The URL can be used to link to this page

Home My WebLink AboutC05-095 Colorado Mountain News Media U-5~~q6"'/( ADVERTISING AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND COLORADO MOUNTAIN NEWS MEDIA 'f'I'w{)A./ THIS AGREEMENT ("Agreement") is entered into thiStJ..~~y of , 2005, by and between Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "County") and Colorado Mountain News Media, a division of Swift Publishing (hereinafter "CMNM"). WITNESSETH WHEREAS, CMNM owns various Colorado publications including The Aspen Times, Aspen Times Weekly, The Valley Journal, Snowmass Village Sun, Glenwood Post Journal, Summit Daily News, Summit County Journal, Vail Daily, Eagle Valley Enterprise, Leadville Chronicle, Vail By Mail, The Vail Trail, and Mountain Weekly; and WHEREAS, County desires to purchase advertising space with CMNM at a guaranteed and fixed rate as set forth herein; and WHEREAS, both County and CMNM desire to enter into this Agreement and each party has the authority to enter into this Agreement. AGREEMENT NOW THEREFORE in consideration of the mutual covenants and obligations hereinafter set forth the parties agree as follows: l. TERM. The term of this Agreement shall be one (1) year. The parties agree that the Agreement commenced on February 1,2005 and shall end on January 31, 2006. 2. COUNTY'S OBLIGATIONS. In consideration of the fixed rates guaranteed by CMNM throughout the term of this Agreement, County agrees to purchase from CMNM a minimum of Sixty Eight Thousand, Two Hundred and Fifty Dollars ($68,250.00) of advertising space from February 1,2005 through January 31, 2006. Any and all advertising space purchased by the County in any CMNM publication, including but not limited to classified advertisements, display advertisements, legal display and legalliner advertisements, and Internet advertisements, shall be applied to meet this $68,250.00 commitment. 1 3. CMNM'S OBLIGATIONS. CMNM agrees to guarantee to County the following advertising rates for the 12-month term of this Agreement: Rates Internet Advertising See Exhibit "A" attached hereto and incorporated by reference. Display Advertising in all CMNM Publications See Exhibit "B" attached hereto and incorporated by reference. Classified Advertising in all CMNM Publications See Exhibit "B" attached hereto and incorporated by reference. Legal Display and Legal Liner Advertising See Exhibit "C" in the Eagle V alley Enterprise attached hereto and incorporated by reference. 4. EARNED CREDIT/RA TE ADJUSTMENTS. In the event that the County exceeds the next commitment level, spending $115,250.00 or more in advertising purchases, the County shall earn a credit for each advertisement placed during the term of this Agreement. The earned credit amount shall be the difference, per advertisement, between the price paid by the County at the $68,250.00 commitment level and the price for the advertisement at the next higher commitment level. See Exhibit "B" for rates and the corresponding commitment levels. The earned credit rate adjustment shall be applicable to all advertisements placed throughout the term of this Agreement. In the event that the County drops below the next commitment level, spending $28,500.00 or less in advertising purchases, the County shall pay to CMNM the difference, per advertisement, between the two commitment level rates. See Exhibit "B" for rates and the corresponding commitment levels. Earned crediUrate adjustments from 2005/2006 advertising shall be determined at the end of the contract period, on or before February 15,2006. If an earned credit balance exists, CMNM shall remit a check for the full amount of the earned credit, made payable to Eagle County on or before March 15,2006. 5. ACCOUNT CODES. Departments of Eagle County Government to be incorporated into this Agreement include but are not limited to the following. CMNM agrees to include Account Codes, as listed below, on all invoices sent to County: Department Account Code 2 Eagle County Administration eacoadmi Eagle County Airport eCaJrpo Eagle County Animal Services eagcoam Eagle County Assessor ecassess Eagle County Attorney ecattyof Eagle County Clerk and Recorder eagcoclr Eagle County Commissioners eccommlS Eagle County Community Development eccommde Eagle County CSU Extension csucoext Eagle County ECO Trails ecotrail Eagle County Engineering ecengme Eagle County Environmental Health eagcoenv Eagle County Facilities ecfacdis Eagle County Fairgrounds (Including Fair and Rodeo) ecfair Eagle County Finance eagcofin Eagle County GIS eacougls Eagle County Health and Human Services echealth Eagle County Housing echousde Eagle County Human Resources echumare Eagle County Innovation and Technology eagcomn Eagle County Landfill and Recycling eclan dfi Eagle County Marketing and Communications ecmarcom Eagle County Planning Di vision ecplandi Eagle County Public Trustee eacopubt Eagle County Regional Transportation ecregitr Eagle County Road and Bridge eacounro Eagle County Sheriff ecsherif Eagle County Senior Services ecsenser Eagle County Treasurer eactytre Eagle County Weed and Pest ecweepes 6. ADVERTISING PLACEMENT PROTOCOL. (a) In all cases, the County department placing an advertisement shall provide an account code as set forth in Paragraph 5. (b) If placing the advertisement via e-mail, the account code shall be typed in the subject line of the email. Dates and publication shall be included in the body of the email. Email orders should be directed to cbukovich@cmnm.org. (c) If placing the advertisement via facsimile, the account code shall be placed on the cover page of the fax. See Fax Order Template, attached hereto and incorporated by reference as Exhibit "D". 3 (d) If placing the advertisement via telephone, the account code shall be gi ven in order for the ad to be scheduled properly. Telephone orders should be directed to Carole Bukovich at 970.328.6333 ext. 2800. (e) CMNM agrees, at no charge, to include tear sheets with invoices for each advertisement placed by County. 7. NOTICE. Any notice, demand or communication which either party may desire or be required to give other party shall be in writing and shall be deemed sufficient if delivered personally or sent by certified first class US mail, postage prepaid, addressed as follows: Eagle County: Jack Ingstad Eagle County Administration 500 Broadway Post Office Box 850 Eagle, CO 81631 Phone: (970) 328-8605 Fax: (970) 328-8629 J ack.ingstad@eaglecounty.us CMNM: Vail Daily Andrea L. Palm-Porter PO Box 81 Vail, CO 81658 Phone: (970) 949-0555 ext. 400 Fax: (970) 949-7094 andrea@vaildaily.com Either party has the right to designate in writing served as provided above a different address to which any notice, demand or communication is to be mailed. 8. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior agreements, proposals, negotiations and representations pertaining to the obligations to be performed hereunder. 9. MISCELLANEOUS. (a) SEVERABILITY. If any clause or provision of this Agreement shall be held to be invalid in whole or in part, then the remaining clauses and provisions, or portions thereof, shall nevertheless be and remain in full force and effect. (b) AMENDMENT. No amendment, alteration, modification of or addition to this Agreement shall be valid or binding unless in writing and signed by the parties to be bound thereby. 4 10. ATTORNEY FEES. If any party hereto shall bring any suit or action against the other for relief arising out of this Agreement, the prevailing party shall have and recover against the other party its costs and reasonable attorney's fees. 11. GOVERNING LA W. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado. Exclusive jurisdiction and venue for any legal proceedings related to this Agreement shall be in the District Court of Eagle County, Colorado. 12. APPROPRIATIONS. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement nor shall any payment be made to Consultant for any period after December 31 of each calendar year during the term of this Agreement without an appropriation by County in accordance with a budget adopted by the Board of County Commissioners in compliance with applicable law. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first set forth above. EAGLE COUNTY: COUNTY OF AGLE, STATE OF COLORADO, By and T ts BOARD OF COUNTY COMMI SI S CMNM: COL~RA 0 MOUNTAIN NEWS MEDIA \ "ijy: rea L. Palm-Porter Vail Daily, ~uti~jl~g ~cI(jrj r +:)50UCLtL iv-b\.,L~ 5 Colorado Mountain News Media Online Newspapers 4:" Advertising Products 8: Rates All banner advertising products will average 10,000 impressions per month per advertisement. leaderboards News 728 x 90 pixels $400/rnonth Ad will appear on home page and section fronts Tourist 728 x 90 pixels $200fmonth Ad will appear on recreation and travel info sections Vertical Banner News 120 x 240 pixels $2001 month Ad will appear on home page and section fronts Tourist 120 x 240 pixe's $150/month Ad will appear on recreation and travel info sections Articte Page Ad 300 x 250 pixels $300/rnonth Ad will appear on article page Speciality Advertising Products Se'f Publishing Ad varies* $41S/month Ad will appear on home page and section fronts of news Advertoria I $25/week Ad will appear on dining section. Minimum 4 week All text provided by the advertiser commitment. * Size of ad dependent upon advertiser preferences and customization; five link maximum. Featured Sponsor link Business Ustings (currently available on vaildaily.com) aspentimes.com $900}year E-mail business listings $120/year summitda 1ly.com $699/year Website business listings $180/yea r vaildaily.com $699/year Both e-mail Et business listings $240/year Retail Dollar Volume Sunday-Thursday Friday-Saturday $225,000 $115,250 $68,250 $28,500 $8,500 $225,000 $115,250 $68,250 $28,500 $8,500 Full Color Spot Color . . Effective 11.1.04. Prices good in the Vail Daily, Summit Daily and Glenwood Springs Post Independent EXHIBIT , B Commissioner ~11{' moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2005 - it-- CONCERNING DESIGNATION OF OFFICIAL LEGAL NEWSPAPER WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter "the Board") is required by Section 39-11-105 C.R.S. to select a newspaper of general circulation in which the Treasurer shall publish the delinquent tax list of the County; and WHEREAS, the Board wishes to designate an official legal newspaper of the County of Eagle, State of Colorado, for the publication of required legal notices; and WHEREAS, having reviewed the proposals submitted to the County, the Board determines that the proposal submitted by The Eagle Valley Enterprise, attached hereto as Exhibit A and incorporated by reference, is the proposal most advantageous to the County. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, pursuant to the powers granted to the Board by Section 39-11-105 and Section 30-11-107 C.R.S. the Board does hereby designate The Eagle Valley Enterprise as the official legal newspaper of the County of Eagle, State of Colorado, until further order of the Board of County Commissioners. MOVED, READ AND ADOPTED, by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ day of February, 2005. _<!l' .:? . COUNTY OF EAGLE, STATE OF ~ ,._~./":'~ ".;, CO 0, By and Through Its ("- "-" B OF COUNTY COMMISSIONERS '. -----.... , '" . ~-/ ~r -~>~r? ,/ PeterF. Runyon, Commissio T~C~ om . tone, OmmISSlOner EXHIBIT j C Commissioner KU~'16,^, seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Menconi ~:1G Commissioner Runyon 4i.1e.. Commissioner Stone ~~ --7 This Resolution passed by )-0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. G:\JKS\resolutions\newspaper.DOC .. EAGLE COUNTY LEGAL NOTICES BIDDERS INSTRUCTIONS: Before submitting a bid, BIDDERS SHALL CAREFULLY READ the instructions and specifications which become a part of the final contract, and shall familiarize themselves as to all existing conditions and limitations. All Bids must be properly signed by a duly authorized representative of the company, having a legal capacity to bind the company. Bids may be withdrawn up to date and hour set for as closing. Once bids have been accepted by the County and closing has occurred, the failure to enter into a contract or honor the purchase order will be cause for removal of supplier name from Eagle County's Bidders List. The County may also pursue any remedies available at law or in equity. Submission of a bid shall be deemed as acceptance of all terms, conditions and specifications contained in the County's specifications initially provided to the bidder. Only sealed bids properly received by the Eagle County Administrator's Office will be accepted. Bids submitted by telephone, telegram, or fax are not acceptable. All bids shall be: 1) submitted in a sealed envelope, 2) labeled on the outside with the name, and address of bidders, 3) bid title, date, and time of closing stated thereon. All prices bid shall be less all taxes and discounts, and shall, in every way, be the total NET PRICE which the Bidder will expect Eagle County to pay if awarded the bid. DO NOT REMOVE PAGES FROM PACKAGE. RETURN COMPLETED BID PACKAGE IN ITS ENTIRETY. If you would like the bid package e-mailed to you, call (970) 328-8604 with the e-mail address where you would like it sent. EXHIBIT it! \lll.< EAGLE COUNTY LEGAL NOTICES SPECIFICA TION SHEET: ITEM: Designation of the Official Eagle County Legal Newspaper. This proposal concerns all Legal Notices required by the County. This designation shall not preclude publication of legal notices in other papers as necessary or convenient in the conduct of County business. TERM: The term of this designation shall begin January 18,2005 and continue until further order of the Board of County Commissioners. The Board of County Commissioners reserves the right to rescind the bid award at any time upon written notice to the successful firm. LOCATION: These notices shall be published in the Classified Section of the newspaper, under the heading "Legal Notices." Notices shall not be printed in other publications unless at the request of the County. If requested, additional printing will be at no cost to County. LEGAL: All pertinent requirements of Part 1, Article 70, Title 24 of the Colorado Revised Statutes as amended shall apply. COPY: Copy shall be picked up at a designated location inside the Eagle County Building a minimum of once per week. All legal advertisements are preferred to be submitted via e-mail and will receive a confirmation of received legal and an e-mail proof of the document for customer review. PROOFS: Proofs for review and correction shall be submitted for approval as required. COUNTY COPIES: A minimum of 20 free copies of the newspaper shall be supplied to Eagle County each time it is published. These copies shall be delivered to the Information desk in the Eagle County Building, located at 500 Broadway, Eagle, on the day of newspaper publication. PROOF OF PUBLICATION: The successful bidder shall provide two (2) copies of proofs of publication to specific departments for each legal notice published, without additional charge. If additional copies are requests there will be a $5 charge for each proof of publication needed. DAMAGES It is hereby understood and mutually agreed between Eagle County and the successful bidder (hereinafter "newspaper") that the dates of publication and the time of completion of publication of legal notices are essential. It is further understood and mutually agreed between Eagle County and newspaper that correct publication of the content and format of legal notices are essential. Specifically, all legal notices submitted by Eagle County for publication to the newspaper shall be published such that the notice is complete, accurate, printed in the proper font and format. If the newspaper shall neglect, fail or refuse to complete the publication of legal notices as required or fails to accurately or completely publish the notice, including but not limited to proper font and format, then the newspaper does hereby agree as part consideration for the awarding of this contract to pay Eagle County $1,000.00 not as a penalty but as liquidated damages for such breach of contract for each and every calendar week that the newspaper is in default. Eagle County shall have the right to deduct said liquidated damages from any amount due or that may become due to the newspaper or to collect such damages from newspaper. The liquidated damages amount of $1,000.00 for each and every calendar week is fixed and agreed upon by and between the newspaper and Eagle County because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages Eagle County would in such event sustain, and said amount is agreed to be the amount of damages which the County would sustain. Eagle County reserves all of its rights to additional damages from the newspaper for injury or loss suffered by Eagle County from the actions or omissions of the newspaper, including but not limited to any breach or default of the agreement. EAGLE COUNTY LEGAL NOTICES REQUEST FOR PROPOSAL If you feel your firm is interested and qualified to provide the services requested, complete (please print) all blanks indicated below, attach information requested and return to the Eagle County Administrator's office, in triplicate, no later than noon (12:00 p.m.), Wednesday, January 12, 2005. 1. Submitted by: a. Icorporatio~ b. Participation c. Individual d. Joint Venture e. Other 2. Newspaper Name:_Eagle Valley Enterprise 3. Publication Office Address: _200 Lindbergh Drive, Gypsum, CO 81637 PO Box 450, Eagle, CO 81631 4. Printing Plant Address: _same as publication office address 5. Indicate type size for legal publications: _6 pt 6. Days on which this newspaper is published (circle the day or days): MON TUBS WED trHURS I FRI SAT SUN 7. The average paid circulation in which Eagle County's legal notices will appear is 2,500_ newspapers. 8. The average paid circulation in Eagle County in which Eagle County's legal notices will appear In 2,500 newspapers. 9. The postal audited paid circulation in which Eagle County's legal notices will appear is a minimum of 2,500 newspapers. PAID CIRCULATION FIGURES INDICATED ABOVE MUST BE BASED ON THE PAST FIFTY-TWO (52) CONSECUTIVE WEEKS. REQUEST FOR PROPOSAL (eont.) 10. Copy must be submitted to the newspaper at least 7 days calendar days prior to publication. 11. Billing should reflect each department's account code and contact information to insure timely invoicing. 12. Number of years your newspaper has been classified as a Colorado Statutory Publication: - 107 13. Number of years your firm has been doing business under the name stated above: _ 107 - 14. If your firm is a corporation, provide the following: a. Date of Incorporation: _October 1881 b. Incorporated in the State of: _Colorado c. Chief Executi ve' s name: _Steve Pope Title: General Manager 15. If your firm is a partnership of individuals, provide the following: a. Date of organization: N/A b. Name of owner(s) and ownership participation: 16. Number of people in your organization: _5 at the Eagle Valley Enterprise, 400 at Colorado Mountain News Media 17. Has or is your firm currently involved in any formal court proceedings regarding any of your publications? If yes, explain briefly: No REQUEST FOR PROPOSAL (cont.) 18. Describe why your firm is best suited for this designation. a. Only 2nd Class mailing permit in Eagle County b. We offer the best circulation between the Eagle Valley Enterprise and the Vail Daily to reach Eagle County residents c. Long term, reliable and traditional carrier of legals d. Experience, service, commitment 19. List any additional papers other than that designated and their circulation in Eagle County and days published. Paper Days Published _Vail Daily 7 days - 14,000 circulation per day _Aspen Times Daily 7 days - 11,000 circulation per day _Aspen Times Weekly 1 day - 8,500 circulation 20. List other benefits to selecting your newspaper. Price includes free pick up (same legal ad) into the Vail Daily. PARTICIPA TING FIRMS MUST COMPLETE ALL BLANKS AND SUBMIT ALL A TT ACHMENTS REQUESTED IN TRIPLICATE. REQUEST FOR PROPOSAL (cont.) All bid responses should be based upon column, font, and pricing requirements as set forth in C.R.S. ~24-70-107. Bidding $ .46 per single-column line for the first publication of each notice (County paid-legal). Bidding $ .37 per single-column line for each additional publication (County paid-legal). Bidding $ .65 per single-column line for the first publication of each notice (Privately supported-legal). Bidding $ .46 per single-column line for each additional publication (Privately supported-legal). For display material the charge will be $ 4.60 per number of inch(es) or partial inch(es) for the first insertion, $ 3.70 per inch for additional insertions (County paid-legal). For display material the charge will be $ 6.50 per number of inch(es) or partial inch(es) for the first insertion, $ 4.60 per inch for additional insertions (Privately supported-legal). The column width size for liner Legals in our paper is 1.87" (Font size to be used is six point type). The column width size for display Legals in our paper is 1.53" (Font size to be used is six point type). REQUEST FOR PROPOSAL (cont.) PROPOSAL DUE DATE This proposal must be received by the Eagle County Administrator's Office NO LATER THAN NOON. ON WEDNESDAY. JANUARY 12. 2005. Any proposals received after this date will not be accepted or considered. COMPANY NAME: _Eagle Valley Enterprise PHONE: _328-6333 COMPANY ADDRESS: _200 Lindbergh Drive, Gypsum, CO 81637 PRINTED NAME AND TITLE:_Andrea 0 \ \.vd< AUTHORIZED SIGNATURE: DA TE: CERTIFICATION _Andrea Porter HEREBY CERTIFIES TO THE Board of County Commissioners of the County of Eagle, State of Colorado, that the Eagle Valley Enterprise newspaper is a legal newspaper of general circulation; has been published at least weekly in Eagle County for the past fifty-two (52) consecutive weeks; has been admitted to the U.S. Mails as a second class matter; and complies in all other pertinent respects to the requirements of Part I, Article 70, Title 24 of Colorado Revised Statutes. ~ DATE: \ \,,<{ cst( .. . STATE OF COLORADO ) )ss. COUNTY OF EAGLE ) The above and fore ing Certification was SUbSC~d sW~Jo before me this e't;;. day of c.n;".. , 2005, by ;J'd !t.u7f) as L1:2 in the ounty of Eagle, State of Col rado. Witness my hand and official seal. My commission expires ~~/..(~A i ~L7~ )1 WbYL4 y~ Notary Public To: Carole Bukovich Fax: 970.328.6393 From: (account code here) (individual contact name) Print Name Eagle County Government Date: Pages Including Cover: Circle one- Eagle County Administration eacoadmi Eagle County Airport ecairpo Eagle County Animal Services eagcoani Eagle County Assessor ecassess Eagle County Attomey ecattyof Eagle County Clerk & Recorder eagcoclr Eagle County Commissioners eccommis Eagle County Community Development eccommde Eagle County CSU Extention csucoext Eagle County ECO Trails ecotrial Eagle County Engineering ecengine Eagle County Environmental Health eagcoenv Eagle County Facilities ecfacdis Eagle County Fairgrounds (including Fair & Rodeo) ecfair Eagle County Finance eagcofin Eagle County GIS eacougis Eagle County Health & Human Services echealth Eagle County Housing echousde Eagle County Human Resources echumare Eagle County Innovation & Technology eagcoinn Eagle County Landfill & Recycling eclandfi Eagle County Marketing & Communications ecmarcom Eagle County Planning Division ecplandi Eagle County Public Trustees eacopubt Eagle County Regional Transportation ecregitr Eagle County Road and Bridge eacounro Eagle County Sheriff ecsherif Eagle County Senior Services ecsenser Eagle County Treasurer eactytre Eagle County Weed & Pest ecweepes Please circle publication and fill out dates ad is expected to run. Publication: VD Dates: EVE Dates: GPI Dates: ATD Dates: VD- Vail Daily; EVE- Eagle Valley Enterprise; GPI- Glenwood Springs Post Independent; ATO- Aspen Times Daily' "GPI publishes every day except Saturday; A TO publishes Mon-Fri. EXHIBIT I D (;06-- 016- /0 OFFICE OFTHE COUNTY ATTORNEY (970) 328-8685 FAX: (970) 328-8699 www.eaglecounty.us EAGLE COUNlY March 31, 2005 Vail Daily Andrea L. Palm-Porter P.O. Box 81 Vail, CO 81658 Via u.s. Postal Service Dear Ms. Palm-Porter: Enclosed for your records is an original Agreement between Eagle County and Colorado Mountain News Media regarding advertising space. Please do not hesitate to contact me if you have any questions. \T~ryVUly yours, " j /' 1,-/"/-1 ""\ ..,/(:-.., '. ,ct.-..1/'L-"'-.___..,.__ / - ) Pauline Ng Administrative Assistant Enclosures Eagle County Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850