HomeMy WebLinkAboutResolution 2009-047 N.C.S. 04/20/2009 Resolution No. 2009-047 N.C.S.
of the City of Petaluma, California
AWARDING CITY BUS ADVERTISING A CONTRACT
TO PROVIDE ADVERTISING ON PETALUMA TRANSIT BUSES AND
INSIDE THE KELLER STREET PARKING STRUCTURE
WHEREAS, the City of Petaluma wishes to reduce its expenditure of TDA/STA
funding, and a contract for advertising placement on buses enables Petaluma Transit to generate
revenue to the transit system; and,
WHEREAS, the City of Petaluma wishes to defray its maintenance costs of the Keller
Street parking structure, and a contract for advertising placement in the garage will generate
revenue toward maintenance costs of same; and,
WHEREAS, City Bus Advertising can provide advertising for Petaluma Transit and the
Keller Street parking structure, and generate revenue toward both City of Petaluma venues.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby authorizes City Manager to execute the City's standard Professional Services
Agreement, to include a Scope of Services as set forth in Exhibit A attached hereto and
incorporated herein by reference, with City Bus Advertising to provide advertising on Petaluma
Transit buses and inside the Keller Street parking structure at the following rates:
a) Consultant shall pay to City the greater of 1) the sum of ONE `THOUSAND
DOLLARS ($1,000.00); or 2) THIRTY-FIVE PERCENT (35%) of the monthly gross
revenues earned from all advertisers obtained and/or advertisements placed on the
rear and sides of the Petaluma Transit Gillig buses and the rear of the Petaluma
Transit Chevy and Paratransit buses.
b) Consultant shall pay to the City the sum of FORTY PERCENT (40%) of gross
revenues earned from all advertisers obtained and/or advertisements placed on the
sides of the Petaluma Transit Chevy buses.
Resolution No. 2009-047 N.C'.S. Nage 1
c) Consultant shall pay to the City the sum of THIRTY-FIVE PERCENT (35%) of the
gross revenues earned from all advertisers obtained and/or advertisements placed in
the Keller Street parking structure.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the App oved s to
Council of the City of Petaluma at a Regular meeting on the 20`h day of April, 2009, form
by the following vote:
City ttorney
AYES: Vice Mayor Barrett, Glass, Harris, I-leafy. Rabbitt, Renee, Mayor Torliatt
NOES: None
~
ABSENT: None i
ABSTAIN: None -
ATTEST: ~ e
City Clerk ~ Mayor
Resolution No. 2009-047 N.C.S. Page 2
EXHIBIT A
City of Petaluma Professional Services Agreement
SCOPE OF SERVICES FOR CITY BUS ADVERTISING
1. Consultant shall market rear and side panel exterior advertising space on Petaluma Transit Gillig
and Chevy buses and rear panel exterior advertising space on Petaluma Paratransit vans.
(Interior advertising space on all Petaluma Transit vehicles is reserved for use by the City of
Petaluma and/or for public service advertising approved by the City). Consultant shall also
market designated advertising space in the City's Keller Street parking structure. Consultant shall
be responsible for the solicitation of advertisements, maintenance, repair and removal of any
and all signs displayed on Petaluma Transit and Petaluma Paratransit vehicles and in the Keller
Street parking structure.
2. If, during the term of this contract, it is deemed in the shared interest of the City and Consultant,
additional exterior advertising space (e.g. full or partial bus wraps) may be marketed by
Consultant at a rate consistent with that codified in this Agreement.
3. The advertising services authorized by this Agreement are for the purposes of producing revenue
for the City of Petaluma, and the advertising spaces to be marketed by Consultant are deemed
to be a nonpublic forum subject to the City of Petaluma's authority to regulate the type of
advertising to be allowed. As such, the subject matter of all advertising shall be limited to those
advertisements that propose a commercial transaction. (Advertising that proposes a
commercial transaction for purposes of this policy excludes advertising that includes expression
of political or religious views, regardless of speaker or viewpoint.)
Advertisements may not be displayed that:
a. Advertise alcohol or tobacco products;
b. Advertise illegal activity;
c. Contain words or images that are defamatory in nature or that are directed toward
inciting imminent lawless actions;
d. Contain obscene matter, as that term is defined in California Penal Code section
31 1 (a), or contain statements or words of an obscene, indecent or immoral
character, or any picture or illustration of the human figure in such detail as to offend
public morals or decency, pursuant California Business and Professions Code section
5402.
The City of Petaluma reserves all legal rights to reject or to remove, without notice to Consultant,
any sign that the City deems to be in violation of the foregoing policies. Amounts received from
advertisers for advertising riot in conformance with City policy will be returned to the advertiser.
4. Consultant shall establish contracts with advertisers that are no longer than month-to-month and
shall bill all advertisers on a monthly basis.
a. Consultant shall pay to City the greater of 1) the sum of ONE THOUSAND DOLLARS
($1,000.00); or 2) THIRTY-FIVE PERCENT (35%) of the monthly gross revenues earned
from all advertisers obtained and /or advertisements placed on the rear and sides of
the Petaluma Transit Gillig buses and the rears of the Petaluma Transit Chevy and
Para transit buses.
Resolution No. 2009-047 N.C.S. Page 3
b. Consultant shall pay to the City the sum of FORTY PERCENT (40%) of gross revenues
earned from all advertisers obtained and/or advertisements placed on the sides of
the Petaluma Transit Chevy buses.
c. Consultant shall pay to the City the sum of THIRTY-FIVE PERCENT (35~a) of the gross
revenues earned from all advertisers obtained and/or advertisements placed in the
Keller Street parking structure.
d. Payments hereunder shall be made to City by Contractor on or before the 20th day
of the month following the month for which payments are being made.
Resolution No. 2009-047 N.C.S. Page 4