HomeMy WebLinkAbout20211597.tiffRESOLUTION
RE: APPROVE LOCAL MARKETING AGREEMENT FOR WELD COUNTY FAIR AND
AUTHORIZE CHAIR TO SIGN - T -MOBILE USA, INC.
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 Local Marketing Agreement for the
Weld County Fair between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the CSU Extension Service of Weld County,
and T -Mobile USA, Inc., 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 Local Marketing Agreement for the Weld County Fair between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, on behalf of the CSU Extension Service of Weld County, and T -Mobile USA, Inc.,
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 21st day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: V.4:d4A) .,,X 1o4;64
Weld County Clerk to the Board
ounty torney
Date of signature: OC..
cc:ex(w- use)
07/ob/21
2021-1597
EX0030
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: T -Mobile Sponsor Agreement with Weld County Fair
DEPARTMENT: CSU Extension
PERSON REQUESTING: Larry Hooker/ Jenette Masarie
DATE: June 15, 2021
Brief description of the problem/issue:
T -Mobile is sponsoring a day at the Fair this year, and we have agreed on various marketing/
recognition for them at the fair.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
There are no costs to this agreement, T -Mobile is just a sponsor to Weld County Fair.
Recommendation:
Weld County Fair recommends that we accept the agreement T -Mobile has sent to us regarding
Sponsorship for the 2021 Weld County Fair.
Perry L. Buck
Mike Freeman
Scott K. James, Pro-tem
Steve Moreno, Chair
Lori Saine
Approve Schedule
Recommendation Work Session
rict
Other/Comments:
2021-1597
2,X0030
LOCAL MARKETING AGREEMENT
This Local Marketing Agreement, along with the Standard Terms and Conditions attached as Exhibit A and the
Health and Safety Guidelines attached as Exhibit B (collectively, "Agreement"), effective as of the date of full
execution ("Effective Date"), sets forth the terms and conditions between the Weld County Board of
Commissioners ("Producer") and T -Mobile USA, Inc. ("T -Mobile"), regarding T -Mobile's partnership,
sponsorship, or other engagement with Producer in connection with the 103rd Weld County Fair ("Promotion").
1. Promotion Date(s) and Time(s): July 24, 2021 through August 2, 2021.
2. Promotion Location(s): Exhibition Hall, 525 N. 15th Ave., Greeley, CO 80631 (the "Venue").
3. Promotion Website and Social Media(s): https://www.weldcountyfair.com/Home.
4. Rights/Benefits to T -Mobile ("Rights/Benefits"):
a. T -Mobile will be a Diamond Sponsor of the Promotion.
b. Producer will name July 31 "T -Mobile Day at the Fair!"
c. Producer will provide space at the Venue for promotion of T -Mobile's goods and services. T -Mobile
may brand the area with T -Mobile displays, charging stations, and signage. T -Mobile will receive
admission for a reasonable number of T -Mobile employees or agents to staff the area.
d. Producer will display the T -Mobile logo and full -page advertisement in the Promotion's Digest
Book.
e. Producer will display three T -Mobile banners on the Venue's Livestock Show rings.
f. Producer will display the T -Mobile logo on the Livestock Show TV screens.
g. Producer will display the T -Mobile logo on the Promotion website.
5. Producer will follow all CDC, State of Colorado, Colorado Department of Public Health and
Environment, and local guidelines as pertains to COVID-19 and all safety guidelines.
6. Producer will comply with Exhibit B in connection to all COVID-19 regulations and government
guidance in connection to the Promotion.
7. Fee: T -Mobile will pay $10,000.00 to Producer for the above outlined Rights/Benefits. Producer may
invoice T -Mobile after full execution of this Agreement. T -Mobile will pay Producer within 60 days
following receipt of invoice. T -Mobile may pay any invoice with a credit card, without upcharge or
processing fee.
(Signature page follows.)
Page 1 of 4
O21 - /5 97
DocuSign Envelope ID: C1F5CB9C-60DA-40E8-675-E5D7BFBBDFAF
Accepted and Agreed to by:
T -Mobile U DI�§igned by:
By: LLwt
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Name:
Date:
Irene Kieweg
6/21/2021
DocuSianed by:
Weld County eLC,9mmissioners
By:
Name:
Date:
‘----BCyn-C8RFac, I4F2...
Steve Moreno
6/21/2021
-ucl.u000r4cv94au...
Notice Addresses:
If to T -Mobile:
T -Mobile USA, Inc.
If to Producer:
Weld County Board of Commissioners
12920 SE 38th Street
Weld County Fair
Bellevue, WA 98006
525 N. 15`h Ave.
Email: heidi.hubbell@t-mobile.com
Greeley, CO 80631
Attn: Regional Marketing Manager
Tel: 970-400-2069
Email: jmasarie@weldgov.com
With a copy of legal notics:
Attn: Jenette Masarie
Attn: General Counsel
Page 2 of 4
020021- 1- /5.97
EXHIBIT A
In addition to the foregoing, the parties agree to the following Standard Terms and Conditions:
1. Promotion: T -Mobile will participate in the Promotion and
Producer will provide the Benefits specified above to
T -Mobile in connection with the Promotion in accordance with the
terms set forth in this Agreement.
2. Representations and Warranties: The parties have the full
right and legal authority to enter into and fully perform this
Agreement in accordance with its terms. T -Mobile shall have no
responsibility for the operation of the Promotion, including the
operation of the Promotion in compliance with all applicable laws
and regulations and the safety and security of any visitors to or
participants in the Promotion. Producer further represents and
warrants that it is responsible for securing any required license or
permits to conduct the Promotion, that any materials and/or
content it creates pursuant to this Agreement will not infringe on
any third -party rights.
3. Use of Trademarks: T -Mobile grants to Producer a limited,
personal, non-exclusive, non -assignable, revocable, non-
sublicensable, royalty -free license or sublicense (as applicable) to
use and reproduce the T -Mobile trademarks and logos provided by
T -Mobile (the "T -Mobile Marks") solely in connection with
Producer's performance of its obligations hereunder during the
term of the Promotion and such use is subject to T -Mobile's Marks
Rules available at https://www.t-
mobile.com/responsibi I ity/legal/trademarks. Producer hereby
grants T -Mobile the right to use Producer's trademarks, logos, and
trade names (as provided by Producer) as necessary for T -Mobile
to exercise its rights of Benefits as set forth herein. Each party
retains complete ownership of, all trademarks, logos, designs,
copyrights, trade names, and all other intellectual property rights
which it owns or has rights to and which are used in any way in
materials in connection with this Agreement.
4. Media: Any and all media advertising content produced by
Producer that refers to T -Mobile or includes any T -Mobile Marks
or mentions T -Mobile ("Media") and is intended to run on any
public platform (including, but not limited to, tv, radio, print, out
of home, web, or social media, whether paid or unpaid), shall
require the prior written approval of the content by T -Mobile. If
T -Mobile provides Media to Producer, Media shall not to be
altered by Producer, or any other third -party, without the express,
prior written consent of T -Mobile.
5. Sweepstakes: Producer will be responsible for all aspects of
any sweepstakes or prize giveaways conducted as part of the
Promotion (each, a "Sweepstakes"), including without limitation,
compliance with all applicable laws, the collection of entries,
preparation of rules, winner selection, obtaining appropriate
releases from winners, and prize fulfillment. All Sweepstakes
materials are subject to T -Mobile's prior written approval;
provided however such approval is not a representation or
warranty by T -Mobile that the Sweepstakes complies with
applicable laws, rules, or regulations.
6. Intentionally omitted.
7. Termination: Either party may terminate this Agreement in
the event of a material breach by the other party. In addition,
T -Mobile may terminate this Agreement for any reason with five
days' notice. On any termination, Producer will refund the pro rata
portion of any unearned prepaid Fees or T -Mobile will owe the
pro rata portion of any Fees earned prior to termination.
8. Force Majeure: If because of an act of God, inevitable
accident, fire, lockout, strike or other labor dispute, riot or civil
commotion, act of terrorism or war, act of government or
government instrumentality, or other cause beyond the reasonable
control of a party ("Force Majeure Event"), either party is unable
to perform any or all of its obligations hereunder, then such
nonperformance will not be a breach of this Agreement. If due to
a Force Majeure Event, T -Mobile does not receive all the
Rights/Benefits, Producer will provide T -Mobile with a
reasonably equivalent make good or a pro -rata refund of the Fee
paid, to be chosen at T -Mobile's sole discretion.
9. Miscellaneous: This Agreement constitutes the whole and
entire Agreement between the parties with respect to the subject
matter of this Agreement and it shall not be modified or amended
in any respect, except by a written instrument executed by both
parties. This Agreement shall be governed by the laws of the State
of Washington, without regard to conflicts of law provisions, and
the parties consent to the exclusive jurisdiction and venue of the
state courts located in King County, Washington or the federal
courts in the Western District of Washington. The parties agree
that the terms of this Agreement are confidential and shall not be
disclosed unless required by law. All notices required or permitted
hereunder shall be in writing and may be emailed, personally
delivered, sent by reputable overnight courier or certified mail,
return receipt requested, or sent by fax and confirmed by fax
answerback and in each case addressed to the parties using the
contact information at the beginning of this Agreement.
Page 3 of 4
EXHIBIT B
Health and Safety Guidelines
Producer will comply with the following guidance and obligations in regards to the public safety in connection
to COVID-19 ("COVID") for the outlined Promotion:
1. Producer will follow, and ensure all Producer staff and attendees of Promotion follow, all CDC, State
of Colorado, Colorado Department of Health and Environment, and local guidelines as it pertains to
COVID and all safety guidelines.
2. Producer and T -Mobile will require T -Mobile personnel attending the Promotion to follow all CDC, the
State of Colorado, Colorado Department of Health and Environment, and local guidelines as it pertains
to COVID and all safety guidelines.
3. Without limiting the foregoing, Producer will ensure that any T -Mobile booth will be located at least
twelve (12) feet from any other booth or vendor.
Page 4 of 4
LOCAL MARKETING AGREEMENT FOR WELD COUNTY FAIR - T -MOBILE USA, INC.
APPROVED AS TO S BSTANCE:
Elected Offi. or Department Head
APPROVED AS TO FUNDING:
Controller
APPROVED AS TO FORM:
County Attorney
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