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HomeMy WebLinkAbout20131397.tiffRESOLUTION RE: APPROVE 2013 PARTNERSHIP AND VENDOR AGREEMENTS AND AUTHORIZE CHAIR TO SIGN - GREELEY INDEPENDENCE STAMPEDE 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 2013 Partnership and Vendor Agreements 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 the Greeley Independence Stampede, commencing upon execution of signature, with further terms and conditions being as stated in said partnership and vendor agreements, and WHEREAS, after review, the Board deems it advisable to approve said partnership and vendor agreements, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Partnership and Vendor Agreements 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 the Greeley Independence Stampede be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said partnership and vendor agreements. 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 oU TY, COLORADO ATTEST: Weld County Clerk to the Board r BY.. APP Attorney Date of signature: JUN 18 2013 William F. G-`rciaChair Douglds Rademaldler, Pro-Tem Sean P. Conway ike Freem Barbar*'K r me er` Ora_ 4:21--A--1 2013-1397 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. 2013-1397 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 North 17th Avenue Greeley, Colorado 80631 Public Health Web: http://www.weldhealth.org Health Aasale►etron Public Heelth & Cltnlcal Environmental Health Communication, EnHryency Preparedness Vital Records Services Services !decagon 8 Penning & Response Tele: 970.304.8410 Tele: 970.3046420 Tele: 970 3046415 IS.: 970 304 8470 Tele: 970 304 6420 Fax: 970 304 6412 Fax 970304 8416 Fax: 970 3046411 Fu: 970.3046452 Fax: 970304 8489 Our vleion: Together with the communities we serve, we are working to make Weld County the healthiest place 'olive, teem, 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 Yes O No Yes ❑ No LED Yes ❑ No Yes ❑ No IB—Yes O No WCDPHE Page 1 of 1 CONTRACT NO. 5130046 2013 Partnership Agreement Greeley Stampede & Weld County Department of Public Health and Environment This Partnership Agreement (hereinafter referred to as "Agreement") is made and entered into by the Greeley Independence Stampede (hereinafter referred to as the "Stampede") and Weld County Department of Public Health and Environment (hereinafter referred to as the "Sponsor"). Consideration In exchange for the benefits provided by the Stampede as described below, the Sponsor shall provide the Stampede with the following: 1. Cash sponsorship in the amount of ten thousand dollars ($10,000.00) payable to the Stampede no later than May 31, 2013. Sponsor Benefits In consideration of the sponsorship support provided by the Sponsor, the Stampede shall provide the Sponsor with the following benefits as part of the Event, unless otherwise noted: Promotional Rights 1. Recognized as Formal Sponsor of the Stampede and is entitled to the promotional media and on -site marketing benefits as set forth in this Agreement. Integrated Branding 1. Use the 2013 Official Greeley Stampede Logo in any of the Sponsor's promotions and advertising through July 31, 2013. 2. Entry as participant in the Official Independence Day Parade. Application to be provided - guaranteed entry, no fee. This agreement must be signed no later than May 17, 2013 in order to meet application deadlines for benefit to apply. 3. Recognized with Sponsor Logo in listing on the Sponsor Appreciation page of the Official 2013 Greeley Stampede Event Program. This agreement must be signed no later than May 17, 2013 in order to meet press deadlines for benefit to apply. Sponsor must provide logo in an electronic format (300 dpi; full color; .jpg, .eps, .png format) no later than May 17, 2013. 4. Recognized in listing on the Sponsor Appreciation page of the Official 2013 Greeley Stampede Rodeo Program. This agreement must be signed no later than May 17, 2013 in order to meet press deadlines for benefit to apply. S. Sponsor name and logo with link to sponsor's website will be included on the Sponsor Recognition page in the sponsorship section of the Greeley Stampede Website. Sponsor must provide logo in an electronic format (300 dpi; full color; .jpg, .eps, .png format) no later than May 17, 2013. Activation 1. Exhibit I Vendor Space as described in the executed Vendor and Exhibit Space Contract between Sponsor and the Greeley Stampede. On -Site Promotion aI/3-/397 1. Allocated a 30 -second Advertisement Spot to be played in the Arena prior to the start of, or directly following, the PRCA Rodeo Performance on six (6) rodeo performance nights. Sponsor is responsible for all aspects of production the spot, and must provide it to the Stampede's Audio/Video Contractor in electronic format no later than June 1, 2013. 2. Recognized by the Rodeo Announcer in up to six (6) PRCA Rodeo Performances. Sponsor must provide a one to two line script no later than June 1, 2013. Announcer may summarize script as appropriate for time limitations based on the performance. 3. Sponsor logo will be featured on the LED Scoreboard prior to and/or directly following each PRCA Rodeo Performance. Sponsor must provide logo in an electronic format (300 dpi; full color; .jpg, .eps, .png format) no later than May 17, 2013. VIP Event Experience 1. Two (2) Season General Parking Passes for parking for the duration of the Event. Term This Agreement shall not become effective until signed by the General Manager of the Stampede and the Chair of the Weld County Board of County Commissioners, and will terminate on July 31, 2013. Conduct Harmful to the Stampede In the event the Sponsor engages in conduct which endangers the health or safety of the public, contestants, or other persons on the event grounds, or tends to injure the property or reputation of the Stampede, the Stampede shall have the right to immediately terminate this Agreement. Sponsor assumes the full responsibility for the character, acts and conduct of all persons under its employ and direction. Subcontracting and Assignment The Sponsor shall not subcontract any portion of the services to be performed under this agreement nor assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without prior written approval of the Stampede. Independent Contractors Each party shall perform its duties hereunder as an independent contractor and not as an employee of the other party. Each party shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither party shall have any authority to act for, or on behalf of, or to bind the other party in any manner whatsoever. Compliance with Laws and Regulations The Sponsor shall comply with all the laws of the United States (including, without limitation, Sponsor's obligations under the Americans with Disabilities Act) and of the State of Colorado. Sponsor shall also comply with all ordinances, rules and regulations adopted by the City of Greeley, Weld County, and any other government agency with authority to regulate the acts of the Sponsor. The Sponsor will require that its agents, servants, employees, or invitees comply with all such laws, ordinances and regulations. The Sponsor shall be responsible for payment of all licenses, permits, fees, registrations, taxes, assessments, and charges of every kind and character levied or required by any federal, state, or local law, ordinance, or regulation in connection with or because of any act or activity engaged in by the Sponsor or its agents, servants, employees, or invitees under the Agreement. 2013 Greeley Stampede Partnership Agreement Page 2 of 4 Applicable Law This Agreement shall be governed by the laws of the State of Colorado. Venue shall lie in Weld County, State of Colorado. Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act 4§24-10-101 et seq., as applicable now or hereafter amended. No Third Party Beneficiary 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 parties 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. Attorneys Fees/Legal Costs In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. The balance of this page has intentionally been left blank. 2013 Greeley Stampede Partnership Agreement Page 3 of 4 In witness whereof, the parties have executed this Agreement as of the date of the last signature by the parties below who herby warrant and assert that he/she has the authority to bind the Sponsor to the terms and conditions of this Agreement. Board of Weld County Commissioners on behalf of: Weld County Department of Public Health & Greeley Stampede Enwrvwrremti , JUN 102013 gnature Date Signature Date By: Wi 1 1 i Am F. Garcia Anthea Dreisbach me: Chair General Manager 06-07-2013 115O O St- P O Box 758 Address Greeley, CO 80632 City, State, Zip 970-336-7204 Phone wgarcia@weldgovcom Email Contact Parson -gaiter than above Signor Rachel Freeman - Program Coordinator Name, Title (please print) (970) 304-6470 x 2385 Phone rfreeman@co.weld.co.us 600 North 14th Avenue Address Greeley, CO 80631 City, State, Zip (970) 356-7787 Phone anthea@ • reeleystamogde_ yg Email Greeley Sum Signature Trudy Sargent Chair mince Mem k//3 Date Email 2013 Greel y Stampede Partper,lhip Agreement Page4d4 d a aoi3-/397 CONTRACT NO. V130002 2013 Vendor Agreement Greeley Stampede & Weld County Department of Public Health and Environment This Partnership Agreement (hereinafter referred to as "Agreement") is made and entered into by the Greeley Independence Stampede (hereinafter referred to as the "Stampede") and Weld County Department of Public Health and Environment (hereinafter referred to as the "Vendor"). Vendor Space Information Per your 2013 Vendor or Concessionaire Application the following Space and Items have been approved for participation in the Greeley Stampede, June 27 —July 7, 2013: Width: 10' Depth: 36' Location: Southwest Park, near Pavilion Approved Items for Sale: None: Informational & Educational Also included with your standard space fee: 1. Two (2) Season Admission Passes — good for admission of two (2) individuals for the duration of the event. 2. One (1) Season Parking Pass — good for parking of one (1) vehicle for the duration of the event. 3. Access to one (1) electrical hook up; 110v 20amp duplex. Payments and Fees Due The following payment and fees are due to the Stampede no later than May 17, 2013: Space Fee: Partnership Agreement #S130046 = $0,000.00 Term This Agreement shall not become effective until signed by the General Manager of the Stampede and the Chair of the Weld County Board of County Commissioners, and will terminate on July 31, 2013. Vendor Manual Vendor agrees to comply with all rules and regulations as set forth in the 2013 Greeley Stampede Vendor Manual. Conduct Harmful to the Stampede In the event the Sponsor engages in conduct which endangers the health or safety of the public, contestants, or other persons on the event grounds, or tends to injure the property or reputation of the Stampede, the Stampede shall have the right to immediately terminate this Agreement. Sponsor assumes the full responsibility for the character, acts and conduct of all persons under its employ and direction. 020/3- /.327 Subcontracting and Assignment The Sponsor shall not subcontract any portion of the services to be performed under this agreement nor assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without prior written approval of the Stampede. Independent Contractors Each party shall perform its duties hereunder as an independent contractor and not as an employee of the other party. Each party shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither party shall have any authority to act for, or on behalf of, or to bind the other party in any manner whatsoever. Compliance with Laws and Regulations The Sponsor shall comply with all the laws of the United States (including, without limitation, Sponsor's obligations under the Americans with Disabilities Act) and of the State of Colorado. Sponsor shall also comply with all ordinances, rules and regulations adopted by the City of Greeley, Weld County, and any other government agency with authority to regulate the acts of the Sponsor. The Sponsor will require that its agents, servants, employees, or invitees comply with all such laws, ordinances and regulations. The Sponsor shall be responsible for payment of all licenses, permits, fees, registrations, taxes, assessments, and charges of every kind and character levied or required by any federal, state, or local law, ordinance, or regulation in connection with or because of any act or activity engaged in by the Sponsor or its agents, servants, employees, or invitees under the Agreement. Applicable Law This Agreement shall be governed by the laws of the State of Colorado. Venue shall lie in Weld County, State of Colorado. Governmental Immunity No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §524-10-101 et seq., as applicable now or hereafter amended. No Third Party Beneficiary 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 parties 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. Attorneys Fees/Legal Costs In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. The balance of this page has intentionally been left blank. 2013 Greeley Stampede Partnership Agreement Page 2 of 3 in witness whereof, the parties have executed this Agreement as of the date of the last signature by the parties below who herby warrant and assert that he/she has the authority to bind the Vendor to the terms and dconditions c f this Agreement. Board o e ounty commissioners on behalf of: Weld County Department of Public Health and Greeley Stampede Enviror t JUN 1 0 2013 - Signature By: William F. Garcia Title: Chair Date Signature Anthea Dreisbach General Manager 1150 0 St P.O. Box 758 600 North 14th Avenue Date Address Address Greeley CO 89632 Greeley, CO 80631 City, State, Zip City, State, Zip 970-336-7204 (970) 356-7787 Phone Phone wgarcia@weldgov . com anthea@greeleystampede.org Email Email Contact Person - If other than above Signor Greeley Stampede Committee Member (2" Rachel Freeman — Program Coordinator Name, Title (please print) (970) 304-6470 Phone rfreeman@co.weld.co.us Email Signature Heidi Grogg Event Operations Coordinator GIP -V/3 Date 2013 Greeley Stampede Partnership Agreement Page 3 of 3 Hello