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HomeMy WebLinkAbout2017-393 Health - Chapel Hill Transit for transit advertising 'Please return this copy to the Clerk to the Board's office for permanent agenda file. 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 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 three (3) King signs and a full run of interior cards for three (3) 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 $2,409.00 net plus install and 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. Insurance Provisions: The Town requires evidence of Advertiser's current valid insurance (if applicable) during the duration of this Contract. 6. Voluntary Agreement Not to Discriminate: The Contractor contractually agrees to administer all functions pursuant to this Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. 7. Federal and State Legal Compliance: The Advertiser must be in full compliance with all federal and state laws, including those on immigration. 8. Amendment: This Agreement may be amended in writing by mutual agreement of the Town and Advertiser. 9. Intep2retationNenue: This Contract shall be construed and enforced under the laws of North Carolina. The courts and the authorities of the State of North Carolina shall have Small Service Contract Format Revised 9/2016 Page 1 of 3 exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. 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. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2)waiver of a trial by jury. 10. 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. 11. 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. 12. Assiunment: This Contract shall not be assigned without the prior written consent of the parties. 13. 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. 14. Iran Divestment Act Certification: Pursuant to § 147-86.59(a)of the Iran Divestment Act ("Act"), Contractor hereby certifies that, as of the date of this Contract,Contractor is not identified in either the Final Divestment List("List")or Iran Parent and Subsidiary Guidance("Guidance")created and maintained by the North Carolina State Treasurer ("Treasurer") as published on the Treasurer's website currently located at https•//www nctreasurer com/inside-the-department/ONnGovemment/Pages/Iran- Divestment-Act-Resources.asux.Further,in compliance with § 147-86.59(b)of said Act, Contractor certifies that it will not utilize in performing this Contract any subcontractor identified in the List or Guidance. This provision applies only to contracts for which the total amount,including sales tax,is$1,000 or more." 15. Term: This Contract, unless amended as provided herein, shall be in effect until December 31, 2018. Small Service Contract Format Revised 912016 Page 2 of 3 This Contract is between the Town of Chapel Hill and ORANGE COUNTY HEALTH DEPARTMENT for�advertising on Town Transit vehicles. This contract is for three (3) King signs and a full run of Interior Ad Cards for three (3)months. IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names. ORANGE COUNTY HEALTH DEPARTMENT SIGNATURE PRINTED NAME & TITLE w_P 0_;3�Dl S' 0.�L 3a4 `rn 4 sS;A S_ -Oi.s n ' C ec. W PRINTED NAME & TITLE TOWN OF CHAPEL HIL DEPARTMENT HEAD O A 3rian Litchfield,Transit Director PRINTED NAME & DEPARTMENT ATTEST B CLERK: i TOWN CLERK TOWN SEAL Town Clerk attests date this the 0" day of Approved as to Form and Authorization TOW14 LEGAL STAFF This instrument-h e n pre-audited in the manner required by the Local Government Budget and F'sca on Ac . N /17 FINA CE OFFICER DATE Small Service Contract Format Revised 9/2016 Page 3 of 3 Chopel Hill Exhibit A 2017 - 18 Order for Transit Advertising Please accept this order for advertising on Chapel Hill Transit buses: King Panels: 3 buses x 3 months =$ 1,980.00 Queen Panels: buses X--months =$ Rear Panels: buses x months =$ Bus Wraps: buses x months =$ Interior Ad Cards: 99 buses x 3 months =$ 429.00 Advertiser agrees to pay the sum of$ 2,409 divided by three (3) months and payable at the first of each month during the term of this contract, plus production costs. Total Amount of Contract: $ 2.409.00 Production Costs: $ *paid to installer Total Contract: $ 2.409.00 ** Production and Install costs are separate. Paid directly to the vendor. Product or service to be advertised: ORANGE COUNTY HEALTH DEPARTMENT This order is signed and accepted subject to the terms and conditions printed on the reverse side thereof. ADVERTISER: By: Date: �"� / Chapel Hill Transit U'""' By: Date: t . Advertising Terms and Conditions 1. The advertiser shall at its expense furnish the proper number of signs required to fulfill the contract.Signs must be delivered to Chapel Hill Transit in no less than seven (7) days prior to the date for posting.The Advertiser is responsible for all production expenses and shipping charges. Chapel Hill Transit will have all signs posted on the beginning date of the contract and removed on the last date of the contract. 2. The character, design,text and illustrations on the advertising copy and the material used are subject to approval by Chapel Hill Transit and shall not infringe on any copyright,trade or service mark, title or slogan. In the event copy is rejected, Advertiser shall be responsible for providing an acceptable replacement or may appeal by filing a written request with the Transit Director within ten (10) business days after the rejection or removal decision. 3. Advertiser shall indemnify, defend and save harmless Chapel Hill Transit against any liability to which they may be subjected by reason of the advertising material displayed under this Contract, including but not limited to, liability for infringement of trademarks, trade names, copyrights, invasion of rights of privacy, defamation, illegal competition or trade practices, as well as all reasonable costs, including attorney's fees and expenses, in defending any such action or actions. 4. Chapel Hill Transit and the Advertiser accept this Contract subject to all state laws and regulations with respect to the advertising matter to be displayed. In the event such advertising becomes illegal or a request is received to terminate the advertising,Chapel Hill Transit reserves the right to terminate same, subject to the advertiser's appeal rights as outlined in Chapel Hill Transit's advertising policy, but there shall be no short rate charge in the event such termination becomes final. 5. Loss of service due to strike, lockout,flood,fire, riot, loss of right to display in or on Chapel Hill Transit equipment for reasons beyond the control of Chapel Hill Transit, or delay in commencing service shall not constitute a breach of this order; but in the event of such loss of service,the Advertiser shall be entitled to additional service,or extension of the term of service,or to a refund equivalent to such loss. 6. Chapel Hill Transit reserves the right to cancel this Contract 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 of the conditions herein named; and upon such cancellation, all payments for advertising or other charges under this Contract, and unpaid, shall become immediately due and payable. Chapel Hill Transit at its option may elect not to terminate this Contract, but consider the entire balance of payments to be made under this Contract accelerated and immediately due and payable. 7. Advertiser grants Chapel Hill Transit permission to promote Chapel Hill Transit's own business through the use of Advertiser's cards, posters or displays in any manner whatsoever. 8. This Contract shall not be binding on either party until artwork and Contract is accepted by an officer of Chapel Hill Transit and upon acceptance this Contract shall be binding between the parties. 9. In the event the advertiser becomes a subject of any petition in bankruptcy or receivership, either voluntary or involuntary, or in the event of assignment for the benefit of creditors, the advertising company shall have the right to cancel this contract immediately. Whether under these circumstances or other circumstances, the advertiser agrees to pay reasonable attorneys' fees and other reasonable costs incurred in the collection of any past due balances of this contract. 10. This contract obligates the Advertiser to pay in advance of service. A delinquent charge of 1-1/2% per month (18% per annum) will be added to each month's billing not paid within 60 days of billing month. 11. All rates and adjustments are computed on the basis of thirty (30) days to the month. 12. Chapel Hill Transit shall not be held responsible for unused signs not called for by the Advertiser within ten (10) days after expiration of the Contract. If no notice is given, Chapel Hill Transit may dispose of such materials. 13. Chapel Hill Transit will not display any advertisements that fall into the categories detailed below. No advertisement posted on Chapel Hill Transit shall be in conflict with the following terms: A. Alcoholic Beverages. Chapel Hill Transit will not accept advertisements and images soliciting or promoting the sale or use of alcoholic beverages. B. Tobacco Products. Chapel Hill Transit will not accept 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 Affecting Image or Operation. Chapel Hill Transit will not accept advertisements and images that threaten or adversely affect: the public image of Chapel Hill Transit; Chapel Hill Transit's ability to operate its Transit Facilities; or Chapel Hill Transit's ability to attract and maintain the patronage of passengers. D. False, Misleading,Deceptive 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,sexual orientation, or any other characteristic protected under federal,state or local law. E. 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, cosponsor or participant, provided Chapel Hill Transit's Director or other designated representative gives prior written approval regarding the endorsement. F. Obscene or Offensive 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. G. 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. H. 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. I. 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. J. Graffiti.Advertising that uses images or symbols that depict or represent graffiti. K. Illegal Firearms and Weapons. Advertising that contains images or depictions of illegal firearms or other weapons, or the unlawful use of firearms or other weapons. L. 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. M. 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. 14. Chapel Hill Transit has the following DISCLAIMER REQUIREMENTS for the types of advertisements listed below. The Disclaimer must be placed on advertisements and be legible 5 ft. from advertisement. A. Political Candidates. On an advertisement that is authorized and paid for by a candidate or his/her campaign committee,the disclaimer must identify: ;olitical Who paid for the message. B. 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: • Identify who paid for the communication. • 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: • Identify who paid for the message. • State that is was not authorized by any candidate or candidate's committee. • 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 Non-Commercial Issue Ads.The disclaimer notice must: • Identify who paid for the message. • List the permanent address, telephone number or World Wide Web address of the person who paid for the communication. 15. Chapel Hill Transit is an equal opportunity employer. 16. As used in this Contract the term "Advertiser" shall include Advertising Agency, or any other agent or licensee of Advertiser, as well as the Advertiser. 17. This contract is not assignable by the advertiser. 18. This contract is non-cancellable unless otherwise noted. 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 CRT'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. (i) 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) InternetAddresses 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 identify the sponsor of the advertisement or the message and,if paid,shall bear conspicuously a paid advertising disclaimer that shall be consistent with the requirements as outlined in Attachment A. 3.04 Space Availability.Chapel Hill Transit 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 Chapel Hill Transit Facilities designated by Chapel Hill Transit.No advertising,signs and other types of postings or messages may be displayed,posted or placed on any other Chapel Hill Transit Facilities. 3.05 Agency Disclaimer. Chapel Hill Transit shall post at conspicuous locations appropriate disclaimers to advise riders that the views expressed in advertising are not endorsed by the Town of Chapel Hill or Chapel Hill Transit. 3.06 Reservation of Rights.Chapel Hill Transit reserves the right to amend these policies and standards at any tune. Subject to any contractual obligations,Chapel Hill Transit reserves the right to discontinue advertising on Chapel Hill Transit Facilities and discontinue accepting advertising for display or posting on Chapel Hill Transit Facilities. Chapel Hill Transit 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. IV. APPEAL OF ADVERTISING DECISIONS 4.01 Initial Reviews.Chapel Hill Transit's Advertising Manager will consult with legal staff for the Town and will make initial decisions about accepting or rejecting proposed advertising.The decisions will be based on these policies and standards.Chapel Hill Transit's Advertising Manager,or other designated Chapel Hill Transit staff,will work with advertisers to resolve issues about advertisements that do not comply with these policies and procedures.Resolution may include modification of the art,copy,or both. 4.02 Appeals to Transit Director.An advertiser may appeal a decision to reject or remove an advertisement by filing a written request with the Transit Director within ten(10)business days after the rejection or removal decision.The advertiser's request must state why the advertiser disagrees with the decision in light of Chapel Hill Transit's advertising policies and standards. The Transit Director shall consult with the Town legal counsel. The Director will review the basis for the rejected or removed advertisement and will consider the advertiser's reasons for filing the request. The Transit Director will make a decision on the request and will notify the advertiser of its decision in writing within fifteen(15)business days after receiving the advertiser's request. 4.03 Further Review by Town Manager.The Town Manager may review Transit Director's decisions. 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.