properties as mutually agreed. Under the terms of this agreement, Streetseen was required to pay Transit Windsor 55% of net advertising revenue generated with an annual minimum guarantee of $150,000. The first agreement with Streetseen Media had a clause for options for renewals and in 2009, Streetseen Media proposed to extend the contract for an additional five years with an option for an additional five years, subject to mutual agreement. At the meeting of June 10, 2004, resolution T.W. 3467/04 was adopted to award the contract to Streetseen Media.

In 2009, the parties agreed to exercise the five-year option, and at the meeting of May 20, 2009, the Board of Directors adopted resolution T.W. 38/2009, which authorized the General Manager to enter into a contract with Streetseen Media for advertising on Transit buses, subject to approval of the agreement by the City’s Legal Department, as follows:

“That the Transit Windsor Board of Directors authorize the General Manager to extend the agreement with StreetSeen Media for an additional five year term, all other terms and conditions remaining the same, save and except the annual guarantee will be increased to $170,000.

Section 2 will be updated and replaced with the following:

“2.1 This Agreement shall, unless it is terminated pursuant to the provisions of section 10.1, remain in full force and effect for a period of five years commencing July 1, 2009 and terminating on June 30, 2014.

2.2 At the end of the term, this Agreement may be renewed for an additional five years, by mutual consent, under the same terms and conditions, save and except for the Guaranteed Payment defined under Section 4.1 (ii) will be $190,000 per year.

2.3 This agreement may, subject to mutual agreement and negotiation of the Guaranteed defined under Section 4.1(ii) and other pertinent sections, be renewed for a successive multi year term.”

In 2013, Transit Windsor again entered into discussions with Streetseen Media with regards to their intent to exercise an additional renewal. This was at a time when Transit Windsor was seeking quotes from advertising companies to assume the bus shelter advertising and there was no interest because of the poor market conditions. At the December 2013 meeting of the Board of Directors, the General Manager was authorized to extend the agreement with Streetseen Media for an additional five-year term, all other terms and conditions remaining the same, save and except the annual guarantee, which was increased to $190,000.

Discussion:

In late 2019, Transit Windsor began the process to prepare a Request for Proposals (RFP), given that it had been a number of years since the corporation had gone to market for advertising revenues for buses. The RFP was scheduled to be released in February 2020, just as the COVID-19 Pandemic struck. In discussions with the City of Windsor Purchasing Department, the release of the RFP was delayed. The current