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HomeMy WebLinkAbout20131399.tiffRESOLUTION RE: APPROVE AGREEMENT FOR SCHOOL BUS ADS CONCERNING TOBACCO CONTROL PROGRAM AND AUTHORIZE CHAIR TO SIGN - SPOT ON SOLUTIONS WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with an Agreement for School Bus Ads Concerning Tobacco Control Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and Spot on Solutions, commencing upon execution of signature, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Agreement for School Bus Ads Concerning Tobacco Control Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and Spot On Solutions, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 10th day of June, A.D., 2013. BOARD OF COUNTY COMMISSIONERS WELD Cpt9�I'Tj Y, COLORADO William F. Gaoia: Chair Weld County Clerk to the Board BY AP ike Freema ty Attorney Barbara Kirkmeyer Date of signature: JUN 18 2013 2013-1399 HL0040 Memorandum TO: William F. Garcia, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH, Director Department of Public Health and Environment DATE: May 20, 2013 SUBJECT: Signature Requested on Youth Tobacco Media Prevention Contracts Enclosed for Board signature are four (4) contracts related to youth tobacco media prevention. The contracts include Lamar outdoor advertising (bus benches and billboards, $9775), Spot -On Solutions (school bus ads, $8000), Townsquare Media (radio, $4,000), and the Greeley Stampede (PSA—public service announcement, $10,000). All of these contracts will be paid with state A35 tobacco funds and are included in our existing workplan. Weld County attorney Bob Choate reviewed the Greeley Stampede contract and the Stampede has approved his suggestions to the contract; the other media contracts have been sent to him for review. Additionally, the Greeley Stampede has approved the PSA (see attached approval). Please see attached for samples of the billboard and bus ads. The spit ads have been reviewed and revised based on youth suggestions. The school bus ad will circulate on school bus routes where there are higher chew and spit rates and run for six months. Of note is the Greeley Stampede is requesting a signature on their contract by May 31, 2013. 2013-1399 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17t Avenue Greeley, Colorado 80631 PublcHealth Web: http://www.weldhealth.org Health Administration Public Health& Clinical Environmental Health Communication, Emergency Preparedness Vital Records Services Services Education & Planning & Response Tele: 970.301.6410 Tele. 970.304 6420 Tale: 970 304 6415 Tele: 97O3046470 Teie: 970 304.6420 Fax: 970 304 6412 Fez 970 304 6416 Fa 970 304 6411 Fax 970.304.6452 Fax: 9703048469 Our vision: Together with the communities we serve, we are wodung to make weld County the healthiest place to live, eem, work and play. Memorandum Date: May 21, 2013 To: Commissioners From: Mark E. Wallace, MD, MPH — Director Re: Contracts for Pass -Around Review Commissioner Rademacher, Coordinator for Health, approved the items listed below for pass -around review. Please indicate your preference for the next step. Youth Tobacco Prevention Media Contracts For Board review and approval are four contracts related to youth tobacco prevention media. The contracts include: • Lamar Outdoor Advertising (bus benches and billboards, $9,775.00) • Spot -On Solutions (school bus ads, $8,000.00) • Town square Media (radio, $4,000.00) • Greeley Stampede (PSA—public service announcement, $10,000.00) All of these contracts will be paid with State A35 tobacco funds and are included in our existing work plan. Weld County attorney Bob Choate reviewed the Greeley Stampede contract and the Stampede has approved Mr. Choate's suggested revisions to the contract; the other media contracts referred to in this Memo have been sent to him for review as well. Additionally, the Greeley Stampede has approved the PSA (see attached approval). The spit/chew ads (Lamar, Spot -On & Greeley Stampede) have been reviewed and revised based on youth suggestions. The school bus ad will circulate on school bus routes where there are higher chew and spit rates and run for six months. Of note Is the Greeley Stampede is requesting a signature on their contract by May 31, 2013. I recommend your approval. Sean Conway Mike Freeman Bill Garcia Barbara Kirkmeyer Doug Rademacher Approve for agenda Request work session first ..-1B-NYes O No Yes ❑ No RP Yes ❑ No Yes ❑ No 3.Yes O No WCDPHE Page 1 of 1 SFeacN SOLUTIONS Spot On Solutions 7714 S. Elm Court Centennial, CO 80122 Phone 720-482-0384 Fax 877-257-4847 Dina@sootonsolutionsinc.com .( DC119 I + ) I l June 6, 2013 Rachel Freeman BS, CI IFS Tobacco Cum rol Program Coordinator Weld County Department of Public Health and Environment 1555 N. 17th Ave Greeley, CO 80631 970-304-6470 X 2385 District Contract Start Date Contract End Date Weld County May 2013 February 2014 District Signs # Months Cost Per Month Total Stock An Fees Total Weld County 8 6 58,000 $ 8,000.00 Payment Schedule SUBTOTAL SALES TAX TOTAL $ 8,000.00 Payment due in full June 15, 2013 $ 8,000.00 (A 5"tn fee will be charged for payments received after the date avreed upon above.l By signing this contract. the advertiser understands and agrees to the following terms and conditions: n) Ad.enisees sole and eulusise remedy for any breach of contract or sratranly, express or implied, shall be limited to a refund of the purchase price. a) In no scent shall the adsertiser be entitled torecover for incidental or consequential damages. a) Cancellation or changes must be made in aping prior to art pmdueion. If an is already produced at time of cancellation, applicable permits km will apply (I) l'induenon payment muse he received in full pane in I.nslwade beinRdenµnrd, pruned or installed S)lhe,Jveessement muse men the appmvrl of the Weld County 6 Derma Oversight Grmmn¢r to validate contra. Ilan min ensure they meet la+msl ts]I.cy, educational ohm( re+ cod 5,ee lax Any WMcm,emen may Ire removed at any ethe C..mee,nee deem, . uppeepnx fosse a ,on. and the xlvennet will he refunded to prorated amount remainingsn the contract or asked hi tense de ad 6) It 5,r any meson, die xenunt a moved to collensoe 9)alp +r Menton, and sh, Acid Cowley 6 shall neallnwedlil da)ss. mewl,after rece.ong%mien r.sti eonfrvm the deemser¢Weeeeg the remind ormem.nofmyadvertisement '9)Otter Spat (ha .ti#m.my nor Srild(Swim 6 lSrmeuhall lduh4 fire any comma, emirs or (mansions an tar dmmumenafter Spat A'olution has mused• sicced piled from the Adsemve le)In the (pc that Once buses ore not mn+ngdue es inclement weather esschael(Insure fire syreason, Stet Ins..loeoe, rrnmmry.v.hle foe pm -song adrtmvn payment.11) In the even, that an dseeteer Is late fora monthly primer'sSpot 0n.4Autom will be recreated in put the adsetpseeeo a pnbnennuy penis! .1 10 days in which make payment If after 6a days (2 monthly payments) balance due is not paid in Nils SOS will be removing said bwbaed from the designated hut 'ITe advertiser will he ;pen the opportunity in dmemse again in the future, but sill need to pay nes production charges up front and may be respired to pars full depending an the ehimenon of cyst On Pythons scumming department It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned panes and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. Upton default by Spot On Solutions of any of the terms or conditions of this Agreement, Weld County reserves the right to terminate this Agreement and/or pursue any remedies authorized by law. This Agreement shall be gavemed by the laws of the State of Colorado and venue for the adjudication of any legal issue related to this Agreement shall lie in Weld County, Colorado. In the event of a dispute between Weld County and Spot On Solutions, concerning this Agreement, the patties agree that Weld County shall not be liable to or responsible for the payment of attorney fees and/or legal costs incurred by or on behalf of Spot On Solutions. This contract contains the entire agreement between the parties with respect to the subject matter contained in this contract. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this contract. 'this contract may be changed or supplemented only by a written instrument signed by both parties Spot On Solutions Dina Clifford ilulbonRd bi 8 -May -U Dade Board of Weld County Commissioners on behalf of Weld County De lit ent of l Ie lth L'(14, -/e)/4,William Fe Garcia, Chair /loci ri d by Dole JUN 1 0 2013 &'Y3 %S97 Hello