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HomeMy WebLinkAbout20194945.tiffRESOLUTION RE: APPROVE CONTRACT FOR OUTDOOR ADVERTISING 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 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, commencing November 1, 2019, and ending June 30, 2020, 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 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of December, A.D., 2019, nunc pro tunc November 1, 2019. ATTEST: .NJ�, Weld County Clerk to the Board BY: APP Deputy Clerk to the Board ounty Attorney Date of signature: 12 /15(41 BOARD OF COUNTY COMMISSIONERS WEJ.D COUNTY, COLO DO bk-4-4/..Z.L— arbara Kirkmeyer, C it EXCUSED Mike Freeman, Pro -Tern c James Steve Moreno cc:t1L(TO) 1/to/2O 2019-4945 H L0051 nt .c+ mO 3aS'-7 Memorandum TO: Barbara Kirkmeyer, Chair Board of County Commissioners FROM: Mark E. Wallace, MD, MPH Executive Director Department of Public Health & Environment DATE: December 3, 2019 SUBJECT: Lamar Outdoor Advertising Contract for Billboards as part of Core Public Health Services and Opioid and Substance Use Prevention Funding from CDPHE For the Board's approval is an advertising contract for the placement of billboard messages in Weld County between Lamar Outdoor Northern Colorado (Lamar) and the Weld County Department of Public Health and Environment (WCDPHE). The Board recently approved a contract amendment with the Colorado Department of Public Health and Environment, that agreed to provide one-time funding to Weld County in the amount of $84,889.22 for opioid and substance use prevention between November 1, 2019, and June 30, 2020. One component of spending these funds is for a $20,000 "Marijuana is Not Harmless" billboard campaign in Weld County. Lamar Outdoor is the only agency that provides outdoor billboards in Weld County. The contract includes six (6) billboards scattered from Interstate 25 to Highway 34 to downtown Greeley, and then south along the Highway 85 corridor to Fort Lupton. Lamar has also agreed to provide six (6) additional billboards for free (other than the production cost) that may be pre-empted, but moved to another vacant space, if a paying customer purchases the space during the contract period. The duration of the billboard campaign, "Marijuana is Not Harmless", will run from December 23, 2019, to February 16, 2020, (8 weeks) and the free spaces from January 6, 2020, until March 1, 2020 (8 weeks). On November 14, 2019, Commissioner Freeman and Jennifer Finch both reviewed and approved the billboard creative, which has been attached to the contract for the Board's review. Assistant County Attorney, Karin McDougal, has reviewed this contract and determined that the terms are acceptable. Furthermore, this amendment was approved for placement on the Board's agenda via pass -around dated November 27, 2019. I recommend approval of this advertising contract with Lamar Outdoor Northern Colorado. 2019-4945 alt -©05l Northern Colorado 2649 East Mulberry Street Unit A20 Fort Collins, CO 80524 Phone: 970-493-4411 Fax: 970-493-4595 CONTRACT # 3334092 Date: 11/19/2019 New/Renewal: NEW Account Executive: Matthew Wells Phone: 970-493-4411 CONTRACTED DIRECTLY BY ADVERTISER Customer # 574827-0 Name WELD COUNTY DEPT OF HEALTH Address 1555 N 17TH AVENUE City/State/Zip GREELEY, CO 80631 Contact MARK WALLACE Email Address MWALLACE@WELDGOV.COM Phone # (970) 304-6415 Fax # P.O./ Reference # Advertiser/Product WELD COUNTY DEPT OF HEALTH Campaign Marijuana is not harmless Production/Other Services Department Plant Production Type Misc Service Dates # Billing Periods Invest Per Period Cost Vinyl 420 Lamar Outdoor Northern Colorado vinyl Vinyl 420 Lamar Outdoor Production of bonus material Northern Colorado 01/06/20 1 $2,000.00 01/06/20 $2,000.00 1 $2,950.00 $2,950.00 Total Production/Other Services Costs: $4,950.00 Space # of Panels: 12 Billing Cycle: Every 4 weeks Panel # TAB ID Market Location Ilium Media Type Size Misc 1 Service Dates # Billing Periods Invest Per Period Cost i 12085 225 -DENVER, CO 7410537 HWY 85 & WCR 52 ES SF Yes Junior 12' 0" x 25' 0" Bulletin 12/23/19-02/16/20 2 $750.00 $1,500.00 70278 420-GREELEY, CO 8TH AVE AT 25TH ST WS No Poster 10' 5" x 22' 8" 30644589 NF 12/23/19-02/16/20 2 $775.00 $1,550.00 72800 420 -FORT COLLINS, 1-25 1.6 MI S/O EXIT 265 Yes Junior 8' 0" x 16' 0" 30644725 CO AT 263.41 WS NF Bulletin 12/23/19-03/15/20 3 $2,100.00 $6,300.00 73201 420-PLATTEVILLE, HWY 85 .5 MI S/0 30644769 CO LASALLE WS NF Yes Junior 8'0"x19'0" Bulletin 12/23/19-02/16/20 2 $500.00 $1,000.00 73266 420-PLATTEVILLE, HWY 85 AT CR 40 ES SF No Perm 10' 0" x 30' 0" 30644807 CO Bulletin 12/23/19-02/16/20 2 $750.00 $1,500.00 73297 420-GREELEY, CO HWY 34 BYP W/O 83RD No Junior 8' 0" x 19' 0" 30644819 AVE NS WF Bulletin 73000 225 -DENVER, CO HWY 85 N/O FT LUPTON No 30643489 @ MP 242.88 ES NF 12/23/19-02/16/20 2 $1,000.00 $2,000.00 Junior 8' 0" x 16' 0" Design:Pre- 01/06/20-03/01/20 Bulletin emptable space available 2 $100.00 $200.00 70203 420-PLATTEVILLE, HWY 85 AT LASALLE ES 30644539 CO SF No Poster 10' 6" x 22' 9" Design:Pre- 01/06/20-03/01/20 emptable space available 2 $100.00 $200.00 70204 420-GREELEY, CO HWY 85 S/O 39TH ST ES Yes 30644540 NF Poster 10' 6" x 27 9" Design:Pre- 01/06/20-03/01/20 emptable space available 2 $100.00 $200.00 70216 420-GREELEY, CO HWY 85 BYP N/O 5TH ST Yes 30644548 WS NF Poster 10' 6" x 22' 9" Design:Pre- 01/06/20-03/01/20 emptable space available 2 $100.00 $200.00 73210 420-PLATTEVILLE, HWY 85 N/0 CR 34 ES 30644778 CO NF Yes Perm 10' 0" x 30' 0" Design:Pre- 01/06/20-03/01/20 Bulletin emptable space available 2 $100.00 $200.00 73502 420 -WINDSOR, CO Hwy 257 .6 Miles S/O 30806780 Crossroads Blvd. ES SF Yes Perm 10' 0" x 30' 0" Design:Pre- 01/06/20-03/01/20 Bulletin emptable space available 2 $100.00 $200.00 Total Space Costs: $15,050.00 Special Considerations: All locations that are $100 per period are pre-emptable space available. All ads must stay in Weld County. INITIALS i i i i i i i i i i i i i Total Costs: $20,000.00 1?47/ Page 1 of 3 Northern Colorado 2649 East Mulberry Street Unit A20 Fort Collins, CO 80524 Phone: 970493-4411 Fax: 970-493-4595 CON i' ACT Date: 11/19/2019 New/Renewal: NEW Account Executive: Matthew Wells Phone: 970493-4411 Advertiser authorizes and instructs The Lamar 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 Est. in consideration thereof, Advertiser agrees to pay Lamar all contracted amounts within thirty (30) days after the date of billing. Advertiser ackncwledges 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 soli -do with Advertiser for the full and faithful performance of Advertiser's obligations hereunder. Agency waives notice of default and consents to a extensions of payment. rume...nli.r. 1 THE LAMAR CcO l AMES I ACCOUNT EXECUTIVE: Matthew Wells M...••••••wW+uMw..w Barbara Kirkmeyer, Chair The undersigned representative or agent of Advertiser hereby warrants t he/she is the lv edia Buyer of the Advertiser and is authorized to execute this cor tract on behalf of the Advertiser. COUNT',"DEPT Or HEALTH by and through the Board of Weld County ommissioners o� DEC 9 :2131 This contract is NOT BINDING UNTIL ACCEPTED by a Lamar General !~Tanager. I ecr GENERAL MANAGE STANDARD 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. 4 4 �� . Copyright radernark: 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. Payment Terms, Lamar will, from time to time at intervals following commencement of services 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 attorney's fees plus a monthly service charge at the rate of 1.5% of the outstanding balance of the invoice to the extent 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: I€ 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 delver 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 shah be discontinued or suspended. In the case of illumination, should there be more than a 50% toss of illumination, a 20% pro -rata credit based on four week billing will be given. If this contract requires illumination, 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 data. 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 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. 6. Preemptabte Space: This contract is below market value; hence, the Advertiser is purchasing preernptable space. Lamar shall have the right to sell another Advertiser the space contracted for herein during the time period contracted for herein; in whole or in part, in order to display substitute advertising copy which it, in its sole discretion, deems necessary. In the event Lamar temporarily substitutes another Advertiser's copy for the Advertisers copy, Lamar will notify the Advertiser no later than one (1) day after the substitution has taken place, in this case., Lamar in its sole discretion will either (I) run the Advertiser's advertisement(s) for the same number of days as the advertisement was not run or (ii) refund to the Advertiser on a per diem basis for the time that the advertisement was not run. INITIALS 1HH Page .2 of 3 1 Northern Colorado 2649 East Mulberry Street Unit A20 Fort Collins, CO 80524 Phone: 970-493-4411 Fax: 970-493-4595 CONTRACT # 3334092 Date: 11/19/2019 New/Renewal: NEW Account Executive: Matthew Wells Phone: 970-493-4411 7. 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. 8. 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. 9. Materials/Storage: Production materials will be held at customer's written request. Storage fees may apply. 10. 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. 11. 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. 12. 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. 13. Assignment: Advertiser shall 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 9 01 Page 3of3 Marijuana harmless: A Coloradan is killed every 1/2 days in a marijuana related traffic crash Sit Name* LA Ma COMPANIES .Contract Nam} * AR. OUTDOOR :° D4L.: TPS Contract Status GTE REVIEW NG I Contraa Description* LAMAR OUTDOOR ADVERTISING Contract Descri Typ CONTRACT Amount* O Al Renewable5t Automatic. ewal �d Gram ICA End ID* @$0G3315 LLBLARDS CAM PI rikra Contract ID 32:7 Contract Lead* TGEISER Contract Lead Email tg bb r. c .w dd.:o.. ....... New Enti, Parent Contrac Requires YES tD oard A� r v : Department Noject BILLBOARDS CAMPAIGN FOP SUBSTANCE ABUSE °REVE T O De artment HEALTH .Depanment Email M_H98Ithw ld ay..corn DepartmentHead Email CM -H l :- e Head 'we dgov.. co Conn Attorney GENERAL COUNTY ATTORNEY EMAIL C un :AttorneyEmail C COUT °ATTORNE @WELD GOV. COM i If this is a renewal. enter previous Contract ID If this is of a MS* : ter MA Conr ID Requested OCg [ tel. 12/0912019 Wil NO enda Due Date 12/05/2019 a work s;sion with MCC be required?* Daes Contract regt.ire Purcha n NO Note: the Previous us ontr act Number and Master Services Agreement OnBase se Effective Date 1212312019 Termination: N. uce Period Review Date* 024 1/2020 ommitt• ive Date umber should De to be include ? be left blank if those contracts are not in Renewal Date piratic 03/201/2020 Date t I • :Contact Name Contact Type Contact Ernai I Contact Phone. I Contact Phone 2 Purchasing Approver ryer Department t Head r RYA GEISER DH Approved I 210312019 Date Final Appiroval EOCC Approved OCC Signed Date BOCC A e:. Dare 12/09/2019 Originator GE ER RI Finance Approver BARB CONNOLLY Purchasing Approved Finance Approved Date 121 0412019 Tyler Ref AG 120919 Date Legal Counsel KA l CDOUGAL Le at Counsel Approved 12/G412019 Date Hello