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SR-1000-001-09 BBB:SN:JS:\trans\admin\council\advcon02SR Council Meeting: May 14, 2002 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Authorize the City Manager to Terminate Agreement 7484 (CCS) with Gateway Outdoor Advertising and to Negotiate and Execute a Contract with Viacom Outdoor Group, Inc. for Transit Bus Advertising Concession INTRODUCTION This report requests that City Council authorize the City Manager to terminate Contract #7484 (CCS) with Gateway Outdoor Advertising and negotiate and execute a contract with Viacom Outdoor Group, Inc. for a five-year advertising concession on Santa Monica’s Big Blue Buses. BACKGROUND On April 27, 1999, the City Council awarded a bid for a five-year advertising concession, with three one-year renewal options, to Gateway Outdoor Advertising. In early 2001, Gateway Outdoor Advertising failed to make payments on five outstanding invoices. An amortization schedule was developed to allow Gateway to repay this debt, plus late fees, while continuing to make the guaranteed minimum monthly payments. Although Gateway initially made their payments, a late payment problem again developed. In response to growing arrearage in FY 02, the City executed the letter of credit provision of the agreement and received $1.2 million. Gateway Outdoor Advertising has not 1 made any payments since January 2002. Staff will work with the City Attorney's Office to recover the unpaid funds. Discussion On February 28, 2002, Santa Monica’s Big Blue Bus issued a Request for Proposals for advertising concession. The selected firm will sell, place, administer and manage commercial advertisements on the interiors and exteriors of the Santa Monica Big Blue Bus vehicle fleet. The Big Blue Bus mailed the advertising concession RFP to a total of 14 firms. Four firms submitted proposals as follows for the five-year period: Year Direct Media Viacom Outdoor Minority Business Gateway Outdoor Enterprises, Inc. Advertising Year 1 $1,210,000 $1,100,000 $1,025,500 $1,000,000 Year 2 1,270,000 1,200,000 1,110,500 1,100,000 Year 3 1,320,000 1,300,000 1,195,500 1,200,000 Year 4 1,400,000 1,400,000 1,285,500 1,300,000 Year 5 1,480,000 1,500,000 1,385,500 1,400,000 Total $6,680,000 $6,500,000 $6,002,500 $6,000,000 In addition to evaluating the total revenue value of the responses, due diligence was conducted on the top two firms: Direct Media and Viacom Outdoor. The results of these contacts indicated that each firm has performed their work responsibly and professionally. Both were highly recommended by current and previous clients. Both firms are also well qualified financially, with Viacom Outdoor having an advantage since it is part of a Fortune 100 company. 2 Big Blue Bus staff also interviewed the top two proposers and found both qualified to perform the duties of the agreement. Both firms would position the Big Blue Bus and our service area as a premium market for advertisers, which enhances the possibility that the City will realize revenues over and above the minimum annual guarantee. One of the advantages of being treated as a premium market for advertisers is that the Big Blue Bus in unlikely to be ignored in favor of larger clients, such as the Los Angeles County Metropolitan Transportation Authority, or the Orange County Transportation Authority. Both of these agencies are Viacom Outdoor clients. Viacom Outdoor also has a built in market of advertisers since all other Viacom affiliates must use Viacom Outdoor for any "out of home" advertising. Although both firms are headquartered on the east coast, Viacom Outdoor has an established Los Angeles office and 21 clients in Southern California. Direct Media does not have a local office or any local clients in this region. In addition, Direct Media is currently in discussions with a firm to serve as the local representative and could not reveal who the local contact would be at this time. The Direct Media proposal guarantees a total of $180,000 more over the five year term of the agreement than the Viacom Outdoor proposal, however, Viacom Outdoor will pay the total annual minimum guarantee in full at the beginning of each contract year rather than in monthly installments. This would enable the City to invest these funds and generate up to $180,000 in interest earnings over the term of the agreement. 3 For these reasons, staff recommends that the contract be awarded to Viacom Outdoor Group, Inc. Budget/Financial Impacts Appropriate revenue amount will be included in the FY 02/03 budget. Recommendation City staff recommends that the City Council: 1) Terminate the current agreement 7484 (CCS) with Gateway Outdoor Advertising; 2) Authorize the City Manager to negotiate and execute a contract with Viacom Outdoor Group, Inc. for the transit bus advertising concession. Prepared by: Stephanie Negriff, Interim Director of Transit Services Joe Stitcher, Customer Relations Manager 4