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Home My WebLink About20220751.tiffRESOLUTION RE: APPROVE ADVERTISEMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN - CITY OF GREELEY 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 Advertisement Agreement 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 Human Services, Weld County Youth Conservation Corps, and the City of Greeley, commencing March 1, 2022, and ending March 1, 2023, 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 Advertisement Agreement 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 Human Services, Weld County Youth Conservation Corps, and the City of Greeley, 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 9th day of March, A.D., 2022, nunc pro tunc March 1, 2022. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ddthiv jdo•ok Weld County Clerk to the Board BY: APP Lori S County Attorney Date of signature: OVIV Scot f K James, Chair 7al, Mike Freeman, Pro-Tem EXCUSED Perry L. Buck cc:NSD 4N/29. 2022-0751 HR0094 Ccn+voc+ ID45(ol3 PRIVILEGED AND CONFIDENTIAL MEMORANDUM DATE: February 22, 2022 TO: Board of County Commissioners — Pass -Around FR: Jamie Ulrich, Director, Human Services RE: Advertisement Agreement with the City of Greeley for Weld County Youth Conservation Corps (WCYCC) Recruitment Please review and indicate if you would like a work session prior to placing this item on the Board's agenda. Request Board Approval of the Department's Advertisement Agreement with the City of Greeley for Weld County Youth Conservation Corps (WCYCC) Recruitment. The Weld County Youth Conservation Corps (WCYCC) is requesting to continue with the advertisement agreement for a second year with the City of Greeley Culture, Parks, and Recreation Department for recruitment advertising. This is a non -financial agreement as the City will not be charging the Department for this service. The advertisement materials will include the following: Greeley Ice Hause — 6'x6' Wall Banner Greeley Recreation Center — Television Advertisement The Rodarte Community Center — Television Advertisement Twin Rivers Softball Complex — 6'x6' Fenceline Banner Butch Butler Baseball Field — 6'x6' Fenceline Banner I do not recommend a Work Session. I recommend approval of this Agreement and authorize the Chair to sign. Approve Recommendation Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine Schedule Work Session Other/Comments: Pass -Around Memorandum; February 22, 2022 — CMS ID 5613 Pont. I 2022-0751 63/Oci 0.0094 DocuSign Envelope ID: F6791CD9-CCF6-4B0E-8A46-3602C1C16BC5 ADVERTISEMENT AGREEMENT CULTURE, PARKS, AND RECREATION DEPARTMENT This Advertisement Agreement is entered into this " l day of IA aXC11 2022 by and between the City of Greeley, Colorado (the "City") and AmeriCorps — Weld County Youth Conservation Corps ("Advertiser") for the placement of advertisement copy and materials within the public improvements known as the Greeley Recreation Center, the Rodarte Community Center, Twin Rivers Softball Complex, the Greeley IceHaus, and Butch Butler baseball field. IN CONSIDERATION OF THE MUTUAL COVENANTS AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED BY THE PARTIES, THE PARTIES AGREE AS FOLLOWS: 1. Term. The term of this Agreement is for a one (1) year period and shall commence on the March 1, 2022 and shall terminate on the 1st day of March, 2023. 2. Option to Renew. The City hereby grants the Advertiser the option to renew this Agreement for one additional one (1) year term upon the same terms and conditions as this Agreement, with the exception that the payment amounts and payments due dates for said renewal period shall be in those amounts and time periods established by the City. Advertiser shall exercise this option to renew no later than sixty (60) days prior to the expiration of the term stated above or said option shall expire sixty (60) days prior to the end of the term. 3. Advertising Designated Location. The City hereby grants the Advertiser the rightto place only City approved advertising content and materials on the designated area shownin Exhibit A known as: • Greeley IceHaus wallbanner (6'x 6') • Greeley Recreation Center Reach TV advertisement (1280 x 720pixels) • The Rodarte Community Center Reach TV advertisement (1280 x 720 pixels) • Twin Rivers Softball Complex fenceline banner (6' x 6') • Butch Butler baseball field fenceline banner (6' x 6') 4. Payment. Advertiser shall pay to the City the sum of $0.00, payable as follows: A. $0.00 for the non-refundable production costs as shown on Exhibit B, attached hereto and incorporated herein by reference. B. $0.00 on or before March 1, 2022 for the advertising fees associated with above signage. Department has agreed to waive normal advertising fees for one year. All payments are non-refundable, except if Advertiser assigns this Agreement to an Advertiser for the remaining term of this Agreement, and said assignment is approved and accepted by the City. 02,001 -0751 DocuSign Envelope ID: F6791CD9-CCF6-4B0E-8A46-3602C1C16BC5 5. Payment of Costs and Expenses. In addition to the payments stated in paragraph 4 above, Advertiser is solely responsible for all additional costs and expenses of any nature or kind associated with the design, production and placement of such advertising materials, including any and all replacements or substitutions of said advertising materials, no matter what the cause or reason requiring or requesting such replacement. All advertising materials must be approved by the City prior to placement of the materials in any of the Culture, Parks, and Recreation facilities. 6. Greeley FunPlex and IceHaus Identification. The name "Greeley Family FunPlex" (either alone or together with the FunPlex Logo) or "Greeley IceHaus" (either alone or together with the IceHaus logo) must be used when referring to the FunPlex or IceHaus in any advertising, marketing materials, event tickets, broadcasts, announcements and press releases ("materials") mentioning or referring to this Agreement or the placement of Advertiser's advertising in the Greeley Family FunPlex, Greeley IceHaus or other Culture, Parks, and Recreation location. All such materials must be approved in writing by the City in advance of distribution or placement by Advertiser. 7. City of Greeley Culture, Parks, and Recreation Department Rules and Regulations. Advertiser hereby agrees that Advertiser has read, understands and, except as modified and/or superseded in this Agreement, agrees to adhere and be bound by the City of Greeley Culture, Parks, and Recreation Department Advertising Rules and Regulations, a copy of which isattached hereto as Exhibit C and incorporated herein by reference. 8. Default. In the event there is a breach of any of the terms and conditions of this Agreement, and Advertiser does not cure said default within ten (10) calendar days after written notice from the City, then in that event, this Agreement shall terminate. Upon termination, the City shall remove any and all advertised materials of Advertiser and dispose of the same all without notice or payment to the Advertiser for the cost of said materials and/or advertising removed. Upon termination, no refunds of any payments will be made to Advertiser unless Advertiser has obtained and City has approved an assignee to this Agreement, pursuant to paragraph 4 above. 9. Venue/Governing Law. Venue for all actions regarding this Agreement shall be in the County of Weld, State of Colorado. Colorado law shall govern all interpretations of this Agreement. DocuSign Envelope ID: 86CE2F9D-279D-4AA8-BOOF-EA768BAC2F23 DocuSign Envelope ID: F8791 CD9-CCF8 4B0E-8A46-3802C1 C168C5 DONE AND DATED as first written above, in the City of Greeley, County of Weld, State of Colorado. THE CITY OF GREELEY, COLORADO: APPROVED: —Docusigned by: By:_ Interin�604EAF93Do15465... e, Parks, and Recreation Sly bbd 3/22/2022 —DocuSigned by: By:_ Scoff SCLURUkkrl RecreN— EF228 D7348B54CC... ADVERTISER: /10/2022 COUNTY: ATTEST:'e•ABOARD OF COUNTY COMMISSIONERS lerk to the Board WELD COUNTY, COLORADO BY: Deputy Cler K. James, Chair MAR 0 F 2022 �aa_D75/ DocuSign Envelope ID: F6791 CD9-CCF6-4B0E-8A46-3602C 1 C 16BC5 Rut Gala Exhibit A Americorps signage will be placed at the following fields & facilities at an available location, TBD by facility or field supervisors. TWIN RIVERS SOFTBALL COMPLEX a t FIELD 1 i Butch f tttlet Rant hal: P ic•icf The Greeley IceHaus WI)1 Will B3 W114 V4. H5 %V' B6 W 07 WB8 DocuSign Envelope ID: F6791CD9-CCF6-4B0E-8A46-3602C1C16BC5 EXHIBIT B CULTURE, PARKS AND RECREATION PRODUCTION COSTS AND EXPENSES I. Non -Refundable Production Cost Fee to be collected in 2022 — None at this time. Pre-existing signage in use. A. Art fee. B. One — time set up fee. C. One — ad design proof. A 48 -hour review of proof is provided to Advertiser. D. One — final product received within ten (10) days. After product is City approved and accepted, banner will be installed by City at the designated location. II. Advertiser's Additional Costs A. If Advertiser does not submit a proposed design and/or desires its logo to be designed by the production designer, additional charges of $50.00 per hour (one hour minimum) are assessed and payable in addition to the fee stated in Section I above. B. Pursuant to paragraph 4, any and all other fees, costs and expenses in addition to the costs and fees stated in Section I above, are the sole responsibility of Advertiser. DocuSign Envelope ID: F6791CD9-CCF6-4B0E-8A46-3602C1C16BC5 Exhibit C City of Greeley Culture, Parks, and Recreation Department ADVERTISING RULES & REGULATIONS The goals of the Culture, Parks and Recreation Department are (1) to provide opportunities to learn life skills and (2) to encourage residents to maintain healthy lifestyles. In an effort to financially support these goals, the Department may sell advertising in printed publications or within facilities. The images portrayed in all advertising are a direct reflection on the City of Greeley and should work toward the Department goals. The following parameters set forth the Culture, Parks and Recreation Departments' expectations and requirements of anyone who wishes to advertise with the City of Greeley. 1. Advertising must be submitted by posted deadlines in the format as specified by the advertising venue contract. 2. Advertisers whose products directly meet our goals, (i.e. life skills, fitness products, health services) will be sought out by the City and shall have priority over non -goal specific advertising. This determination is made upon a case -by -case basis by the Culture, Parks and Recreation Department. 3. The City logo or profile will take precedence over recognition to sponsors in advertising, signage, announcements, etc. 4. Sales of advertising or signage space in or on City owned facilities and printed materials, like the City Connection, which involve the straight purchase of advertising space sold at set rates do not imply a reciprocal partnership arrangement. 5. Advertising spaces in City Publications and Facilities are not a public forum, and the Department reserves the right to edit advertising for content and to decline advertising contracts based on available advertising space, advertising product, ad copy content and graphics. 6. The City reserves the right to decline any proposed sponsorship from companies whose product or public image may be deemed "sensitive". "Sensitive" sponsorships shall include but are not limited to: a. Advertising that promotes hostility, disorder, or violence. b. Advertising that attacks ethnic, racial or religious groups. c. Advertising that demeans, harasses or ridicules any person or group of people on the basis of gender. d. Advertising shall not be untruthful or libelous. e. Advertising that inhibits the function of the Culture, Parks, and Recreation Department or its facilities, programs or events. f. Advertising that promotes either favoring or opposing the candidacy of any candidate for election. g. Advertising that is offensive, obscene or pornographic as feigned by prevailing community standard throughout the City of Greeley. h. Advertising that promotes the use of drugs and alcohol. i. Advertising that promotes any religious or political organization. DocuSign Envelope ID: F6791CD9-CCF6-4B0E-8A46-3602C1C16BC5 J. Advertising that interferes with any current Culture, Parks and Recreation Department advertising or marketing programs. 7. Ads shall not indicate or reference an advertiser's competitor in any way. This determination shall be made subject to the opinion of the City, (i.e. no disparaging remarks, no comparisons of products). 8. Ads should keep the Department goals in mind: encourage residents to live full, healthy lives. 9. All "ad copy" contents and graphics must be approved by the Department before use. If an advertisement is declined by the Department, the advertiser will have 48 hours to resubmit ad copy & graphics with the necessary corrections or the reserved space will be forfeited. 10. Once "ad copy" has been accepted by the Department, the ad will be included in the publication, and a proof is submitted to the advertiser for final approval. The advertiser has 48 hours to provide changes or corrections, or the Department will run the ad as shown on the proof. 11. Advertisers may sign a contract as set forth in each advertising venue term. At the end of the contract, the Department may choose to seek renewal from the advertiser, or may enter into a contract for the same placement with a different advertiser. 12. Advertiser will be billed. Payment is due within 30 days of invoice. If payment is not made within 30 days, the contract will be considered void. 13. The Department may choose to solicit exclusive advertisers who pay a premium rate in order to be the only advertiser in a particular category. (i.e. the only massage therapist). 14. If the City has or will acquire Naming Rights to a City facility, such Naming Rights may impact the ability of a competitive advertiser to advertise in that City Facility and/or in areas associated directly with that facility. Contract Form New Contract Request Entity Information Entity Name* CITY OF GREELEY Entity ID* .00001551 Contract Name* CITY OF GREELEY (ADVERTISEMENT AGREEMENT) Contract Status CTB REVIEW ❑ New Entity? Contract ID 5613 Contract Lead* HLOONEY Contract Lead Email hlooneyOweldgov.com;cobb xxlkveldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* ADVERTISEMENT AGREEMENT FOR WCCYC RECRUITMENT ADVERTISING AT SIX CITY RECREATION FACILITIES. NON- FINANCIAL. TERM: 3/1/2022-3/1/2023. (NOTE: 60 DAY RENEWAL NOTICE TO THE CITY REQUIRED FOR OPTION TO RENEW). Contract Description 2 PA ROUTING THROUGH NORMAL APPROVAL PROCESS. ETA TO CTB 2 /24!2022. Contract Type* AGREEMENT Amount* $0.00 Renewable* NO Automatic Renewal IGA Department HUMAN SERVICES Department Email CM- HurnanServices@weldgov.co m Department Head Email CM-HumanServices- DeptHeadaweldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY 'WELDG OV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date* 03, 09x'2022 Due Date 03/05,12022 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 On Base Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Review Date* 11;03;2022 Committed Delivery Date Renewal Date Expiration Date* 02;28;2023 Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Approver Purchasing Approved Date Approval Process Department Head JAMIE ULRICH OH Approved Date 02;282022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 03/09/2022 Originator HLOONEY Finance Approver CHRIS D'OV1DIO Legal Counsel CAITLIN PERRY Finance Approved Date Legal Counsel Approved Date 03,02/2022 03'02/2022 Tyler Ref # AG 030922 Hello