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HomeMy WebLinkAbout2014-137 Health - Transit Advertising - Town of Chapel Hill shall provide advertising for OCHD Please return this copy to the Clerk to the Boar/y d's— office for permanent agenda file. 12r 7 STATE OF NORTH CAROLINA CONTRACT FOR COUNTY OF ORANGE TRANSIT ADVERTISING This Agreement is made and entered into by and between the Town of Chapel Hill, herein "Town", and Orange County by and through Orange County Health Department, herein "Advertiser" for services hereinafter described for the Town of Chapel Hill. This contract is for the purchase by Advertiser of advertising on Town Transit vehicles. This contract is for four (4) Kings for three (3) months and a full showing of Interior Cards for six (6) months. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Advertiser agree: 1. Duties of the Advertiser: The Advertiser agrees to purchase advertising as described in the attached Order for Transit Advertising (Exhibit A). 2. Duties of the Town: The Town shall provide advertising services as set forth in Exhibit A. 3. Fee Schedule and Maximum Sum: Contract amount not to exceed $3,498.00 plus production costs which are billed by the vendor directly. Payment shall be made according to Exhibit A. 4. Billing and Payment: The Town shall submit a bill to the Advertiser for advertising as described under the terms of this Agreement. The Town shall bill and the Advertiser shall pay the rates set forth therein. Payment will be made to the Town within fifteen (15) days of receipt of an invoice. 5. Business License: The Contractor shall have a valid Business License with the Town of Chapel Hill before beginning work as required by Ordinance (if applicable). 6. Insurance Provisions: The Town requires evidence of Advertiser's current valid insurance (if applicable) during the duration of this Contract. 7. Non-Discrimination: The Advertiser shall administer all functions without discrimination because of race, creed,,sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. 8. Federal and State Legal Compliance: The Advertiser must be in full compliance with all federal and state laws, including those on immigration. 9. Amendment: This Agreement may be amended in writing by mutual agreement of the Town and Advertiser. Small Service Contract Format Revised 4/2013 Page 1 of 3 10. Interpretation: This Agreement shall be construed and enforced under the laws of North Carolina. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. 11. Preference: In the event that the terms of Exhibit A are not consistent with terms of this Contract, this Contract shall have preference; provided that where either Exhibit A or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply. This Contract shall be subject to and further governed by the Policies and Standards for Advertising on Chapel Hill Transit Facilities adopted Chapel Hill Town Council December 3, 2012, a copy of which is available for review at Chapel Hill Transit and the Office of the Town Clerk, Town of Chapel Hill. 12. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 13. Assignment: This Contract shall not be assigned without the prior written consent of the parties. 14. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract. 15. Term: This Contract, unless amended as provided herein, shall be in effect until December 31, 2014. oRA#(X couif-ty 146A(.-1 OEPT- 6 This Contract is between the Town of Chapel Hill and for Transit Advertising. IN WITNESS WHEREOF, the parties hereunto cause this agreement to be executed in their respective names. [SIGNATURE PAGE TO FOLLOW] Small Service Contract Format Revised 4/2013 Page 2 of 3 SIGNATURE PAGE FOR ORANGE UNT TOWN OF CHAPEL HILL t4 f ., County Manager DEPUTY/TOWN MANAGER Atchtt-4 T-346"_ -- ATTEST BY TOWN CLERK: k 7 Ai4�i ggg{ fic.4, TO CLERK 6 4i. ` ILL TOWN SEAL Town Clerk attests date this -7 day of M4ec % ,20 1 y . Approved as to technical Content: Colleen Bridger, PhD, , Health Director TOWN TRMSIT DIRECTOR App a egal Form and Authorization: ��� Annette M. Moore, Staff Attorney TOWN ATTORNEY This instrument has been pre-audited in the manner Z d the ocal Government Budget and Fiscal Control Act. vdl� A A4 - Clarence G. Grier,Asst. County Manager/CFO TO N FINANCE OFFICER Small Service Contract Format Revised 4/2013 Page 3 of 3 • J Exhibit A tionsit Chapel Hill 2014 Order for Transit Advertising Please accept this order for advertising on Chapel Hill Transit buses: King Panels: 4 buses x 3 months =$ 2,640.00 Queen Panels: buses x months =$ Rear Panels: buses x months =$ Bus Wraps: buses x months =$ Interior Card: 99 buses x 6 months =$ 858.00 Advertiser agrees to pay the sum of$ 3,498.00 divided by six (6) months and payable at the first of each month during the term of this contract, plus production costs. February 21, 2014(or before)through August 21, 2014 Total Amount of Contract: $ 3,498.00 *Production Costs: $_(paid directly to installer) Total Contract: $ 3,498.00 *Production costs are separate. Product or service to be advertised: Healthy Carolinians Coordinator Ashley L. Mercer, MPH Phone: 919.245.2440 This order is signed and accepted subject to the terms and conditions printed on the reverse side thereof. ADVERTIS B Date: Chapel Hill Transit I �L By: v C"t" Date: Z'— Z S- T POLICIES AND STANDARDS FOR ADVERTISING ON CHAPEL HILL TRANSIT FACILITIES Chapel Hill Transit(CHT)is a regional transit system created under section of the Town of Chapel Hill Ordinances. Chapel Hill Transit owns and operates buses,bus shelters, a garage and other properties (collectively referred to as"Transit Facilities") in conjunction with its regional transit system. It is in the public interest to make advertising space available upon payment of rent in accordance with CHT's adopted rental schedule on certain designated Transit Facilities to generate revenue and help fund the operation of the regional transit system or upon acceptance of the advertising as unpaid public advertising or public service announcements in accordance with this policy in order to support public agencies and community non-profit services. I. PURPOSE 1.01 Limited Public Forum; Commercial/Proprietary Functions. Chapel Hill Transit will rent space on its Transit Facilities for limited types of advertising("Permitted Advertising"). By allowing limited types of advertising on or within its buses and or/bus shelters and providing limited space at no charge pursuant to this policy,Chapel Hill Transit does not intend to create a full public forum for open 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 CHT's adopted rental schedule on designated Transit Facilities is intended only to supplement fare revenue,tax proceeds and other income that fund the regional transit system. 1.02 Certain Excluded Advertising. Chapel Hill Transit will not accept for display on its Transit Facilities the types of advertising defined in Section 2.01 of these policies and standards ("Excluded Advertising").By not accepting Excluded Advertising, Chapel Hill Transit can: (a) maintain a professional advertising environment that maximizes advertising revenues and minimizes interference or disruption of the commercial aspects of its regional transit system; (b) protect passengers,employees and Chapel Hill Transit facilities from harm or damage that can result from some individual's reactions to political or controversial materials; and (c) help build and retain transit ridership. 1.03 Limits on Permitted Advertising. Placing reasonable limits on Permitted Advertising displayed on its Transit Facilities will enable Chapel Hill Transit to: (a) avoid subjecting its passengers and other members of the public to material that may discourage them from using regional 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 Chapel Hill Transit buses or those individuals whose neighborhoods are served by Chapel Hill Transit bus routes; and (d) maximize revenues by attracting and maintaining the patronage of passengers. II. ADVERTISING POLICIES 2.01 Excluded Advertising. For the purposes of these policies and standards,the advertising described in this Section 2.01 is"Excluded Advertising."Chapel Hill Transit will not accept the following Excluded Advertising for display,posting or placement on or within its buses,or other Transit Facilities: (a)Alcoholic Beverages. Advertisements and images soliciting or promoting the sale or use 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 and smokeless tobacco. (c)Advertisements about Chapel Hill Transit. Advertisements and images that relate to Chapel Hill Transit and services,except public service advertisements provided by Chapel Hill Transit itself. 2.02 Permitted Advertising. Subject to the viewpoint-neutral standards contained in Section 3.01 of these policies and standards, Chapel Hill Transit will accept"Permitted Advertising"for display or placement on designated Chapel Hill Transit Facilities. For the purposes of these policies, "Permitted Advertising" is advertising that: (a) Does not qualify as Excluded Advertising under Section 2.01. (b) Generally relates to the economic interests of the advertiser and its audience. Advertising defined in Section 3.02 and 3.03 also is Permitted Advertising. 2.03 Prohibitions on Literature or Product Distribution and Leafleting. Chapel Hill Transit's purpose in operating a regional transit system is to meet the public's need for efficient, effective and safe public transportation. Chapel Hill 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 Chapel Hill Transit buses or other transit vehicles and within Chapel Hill Transit bus shelters, except for the provision of leaflets and information provided by Chapel Hill Transit itself that are related to provision of or are for the benefit of transportation-related public services or public events sponsored by the Town of Chapel Hill,the Town of Carrboro, or the University of North Carolina. III. ADVERTISING STANDARDS AND RESTRICTIONS 3.01 Advertising Standards and Restrictions. Chapel Hill Transit will make available on designate Chapel Hill Transit Facilities space for advertisements subject to the viewpoint-neutral restrictions in this Section 3.01 that limit certain forms of advertising. Advertisements cannot be displayed or maintained on Chapel Hill Transit Facilities if the advertisement or information contained in the advertisement falls within one or more of the following categories: (a) False,Misleading, or Deceptive Advertising. Advertising or any material or information in the advertising that is false,misleading or deceptive. (b) Disrespectful Advertising.Advertising or any material or information in advertising that is, or that is intended to be(or reasonably could be interpreted as being) disparaging, disreputable or disrespectful to persons, groups, businesses or organizations, including but not limited to 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, gender identity, or gender expression or sexual orientation, or any other characteristic protected under federal, state or local law. (c) Unauthorized Endorsement. Advertising that implies or declares that Chapel Hill Transit 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 Chapel Hill Transit is an official sponsor,co-sponsor or participant, provided Chapel Hill Transit's Director or other designated representative gives prior written approval regarding the endorsement. (d) Obscene Material. Advertising that contains obscene materials as defined in North Carolina General Statute Sec. 14-190.1(b), 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. (e) Offensive Materials. "Offensive materials"means displays or information that would be offensive to a reasonably prudent person of average sensitivity in the community, including advertising that contains derisive, distorted, immoral,profane or disreputable language or impressions. (f) 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. (g) 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 Chapel Hill Transit to liability. (h) Adult Entertainment. Advertising that promotes or displays images associated with adult book stores, adult video stores, nude dance clubs and other adult entertainment establishments,adult telephone services, adult internet sites and escort services. (1) Graffiti. Advertising that uses images or symbols that depict or represent graffiti. (j) Illegal Firearms and Weapons. Advertising that contains images or depictions of illegal firearms or any firearms, or the unlawful use of firearms or other weapons. (k) 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 Chapel Hill Transit Facilities. (1) Distractions and Interference. Advertising that incorporates or displays any rotating, revolving, or flashing devices or other moving parts or any word, phrase, symbol or character, any of which are likely to interfere with,mislead or distract traffic or conflict with any traffic control device or motor vehicle regulation. (m) Libelous Material. Advertising that is libelous. 3.02 Political Campaign Advertising. Advertising promoting or opposing named candidates for elective office or issues upon which a referendum is being held shall be permissible. All such advertising shall bear conspicuously a paid advertising disclaimer that shall be consistent with the requirements as outlined in Attachment A. 3.03 Other Permitted Advertising and Public Service Announcements.Chapel Hill Transit may make advertising space available for advertising proposed by governmental entities, academic institutions or tax-exempt nonprofit organizations(examples include: ads focusing on personal health or wellness issues, or ads informing the public about programs, services or events).Non- profit entities must document their tax-exempt status. On a limited basis, Chapel Hill Transit 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 group or organization requesting the public service announcement. The advertising and public service announcements permitted under this section cannot contain displays or messages that qualify as Excluded Advertising under Section 2.01 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 ATTACHMENT A POLITICAL, RELIGIOUS, OR ISSUES ADVERTISING DISCLAIMER REQUIREMENTS I. DISCLAIMER REQUIREMENTS A. Political Candidates - On an advertisement that is authorized and paid for by a candidate or his/her campaign committee, the disclaimer must identify: 1. Who paid for the message. B. Political Candidate Advertisement Paid by a Different Party - On an advertisement that is authorized by a candidate or his/her campaign committee,but is paid for by another person,the disclaimer notice must: 1. Identify who paid for the communication. 2. Indicate that the candidate authorized the message. C. Political Advertisement Not For Political Candidate—On an advertisement that is not authorized by a particular candidate or his/her campaign committee,the disclaimer notice must: 1. Identify who paid for the message. 2. State that it was not authorized by any candidate or candidate's committee. 3. List the permanent address,telephone number or world wide web address of the person who paid for the communication. D. Religious Oriented,Political Issue or Other Noncommercial Issue Ads - The disclaimer notice must: 1. Identify who paid for the message. 2. List the permanent address,telephone number or world wide web address of the person who paid for the communication.