HomeMy WebLinkAboutC13-009 Heinrich Marketing AGREEMENT FOR SERVICES
BETWEEN EAGLE COUNTY, COLORADO
and
HEINRICH MARKETING, INC.
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This Agreement ( "Agreement ") dated as of this 13th day of-Deeember, 012 is between the
County of Eagle, State of Colorado, a body corporate and politic, ( "County "), and Heinrich Marketing,
Inc. a Colorado corporation with a mailing address of 2228 Blake Street, Suite 200, Denver, CO 80205
( "Contractor ").
WHEREAS, the County, through its Public Health Department, desires to contract with a
Contractor for the provision of the services outlined in Section 1.1 hereunder; and
WHEREAS, Contractor has represented that it has the experience and knowledge in the subject
matter necessary to carry out the services outlined in Section 1.1 hereunder; and
WHEREAS, County wishes to hire Contractor to perform the tasks associated with the services
outlined in Section 1.1 hereunder; and
WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the
responsibilities of the Contractor in connection with the services and related terms and conditions to
govern the relationship between Contractor and County in connection with the services.
WHEREAS, the Contractor is being retained as a sub - contractor to County under a grant
from the State of Colorado and the Contractor shall comply with any and all grant requirements
imposed by the State on Eagle County or its sub - contractors.
Agreement
Therefore, based upon the representations by Contractor set forth in the foregoing recitals, for
good and valuable consideration, including the promises set forth herein, the parties agree to the
following:
1. Services Provided:
1.1 The Contractor will provide the following Contracting Services (hereinafter called the
"Services" or "Contracting Services "): 1) Attend planning meetings with Latino Health
Leadership Group, Eagle County Public Health, and other stakeholders to define culturally
appropriate marketing and media tools for dissemination; 2) Create a project logo and
collateral; 3) Create a Healthy Food Access Policy social marketing campaign; 4) Develop
scripts and translation services for Spanish language TV cooking show and nutrition radio
show. The Contracting Services shall be performed within the time frames set forth in Exhibit
A which is attached hereto and incorporated herein by reference.
12 The Contractor agrees that Contractor will not knowingly enter into any Contracting
arrangements with third parties that will conflict in any manner with the Contracting Services.
1.3 Contractor has given the County a proposal for performing the Services and represented that it
has the expertise and personnel necessary to properly and timely perform the Services.
2. Term of Agreement
2.1 This Agreement shall commence on the date first set forth above and, subject to the provisions
of Section 2.2 hereof, shall continue in full force and effect until June 30, 2013.
Notwithstanding the foregoing, the Agreement shall automatically renew on July 1 of each year
based upon written notice to Contractor by County and based upon funding from the Colorado
Department of Public Health and Environment. If not earlier terminated as set forth in this
Agreement, the Agreement shall terminate on June 30, 2015.
2.2 This Agreement may be terminated by either party for any reason with 15 days written notice,
with or without cause, and without penalty whatsoever therefore.
2.3 In the event of any termination of this Agreement, Contractor shall be compensated for all
incurred costs and hours of work then completed, plus approved expenses.
3. Independent Contractor:
3.1 With respect to the provision of the Contracting Services hereunder, Contractor acknowledges
that Contractor is an independent contractor providing Contracting Services to the County.
Nothing in this Agreement shall be deemed to make Contractor an agent, employee, partner or
representative of County.
3.2 The Contractor shall not have the authority to, and will not make any commitments or enter into
any agreement with any party on behalf of County without the written consent of the Board of
County Commissioners.
3.3 The Contractor will maintain general liability and automobile insurance each with limits not less
than $1,000,000 and unemployment and workman's compensation insurance on his /her behalf,
as required by Colorado law. Further, Contractor shall maintain such additional or other
insurance as may be required by the State of Colorado under the grant terms.
4. Remuneration:
4.1 For the Contracting Services provided hereunder, County shall pay to the Contractor as follows:
Contractor shall submit monthly invoices reflecting its hourly rate of $100 per hour and
identifying the Contracting Services performed by the fifth working day of the following month.
The total compensation due Contractor for the period ending June 30, 2013 shall not exceed
$8,600, which amount shall be fully expended by June 30, 2013. Contractor shall be
compensated at the same hourly rate and in an amount not to exceed $8,600 for each additional
year that Contracting Services are performed. The full contract amount from commencement of
the Agreement through June 30, 2015 shall not exceed $26,000. Contractor will not be entitled to
bill at overtime and/or double time rates for work done outside of normal business hours unless
specifically authorized to do so by County. Fees for any additional services will be as set forth in
an executed addendum between the parties. Fees will be paid within thirty (30) days of receipt
of a proper and accurate invoice from Contractor respecting Contracting Services. The invoice
shall include a description of services performed. Upon request, Contractor shall provide
County with such other supporting information as County may request.
•
4.2 County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes
related to payments made pursuant to the terms of this Agreement.
4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made
to the County nor shall any payment be made to the Contractor in excess of the amount for any
work done without the written approval in accordance with a budget adopted by the Board in
accordance with provisions of the Colorado Revised Statutes. Moreover, the parties agree that
the County is a governmental entity and that all obligations beyond the current fiscal year are
subject to funds being budgeted and appropriated.
5. Ownership of Documents:
All documents (including electronic files) which are obtained during or prepared, either partially
or wholly, in the performance of the Services shall remain the property of the County and/or the
State of Colorado and are to be delivered to County before final payment is made to Contractor
or upon earlier termination of this Agreement.
6. Indemnification:
6.1 Within the limits allowed by law, Contractor shall indemnify County for, and hold and defend
the County and its officials, boards, officers, principals and employees harmless from, all costs,
claims and expenses, including reasonable attorney's fees and costs, arising from claims of any
nature whatsoever made by any person in connection with this Agreement, the negligent acts or
omissions of, or presentations by the Contractor in violation of the terms and conditions of this
Agreement. This indemnification shall not apply to claims by third parties against the County
to the extent that the County is liable to such third party for such claim without regard to the
involvement of the Contractor.
7. Contractor's Professional Level of Care and Representations:
7.1 Contractor shall be responsible for the completeness and accuracy of the Contracting Services,
including all supporting data and other documents prepared or compiled in performance of the
Services, and shall correct, at its sole expense, all significant errors and omissions therein.
Contractor shall perform the Contracting Services in a skillful, professional and competent
manner and in accordance with the standard of care, skill and diligence applicable to
Contractors, with respect to similar services, in this area at this time.
7.2 Contractor acknowledges that it is being retained as a sub - contractor to Eagle County
under a grant agreement from the state of Colorado. Contractor represents and warrants
that it shall at all times during the term of this Agreement comply with the terms and
conditions imposed by the State of Colorado under the grant agreement.
8. No Assignment:
The parties to this Agreement recognize that the Contracting Services to be provided pursuant to
this Agreement are professional in nature and that in entering into this Agreement County is
relying upon the professional services and reputation of Contractor and its approved
subcontractors. Therefore, neither Contractor nor its approved subcontractors may assign its
interest in this Agreement or in its subcontract, including the assignment of any rights or
delegation of any obligations provided therein, without the prior written consent of County,
which consent County may withhold in its sole discretion. Except as so provided, this
Agreement shall be binding on and inure to the benefit of the parties hereto, and their respective
successors and assigns, and shall not be deemed to be for the benefit of or enforceable by any
third party. Unless specifically stated to the contrary in any written consent to an assignment,
no assignment will release or discharge the assignor from any duty or responsibility under the
Agreement.
9. Notices:
9.1 Any notice and all written communications required under this Agreement shall be given in
writing by personal delivery, facsimile or U.S. Mail to the other party at the following
addresses:
(a) Jennifer Ludwig
Eagle County Public Health Director
551 Broadway
PO Box 660
Eagle, CO 81631
Telephone: 970 - 328 -8819
Facsimile: 855- 848 -8829
with a copy to:
Eagle County Attorney's Office
500 Broadway
PO Box 850
Eagle, CO 81631
(b) Contractor
Heinrich Marketing, Inc.
Laura Sonderup, Hispanidad Marketing Director
2228 Blake Street, Suite 200
Denver, CO 80205
Telephone: 303-239-5235
Facsimile: 303 - 233 - 4565
Email: lsonderup@heinrich.com
9.2 Notices shall be deemed given on the date of delivery; on the date the facsimile is
transmitted and confirmed received or, if transmitted after normal business hours, on the next
business day after transmission, provided that a paper copy is mailed the same date; or three
days after the date of deposit, first class postage prepaid, in an official depository of the U.S.
Postal Service.
10. Jurisdiction and Confidentiality:
10.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and
the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in
the Fifth Judicial District for the State of Colorado.
10.2 The Contractor and County acknowledge that, during the teen of this Agreement and in the
course of the Contractor rendering the Contracting Services, the Contractor and County may
acquire knowledge of the business operations of the other party not generally known and
deemed confidential. The parties shall not disclose, use, publish or otherwise reveal, either
directly or through another, to any person, firm or corporation, any such confidential knowledge
or information and shall retain all knowledge and information which he has acquired as the
result of this Agreement in trust in a fiduciary capacity for the sole benefit of the other party
during the term of this Agreement, and for a period of five (5) years following termination of
this Agreement. Any such information must be marked as confidential. The parties
recognize that the County is subject to the Colorado Open Records Act and nothing herein
shall preclude a release of information that is subject to the same.
11. Miscellaneous:
11.1 This Agreement constitutes the entire Agreement between the parties related to its subject
matter. It supersedes all prior proposals, agreements and understandings.
11.2 This Agreement is personal to the Contractor and may not be assigned by Contractor.
11.3 This Agreement does not and shall not be deemed to confer upon or grant to any third party any
right enforceable at law or equity arising out of any term, covenant, or condition herein or the
breach thereof.
12. Prohibition on Public Contracts for Services:
If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8-
17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By
execution of this Contract, Contractor certifies that it does not knowingly employ or contract
with an illegal alien who will perform under this Contract and that Contractor will participate in
the E- verify Program or other Department of Labor and Employment program ( "Department
Program ") in order to confirm the eligibility of all employees who are newly hired for
employment to perform work under this Contract.
A. Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform work under
this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under the public contract for
services.
B. Contractor has confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through
participation in the E- verify Program or Department Program, as administered by
the United States Department of Homeland Security. Information on applying for
the E- verify program can be found at:
http:// www .dhs.gov /xprevprot/programs /gc 1185221678150.shtm
C. The Contractor shall not use either the E- verify program or other Department
Program procedures to undertake pre - employment screening of job applicants
while the public contract for services is being performed.
D. If the Contractor obtains actual knowledge that a subcontractor performing work
under the public contract for services knowingly employs or contracts with an
illegal alien, the Contractor shall be required to:
(i) Notify the subcontractor and the County within three days that the
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to subparagraph (i) of the paragraph
(D) the subcontractor does not stop employing or contracting with the
illegal alien; except that the Contractor shall not terminate the contract
with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly
employed or contracted with an illegal alien.
E. The Contractor shall comply with any reasonable request by the Department of
Labor and Employment made in the course of an investigation that the department
is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5).
F. If a Contractor violates these prohibitions, the County may terminate the contract
for a breach of the contract. If the contract is so terminated specifically for a
breach of this provision of this Contract, the Contractor shall be liable for actual
and consequential damages to the County as required by law.
G. The County will notify the office of the Colorado Secretary of State if Contractor
violates this provision of this Contract and the County terminates the Contract for
such breach.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above
written
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
COUNTY MANAGER
IOW
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By: Keith ontag, Co • Manager
HEINRICH MAREKTING, INC. a
Colorado corporation
11f I2'
By: Laura Sonderup,
Hispanidad Managing Director
STATE OF COLORADO )
ss
County of e_..Yv) Q; )
The foregoing was acknowledged before me this ) day of )(In 00 Yt...20 i j
by L cturc �J�1 Qi(�- of Heinrich Marketing. (1
Witness my hand and official seal.
My Commission Expires June 13, 2016
My commission expires:
,
C Yry Pu lic
JULIA GIBSON
Notary Public
State of Colorado
hispanidad 111, rr I 2 Kurt resporse
Reducing Health Disparities Among Latinos in Eagle County
Project Bid — November 2, 2012
Background
In partnership with Eagle County Public Health (ECPH), the agency proposes to provide strategic
marketing insights and messaging designed to support the Department's goals of reducing chronic
disease and obesity within the County's Hispanic community.
Agency overview
Founded in 2000, Hispanidad is a division of Heinrich Marketing, Inc., a Colorado- based,
minority-owned company with 35 years of experience in marketing and advertising for local,
national and international accounts. The agency's main office address is 2228 Blake Street,
Denver, Colorado, 80205. Heinrich's tax identification number is #84- 0771005.
Since its founding twelve years ago, Hispanidad has grown its client base as a result of the
agency's proven wisdom related to Hispanic marketing, and its deep commitment to serving its
clients in a fiscally responsible and measurable way. At Hispanidad, we offer something unique
— an experienced, integrated team of multicultural, bilingual marketing professionals dedicated
to putting the right accent on a marketing message so it generates a positive response. We
come from different cultures and have different perspectives, so we live what we preach to our
clients. We are strategic communications experts with the talent to identify, segment and target
minority communities... and then reach them with measurable impact.
We understand that Colorado is home to people of many different cultures and socioeconomic
backgrounds. Likewise, people view the world — and marketing messages — through their
own cultural filters. Hispanidad provides insight into the marketplace, a proven track record,
creativity, uniqueness, innovation and knowledge of Hispanic marketing dynamics, including:
❑ Strategic planning
❑ Original creative development and production management
o Broadcast
o Print
o Out -of -home
o Interactive /Digital
❑ Media planning and placement
❑ Public relations
o Press releases; press conferences
o Media relations
o Media training
❑ Translation/Transcreation services
❑ Cultural Competency Training
❑ Grassroots outreach; social and event marketing
EXHIBIT
•
Brief description of the agency's experience in marketing behavioral change
Social marketing, or marketing for "social good," is a vital element of behavioral change
within all communities. For eight years, Heinrich Marketing, Inc. and its multicultural division,
Hispanidad, have successfully managed short- and long -term projects for a variety of state and
federal governmental entities. These contracts have primarily focused on:
o Supporting efforts to reduce deaths, injuries, and economic losses resulting from motor
vehicle crashes by communicating the importance of passenger restraint systems, the use of
sober /designated drivers, pedestrian safety and distracted driving messaging;
o Promoting early oral care and healthy dental practices among Spanish- dominant Hispanic
families with infants and toddlers;
o Encouraging the adoption of sustainable practices, including recycling and the use of mass
transit, within Spanish- dominant Hispanic households; and
o The prevention of child sexual abuse within multicultural households.
The tasks associated with these contracts have included: copywriting, design and production
of print, outdoor and broadcast advertising; translations; website development; media
recommendations and lacement; cultural competency and media training; event marketing, P � P Y g� g, as
well as partnering with departmental public relations teams to ensure proper positioning and
distribution of press releases and earned media outreach.
Staffing
Hispanidad is a true team of multicultural, bilingual marketing professionals. We come from
different cultures and have different perspectives, so we live what we preach to our clients. We are
strategic communications experts with the talent to identify, segment and target your audience...
and then reach them with measurable impact.
Staff Assignments and Roles
o Laura Sonderup, will act as the strategic leader on this project
o Victoria Mendoza will have day -to -day tactical and linguistic responsibilities
o Jose Barrientos will be responsible for all creative and design elements
Staff Qualifications
Laura , Sonderup — Managing Director and Senior Strategist
Laura is an internationally recognized ethnic marketing expert, and Hispanidad clients depend
on her to determine optimal multicultural communication strategies while managing the
development and execution of culturally relevant marketing messages targeting Hispanics,
African Americans, Asian Americans, Native American Indians and members of the GLBT
community. Her strategic expertise and eye for impactful creative keep those clients ahead of the
competition.
Victoria Mendoza — Linglsistic ,Specialist
Originally from Colombia, Victoria is an ATA- certified translator, who reads, writes and speaks
flawless Spanish, English and Italian. Victoria will be responsible for day -to -day execution of all
tasks associated with this project, supporting and ensuring the marketing success of this project
through precision, accuracy and close attention to timelines, budgets, reviews, presentations and
measurement.
Ia,ce Rarrientos — Art Director
Jose is responsible for conceptual, design and visual identity of all Hispanidad client
communication materials. He leverages his mastery of advanced design tools to take creative
from initial conceptualization to final output, ensuring that all materials are strategically sound,
culturally relevant and visually compelling. Jose integrates campaigns across all media, and
provides design leadership to clients and agency colleagues.
Approach /Project Work Plan
How will the agency approach this project?
Hispanidad's goal is integrated marketing communications, meaning that every contact, whether
it's through marketing, media, public relations or events, should work in unison to maximize
the client's message. Hispanidad is in a unique position to act as a guide and lead ECPH in
developing and implementing effective, culturally and linguistically relevant messaging for their
targeted constituents.
Approaching the development of an informational campaign, we would follow the five -step
Hispanidad Strategic Process:
Stage 1 — Understand and establish the objectives
Stage 2 — Category immersion
Stage 3 — Strategic and tactical development
Stage 4 — Execution
Stage 5 — Evaluation/continuous improvement
I Jnderstand and establish the objectives
Upon award of contract, Hispanidad will immediately begin working closely with our primary
point person at ECPH to facilitate in- person meetings with those program managers who have the
most immediate needs. Once those program needs have been defined, we'll build strategy(ies)
to best address the requirements within the timing and budgetary parameters provided. We are
particularly eager to share best practices that we have learned from similar Hispanic behavior
modification projects and apply our knowledge and experience to ensure the best possible
outcome for Eagle County and its residents!
Category immersion
As part of the "category immersion" process, we believe in the value of submerging ourselves
in the target audience's needs /wants /issues. When necessary, we may recommend conducting
research to determine what is important to the consumer and how this may differ from ECPH's
perspective. Likewise, we will identify any market trends or conditions that may impact
marketing efforts in an effort to uncover information that leads to unique audience motivation.
The outcome of this process is a thorough understanding of Eagle County's Hispanic residents'
mindsets. We will know if what WE believe is what THEY believe and whether we have to
simply inform or change attitudes, too!
. D- • son's
Our goal for every project is to make certain that we are developing the right communications
solutions, for the right audience, at the right time, in an effort to set in place a foundation for the
tactical success. This involves taking our ideas beyond clever and award winning by delivering
strategically accurate, creatively unique ideas that achieve the objectives established in the
beginning of this process.
Execution
The creative team works closely with client services to ensure that the program strategy and
objectives are actionable and that the target audience, desired response, competitive environment,
and all other program nuances relevant to the creative process are accurately represented. Visual
design is important in reaching ethnic audiences, especially those for whom English is a second
language. Here's why: In the first seconds that a person views a message — before even reading
a word, no matter what the language — it's the images and creative design that hold the power to
connect. It's the images that make a viewer decide whether to read even a single word...
Hispanidad's creative team understands the importance of visual design, meaningful icons and
cultural filters. Effective creative design, utilizing key cultural cues, will never compromise
cultural pride and dignity — and it requires a specifically trained creative services group to deliver
this expertise while generating a positive impression that leads to a measurable response.
Evaluation /continuous improvement
Identifying exactly how well the program(s) performed and what elements increased or decreased
results ensures a better future for ECPH and for Hispanidad because we'll both have an improved
understanding of the elements of a campaign that are performing well and the elements that
should be improved upon. Getting to the established outcome effectively and efficiently is key for
the Hispanidad team!
The marketing professionals at Hispanidad are dedicated to improving our clients' multicultural
marketing and advertising campaigns by taking a very involved approach, seeking to understand
the clients' goals and objectives, weighing in on creative ideas and executions, and getting to
know the specific target audience before developing and executing targeted campaigns.
Perspective on translations
We also recognize that effective communications for this project will require effective
translations. Many companies in the U.S. attempt to reach the non- English- speaking market
through the use of translated marketing and advertising materials. Straight translations, which
depend on an accurate linguistic text transfer from one language to another, tend to miss the
emotional and culturally relevant elements. Some results will be there, but not with the strength
and recall that a truly culturally attuned marketing and advertising effort can attain. In fact, in
some instances, direct translations can be misinterpreted or even offensive.
When appropriate, we prefer to develop concepts in the language of the target audience. For
example, our team does not create a concept in English and then translate it into Spanish. We
believe there are certain nuances and experiences that the native Spanish speaker will find lacking
in translated copy. We strive to maintain that integrity on behalf of our clients. And when a
project entails bilingual communication, our approach is to transcreate (or adapt) the message.
Transcreation is the process of determining the suitability of an original creative message to
an ethnic group, and if suitable, transferring the creative concept, not just the words, in an
appropriate tone and graphic look. Basically, a translation is about words, while transcreations
are about ideas.
Budget
Billing rates for agency staff range from $85/hour to $250/hour; however, the agency deeply
believes in the value of this initiative and, therefore, we agree to reduce our blended hourly rate
from $167/hour to $100/hour, thereby providing an in -kind contribution to ECPH of $67/hour.
We believe this will serve to provide the Department with best -in -class Hispanic marketing
support at a reasonable cost.
Task Estimated billing, by task
1 — Attend planning meetings with Latino $4,000
Health Leadership Group, ECPH, and other
stakeholders to define culturally appropriate
marketing and media tools for distribution.
2 — Create a project logo and collateral, $8,000
including a graphics package for the Spanish-
language cooking show
3 — Review community perspectives data and $8,000
create a Healthy Food Access Policy Social
Marketing Campaign.
4 — Develop scripts for Spanish - language TV $5,000
cookin g program.
show and Nutrition radio
TOTAL (3 years) $25,000
