Loading...
SR 12-12-2023 5I City Council Report City Council Meeting: December 12, 2023 Agenda Item: 5.I 1 of 7 To: Mayor and City Council From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Award Contract for Managing Advertising Program in City Owned Parking Structures Recommended Action Staff recommends that the City Council: 1. Adopt a finding of categorical exemption pursuant to Section 15301 and Section 15311 of the California Environmental Quality Act (CEQA) Guidelines; 2. Award RFP# 375 to BIG Outdoor, for sales, administration, and installation and maintenance of advertising in City-owned parking structures for the Department of Transportation; and 3. Authorize the City Manager to negotiate and execute an agreement with BIG Outdoor for sales, administration, and installation and maintenance of advertising in City-owned parking structures over a five-year period, with two one-year renewal options, with guaranteed minimum revenue of $90,000 dollars in year one, and an increase of 2% per year thereafter. Summary The City of Santa Monica owns and operates 12 parking structures consisting of roughly 6,900 parking spaces in and around the downtown area. Approximately 3.9 million people park in these downtown structures per year, making the interior surfaces of these structures attractive spaces for advertising. In 2012, Downtown Santa Monica, Inc. (DTSM) managed an advertising program through Van Wagner Communications, LLC, but that program expired several years ago. The Santa Monica Department of Transportation (DOT) Parking Division plans to reinstate an advertising program in these structures and create a new revenue source for the City. Staff advertised a Request for Proposals (RFP) for a turnkey advertising program including not only 5.I Packet Pg. 349 2 of 7 posting services but also sales and program coordination provided to generate advertising revenue. A turnkey parking structure advertising program would be efficient, cost-effective, and generate significant revenue for the City. After reviewing the proposal, the evaluation team recommends BIG Outdoor to administer this parking structure advertising program. Discussion For more than 20 years, DOT’s Big Blue Bus (BBB) has overseen a revenue-generating advertising program selling commercial advertising space on the exterior and interior of Big Blue Bus fixed route vehicles. BBB is currently using a turnkey advertising program whereby the vendor Vector Media manages the program and the City takes a percentage of advertising revenue. This has proven to be a reliable and significant source of income for the City’s Big Blue Bus Fund. The proposed parking structure advertising program is being modeled after this program. The parking structure advertising program would generate a guaranteed minimum revenue to the City of $90,000 for the first year (with an increase of 2% per year for the following five years). It is estimated to bring in $450,000 for the first year (with an increase of 2% per year for the following 5 years). The first-year revenues would be reduced on a one-time basis by $50,625 to fund the capital costs to install the initial advertisements, resulting in a net estimated first-year revenue of $241,875 (Attachment A). Each year’s revenue would go to a newly created general revenue account. In addition to generating revenue for the City, the advertising program would enhance the appearance of the parking structures by having several interior advertising spaces maintained by an outside vendor. This vendor would be responsible for posting advertisements and maintaining them, including graffiti removal and repairs due to vandalism. This would assist the Parking Division’s effort to maintain the appearance of the parking structures and make repairs and enhancements as needed. 5.I Packet Pg. 350 3 of 7 All advertisements displayed in the parking structure will comply with the City’s advertisement policy (Attachment B). These guidelines restrict advertisements containing political, adult-related products, sexual subject matter, subject matter infringing on copyright data, profanity, violence, and other subject matters deemed inappropriate by the City per the policy. In July 2023, staff issued a Request for Proposals (RFP) to sell and display advertising at 57 designated locations in Parking Structures 1, 2, 4, 5, 6, 7, and 8. The RFP contained two options: Option 1 – Guaranteed Fixed Revenue, and Option 2 – Revenue Share with Minimum Guarantee. The City received one proposal from BIG Outdoor with cost proposals for Options 1 and 2 which are as follows: • Option 1 -Minimum of $200,000 in year 1 (with a 2% increase for the next 5 years). • Option 2 -Minimum guarantee of $150,000 in year 1 (with a 2% increase for the next 5 years). -65% of gross revenue minus initial capital expenses with an estimated yearly revenue of $487,500 (minus initial capital expenses) in year 1 (with a 2% increase for the next 5 years). Parking Structures 7 and 8, adjacent to Santa Monica Place mall, are owned by the City but operated by Macerich. Macerich and the City have a contract that establishes a partnership between the City and Macerich wherein Macerich shares in the operating expenses of these structures and also shares in the revenue for these structures. In the previous advertising program (administered by DTSM), Macerich received a percentage of the revenues received for advertisements in structures 7 and 8. Following the receipt of BIG Outdoor’s proposal, City staff inquired with Macerich regarding their interest in participating in this advertising program, and Macerich staff indicated that they would not like to participate initially but would support possible inclusion of structures 7 and 8 at a future date. 5.I Packet Pg. 351 4 of 7 After informing BIG Outdoor of this change (removing structures 7 and 8 and reducing the number of advertising locations from 57 to 44), Parking staff received an updated proposal from BIG Outdoor. BIG Outdoor indicated that the change would reduce projected gross revenues by 40% given that structures 7 and 8 were the largest in their original proposal, resulting in the following updated figures for Options 1 and 2: • Option 1 -Minimum of $120,000 in year 1 (with a 2% increase for the next 5 years). • Option 2 -Minimum guarantee of $90,000 in year 1 (with a 2% increase for the next 5 years). -65% of revenue share (minus initial capital costs) with an estimated yearly revenue of $241,875 ($292,500-$50,625) in year 1, $302,737.50 in year 2, then a 2% increase for each year afterwards. • Capital expenses required to complete the initial install of advertisements to be subtracted from the City’s revenues reducing the City’s first year revenues by an estimated $50,625. The contract (per the proposal) gives the City 65% of gross revenue after the initial capital expenses are deducted. This gives the City the ability to add structures 7 and 8 in the future without needing a contract modification. It also gives the City the option to add other City-owned parking structures beyond those currently contemplated if the City and BIG Outdoor agree. The BIG Outdoor proposal was evaluated by a cross-functional team of DOT staff based on criteria established in the RFP. Additionally, BIG Outdoor was interviewed by the evaluation team during the evaluation process, performing well and receiving an acceptable score. 5.I Packet Pg. 352 5 of 7 Staff recommends that the contract be awarded to BIG Outdoor as the best bidder. Staff recommends Approach 2 (Including Structures 1, 2, 4, 5, and 6) with all revenues (including the $90,000 minimum guarantee and estimated $241,875 in year one) to be deposited to the general fund revenue budget. These revenues would be directed towards the City’s top priority needs, which include deferred maintenance and improvements at City-owned parking facilities. Best and Only Proposer BIG Outdoor Submittals Received Selection Criteria Bidder BIG Outdoor Municipal Code SMMC 2.24.190 Evaluation Criteria Price and revenue generated by sales; the quality of the material or services offered; the ability, capacity and skill of the bidder to perform or provide the materials or services; the capacity of the bidder to perform the contract or provide the service promptly, within the time specified, and without delay or interference; the sufficiency of the bidder’s financial resources; the character, and integrity, reputation, judgment, training, experience and efficiency of the bidder. Bid Data Date Posted Posted On Advertise In (City Charter & SMMC) Vendors Downloaded Date Publicly Opened August 31, 2023 City’s Online Bidding Site Santa Monica Daily Press 19 October 12, 2023 5.I Packet Pg. 353 6 of 7 Additional Vendor Outreach & Justification to Award Procurement conducted additional outreach to vendors who downloaded the bid to see why they did not submit a bid but did not receive a response. Based on the evaluation criteria and criteria in SMMC 2.24.190, staff recommends BIG Outdoor (the only bidder) as the best bidder for the selling and posting of advertising for City owned parking structures. The recommendation is based on the firm’s guaranteed revenue proposal of 65% of gross revenues minus initial capital expenses, their previous experience working with other agencies creating similar advertisements in public spaces, positive references from numerous BIG Outdoor clients including Macerich, Asana Group, and Atlanta Downtown Improvement District, and its relevant staff experience. Additionally, the Big Outdoor team is technically skilled, which is highlighted by their proven track record growing advertising revenue in their partnerships with numerous other agencies. In addition, BIG Outdoor is the City selected vendor moving forward with the digital out-of-home kiosk program, so they are already a vetted City partner for a major advertising initiative. Environmental Review The advertising program is exempt from CEQA pursuant to Sections 15301 (Class 1 Existing Facilities), and Section 15311 (Accessory Structures) of the CEQA Guidelines. Section 15301 of CEQA Guidelines provides exemption for the minor alteration of existing public or private facilities involving negligible or no expansion of use. Section 15311 provides for the construction of minor accessory structures that are accessory to existing commercial, industrial, or institutional facilities including on-premise signs. The project will include advertising signage and postings on the interior surfaces of various locations in existing City owned parking structures. Therefore, the project qualifies for exemption under Sections 15301 and 15311. In addition, none of the exceptions specified in Section 15300.2 of CEQA Guidelines would apply that preclude the use of this CEQA exemption. The project site is not located in a sensitive environment, would not have a significant effect on the environment, would not damage scenic resources, would not be located on a hazardous waste site, and would not cause a change to historic resources. Therefore, this project is categorically exempt from CEQA. 5.I Packet Pg. 354 7 of 7 Financial Impacts and Budget Actions If approved, a new revenue account will be created to capture all parking advertising revenue, including the minimum guarantee of $90,000 per year. The revenues will be deposited in the General Fund in account 01600004.4XXXXX. Budget adjustments would be incorporated in the year-end budget and/or FY 2024-25 exception-based budget, as needed. Prepared By: Zach Pollard, Parking Manager Approved Forwarded to Council Attachments: A. Attachment B -City Parking Structure Ad Policy -Updated B. Attachment A - Cost and Pro Forma Data -Updated C. 23-1012_Oaks_Initiative -Signed 5.I Packet Pg. 355 ATTACHMENT B CITY OF SANTA MONICA PARKING DIVISION POLICY FOR ADVERTISEMENTS IN PARKING STRUCTURES This Parking Division adver#sing policy is intended to maintain governmental neutrality, avoid actual or perceived discrimina#on in adver#sing, respect First Amendment rights, avert harm or abuse to users of parking structures and the structures themselves, maximize adver#sing revenues, and preserve marketability of adver#sing space in Parking Structures. To achieve these purposes, the City allows all types of parking structure adver#sing, without regard to content and viewpoint, except adver#sing that contain material falling within one or more of the following categories: 1. Poli#cal campaign speech. Ads that promote or oppose the elec#on of any candidate or group of candidates for federal, state, or local government office, or any legisla#on, ini#a#ve, referendum, or ballot measure. 2. Adult related products and services, such as alcohol, firearms, and tobacco, smoking, smoking materials, including electronic smoking or “vaping.” 3. Sexual or excretory subject ma;er, and/or Harmful Ma;er as defined by the California Penal Code Sec#ons 311 or 313. 4. False, misleading, or decep#ve material. Any material that is, or the sponsor reasonably should have known is, false, fraudulent, misleading, decep#ve, or would cons#tute a tort of defama#on or invasion of privacy. 5. Material that infringes on any copyright, trade or service mark, #tle, or slogan. 6. Illegal Ac#vity. Material that promotes or encourages unlawful or illegal behavior or ac#vi#es under local, state, or federal laws. 7. Profanity or violence. Adver#sing that contains any profane language, or portrays images or descrip#ons of graphic violence, including dead, mu#lated, or disfigured human beings or animals, or inten#onal inflic#on of pain or violent ac#on towards or upon a person or animal, or that depicts weapons or devices that appear to be aimed or pointed at the viewer or observer in a menacing manner. 8. Material harmful or disrup#ve to the opera#on of the parking structures. Material so objec#onable under contemporary community standards as to be reasonably foreseeable to result in harm to, disrup#on of, or interference with the parking structure opera#on. 9. Material that conflicts with any applicable federal, state, or local law, statute, or ordinance. The City’s acceptance of an adver#sement does not cons#tute express or implied endorsement of the content of the message of the adver#sement, including any person, organiza#on, products, services, 5.I.a Packet Pg. 356 Attachment: Attachment B -City Parking Structure Ad Policy -Updated (6043 : Award Contract for Managing Advertising Program in City Owned informa#on, or viewpoints contained therein, including content that may be found via internet address or quick response (QR) codes that may appear in posted ads that direct viewers to external sources of informa#on. All third-party adver#sements appearing on City property must contain the following disclaimer, appearing in a consistent form and manner: The views and/or opinions expressed by the adver#ser are not necessarily those of the City of Santa Monica. 5.I.a Packet Pg. 357 Attachment: Attachment B -City Parking Structure Ad Policy -Updated (6043 : Award Contract for Managing Advertising Program in City Owned 6 COST PROPOSAL 21 5.I.b Packet Pg. 358 Attachment: Attachment A - Cost and Pro Forma Data -Updated (6043 : Award Contract for CONFIDENTIAL INFORMATION COST PROPOSAL Plan for ongoing management of advertising sales: BIG would implement a dedicated sales approach to deliver maximum value to the Santa Monica Parking Structure Advertising platform. The wealth of experience BIG Outdoor brings to this network will ensure high-quality advertisers and content to be displayed on the network. Using our key agency relationships and current experience in media sales in Santa Monica, BIG is confident in the value of this program. It would not only bring value to advertisers and the City of Santa Monica, but also positively impact local businesses in the downtown SM area. BIG OUTDOOR’S FINANCIAL OFFER: •Approach 1: Guaranteed Fixed Revenue •Provide cost based on 44 locations and detail how price changes with the addition of subtraction of locations. BIG Outdoor to offer the City of Santa Monica a minimum annual guarantee in the amount of $120,000 in Year 1 of the program assuming 44 static signage locations. With additional locations added, BIG Outdoor will provide the city with an updated revenue projection based on approved set of locations and proportionally increase guaranteed rent. •Approach 2: Revenue Share with Minimum Guarantee, whichever is greater. •Revenue share to Parking Administration shall be at least 65% of revenue. BIG Outdoor to offer the City of Santa Monica the greater of 65% of gross advertising revenue and a minimum annual guarantee (MAG) rent in the amount of $90,000 in Year 1 of the program. MAG rent to escalate by 2% every year. During recoupment of BIG Outdoor’s initial capital investment, the city to receive 20% of gross revenue until full recoupment. 23 Projected Advertising Sales Rate & Revenue Projections: BIG Outdoor projects gross annual revenue projections in year 1 @ $450,000 w/ 2% growth each year over the life of the term. Based on these projections and proposal Approach 2, the city’s share of gross revenue shares in year 1 at 65% share would be $292,500 (before recoupment of initial capital investment made by BIG Outdoor). Capital Expenditures to build-out and maintain the static displays The capital expenditures associated with building out new structural systems for the larger static displays (i.e. 10 x 22 & 10 x 40) in the parking garages are estimated at a total of $90,000. We have also allotted additional capital for engineering, permitting and other requirements we may encounter. Capital Expenses incurred by BIG Outdoor to be recouped by taking a larger revenue share of 80% until recouped (As detailed in Approach 2). For maintenance costs related to the displays, we estimate on average each of the displays will require approximately $750 per year in general maintenance. BIG Outdoor to assume all maintenance costs during life of agreement term and will NOT be taken out of city’s revenue share (Only initial capital expenses to be recouped). BIG Outdoor acknowledges that the City is a public entity subject to the provisions of the Public Records Act and respectfully requests that, except as required by law, the City will not disclose the information marked confidential as trade secrets or proprietary financial information received from BIG Outdoor. 5.I.b Packet Pg. 359 Attachment: Attachment A - Cost and Pro Forma Data -Updated (6043 : Award Contract for 6 COST PROPOSAL 21 P&L and DCF Santa Monica Parking Garages - Static Displays (INCLUDING P7 & P8) Revenue Growth Rate:3.5%BIG 80%BIG 35% Marginal Expense Growth Rate:3.0%OWNER 20%OWNER 65%Estimated Development Costs 150,000.0 Promotional LED Signage Platform 750,000.0 Minimum Annual Guarantee Rent:150,000.0 Total Development Cost 150,000.0 Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr 7 Yr 8 Yr 9 Yr 10 TOTALS SM Parking Garages - Static Displays Growth %3.5%3.5%3.5%3.5%3.5%3.5%3.5%3.5%3.5% Media Revenue 750,000.0 776,250.0 803,418.8 831,538.4 860,642.3 890,764.7 921,941.5 954,209.4 987,606.8 1,022,173.0 Total Gross Revenue 750,000.0$ 776,250.0$ 803,418.8$ 831,538.4$ 860,642.3$ 890,764.7$ 921,941.5$ 954,209.4$ 987,606.8$ 1,022,173.0$ 8,798,544.9$ Net Media Revenue 750,000.0$ 776,250.0$ 803,418.8$ 831,538.4$ 860,642.3$ 890,764.7$ 921,941.5$ 954,209.4$ 987,606.8$ 1,022,173.0$ 8,798,544.9$ Revenue Shares Pre-Recoup Revenue Share (CITY OF SM)37,500.0$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Revenue Shares Post-Recoup Revenue Share (CITY OF SM)365,625.0$ 504,562.5$ 522,222.2$ 540,500.0$ 559,417.5$ 578,997.1$ 599,262.0$ 620,236.1$ 641,944.4$ 664,412.5$ Post-Recoup Minimum Annual Guarantee (MAG)150,000.0$ 153,000.0$ 156,060.0$ 159,181.2$ 162,364.8$ 165,612.1$ 168,924.4$ 172,302.9$ 175,748.9$ 179,263.9$ 1,642,458.1$ MAG Escalation %2%2%2%2%2%2%2%2%2% Total Annual Revenue Shares CITY OF SANTA MONICA 403,125.0$ 504,562.5$ 522,222.2$ 540,500.0$ 559,417.5$ 578,997.1$ 599,262.0$ 620,236.1$ 641,944.4$ 664,412.5$ 5,634,679.2$ Economic Assumptions Pre-Recoup Share Post-Recoup Share Big Outdoor's Projected Capital Expenditures PRO FORMA / INCLUDING P7 & P8 5.I.b Packet Pg. 360 Attachment: Attachment A - Cost and Pro Forma Data -Updated (6043 : Award Contract for 6 COST PROPOSAL 21 P&L and DCF Santa Monica Parking Garages - Static Displays (EXCLUDING P7 & P8) Revenue Growth Rate:3.5%BIG 80%BIG 35% Marginal Expense Growth Rate:3.0%OWNER 20%OWNER 65%Estimated Development Costs 90,000.0 Promotional LED Signage Platform 450,000.0 Minimum Annual Guarantee Rent:90,000.0 Total Development Cost 90,000.0 Yr 1 Yr 2 Yr 3 Yr 4 Yr 5 Yr 6 Yr 7 Yr 8 Yr 9 Yr 10 TOTALS SM Parking Garages - Static Displays Growth %3.5%3.5%3.5%3.5%3.5%3.5%3.5%3.5%3.5% Media Revenue 450,000.0 465,750.0 482,051.3 498,923.0 516,385.4 534,458.8 553,164.9 572,525.7 592,564.1 613,303.8 Total Gross Revenue 450,000.0$ 465,750.0$ 482,051.3$ 498,923.0$ 516,385.4$ 534,458.8$ 553,164.9$ 572,525.7$ 592,564.1$ 613,303.8$ 5,279,126.9$ Net Media Revenue 450,000.0$ 465,750.0$ 482,051.3$ 498,923.0$ 516,385.4$ 534,458.8$ 553,164.9$ 572,525.7$ 592,564.1$ 613,303.8$ 5,279,126.9$ Revenue Shares Pre-Recoup Revenue Share (CITY OF SM)22,500.0$ -$ -$ -$ -$ -$ -$ -$ -$ -$ Revenue Shares Post-Recoup Revenue Share (CITY OF SM)219,375.0$ 302,737.5$ 313,333.3$ 324,300.0$ 335,650.5$ 347,398.2$ 359,557.2$ 372,141.7$ 385,166.6$ 398,647.5$ Post-Recoup Minimum Annual Guarantee (MAG)90,000.0$ 91,800.0$ 93,636.0$ 95,508.7$ 97,418.9$ 99,367.3$ 101,354.6$ 103,381.7$ 105,449.3$ 107,558.3$ 985,474.9$ MAG Escalation %2%2%2%2%2%2%2%2%2% Total Annual Revenue Shares CITY OF SANTA MONICA 241,875.0$ 302,737.5$ 313,333.3$ 324,300.0$ 335,650.5$ 347,398.2$ 359,557.2$ 372,141.7$ 385,166.6$ 398,647.5$ 3,380,807.5$ Economic Assumptions Pre-Recoup Share Post-Recoup Share Big Outdoor's Projected Capital Expenditures PRO FORMA / EXCLUDING P7 & P8 5.I.b Packet Pg. 361 Attachment: Attachment A - Cost and Pro Forma Data -Updated (6043 : Award Contract for 5.I.c Packet Pg. 362 Attachment: 23-1012_Oaks_Initiative -Signed (6043 : Award Contract for Managing Advertising Program in City Owned Parking Structures)