HomeMy WebLinkAbout20180161.tiffADVERTISEMENT AGREEMENT
UNION COLONY CIVIC CENTER
This Advertisement Agreement is entered into this / V day of - t
MA by and between the City of Greeley, Colorado (the "City") a > Weld C ' my
Department of Human Services, Child Welfare Division ("Advertiser") for the placement of
advertisement copy in the Union Colony Civic Center lobby during the 2018 Spring Season,
ending April 17, 2018.
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 half season and shall commence January
20, 2018 and shall terminate in April 17, 2018.
2. Option to Renew. The City hereby grants the Advertiser the option to renew this
Agreement 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 he in those amounts and
time periods established by the City. Advertiser shall exercise this option to renew by July 2018.
3. Advertising Designated Size and Location. The City hereby grants the Advertiser
the right to place only City approved advertising content and materials in the UCCC lobby
during the 2"a half of the 2017/2018 Season of Shows, beginning with An Evening with
Groucho on 1/20/18, and ending with The Great Gatsby on 4/16/18: 34" x 84" inch pop
up banner to be provided by advertiser for the shows listed above (7 total shows).
4. Payment. Advertiser shall pay to the City the sum of S 500.00, payable to the
Union Colony Civic Center as follows:
Full payment is due at the time of receipt of invoice.
Subject to paragraph 8, all payments are non-refundable and shall not be prorated, 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.
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 the Union Colony Civic Center's program
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6. City of Greeiey's Culture, Parks and Recreation Advertising Rules and Regulations.
Advertiser hereby agrees that Advertiser has read, understands and, excepts as modified and/or
superseded in this Agreement, agrees to adhere and be bound by the Culture, Parks, and
Recreation Advertising Rules and Regulations, a copy of which is attached hereto as Exhibit A
and incorporated herein by reference.
7. 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. 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.
8. ges and Attorney'sAnorney's Fees. Advertiser hereby agrees that, in the event of breach
of this Agreement by the City, or for any other cause of action or any nature of kind, that
Advertiser's damages are expressly limited to pro -rata refund of payments made by Advertiser
pursuant to paragraph 3 above. In any action to enforce the terms of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees and costs.
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.
DONE AND DATED as first written above, in the City of Greeley, County of Weld, State of Colorado.
THE CITY OF GREELEY, COLORADO ADVERTISER:
APPROVED:
By:
Weld County Department of Human Services
Child Welfare Division
md. j30.004
Culture arks and Recreation of Title:
Printed Name: Me slan
6 s 2.1 an O
Mailing Address: [( 5 0 _ j J I '&+
&cee l e(1 Go '0 (o 3
Telephone: C gip) 400- ` 'Z /.9
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ADVERTISEMENT AGREEMENT - UNION COLONY CIVIC CENTER
ATTEST:
Weld C
BY:
APP
nt
Controller Elec ed Official or Department Head
;e1 BOARD OF COUNTY COMMISSIONERS
e =oar �� WELD COUNTY, COLORADO
APPROV AS TO FOR :
County Attorney
'e Moreno, Chair
ROVED AS TO SUBSTANCE:
ozo/e- 0/61
Exhibit A
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 leisure 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,
i.e. Recreation Connection, dasherboards, etc.
2. Advertisers whose products directly meet our goals, (i.e. leisure 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.
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.
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