HomeMy WebLinkAboutC13-346 CDC Media Campaign Resource Center media campaign resource center 770-488-5705 ext.2 •www.cdc.gov/tobacco/mcrc •mcrc @cdc.gov Agreement for the Use of OSH Media Campaign"Tips"Tobacco Education Advertisements Agreement between,the Centers for Disease Control and Prevention(CDC)and EAGLE COUNTY,COLORADO for the use of Tobacco Education advertisements offered through the CDC's Media Campaign Resource Center. I.Intent of Agreement A.This Agreement sets the terms and conditions for the non-exclusive use of selected tobacco education advertisements listed in Exhibit A-1 (Cost Quote),which lists the title,ISCI code,market,types of usage(e.g.Public Service Announcement;paid television,local broadcast or local cable,Internet,New Media),and use expiration date for each ad,and is incorporated by reference in this Agreement. B.Upon receipt of this Agreement signed by an official who is legally capable of binding EAGLE COUNTY,COLORADO to its terms and conditions,the above stated organization can receive broadcast quality files for television and radio ads,JPEG, PDFs,or other formats as appropriate for producing print,outdoor,and interactive online advertisements. C.The producer of the materials owns the copyright to advertisements.The producer retains all rights to use,reproduce, or distribute the ads and any derivative works,as well as all other rights granted under statutory and common copyright law. II.Use of Advertisements A.Only EAGLE COUNTY,COLORADO may use the advertisements.The above stated organization is not authorized to allow others to use the advertisements. B.Use of the advertisements is exclusively for the purpose of reducing tobacco use.EAGLE COUNTY,COLORADO is strictly prohibited from using any ad for the purpose of for-profit or fund raising purposes,or from using any ad in any program that charges an admission or fee-for-profit.Nor can these ads be used to promote any political party or affiliation. C.Advertisements maybe altered,edited or otherwise changed only with the consent of the producer.This includes altering for use in a different media(i.e.,using the sound portion of a television ad as a radio ad,using a print ad as a billboard etc.) D.No ad,or portion thereof,may be used in a separate media production,including but not limited to,an education video. E.EAGLE COUNTY,COLORADO is prohibited from granting any usage of the ad(s)or portions thereof.All requests for usage can be granted only by the producer.However,advertisements,or a portion of them,may be used as part of a news story. F.The advertisement(s)may not be used after the expiration date(s)listed in Exhibit A-1 (Cost Quote.) G.EAGLE COUNTY,COLORADO agrees to provide the exact flight dates/occurrences during the time period that the OSH Media Campaign ad(s)ran;to also provide GRP data for the OSH Media Campaign ad(s)that ran.That is,planned GRPs and actual GRPs;the actual GRPs is most critical,GRP data in the most granular form—if GRP data can be provided on a weekly basis that would be preferred.However,if GRP data cannot be provided on a weekly basis then the data should be provided on a monthly basis. III.Enforcement In the event that the Office on Smoking and Health(OSH)determines that the contractual organization is using the ad(s)in a manner inconsistent with this Agreement,OSH shall notify the organization and shall take appropriate remedial actions, which may include,but not be limited to,providing assistance in bringing the usage into compliance.OSH may require written confirmation that the misuse has ceased and may terminate this Agreement in the event of willful,continued misuse. IV.Fiscal Responsibility EAGLE COUNTY,COLORADO agrees to follow the terms and conditions of this Agreement.If the above stated organization violates this Agreement,they shall pay the talent and residual fees or other costs that may result from the misuse of the ad(s). EAGLE COUNTY,COLORADO shall maintain a record of the following information for each advertisement distributed: a.the media outlets broadcasting or printing the advertisement and related contact information,and b.proof that the media outlets receiving the ad has been notified that the ad is not to be shown after the expiration date. By signing below,the requester signifies understanding of the terms of use and agreement with respect to the subject matter hereof. Montag,County Manager,on behalf of AG COUNTY COLORADO U.S.Department of Health and Human Services media campaign resource center 530 Gaither Road 770-488-5705 ext.2 Rockville, MD 20850-5971 mcrc @cdc.gov www.cdc.gov/tobacco/mcrc COST QUOTE FOR AD PACKAGE NOT AN INVOICE Order Date: 10/31/2013 Order#: 2262-CO PO Number: Signer: Keith Montag,County Manager Contractual Organization: Eagle County,Colorado Title ISCI Code Usage Type Dates of Use Market Est.Cost El Consejo de Jessica Sobre el HHS clinic and $0.00-CDC/OSH Asma/Jessica's QYSH 10040(S- Broadcast TV, 11/15/2013- social services Media Buy Asthma Tip-Talk 30) Industrial Use 3/31/2014 office in Eagle Benefit With Your Doctor County,Colorado -TV HHS clinic and Suffering-Mom QYSH 10057(E- Broadcast TV, Available for social services $0.00-Talent Cancer 30 30) Industrial Use Unlimited Use office in Eagle Buy-out: FREE County,Colorado Suffering-Mom HHS clinic and Cancer 30 QYSH 10059(S- Broadcast TV, Available for social services $0.00-Talent Spanish 30) Industrial Use Unlimited Use office in Eagle Buy-out:FREE County,Colorado Total $0.00 Tagging Instructions: Customer will add tag/logo as needed. NOTE:NO POLITICAL AFFILIATIONS MAY BE USED. By signing below,the requester acknowledges that the spots listed above will be activated for paid use.All costs are estimated based on current Screen Actors Guild rates.The requester will be notified immediately of any substantial increases in the estimated cost. eith Montag,County Manager,on beh of Eagle County,Cobra o YOUR SIGNATURE OBLIGATES YOU TO MAKE THE PAYMENTS DESCRIBED ABOVE EVEN IF YOU DECIDE NOT TO USE THESE ADS OR TO CHANGE THE DATES OF USE. Please expect an invoice to be e-mailed to you within 2 months of signing this document.All invoices are due within 30 days of invoice date. PRODUCTION WILL NOT BEGIN UNTIL THE SIGNED DOCUMENTS ARE FAXED TO: Cecile Douglas(301)407-6501. media campaign resource center 770-488-5705 ext.2 •www.cdc.gov/tobacco/mcrc •mcrc @cdc.gov Centers for Disease Control and Prevention