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The Section 5311 Program provides funding assistance to rural communities who wish to provide general public transit services to residents. Operating a general public transportation program requires local support from the sponsoring public agency and many sectors of the community. The Arizona Department of Transportation (ADOT) holds the City of Maricopa responsible for garnering support from a broad number of stakeholders, including the local government and business community (employers, the retail sector, and the medical sector). Local financial support is also needed for an effective transit system. The ADOT 5311 2009-2010 Handbook states that local support may include: state or local appropriations, dedicated tax revenues, private donations, or net income generated from advertising and concessions. The City recognizes that there are opportunities to obtain additional revenues to support the MaricopaXPRESS program and services through the sale of advertisements on transit buses.

Purpose of Policy

The purpose of this policy is to provide guidelines and define uniform standards for the display of advertising on transit buses. This policy is intended to be an objective and enforceable standard for advertising.

Definitions

In the contract and policy, "Display" means a communication that promotes or offers goods or services.

Advertising Approval and Prohibition

The City of Maricopa will reserve the right to approve all advertising, exhibit material, announcements, or any other display for goods or services on the MaricopaXPRESS vehicles.

It prohibits advertisement that is:

1. Explicit, false, illegal, misleading or the use of deceptive tactics or actions
2. Clearly defamatory or ridicule of a person or group of persons based on gender, sexual orientation, religion, race, ethnicity, or political affiliation
3. Obscene or pornographic, sexual activity; or manufacturer thereof
4. An advocate of imminent lawlessness or violent behavior or containing criminal or violent content
5. Promoting alcohol, firearms or tobacco related products
6. Promoting religious beliefs or interests
7. Promoting political campaigns or political issues
8. The space on the back of each vehicle shall be reserved for use by the City of Maricopa as its sole discretion

Should the City of Maricopa receive negative publicity or complaints regarding any advertisement, it reserves the right to terminate the advertising contract. If an advertising contract is terminated early at the City's request, the City will refund all contract fees paid minus the cost of removing the graphic application. Reasonable proof or clarification of statements contained in any advertisement, exhibit material, announcement or any other display may be required by the City of Maricopa before approval. Advertiser shall indemnify and hold the City of Maricopa and/or MaricopaXPRESS harmless against any liability to which they may be subjected by reason of the advertising material displaying on the MaricopaXPRESS, including, but not limited to, liability for infringement of trademarks, trade names, copyrights, invasion of right of privacy, defamation, illegal competition or trade practices, as well as reasonable costs, including attorney's fee, in defending any such action or actions.

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