HomeMy WebLinkAboutFOCUS MEDIA GROUP, INC. (2)INSURANCE ON FILE
WORK MAY PROCEED
UNTIL INSURANCE EXPIRES
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CITYATE D'TtB 18 2025
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A-2025-011
THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 4,
2025, by and between Focus Media Group, Inc. ("Company') and the City of Santa Ana, a charter
city and municipal corporation organized and existing under the Constitution and laws of the State
of California ("City").
RECITALS
A. On January 18, 2022, the Parties entered into Agreement #A-2022-010, by which
Company agreed to provide services related to selling advertising through out -of -home
media assets — specifically, street furniture, and the installation, maintenance, janitorial
services and operation of advertising -supported bus shelters, bus benches and kiosks. The
Agreement is active and has a ten-year initial term.
B. Certain sections of the Agreement discuss the content of advertisements and procedures
under which such content may be restricted. It has come to the Parties' attention that
portions of these policies may be overly vague or otherwise untenable in practice.
C. The Parties now wish to amend the Agreement to clarify the scope and procedure of the
"unacceptable content" policies contained therein. No other changes are contemplated by
this First Amendment.
The Parties therefore agree:
Exhibit "A", subsection "Advertising Standards" is hereby amended, and replaced with
the following:
Advertising Standards
a. Bus shelter advertising shall be limited to one two-sided, back-to-back, backlit ad
panel per shelter. Alternative advertising panel designs as required on a site by -site
basis will require prior approval by the City. Any proposed advertising to be located
on the shelter ad panels shall not:
1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or
direct vehicular traffic.
2. Be comprised of rotating, revolving, or flashing lighting devises.
3. Promotes alcohol, cannabis and/or tobacco products of any kind within
1,000 feet of any school.
4. Contains "off -site business identification signs." For the purpose of this
Agreement, 'off -site identification signs" are defined as ad panels that give
specific direction to an advertiser's place of business other than the site's
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address.
b. Company shall not accept ads or run ads in the Advertising Inventory with content
that is deemed unacceptable by the City in accordance with Exhibit D.
c. The City may make a demand to Company for the removal of any advertisement,
commercial or noncommercial, which does not conform to this policy. Such demand shall
be in writing and shall state the reasonable grounds for the demand. Company agrees to
remove said advertising within twenty -hour (24) hours of demand by the City.
2. Exhibit "D" is hereby amended, and replaced with the following:
UNACCEPTABLE CONTENT
Company shall not accept or run advertising on the Advertising Inventory that contains
Unacceptable Content, as determined by the City. Unacceptable Content includes but is not
limited to the following:
• Is lewd, profane, obscene, or indecent, as defined generally under California Pena/ Code
sections 311 and 313, including any content that is violent or pornographic, explicit violent
or sexual material, or depictions of violent or sexual acts;
• Contains gruesome, graphic, or disgusting accounts or imagery;
• Promotes the sale of products that are designed to explode and could cause damage to
nearby people or property;
• Promotes the sale of firearms or sporting or recreational guns that can cause serious harm
if misused, or that appear to be real guns;
• Promotes the sale of other weapons that are designed or promoted as products that can
be used to injure an opponent in sport, self-defense, or combat;
• Is unlawful or that could facilitate the violation of any applicable law, regulation or
governmental rule or guidance;
• Offers or disseminates any fraudulent goods, services, schemes or promotions;
• Demeaning or disparaging matter - Contains images, copy or concepts that actively
denigrate, demean or disparage any individual or group;
• Promotes the sale and use of tobacco and tobacco -related products. Tobacco means: (1)
any product containing, made, or derived from tobacco or nicotine that is intended for
human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes,
cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (2) any electronic device
that delivers nicotine or other substances to the Person inhaling from the device, including,
but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic
hookah;
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• Promotes the sale and use of cannabis or cannabis product, medicinal/medical cannabis,
or commercial cannabis activity and business as defined in Santa Ana Municipal Code
Section 40-2;
• Promotes products or services marketed as facilitating recreational drug use;
• Is libelous, defamatory, knowingly false or misrepresented an individual, company or
entity;
• Infringes upon the intellectual property rights of any third party, including copyrights,
trademarks, trade names, trade secrets, or patents of such third party;
• Unsafe transit behavior — Containsimages,copyorconceptsthatdepictunsafebehaviors
aboard buses or trains, or in or around transit stations or railroad tracks,
3. Except as modified by this First Amendment, all terms and conditions of the Agreement
shall remain in full force and effect.
[signature page to fol low]
Page 3 of 4
ATTEST
�"j%►ai,�� v
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
w
KYLE NELLESEN
Assistant City Attorney
RECOMMENDED FOR APPROVAL
�I
�-t=_-_� \)g 2a
NABIL SABA
Executive Director
Public Works Agency
CITY OF SANTA ANA
ALVARO NUNEZ
City Manager
FOCUS MEDIA GROUP, INC.
LIZ GAYFORD
President and CEO
Page 4 of 4
Orozco, Maria
Subject:
FW: Internal Notice of Compliance
From: City of Santa Ana <certificate-reguest@ctrax.ididata corn>
Sent: Wednesday, April 24, 202410:53 AM
To: rnculver@focusmediaCroupinc corn; Kindig, Christy <ckindiP@santa-ana.ora>; ConstructionContracts
<ConstructionContracts@santa-ana.orK>; Martinez, Stephanie <SMartinezl0@santa-ana.ore>
Subject: Internal Notice of Compliance
Attention: I his email originated from oulSid, of City of Santa Aw Use caution when opening cttachments or
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THI5 PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor Focus Media Group Inc
Name:
Project A-2023.048
Number:
Project Agreement Between The City Of Santa Ana And Focus Media Group, Inc. For
Name: The Maintenance of Bus Shelters and Other Street Furniture
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance
requirements.
The compliant coverage(s) are:
TYPE OF INSURANCE POLICY NUMBER EXPIRATION
C01 DATE FILE NAME
DATE
24-25 City of
AUTOMOBILE LIABILITY BAD40000080325 05/19/2025
04/19/2024 Santa Ana -Focus
Media Group
Inc.pdf
24-25 City of
GENERAL LIABILITY 94034610293 05/19/2025
04/19/2024 Santa Ana -Focus
Media Group
Inc.pdf
24-25 City of
WORKERS COMPENSATION AND EMPLOYERS' SWC1486754 04/21/2025 04/19/2024 Santa Ana -Focus
LIABILITY Media Group
Inc.pdf
No further action is required at this time