HomeMy WebLinkAbout20131398.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR RADIO AND ONLINE ADVERTISING OF TOBACCO
CONTROL PROGRAM AND AUTHORIZE CHAIR TO SIGN - TOWNSQUARE MEDIA
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 Radio and Online
Advertising of 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 Townsquare Media, commencing June 27,
2013, and ending July 7, 2013, 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 Radio and Online Advertising of 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 Townsquare Media, 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 C, Y, COLORADO
Weld County Clerk to the Board
BY:
APP
hty At orney
Date of signature: JUN 18 2013
William . Garda, Chair
can P. Conway
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Mike Freeman
Barbara Kifkmeyer
2013-1398
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.
2013-1398
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
1555 North 17th Avenue
Greeley, Colorado 80631
Public Health
Web: http://www.weldhealth.org
Health Administration Public Health & Clinical Environmental Health Communication, Emergency Preparedness
Vital Records Services Services Education& Planning & Response
Tee: 970.304.6410 Tee: 970.3046420 Tale: 970 304.6415 Tee: 970.304.6470 Tele: 97030/6420
Fat 970304.6412 Fax 9703045416 Fax: 9703046411 Fat 970.3046452 Fax: 9703046469
Our vision: Together with the commonages we serve, we are working to make Weld County the healthiest place to live, learn, 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
El Yes ❑ No
D Yes ❑ No
a Yes ❑ No
S. -Yes O No
WCDPHE Page 1 of 1
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AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS. WELD COUNTY. CO, AND
TOWNSQUARE MEDIA FOR RADIO AND ONUNE ADVERTISING FOR THE WELD COUNTY TOBACCO
CONTROL PROGRAM
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. Townsquare Media shall provide the following advertising on the following stations starting on June
27, 2013, through, and inclusive of, July 7, 2013:
A. K99
(4) :30 second broadcast ads per day (44 total) on N. Colorado's *1 station.
(4) :30 second online ads per day (44 total) on our largest Internet platform.
B. Tri 102.5
(3) :30 second broadcast ads per day (33 total) on Colorado's N2 station.
(3) :30 second online ads per day (33 total) on N. Colorado's *1 at work station.
C. 99.9 The Point
(5) :30 second broadcast ads per day (55 total) on Colorado's #2 largest listenership
from 18-24.
(5) :30 second online ads per day (55 total) on our second largest Internet platform.
D. 94.3 Loudwire
(5) :30 second broadcast ads per day (55 total) on Colorado's only mainstream rock
station.
(5) :30 second online ads per day (55 total) on Colorado's only mainstream rock station.
2. Weld County shall provide Townsquare Media with the content to be broadcast or posted online.
3. In payment (upfront and in full) for successfully fulfilling the advertising responsibilities detailed in
Section 1 of this Agreement, Weld County shall pay to Townsquare Media a total of $4,000.00 (four -
thousand dollars).
4. No term or condition of this Agreement 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 §§ 24-10-101, et. seq., C.R.S., as applicable now or hereafter amended.
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5. This Agreement shall be governed 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.
6. 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.
7. Upon default by Townsquare Media 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.
8. This Agreement shall be governed 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.
9. In the event of a dispute between Weld County and Townsquare Media, concerning this Agreement,
the parties 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 Townsquare Media.
10. Townsquare Media does not discriminate in advertising sales based on race or ethnicity. Any
provision in any order or agreement for advertising that purports to discriminate on the basis of race
or ethnicity, even if handwritten, typed or otherwise made a part of a particular contract, will be
rejected.
11. This Agreement contains the entire agreement between the parties with respect to the subject
matter contained in this Agreement. This instrument supersedes all prior negotiation,
representation, and understanding or agreements with respect to the subject matter contained in
this Agreement. This Agreement may be changed or supplemented only by a written instrument
signed by both parties.
In Witness Whereof, the parties hereto execute this Agreement on the day first above written.
CHAIRMAN OF THE BOARD OF Townsgaare Media
WELD COUNTY COMMISSIONERS
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Chair, William Garcia Account Exectitite, Waled Jorgenson
Date:
JUN 10 2013
Date: (4c/13
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