2025-26 SunLine Transit Agency - Bus SheltersAGREEMENT BETWEEN CITY OF CITY OF LA QUINTA AND SUNLINE TRANSIT
AGENCY CONCERNING ADVERTISING INSTALLATION AND MAINTENANCE
RELATED TO BUS SHELTERS
This Agreement is made and entered into this 1st day of July, 2025, by and
between SunLine Transit Agency ("SunLine"), a California joint powers authority and the
City of La Quinta ("City"), a California municipal corporation.
SunLine is a government entity composed of and represented by the County of
Riverside and the cities of Desert Hot Springs, Palm Springs, Cathedral City, Rancho
Mirage, Palm Desert, Indian Wells, La Quinta, Indio, and Coachella. The Board of
Directors of SunLine is composed of one elected official from each of its member entities.
SunLine is the public transit provider for the City which enables both its citizens
and visitors to enjoy a safe, reliable, nonpolluting mode of public transportation. SunLine's
installation and maintenance of bus shelters in the City provides great benefit to citizens
and visitors alike by providing clean sheltered places for travelers to wait for public
transportation services. The placement of shelters within the City also provides an
amenity of great benefit to the elderly and to senior citizens within the City.
SunLine owns certain advertising bus shelters within the City and wishes to provide
for continued advertising in such shelters.
Revenue from advertising enables SunLine to install new additional shelters as a
transit amenity at no cost to the public. Advertising revenue also pays for maintenance of
shelters and for additional transit services at no cost to the public.
SunLine and City are now desirous of entering into an agreement with regard to
the placement of present and future shelters and to provide for continued advertising in
such shelters.
NOW, THEREFORE, the parties hereto agree as follows:
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1.01 City hereby grants SunLine the exclusive right to place advertising
associated with bus shelters placed by SunLine within the public right of way within the
City's jurisdiction. In exercising the exclusive right granted under this Agreement, SunLine
shall ensure that the following standards and requirements are met:
(a) Shelter designs meet and comply with all applicable SunLine design
requirements and City building codes, zoning ordinances, vehicular code ordinances and
regulations, and all other applicable City resolutions, ordinances and codes;
(b) All City design criteria and approvals have been obtained; and,
(c) Adequate easements, encroachment permits, licenses, and/or rights -of -
way have been obtained.
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FY26 Bus Shelter Agreement 1 La Quinta
1.02 The City shall waive all permit and/or license fees imposed by or on behalf
of the City that may pertain to SunLine's installation and operation of the bus shelters
within its jurisdiction.
1.03 Inconsideration for the grant of the exclusive rights referred to in paragraph
1.01 above, SunLine shall continue to clean and maintain all bus shelters as well as the
area within a 25-foot radius of each shelter including emptying trash and separating
recyclable items from collected trash. In addition, SunLine will remove or cause the
removal of all graffiti appearing on any shelter within the City in an expeditious manner.
1.04 In the event that the City has any problems or questions related to
advertising placed on the bus shelters within its jurisdiction, it shall contact SunLine. In
any such case, SunLine shall endeavor to secure a prompt resolution of any issue within
its legal power to resolve. City acknowledges and recognizes that certain limits may arise
in connection with SunLine's ability to regulate the content of advertising, particularly
those limits arising under the First Amendment to the United States Constitution and the
California Constitution. Within such limits, SunLine will endeavor to correct or address
any problem that the City might have with advertising placed in bus shelters within its
jurisdiction in an expeditious manner.
1.05 SunLine will place and install City provided advertisements for City
sponsored events, programs and City sponsored agencies on available bus shelter
advertising space not occupied by a revenue generating advertisement within that City's
city limits.
(a) Any advertising produced and provided by the City shall comply with
SunLine's Advertising Policy attached in Exhibit "A" — SunLine Advertising Policy.
(b) SunLine reserves the right to relocate any City sponsored advertisement to
another location if a revenue generating advertisement has requested the same location
as the City advertisement.
COMPENSATION
2.01 In lieu of payment for revenue generating advertisements, SunLine will
place and install City provided advertisements for City sponsored events, programs and
City sponsored agencies on available bus shelter advertising space not occupied by a
revenue generating advertisement within that City's city limits.
DURATION
3.01 The term of this Agreement shall be for a period of one (1) year commencing
on July 1, 2025.
3.02 Either party may terminate this agreement upon thirty (30) days written
notice to the other party. In the event this Agreement is terminated, the City may require
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SunLine to remove any or all paid advertisements from SunLine bus shelters within the
City after the expiration or termination of any contracts between SunLine and third parties
for such advertisements. All SunLine bus shelters that were installed with appropriate City
permits and approvals shall be allowed to remain in place despite the termination of this
Agreement.
IV.
INSURANCE
4.01 SunLine shall ensure the full repair or replacement of all shelters in the City
as well as required appurtenances thereto during the entire term of this Agreement and
any extensions thereof.
V.
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5.01 It is SunLine's intent to illuminate all shelters during hours of darkness
whenever possible and SunLine agrees to utilize its best efforts to accomplish
illumination. However, the City acknowledges that illumination is not always feasible and
agrees that SunLine is excused from providing illumination in such cases. SunLine and
the City shall jointly approve the placement of any vending machines in any shelter in the
City. No vending machine will be placed without the approval of both City and SunLine.
5.02 SunLine shall, upon at least 30 days' written notice, provide for the
relocation or removal of any shelter at any time the City requires use of the right of way
upon which any shelter is situated, whether for street or sidewalk realignment, street,
highway, or utility line repairs, or for any other lawful purpose, and whether such removal
or relocation is temporary or permanent. Upon a determination by the City that urgency
dictates removal in a shorter period of time, SunLine shall act within ten (10) days to
cause removal of the shelter if reasonably feasible.
5.03 City shall ensure that the cost of removal or relocation of shelters within the
right of way is included in the budget of projects where such removal or relocation is
required. In any case where the cost is included, SunLine shall be reimbursed for
relocation or removal costs referenced in paragraph 5.02. In any case where the cost has
not been budgeted, SunLine and the City shall negotiate and endeavor to agree upon an
arrangement to share in the cost of removal or replacement of any shelter as provided
under paragraph 5.02.
5.04 The City reserves the right to require conformity with design review
standards, including site plan review showing actual physical locations with setbacks,
sidewalk space remaining, adequate distances from corners and from driveways. All such
features must be satisfactory to the City and to SunLine and shall be in compliance with
the Americans with Disabilities Act ("ADA") and with Federal Transit Administration
("FTA") requirements. SunLine shall provide an adequate cement pad under shelters.
Within the limits imposed by the FTA and the ADA, the City shall have the right to approve
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FY26 Bus Shelter Agreement 3 La Quinta
or deny approval to any particular design as to its specific site plan and location, including
the right to specify a particular design for a specific location.
5.05 The parties acknowledge and agree that ADA and FTA requirements as to
the configuration and approach to newly installed bus shelters may be extremely costly,
depending upon the existing condition of the planned location and the adjoining or existing
access features. In the event that the City requests placement of a bus shelter in an area
that requires substantial expenditures in order to comply with the ADA and with FTA
requirements, the City will be requested by SunLine to bear all or a major portion of the
costs of installation. The parties shall cooperate in placement of shelters and in the
negotiation of costs required to accommodate ADA and with FTA requirements.
VI.
MISCELLANEOUS PROVISIONS
6.01 Attorneys' Fees
In any dispute between the parties resulting in litigation, the prevailing party shall
be entitled to recover from the other party all reasonable costs, including, without
limitation, reasonable attorneys' fees. "Prevailing party" shall include, without limitation, a
party which dismisses an action for recovery in exchange for sums allegedly due, or in
exchange for performance for covenants allegedly breached, or in exchange for
considerations substantially equal to the relief sought in the action, or which receives, in
connection with any dispute, performance from the other party substantially equivalent to
any of these.
6.02 Entire Agreement
This Agreement contains the entire agreement of the parties relating to the rights
granted and the obligations assumed herein. Any oral representations or modifications
concerning this instrument shall have no force or effect unless contained in a subsequent
written modification signed by the parties.
6.03 Indemnity
SunLine shall indemnify, defend, and hold harmless the City, and its elected
officials, officers, employees, agents, and representatives, against all liability, demands,
claims, costs, losses, damages, recoveries, settlements, and expenses (including
interest, penalties, attorney fees, expert witness fees, costs, and expenses) incurred by
the City, known or unknown, contingent or otherwise, directly or indirectly arising from or
related to any suit, action or claim that may arise from SunLine's performance under this
Agreement.
The City shall indemnify, defend, and hold harmless SunLine, and its board of
directors, officers, employees, agents, and representatives, against all liability, demands,
claims, costs, losses, damages, recoveries, settlements, and expenses (including
interest, penalties, attorney fees, expert witness fees, costs, and expenses) incurred by
SunLine, known or unknown, contingent or otherwise, directly or indirectly arising from or
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FY26 Bus Shelter Agreement 4 La Quinta
related to any suit, action or claim that may arise from City's performance under this
Agreement.
6.04 Counterparts
This Agreement may be executed in counterparts, which shall be treated as
originals in all respects.
6.05 This Agreement is entered into at Riverside County, California.
6.06 This Agreement shall not be construed in any way to create a partnership
or joint venture in any respect between SunLine and the City, or between City and any
contractor of SunLine or any of SunLine's remaining member entities. SunLine is acting
purely as an independent contractor and not as an officer, agent, partner, joint venture
and/or employee of City.
6.07 Notices
Any notices given under this Agreement shall be in writing and shall be served
either personally or delivered by U.S. Mail, postage prepaid, registered or certified mail,
return receipt requested. Notices shall be deemed received at the earlier of actual receipt
or three days following deposit in U.S. Mail, postage prepaid. Unless otherwise specified,
time limits based upon notice shall be computed from the date of mailing. Notices shall
be directed to the following addresses:
SunLine Transit Agency City of La Quinta
Mona Babauta Jon McMillen
CEO/General Manager City Manager
32-505 Harry Oliver Trail 78-495 Calle Tampico
Thousand Palms, CA 92276 La Quinta, CA 92253
Either party may change its address for notice purposes by giving notice to the
other, provided that the address change will not be effective until 10 days after notice of
the change.
6.08 Non -Assignment
Neither SunLine nor City shall assign or otherwise transfer their rights and
obligations under this Agreement without prior written consent of the other. Any such
assignment without consent shall be void.
6.09 Headings
The title and headings of the various sections of this Agreement are intended solely
for convenience of reference and are not intended to explain, modify, or alter the terms
of this Agreement.
SIGNATURES ON NEXT PAGE
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FY26 Bus Shelter Agreement 5 La Quinta
Docusign Envelope ID: 1626BA49-A678-4680-BB79-ECA30135E7EB
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date first written above.
DATED: 7/10/2025
97Gr1093
ATTEST:
By: SIGNED IN COUNTERPART
Monika Radeva, City Clerk
APPROVED AS TO FORM:
By: SIGNED IN COUNTERPART
William H. Ihrke, City Attorney
SUNLINE TRANSIT AGENCY
Signed by:
By: M.o" 1°ja. Mi "
6f a6C56bauta,
CEO/General Manager
APPROVED AS TO FORM:
B rSigned by:
S. 7/9/2025
IFIAD
Cafferine J. Groves,
General Counsel
CITY OF LA QUINTA
By: SIGNED IN COUNTERPART
Jon McMillen, City Manager
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FY26 Bus Shelter Agreement 6 La Quinta
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
date first written above.
DATED:
SUNLINE TRANSIT AGENCY
0
SIGNED IN COUNTERPART
Mona Babauta
CEO/General Manager
CITY OF LA QUINTA
DATED:71512.Q2,57 By:
Jon McMillen, City Manager
ATTEST: A14
By: _ A,
Monika Radev , City Clerk
APPROVED AS TO FORM:
By: �'-
William H. Ihrke, City Attorney
EXHIBIT A
SUNLINE ADVERTISING POLICY
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FY26 Bus Shelter Agreement 7 La Quinta
SunLine Transit Agency
Advertising Policy
Policy No: B-020598
ADVERTISING
POLICY
PURPOSE AND SCOPE
Adopted: 01 /28/98
Revised: 06/25/25
SunLine Transit Agency (STA), acting in a proprietary capacity, is engaged in the sale
of advertisement space to earn revenue to supplement operating costs that are not
otherwise met through farebox revenue and local, state and federal levies, taxes and
grants.
This policy applies to the sale of all forms of advertising space in and upon STA's
property and transit vehicles ("Transit Facilities"), including but not limited to: (1)
advertising on the exterior of STA buses, (3) advertising on the interior of STA buses,
and (3) advertising displayed on bus shelters in STA's service area.
By allowing limited types of advertising on the Transit Facilities, STA does not intend
to create a public forum for political discourse or expressive activity, or to provide a
forum for all types of advertisements. All advertising shall be subject to this uniform
viewpoint neutral policy.
STA will not permit the types of advertising defined as Excluded Advertising in this
policy. Excluded Advertising may not be displayed and, if displayed, will be removed
by STA.
By not allowing Excluded Advertising, STA seeks to maintain a professional
advertising environment that will maximize advertising revenue and minimize
interference with or disruption to its transit system. STA further seeks to maintain an
image of neutrality on political, religious and other issues that are not the subject of
Commercial Advertising and are the subject of public debate and concern. Finally,
STA's goal is to continue to build and retain ridership.
EXCLUDED ADVERTISING
An advertisement cannot be displayed or maintained on Transit Facilities if
information contained in the advertisement falls within one or more of the following
categories of Excluded Advertising, as determined by SunLine, in its sole discretion:
1. Defamatory or likely to hold up to scorn or ridicule a person or group of persons.
FY26 Bus Shelter Agreement 8 La Quinta
2. Is false, misleading or deceptive.
3. Relates to or promotes any illegal activity.
4. Obscene or pornographic.
5. Depicts or promotes the sale of alcohol, cannabis, tobacco products, any
illegal product, service, or entity, and/or firearms.
6. Depicts or advocates violence.
7. Demeans, degrades or has the effect of promoting discrimination against any
group or individual on the basis of race, color, religion, national origin, age,
sex, disability, ancestry or sexual orientation.
8. Constitutes a political or public issue defined as advertising that contains
political speech referring to a particular ballot question, initiative, petition,
referendum, candidate, political party, or viewpoint or expresses or advocates
opinions or positions upon any of the foregoing or on a matter of public debate
about economic, political, religious, or social issues. This prohibition includes
any advertisement referring to or depicting a candidate for public office in any
context.
9. Constitutes an unauthorized endorsement defined as advertising that implies
or declares that STA endorses a product, service, viewpoint, event or
program. This definition does not include advertising for a service, event or
program for which STA is an official sponsor, co-sponsor or participant.
10. Constitutes a religious advertisement defined as advertising that contains
direct or indirect reference to religion, or to a deity or deities, or which includes
the existence, non-existence or other characteristics of any deity or deities, or
to any religious creed, denomination, belief, tenet, cause or issue relating to
(including opposing or questioning) any religion. This includes the depiction of
text, symbols, or images commonly associated with any religion or with any
deity or deities, or any religious creed, denomination, belief, tenet, cause or
issue relating to (including opposing or questioning) any religion.
PERMITTED ADVERTISING
In permitting limited advertising, STA seeks only to supplement fare revenue and
other income that funds its operations and to promote its services. To realize the
maximum benefit from the sale of advertising space, all advertising must be managed
in a manner that will generate as much revenue as practicable while ensuring that the
advertising does not discourage use of the system, does not diminish STA's
reputation in the communities it serves, and is consistent with the goal of providing
safe and efficient public transportation. To attain these objectives, STA will only allow
advertising on its Transit Facilities that do not qualify as Excluded Advertising, as
FY26 Bus Shelter Agreement 9 La Quinta
defined above ("Permitted Advertising"). Permitted Advertising includes:
1. Commercial Advertising, defined as advertising for the sole purpose of
promoting or soliciting the sale, rental, or distribution of products, goods,
services, entertainment, events, programs, or real or personal property for
commercial purposes. It does not include advertising that also conveys
content that constitutes Excluded Advertising under this policy.
2. Advertising that promotes STA and its services.
3. Public Service Advertising, defined as advertising proposed by either a
governmental entity, academic institution or tax-exempt nonprofit
organization that relates to: community, art, culture, education/training,
health, provision of children and family services, provision of services and
programs that provide support to low income citizens, senior citizens and
people with disabilities, or safety or special events, programs and/or
messages and does not include or contain any content that constitutes
Excluded Advertising. Upon STA's request, nonprofit entities must document
their tax-exempt status. Unless the source of the Public Service Advertising
is obvious from the content or copy, the advertisement must specifically
identify the sponsor of the advertisement or the message.
4. Cross -Promotional Advertising, defined as advertising in which STA
collaborates with for -profit or non-profit entities to promote using STA as
a conveyance to a specific event; such advertising may not contain any
content that constitutes Excluded Advertising.
ADMINISTRATION AND ENFORCEMENT OF POLICY
Advertisers must pay the applicable fee for the advertising space before the
advertisement is installed. STA may, by mutual agreement with a city within its service
area, waive this fee for a city wishing to advertise city sponsored events, city
programs, or city agencies on a STA bus shelter located within the city's jurisdiction so
long as (i) the bus shelter advertising space is not occupied by a revenue generating
advertisement, and (ii) the advertisement is consistent with this policy.
The Board designates the CEO/General Manager to administer the
Advertising Policy. This delegation includes the power of re -delegation by
the CEO/General Manager to appropriate staff. The CEO/General Manager
or designee shall review all advertisement content and determine whether it
complies with this policy.
If the CEO/General Manager or designee determines that the advertisement does
not comply with this policy, written notification of same specifying the standard(s)
with which the advertisement does not comply and the appeal process shall be
provided to the advertiser with a copy of this policy.
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On an as needed basis, the CEO/General Manager may refer any controversial
proposed ad content to the Board for approval or rejection with a majority vote.
The Board of Directors may, on its own action or at the request of an advertiser
wishing to appeal the CEO/General Manger's determination of an advertisement in
accordance with appeal procedures developed by the CEO/General Manager, override
any decision by the CEO/General Manager on ad content with a majority vote. The
Board's decision shall be final.
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