) Video Games. Advertisements that promote or depict video games that are rated "A" or "M." (s) 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. (t) On-line Gambling.Advertising or any material or information in the advertising that depicts, promotes or reasonably appears to encourage on-line gambling. Ill. 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. 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 any time. Subject to any contractual obligations, the County reserves the right to discontinue advertising on CAT Transit Assets and Facilities and discontinue accepting advertising for display or posting on CAT Transit Assets and Facilities. The County reserves the right to limit the availability of advertising space on its Transit Assets and 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 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, subject to possible fee adjustments to the rate of advertising that will be approved by the Board of County Commissioners in the contract entered into with any advertising and marketing agency. 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. 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 Public Transit & Neighborhood Enhancement Division (PTNE). If 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 Public Transit& Neighborhood Enhancement(PTNE) Director.An advertiser may appeal a decision to reject or remove an advertisement by filing a written request with the County's PTNE 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 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 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 PTNE 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 (PTM) 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 and 11" x 25" respectively. 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. Naming rights signage or plaque sizes may vary according to the location of the display sign. d. 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 ^^ te 30 seconds recorded length. e. 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. f. Digital Signage (ad sizes will vary) may be displayed on monitors located within the transit buses and terminals CAO g. Bench Sponsorship — The Public Transit & Neighborhood Enhancement Division may accept donations for the construction of benches to support the transit system. Monetary donations shall be accounted for through the execution of a donation form which specifies the amount of donation and whether the donor wishes to be recognized on the bench. The desired location of the bench will also be noted if there is a preference. 6.02 Advertising Rates. The County's rates for Permitted Advertising on CAT designated CAT Assets and Transit Facilities are as follows and is intended for use by PTNE staff when selling advertising. Should the County enter into an arrangement with an advertising and marketing agency to sell advertising for CAT, these fees are subject to possible adjustments to the rate of advertising that will be approved by the Board of County Commissioners in the contract entered into with any advertising and marketing agency. Type # card Rate per Month per Card Purchased 1 $150 to $250 depending on Terminal Card (11"X17") location 5+ $100 to $150 depending on location Interior Bus Card (11" X 25") 5-14 $50 15+ $30 Smart Card 50 - 99 $10 per card (not a monthly rate) 100 - 499 $7.50 per card 500+ $5 per card Type Frequency Rate per Month Interior Bus Announcement Hourly $500 (30 Sec) GPS/ Per Route $500 Terminal Announcement (30 Hourly - Gov Center $500 Sec) Add Size S Off- Add Season Bus Schedule inside cover (6 2"x 3" (Business Card) $250 $600 months) '/Z Page (4" x 6") $600 $1,200 Full Page (6" x 8") $1,000 $1,500 Bench Program Bench Sponsorship Cost will vary per site (includes bench and foundation installation) Sponsorship valid for life of bench. Plaque Production Cost per $275 Plaque size: 5"x16" bench Di•ital Advertisin s Length of Video Rate/Month Rate/Month (6 Rate/Month (12 mos. mo. :07 $125 $115 $100 :15 $250 $225 $200 :30 $450 $425 $400 One-time Production Cost per video - $100 Package Offerings: Package Offers Diamond Gold Silver Bronze Terminal Advertising Signs Yes (10) Yes (5) Yes (1) None Interior Bus Signs Yes (24) Yes (24) Yes (24) Yes (24) Smart Cards (with Yes (1,000) Yes (500) Yes (500) Yes (250) Company Logo) Interior Bus Yes Yes None None Announcements Interior Terminal Yes Yes None None Announcements Monthly Total $6,176 $4,012 $3,033 $2,465 Exhibit "B" (Strikethrough/Deleted—Underscoring/Added) CaLERAREAIMNSIT ADVERTISING AGREEMENT AGREED TERMS AND CONDITIONS 1. The printing and written provisions of this Agreement contain all of the agreements, conditions and representations made by 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. 2. If there is more than one Advertiser,the Advertiser shall read as plural,as well as the singular.If there is more than one Advertiser (Agency and Advertiser), all Advertisers' obligations, responsibilities, and indemnifications under this Agreement are joint and several to include,but not limited to any outstanding charges or balances on the account. 3. Loss of service due to strike,fire,flood,riot or other causes beyond the control of Collier County shall not constitute a breach of this Agreement,but in such event Advertiser may be entitled to a pro rata credit for service paid in advance for such loss or an extension of the term of service equivalent to the service lost,at the sole option of Collier County.It is agreed that no claim resulting from Collier County Transit's failure 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 will send a representative to the location involved and establish the facts. Credit for loss of service,if any,under this Agreement will be,based on average daily space cost per display to Advertiser. 4. To the maximum extent permitted by Florida law,the Advertiser shall indemnify and hold harmless Collier County,its officers and employees from any and all liabilities, including liability for infringement of trademarks, trade names, copyrights, invasion of rights of privacy, defamation, illegal competition or trade practices, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness,or intentionally wrongful conduct of the Advertiser for anyone employed or utilized by the Advertiser in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 5. Unless otherwise specifically agreed to by the Advertiser and CAT,each monthly posting is to be considered one month. Further,there then will be twelve(12)posting periods per each given year.It is understood that weather permitting,posting may commence as early as five(5)days prior to the posting date stipulated in this Agreement and completed within a period of five(5)working days after such posting date,upon written notice to Advertiser. 6. CAT reserves the right to refuse to post any advertisement for which the copy was not previously submitted to CAT for approval in compliance with the Collier County Board of County Commissioners'approved Collier Area Transit Advertising Policy and Standards.In such a case,the Advertiser will still be responsible for space costs set forth in this Agreement. 7. Invoices will be rendered monthly in advance dating from commencement date of this Agreement and Advertiser agrees to make payment net in advance upon receipt of invoice.Default shall be deemed to occur whenever any monthly invoice shall be unpaid for thirty (30) days. CAT reserves the right to cancel this Agreement at any time upon default by the Advertiser in payment,or other breach,or in the event of any material violation on the part of the Advertiser of any conditions or obligations set forth in this Agreement,and upon such cancellation all advertising done hereunder,including short-term rates or other charges under this Agreement,which remains unpaid,shall become immediately due and payable. Upon the Advertiser's breach of this Agreement, CAT may, at its option, be discharged from any obligation to further display the Advertiser's copy and may terminate immediately this Agreement and,in the event of demand,action,claim or suit for the collection of unpaid accounts,all cost of suits,including reasonable attorney's fees,may be added to the monies owed.The Advertiser agrees to pay for the advertising service covered by this Agreement and agrees to be liable for Agreement,CAT payment thereof, including reasonable expenses for collection, attorney's fees and court costs. Waiver by CAT of any specific breach or breaches of this Agreement by the Advertiser shall not prejudice the right of CAT hereunder with respect to any breach or breaches not specifically waived by CAT. If there is more than one Advertiser,then CAT shall hold each Advertiser liable in the event of any default of payment. Should any of the parties become bankrupt or be delinquent in payment,CAT may proceed hereunder against Advertiser(if there is more than one Advertiser.then both or any one of the Advertisers),without relieving either party of its liabilities to Collier Area Transit("CAT"). 8. CAT will,from time to time,at intervals following commencement of service,bill Advertiser at the address on the face hereof. Advertiser shall pay CAT each month on or before the billing due date at the address listed on the invoice. If the I Advertiser fails to pay any charges within thirty(30)days from the date payment is due,a finance charge of 1.5%per month (being an annual percentage rate of 18%)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. 9. 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 be 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 thirty (30) day written notice to CAT. CAT 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 between 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 will 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)consecutive days,Advertiser 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. 15. This Agreement term is for a one()month period commencing on the date entered into by the Parties.CAT may,at its discretion and with the consent of the Advertiser, renew the Agreement under all of the terms and conditions, and CAT reserves its right to increase advertising rates.CAT shall give the Advertiser written notice of CAT's intention to renew the Agreement term,including any increase in advertising rates,not less than ten(10)days prior to the end of the Agreement term then in effect.