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n•SURANCE ON FILE VVORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL LATE' A-2022-010 0•1?1AA (-) AGREEMENT BETWEEN THE CITY OF SANTA ANA AND (C'MI � FOCUS MEDIA GROUP, INC. FOR THE INSTALLATION, MAINTENANCE, REPAIR AND 9)fA ADVERTISING OF BUS SHELTERS, BUS BENCHES AND KIOSKS This Agreement is made and entered into this 181h day of January 2022 by and between Focus Media Group, Inc., an Oklahoma corporation, ("Company"), and the City of Santa Ana, a charter city and N municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Company may at times be referred to individually as a "Party," and collectively as '~ "Parties". m W L ' RECITALS A. The City desires to retain a company having special skill and knowledge in the field of 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. B. The City is authorized to enter into agreements for the installation, operation, janitorial service and maintenance of bus shelters, bus benches, and kiosks and otherwise regulate the use and encroachments into the public -right-of-way within the City's boundaries by virtue of its Charter, by its police powers, by its authority over its public rights of way and by other City powers and authority. C. Company represents that Company is able and willing to provide such services to the City and that it has the financial, legal and technical ability to provide the services, facilities and equipment as set forth in this Agreement. D. Company has agreed to comply with the applicable regulations pertaining to transit advertising services, including but not limited to applicable provisions of the City of Santa Ana Municipal Code. E. In undertaking the performance of this Agreement, Company represents that it is knowledgeable in its field and that any services performed by Company under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. F. The terms and conditions of this Agreement are reasonable to meet the future transit -related needs and interests of the community, taking into account the cost of meeting such needs and interests. G. The Parties wish to enter into an arrangement pursuant to which Company shall install, maintain, and operate advertising -supported bus stops, bus shelters and kiosks throughout the City and shall share revenue from advertising with the City. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows: Page 1 of 27