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HomeMy WebLinkAbout20241691.tiffRESOLUTION RE: APPROVE CONTRACT FOR OUTDOOR ADVERTISING DISPLAYS AND AUTHORIZE CHAIR TO SIGN - THE LAMAR COMPANIES 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 a Contract for Outdoor Advertising Displays between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, and The Lamar Companies, with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for Outdoor Advertising Displays between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, and The Lamar Companies, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said contract. Cc : H(L(sc/t3F) eq /.-I/29 2024-1691 HL0057 CONTRACT FOR OUTDOOR ADVERTISING DISPLAYS - THE LAMAR COMPANIES PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS ATTEST: . •A j Weld County Clerk to the Board BY: 0•OMlvide— Deputy Clerk to the Board APP'OVED County At .rney Z6,l Date of signature: �'Z WELD COUN K D. Ross, Chair Perry L. B eeman ri Saine ORA Pro-Tem 2024-1691 HL0057 Cankvcck Iba 3q0% Memorandum TO: Kevin Ross, Chair Board of County Commissioners FROM: Jason Chessher, Director of Public Health and Environment DATE: June 14,2024 SUBJECT: Contract with Lamar Media for A-35 media campaign For the Board's approval is a Contract between Lamar Media and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (WCDPHE). The informal bid was obtained directly with Lamar, as they are the exclusive company that controls bus stop media, which is the primary target for this media push. The contract between the WCDPHE and Lamar Media is a component of the work plan for the contract between the WCDPHE and the State of Colorado, Department of Public Health and Environment (CDPHE) for the A-35 Tobacco Education and Prevention grant. This contract for services totaling $20,000 will support WCDPHE efforts to educate and prevent vaping among Weld County residents, specifically young adults ages 18-34. This anti-vaping media campaign scheduled for July 1 —September 22 will include outdoor media and digital geofencing components. Our outdoor messaging will consist of: • 20 bus benches in the Greeley area, • 20 bus shelters also in the Greeley area, and • 1 billboard in Fort Lupton Our digital messaging will consist of: • Geofencing in Weld County, specifically in the following zip codes: 80634, 80631, and 80621. I recommend approval of this contract with Lamar Media. 2024-1691 Denver 12301 Grant St., #240 Thomton, CO 80241 Phone: 303-280-7000 Fax 303-280-6777 -NrD Production/Other Services Department Plant CONTRACT # 4615595 Customer S CONTRACTED 855041-0 DIRECTLY BY ADVERTISER Name WELD COUNTY HEALTH DEPARTMENT Address 1555 N. 17TH AVENUE, City/State/Zip *GREELEY, CO 80631 Contact Brooklyn Larimore Email Address blarimore@weld_gov Phone # (970) 400-2371 Fax # a P.O./ Reference # Advertiser/Product I WELD COUNTY HEALTH DEPARTMENT Campaign Production Type Misc ervlce Dates Cost Service Periods Date: 6/14/2024 New/Renewal: NEW Account Executive: Lon Johnson Phone: 303-280-7000 Invest Per Period Vinyl 225 Denver, CO production installation and removal of Design:Tobacco Education vinyl Program 07/01/24 5500.00 5500.00 Commercial 225 Denver, CO geofencing in Weld County Design:Tobacco Education Program 07/01/24-07/28/24 1 $5,400.00 $5,400.00 Space its of Panels: 1 Panel # TAB ID Market 70012 225 -DENVER, CO 30643453 Location HWY 52 S/S W/O HWY 85@MP18.51 EF Ilium Media Type Size Poster 10' 6" x 22' 9" Misc Total Production/Other Services Costs: $5,900.00 Service Dates 07/01/24-08/25/24 Billing Cycle: Every 4 weeks 0 Service Periods Invest Per Period 5500.00 2 Cost S1,000.00 Total Space Costs. 51,000.00 Total Costs: $6,900.00 Special Considerations: Advertiser authorizes and instructs The _amar Companies (Lamar) to display in good and workmanlike manner, and to maintain for the terms set forth above, outdoor advertising displays described above or on the attached list. In consideration thereof. Advertiser agrees to pay Lamar all contracted amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions on all pages of this contract. The Agency representing this Advertiser in the contract executes this contract as an agent for a disclosed principal, but hereby expressly agrees to be liable jointly and severally and in solido with Advertiser for the full and faithful performance of Advertiser's obligations hereunder. Agency waives notice of default and consents to all extensions of payment. INITIALS The undersignea representative or agent of Advertiser hereby warrants to Lamar that he/she is the Advertising Director (Officer/Title) of the Advertiser and is authorized to execute this contract on behalf of the Advertiser. Customer: Signature: Name: Date: WELD COUNTY HEALTH DEPARTMENT by and through the Board of Weld County Co is i oners 0 .sa) (signature above), Kevin D. Ross, BOCC Chair (print name above) JUN 2 4 2020 (date above) i i i in i iii i i i i i i i i i i 11 d120241 - /each Page 1 of 2 Denver 12301 Grant St., #240 Thornton, CO 80241 Phone 303-280-7000 Fax 303-280-6777 CONTRACT # 4615595 Date 6/14/2024 New/Renewal NEW Account Executive Lon Johnson Phone 303-280-7000 THE LAMAR COMPANIES This contract is NOT BINDING UNTIL ACCEPTED by a Lamar General Manager. 0A-‘' MANAGER DATE DARD CONDITIONS 1. Late Artwork: The Advertiser must provide or approve art work, materials and installation instructions ten (10) days prior to the initial Service Date. In the case of default in furnishing or approval of art work by Advertiser, billing will occur on the initial Service Date. 2. Copyright/Trademark: Advertise' warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser agrees to defend, indemnity and hold Lamar free and harmless from any and all loss liability, claims and demands, including attomey's fees arising out of the character contents or subject matter of ary copy displayed or produced pursuant to this contract. 3. Payment Terms: Lamar will, £rorn time to time at intervals following commencement of service, bill Advertiser at the address on the face hereof. Advertiser will pay Lamar within thirty (30) days after the date of invoice. If Advertiser fails to pay any invoice when it is due, in addition to amounts payable thereunder, Advertiser will promptly reimburse collection costs, including reasonable attomey's fees plus a monthly service charge at the rate of 1.5% of the outstanding balance of the invoice to the ex.ent permitted by applicable law. Delinquent payment will be considered a breach of this contract. Payments will be applied as designated by the Advertiser; non designated payments will be applied to the oldest invoices outstanding. 4. Service Interruptions: If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including buses in repair, or maintenance, this contract shall not terminate. Credit shall be allowed to Advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. In the case of illumination, should there be more than a 50% loss of illumination, a 20% pro -rata credit based on four week billing will be given. If this contract requires it umination, it will be provided from dusk until 11:00p.m. Lamar may discharge this credit, at its option, by furnishing advertising service on substitute space, to be reasonably approved by Advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of a value equal to the amount of such credit. 5. Entire Agreement: This contract, all pages. constitutes the entire agreement between Lamar and Advertiser Lamar shall not be bound by any stipulations, conditions, or agreements not set fort in this contract. Waiver by Lamar of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision. 6. Copy Acceptance: Lamar reserves the right to determine if copy and design are in good taste and within the moral standards of the individual communities in which it is to be displayed. Lamar reserves the right to reject or remove any copy either before or after installation, including immediate termination of this contract. 7. Termination• All contracts are non -cancellable by Advertiser without the written consent of Lamar. Breach of any provisions contained in this contract may result in cancellation of this contract by Lamar. 8. Materials/Storage: Production materials will be held at customer's written request. Storage fees may apply. 9. Installation Lead Time' A leeway of five (5) working days from the initial Service Date is required to complete the installation of all non -digital displays. 10. Customer Provided Production: The Advertiser is responsible for producing and shipping copy production. Advertiser is responsible for all space costs involved in the event production does not reach Lamar by the established Service Dates. These materials must be produced in compliance with Lamar production specifications and must come with a 60 day warranty against fading and tearing. 11. Bulletin Enhancements: Cutouts/extensions, where allowed, are limited in size to 5 feet above. and 2 feet to the sides and 1 foot below normal display area. The basic fabrication charge is for a maximum 12 months. 12. Assignment: Advertiser shal not sublet, resell, transfer, donate or assign any advertising space without the prior written consent of Lamar. INITIALS i i i i i i i • i i i i i i i i i i i i r,2oa4 - /a/ Page 2 of 2 Lamar Northern Colorado Transit 12301 Grant Street Unit 240 Thornton CO 80241 PHONE: (970)493-4411 FAX: (970}493-4595 tAM2%Er ) COMPANIES CONTRACT Customer Name: WELD COUNTY HEALTH DEPARTMENT Street Address: Mailing Address: 1555 N. 17TH AVENUE, City: GREELEY St: CO Zip: 80631 Phone: Fax: Total Camp. Invest.: $12,600.00 Vinyl Seq # 1 Company #: 488 Investment Per $1 100.00 Billing Period: ' Local AE: LLJ4486-Lon Johnson Date: 6/14/2024 New/Renewal: NEW Contract No. 4615527 Advertiser: WELD COUNTY HEALTH DEPARTMENT Cust A/C #: 855041-0 Nat'l/Local: LD Term. Service Date: 6/27/2024 Contact Person: Campaign: Tobacco Educaiton Email: Market: GREELEY Market Code: 20 Aft. AE: PO #: Product: New Vinyl / Flex Order Description: 20 benches vinyls Qty: 20 Rate Per Unit: $55.00 Freight:$0.00 Service Dates: [07/01/24 Vinyl Seq # 2 Company #: 488 Investment Per $2 500.00 Billing Period: ' Local AE: LLJ4486-Lori Johnson Market: GREELEY Market Code: 20 Alt. AE: PO #: Product: New Vinyl / Flex Order Description: production installation and removal of 20 bus shelters Qty: 20 Rate Per Unit: $125.00 Freight:$0.00 Service Dates: 07/01/24 Benches Seq # 3 Company #: 488 Local AE: LLJ4486-Lori Johnson Design: 20 moveable benches Investment Per $2 000.00 Billing Period:$21 Daily 0 GRPs: # Spaces: 20 Market: GREELEY Market Code: 20 Alt. AE: Imprint: PO #_ Panel Market Location ,Size Ilium Service Dates # Billing Periods Invest Per Billing Period 07/01/24-08/25/24 2 $2000.00 TBD _ 1 - - Benches Seq # 4 Company #: 488 Local AE: LLJ4486-Lon Johnson Investment Per Billing Period: Design. 20 SAB benches Daily 0 GRPs: # Spaces: 20 Market: GREELEY Alt. AE: Imprint: Markel Code: 20 PO #: Panel Market Location Size , Ilium _Service Dates # Billing Periods_ 1 Invest Per Billing Period, $0.00 TBD 08/26/24-09/22/24 A Shelters Seq # 5 INITIALS i i i i i i i i i i i i i i i i i PAGE 1 of 4 o2oa4 -i67 91 Company #: 488 Local AE: LLJ4486-Lori Johnson Design: 20 moveable Shelters Daily 0 GRPs: Investment Per S0D.00 Billing Period' ' # Spaces : 20 Market: GREELEv Market Code: 20 Alt. AE: Imprint: PO #: Panel Market Location _Size Ilium Service Dates # Billing Periods Invest Per Billing Period 'TOD , 07/01/24-08/25/24 2 $2500.00 __ _ - Shelters Seq # 6 Company #: 488 Local AE: LLJ4486-Lori Johnson Design: 20 SAB shelters Daily 0 GRPs: Investment Per$0 00 Billing Period: # Spaces: 20 Market: GREELEY Alt. AE: Imprint: Market Code: 20 PO #: Market Location Size Service Dates # Billing : Periods Invest Per Billing Period Panel TBD _Ilium 08/26/24-09/22/24 1 $0.00 Year 2024 Investment Schedule Invoice Date Service Period 06/27/2024 * 07/01-09/22 Custom Invoicing Date iNmALs rAiL Total Investment $12,600.00 THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY - i i i i i i i i i i i i i i i i i i i i azzi, /6. / PAGE 2 of 4 The terms on all pages are part of this contract. Advertiser authorizes and instructs The Lamar Companies (Lamar) to display in a good and workmanlike manner, and to maintain for the terms set forth above, outdoor advertising disp ays described above or on the attached list. In consideration thereof, Advertiser agrees to pay The Lamar Companies all contract amounts within thirty (30) days after the date of billing. Advertiser acknowledges and agrees to be bound by the terms and conditions on all pages of this contract. The undersigned representative or agent of Advertiser hereby warrants to The Lamar Companies that he/she is the Chair , Board of Weld County Commissioners (Officer/TilJe) BY: Kevin D. Ross ACCOUNT EXECUTIVE COMPANY: WE'id County of the Advertiser and is authorized to execute this contract on behalf of Advertiser. WELD COUNTY HEALTH DEPARTMENT CUSTOMER/ADVERTISER DATE: BY: 2-4 o (signature above) CUSTOMER/ADVERTISER SIGNED BY: Kevin D. Ross, BOCC Chair This contract is NOT BINDING UNTIL ACCEPpED by a Lamar General Manager. DATE: .00 <l2 (print name above) THE LAMAR COMPANIES ERAL MANAGER STANDAR CONDITIONS yese I. General Conditions 1. On initial installation, if Lamar and/or Lamar Transit Authority (LTA) is requested by Advertiser to submit art work, then art work submitted by Lamar and/or LTA shall be approved or substitute art work shall be furnished by Advertiser within ten (10) days after submission. in the case of default in furnishing or approval of art work by Advertiser, then the date of installation posting for purposes of commencement of the first invoice shall be deemed to occur on the date on which the various spaces are available for service. 2. Advertiser warrants that all approved designs do not infringe upon any trademark or copyright, state or federal. Advertiser agrees to defend. indemnify and hold Lamar free and harmless from any and all loss, liability, claims and demands, including attorney's fees arising out of the character, contents or subject matter of any copy displayed or produced pursuant to this contract. 3. Upon completion and installation of initial posting, or upon the circumstances described in paragraph 1 regarding default, an invoice for payment will be sent to Advertiser or Agency. Upon Advertiser's or Agency's request, a report of the posting will be sent with the initial invoice. The first invoice shall cover the period from date of installation (if more than one location is included, the average date of installation shall be used) to the end of the billing period in which the invoice is rendered, and subsequent invoices shall be rendered in advance on the first of each successive billing period. Each invoice will cover the billing period following commencement of posting or date of installation ; or following the circumstances described in paragraph 1 above regarding default . All prorated invoices and credits will be computed on the basis of a four week billing period. 4. If Lamar is prevented from posting or maintaining any of the spaces by causes beyond its control of whatever nature, including but not limited to acts of God, strikes, work stoppages or picketing, or in the event of damage or destruction of any of the spaces, or in the event Lamar is unable to deliver any portion of the service required in this contract, including illumination, buses in repair, or maintenance, this contract shall not terminate. Credit shall be allowed to advertiser at the standard rates of Lamar for such space or service for the period that such space or service shall not be furnished or shall be discontinued or suspended. Lamar may discharge this credit, at its option, by furnishing advertising service on substitute spaces, to be reasonably approved by advertiser, or by extending the term of the advertising service on the same space for a period beyond the expiration date. The substituted or extended service shall be of a value equal to the amount of such credit. 5. Upon default in the punctual payment of the contract indebtedness or any part thereof, as the same shall become due and payable, the entire amount of the indebtedness contracted for herein shall be matured and shall be due and payable immediately, at the option of Lamar, and unless same is promptly paid, Lamar may, at its option, discontinue without notice the outdoor or transit advertising contracted for herein; provided, however, that such discontinuance shall not relieve the Advertiser or agency of the contract indebtedness. All payments in arrears shall bear interest at the highest contract rate permitted by law, not to exceed 11/2% per month. In addition, Advertiser shall pay Lamar all costs and expenses of exercising its rights under this contract, including reasonable attorney's fees of not less than 25% of the amount due, or $250.00, whichever is greater, and all reasonable collection agency fees. 6 This contract, all pages, constitutes the entire agreement between Lamar and Advertiser. Lamar shall not be bound by any stipulations, conditions, or agreements not set forth in this contract. Waiver by Lamar of any breach of any provision shall not constitute a waiver of any other breach of that provision or any other provision. Ii. Transit Conditions 1 111 i i i i i i i 1 i i i i 1 i i INITIALS iF '` PAGE 3 of 4 otog4 we/i.9/ 1. It is expressly understood that the Transit Provider, City or Authority, and LTA shall have the right to disapprove of any particular advertisements and thereby prevent their being displayed, especial y in instances in which the advertisement is adverse to The Transit Provider's interests or in poor taste, but this right of disapproval shall not be unreasonably exercised. If this right is exercised, the advertiser shall have no claim nor recourse against The Transit Provider or LTA. LTA reserves the right to terminate the contract for any reason at any time. 2. Periodically bus routes are changed. The Transit Provider and LTA cannot guarantee that the bus route that your advertising is on will remain the same but wil do its best to move your advertising to a new route. From time to time buses will brought in for servicing for a period of up to six (6) days. Route changes of service periods will not contribute to cancellation of this contract. 3. CANCELLATION: in the event of termination of the contract agreement between The Transit Provider and LTA, all unexpired portions of such advertising agreement shall be subject to cancellation. All contracts are non -cancellable by Advertiser unless otherwise agreed upon in writing. The cancellation privilge, if agreed upon in writing, must 3rovide that written notice reach LTA at least sixty (60) days prior to the date of the last invoice for which the Advertiser will be liable. 4. A leeway of five (5) working days from the accepted posting date is required to complete the posting of any display. Production should be shipped in time to arrive at least ten (10) days prior to the accepted posting date. Special Considerations: Special Provisions: THIS INFORMATION FOR OFFICE USE ONLY Invoice Start Date: 7/1/2024 Invoice End Date: 9/22/2024 Inv. Routing: Customer Inv. Exception: Not Set Hospitals and Medical Care - Health Product Code: Products & Medicine Split Billing: Nat'l Contract No: Political: Co-op: Multi -Mkt Selling AE: P.O.P Sales Manager: INITIALS _s i i i 11 i i i 11 i i i i i i i i i a0,24../‘,9/ PAGE 4 of 4 Ct Entity Information Entity Name* LAMAR COMPANIES Entity ID" @00033135 Q New Entity? Contract Name* Contract ID LAMAR MEDIA CONTRACT FOR A-35 MEDIA 8408 CAMPAIGN Contract Status CTB REVIEW Contract Description* LAMAR MEDIA CONTRACT FOR A-35 MEDIA CAMPAIGN Contract Description 2 Contract Type* CONTRACT Amount* $19,500.00 Renewable* NO Automatic Renewal Grant IGA Department HEALTH Department Email CM-Health@weldgov.com Department Head Email CM-Health- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Contract Lead BFRITZ Contract Lead Email bfritz@weld.gov;Health- Contracts@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Requested BOCC Agenda Due Date Date* 06/20/2024 06/24/2024 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Review Date* 06/01/2025 Committed Delivery Date Renewal Date Expiration Date* 09/30/2024 Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head JASON CHESSHER DH Approved Date 06/20/2024 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/24/2024 Finance Approver CHERYL PATTELLI Legal Counsel BRUCE BARKER Finance Approved Date Legal Counsel Approved Date 06/20/2024 06/20/2024 Tyler Ref* AG 062424 Originator BFRITZ Hello