Agenda 03/22/2011 Item #10B
3/22/2011 Item 1O.B.
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EXECUTIVE SUMMARY
This item has been continued from the February 8,2011 BCC Meeting.
Recommendation to approve the award of RFP # 10-5541 to Paradise
Advertising and Marketing, Inc. for Tourism Marketing Services and
authorize the Chairman to sign the standard contract in the amount of
$2,350,000 following County Attorney Office approval.
OBJECTIVE: Approve recommendation of RFP Selection Committee for
Tourism Marketing Services to contract with Paradise Advertising and Marketing,
Inc.
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CONSIDERATIONS: Notices of RFP # 10-5541 were distributed to 208 e-mail
addresses on July 22,2010 and four firms responded on the due date of August
20,2010. Each responding firm presented their credentials and markefing
proposals to a selection committee. The responses were reviewed by each of the
selection committee members independently and results were discussed in
public at a Selection Committee meeting on October 5,2010 in the County
Purchasing Department. The Selection Committee was composed of fhe
following sfaff members from the County Manager's Agency: Jack Wert, Tourism
Director, Debi DeBenedetto, Tourism Sales and Marketing Manager, Maggie
McCarty, Tourism Film Coordinator, Jamie French, Growth Management Division
and Scott Johnson from the Purchasing Department as a non-voting facilifator.
The firms were ranked using the published point system included in the RFP
document. After discussion by the committee and public comment, the ranking
system placed Paradise Advertising and Marketing, Inc. as the # 1 ranked firm.
The agreement provides for Paradise Advertising and Marketing, Inc. to perform
tourism marketing services for an initial two (2) years with two additional one (1)
year renewal periods at the County's sole discretion. Marketing services are fo
include regular marketing and advertising efforts and emergency advertising in
addition to promotion and public relations services for the County museums.
Paradise Advertising and Marketing, Inc. has done an excellent job representing
Collier County for destination marketing services for the past four years and the
selection committee believed that this firm has the credentials to continue to
provide these services.
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Regular tourism advertising and production is budgeted for $2,000,000 annually
and museum promotion and public relations are budgeted for $50,000. With
prior approval of the County Commission by Change Order, expenditures for
media and production from outside vendors for regular and emergency
advertising over $2,000,000 will be billed at gross, reflecting a 15% commission.
County museum promotion and public relafions will be billed separately at gross,
reflecting a 15% commission.
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3/22/2011 Item 10.B.
A monthly service fee of $25,000 ($300,000 annually) covers all agency staff
services not related to production projects such as client services, media
research and verification and meeting time. Creative and design staff services
for production projects will be billed at agreed upon hourly rates as indicated in
Exhibit "A" of the agreement.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council
(TDC) unanimously (8-0) approved the agreement with Paradise Advertising and
Marketing, Inc. at the January 24, 2011 meeting.
LEGAL CONSIDERATIONS: This item has been reviewed by the Counfy
Attorney's Office, requires simple majority vote, and is legally sufficient for Board
action. - CMG
FISCAL IMPACT: The approved FY 11 Fund 184 budget for advertising and
promofion has sufficient funding for this contract.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management plan with this action.
RECOMMENDATION: That the Board of County Commissioners approves of
the award of RFP # 10-5541 to Paradise Advertising and Marketing, Inc. for
Tourism Marketing Services and authorizes the Chairman to sign fhe standard
confract in the amount of $2,350,000 following Counfy Attorney Office approval.
SUBMITTED BY: Jack Wert, Tourism Direcfor
Packet Page -641-
3/22/2011 Item 10.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.B.
Item Summary: This item continued from the February 8, 2011 BCC Meeting.
Recommendation to approve the award of RFP # 10-5541 to Paradise Advertising and
Marketing, Inc. for Tourism Marketing Services and authorize the Chairman to sign the standard
contract in the amount of $2,350,000 following County Attorney Office approval. (Jack Wert,
Tourism Director)
Meeting Date: 2/22/2011
Prepared By
Name: GreenKelly
Title: Tourist Development Tax Coordinator.Tourism
2/9/20115:19:15 PM
Submitted by
Title: Director - Tourism,Tourism
Name: WertJack
2/9/20115:19:16 PM
Approved By
Name: WertJack
Title: Director - Tourism,Tourism
Date: 2/1 0/20] 1 9:32: 19 AM
Name: Carnell Steve
Title: Director - Purchasing/General Services,Purchasing
Date: 2/10/20113:48:46 PM
Name: JohnsonScott
Title: Purchasing Agent.Purchasing & General Services
Date: 2/10/201 I 3:48:58 PM
Name: TeachScott
Title: Deputy County Attomey,County Attorney
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3/22/2011 Item 10.B.
Date: 2110/201] 4:31:58 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/1 1/2011 8:52:02 AM
Name: IsacksonMark
Title: Director-Corp financial and Mgmt Svs,CMO
Date: 2/14/20114:]5:46 PM
Name: IsacksonMark
Title: Director-Corp Financial and Mgmt Svs,CMO
Date: 2/14/201 14:54:06 PM
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3/22/2011 Item 10.B.
Contract # 10-5541
"TOURISM MARKETING SERVICES"
THIS AGREEMENT, made and entered into on this _ day of . 20---,
by and between Paradise Advertising and Marketing, lnc., hereinafter called the
"Contractor" and Collier County, a political subdivision of the State of Florida, Collier
County, Naples, hereinafter called the "County":
WITNESSETH:
1. COMMENCEMENT. The Contractor shall commence the work on April 1, 2011. The
initial term of the contract shall terminate on September 30, 2012. The County may, at
its discretion and with the consent of the Contractor, extend the Agreement for two (2)
additional one (1) year periods. The County shall give the Contractor written notice of
the County's intention to renew the Agreement term not less than ten (10) days prior to
the end of the Agreement term then in effect.
2. STATEMENT OF WORK: The Contractor will provide the following services
including, but not limited to:
a) Develop for approval and implementation and counsel with the County on
advertising and marketing communications to meet the County's objectives and
budgetary limitations.
b) Develop for approval and implementation, and obtain prior written approval
from the County by use of an Estimate or Insertion Order for all media and
production projects.
c) Plan and implement a strategic advertising and promotion program to include an
Emergency Advertising Plan and County museum promotional publicity, creative
art direction, copy writing, layout and production.
d) Create an annual marketing plan prior to the start of each fiscal year outlining
current situation, creative strategy, implementation schedule and measurement.
e) Develop collateral materials including brochures, newsletters, and direct mail,
including creative copy, layout and production.
f) Develop and implement website, Internet and social media marketing strategies
and advertising.
g) Maintain an office in Collier County staffed with a full-time Account Manager.
h) Supply the County with monthly reports reflecting agency activity and return on
investment, such as placement and inquiry reports.
i) Additional services may be added to this contract upon satisfactory negotiation of
price by the Contract Manager and Vendor.
2.1 ADVERTISING
Charges for advertising placed by the Contractor on behalf of the County will be billed
to the County in accordance with the negotiated rate(s) of the specified medium or
media. All charges for production, print and broadcast will be billed to the County
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3/22/2011 Item 10.B.
upon receipt of all required documentation. Invoices will include the appropriate
documentation including tear sheets, approved Insertion Orders or Estimates and
media or production vendor invoices.
The Contractor will prepare and send to the County pre-approved adjusted media
invoices to account for insertion changes, short rates, circulation rebates andlor other
estimates and adjustments.
The County agrees to assume full financial liability for properly authorized insertions
for advertising space and/ or time placed on its behalf by the Contractor. However,
the Contractor shall assume payment liability for all insertions for which the
Contractor has received payment in full from the County.
In the event that a publication andlor station elects not to accept the Contractor's
standard insertion order which disallows liability for unpaid media charges, the
County agrees to provide the publication and/ or station with written confirmation of
acceptance of this liability.
2.2 MATERIALS AND SERVICES
All charges for advertising production, photography, on-line, and social media
production design, printing, direct mail, audiovisual production services, marketing
research and museum promotional publicity will be estimated, authorized in writing
by the County and billed at cost on a project basis.
The County agrees to assume full financial liability for properly authorized services
initiated on its behalf by the Contractor.
County may modify, reject, canceL or stop any and all plans, schedules, or work in
progress at anytime by delivering written notice. In this event, however, County will
retain sole liability for all connnitments made by the Contractor prior to such action,
and reimburse Contractor for all of Contractor's charges and expenses for work begun
with County approval.
3. PAYMENT: Payment will be made upon receipt of a proper invoice and in compliance
with Chapter 218, Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an
appropriate amount of any payments for work not performed or for unsatisfactory
performance of Contractual requirements.
3.1 IRA VEL AND REIMBURSABLE EXPENSES
Travel expenses shall be reimbursed in accordance with Collier County Resolution
2006-40 and F.s. 125.0104. Travel mileage reimbursement is to be paid at the current
authorized rate.
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3/22/2011 Item 10.B.
Reimbursable items other than travel expenses shall include, but not be limited to the
following: actual telephone long-distance charges, actual fax charges, in office
photocopying charges at ten cents ($.10) per copy or actual photocopying charges if
done while traveling and actual postage and actual shipping charges. Reimbursables
will be paid only after Contractor has provided all receipts. Contractor shall be
responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
3.2 AGENCY FEE
For regular and emergency advertising, the County agrees to pay the Contractor a fee
of twenty-five thousand dollars ($25,000.00) per month based upon a total annual fee
of three hundred thousand dollars ($300,000.00) as consideration for all professional
time devoted to account administration, client meetings, strategic planning, media
planning, media negotiation, media placement, broadcast traffic and billing. All media
and production costs for regular and emergency advertising, including but not limited
to, creative and outside vendor costs up to two million dollars ($2,000,000.00) annually
will be billed to the County at net, so that the County receives any available agency
discount. Media or production billing over two million dollars ($2,000,000.00)
annually will be added by change order and will be billed at gross, reflecting a
Contractor commission of fifteen percent (15%). The Contractor fee will be billed on
the first day of each month beginning February 1, 2011, with a pro-rated amount back
to the execution date of the contract.
The museum advertising budget is currently fifty thousand dollars ($50,000.00) and
will be billed at gross, reflecting a Contractor commission of fifteen percent (15%).
All charges for advertising, production, photography, on-line production design,
social media, printing, direct mail, audiovisual production services, marketing
research and museum promotional activity will be estimated and authorized in
writing by the Tourism Director or his designee and billed on a project basis at net
cost. Out of pocket expenses will be billed at net.
The agency will provide emergency pro bono publicity and public relations services,
up to six thousand dollars ($6,000.00) in staff time. Additionally, the agency will make
publicity and public relations services over and above the emergency budget available
on an as-needed basis, estimated in advance on an Estimate Form and submitted to the
Tourism Director or his designee for prior written approval before expenses are
incurred.
3.3 PROFESSIONAL FEES/HOURL Y BASIS: For estimating and billing purposes,
services will be billed at the rates on Exhibit A attached hereto and made a part hereof.
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3/22/2011 Item 10.B.
4. NOTICES. All notices from the County to the Contractor shall be deemed duly served
if delivered by hand, fax, email or the United States Postal Services Department, first
class mail service, postage prepaid to the Contractor at the following Address:
Cedar Hames, President
Paradise Advertising & Marketing, Inc.
150 Second Avenue North # 800
St. Petersburg, FL 33701
Facsimile: 727-822-3722
All Notices from the Contractor to the County shall be deemed duly served if delivered
by hand, fax, email or the United States Postal Services Department, first class mail
service, postage prepaid to the County to:
Jack Wert, Director
Collier County Tourism Department
2800 N. Horseshoe Drive
Naples, Florida 34104
Facsimile: 239-252-2404
The Contractor and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement
must be in writing.
5. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Contractor or to constitute the Contractor as
an agent of the County.
6. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.5., all permits
necessary for the prosecution of the Work shall be obtained by the Contractor. Payment
for all such permits issued by the County shall be processed internally by the County.
All non-County permits necessary for the prosecution of the Work shall be procured
and paid for by the Contractor. The Contractor shall also be solely responsible for
payment of any and all taxes levied on the Contractor. In addition, the Contractor shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Contractor agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Contractor.
7. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Contractor
or if the County or its authorized representative shall deem any conduct on the part of
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3/22/2011 Item 10.B.
the Contractor to be objectionable or improper, the County shall have the right to
suspend the contract of the Contractor. Should the Contractor fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty-four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Contractor further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
8. OWNERSHIP OF DOCUMENTS:
County shall be the owner of all documents and materials produced pursuant to this
Agreement and Paradise Advertising & Marketing, Ine. shall not receive any additional
compensation for their use or reproduction by the County. The County shall be the
owner of and be in possession of all intellectual property created or furnished pursuant
to this Agreement, including, but not limited to drawings, layouts, photography, film,
video and printed documents, unless specifically exempted by the County.
9. TERMINATION. Should the Contractor be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The County shall be
sole judge of non-performance. Upon termination of this Agreement, Contractor will
bill the County for all amounts not previously billed and due Contractor at that time.
Contractor will not be entitled to payment for any advertisement if work on it
commenced after Contractor received notice of termination. Contractor will be entitled
to payment for services for advertisements commenced and approved for placement by
the County prior to receipt of such notice.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as
to race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liabilitv: Coverage shall have minimum limits of $500,000
Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property
Damage Liability. This shall include Premises and Operations; Independent
Agency's; Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability
Policy.
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3/22/2011 Item lO.B.
Current, valid insurance policies meeting the requirement herein identified shall
be maintained by Agency during the duration of this Agreement. Renewal
certificates shall be sent to the County thirty (10) days prior to any expiration date.
There shall be a thirty (30) day notification to the County in the event of
cancellation or modification of any stipulated insurance coverage.
Contractor shall ensure that all sub contractors comply with the same insurance
requirements that he is required to meet. The same Contractor shall provide
County with certificates of insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any
and all liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor or anyone employed or utilized by the
Contractor in the performance of this Agreement. This indemnification obligation shall
not be construed to negate, abridge or reduce any other rights or remedies which
otherwise may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Tourism Department.
14. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: RFP #10-5541 "Tourism Marketing Services", Contractor's Proposal, Insurance
Certificate, Addendum and Exhibit A, Hourly Rate Fee Schedule for Non-Routine Work.
15. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the
parties herein that this agreement is subject to appropriation by the Board of County
Commissioners. The approval of this Agreement is contingent upon a finding by the Collier
County Board of County Commissions that adequate funding exists for the purposes set
forth herein through approval of the annual Tourism Department budget. If Category "B"
tourist tax funds become unavailable in the future, no further funding under this contract
will be due to the Contractor and the County may terminate this Agreement in accordance
with section #9, "Termination".
16. COOPERATION: The Contractor shall fully cooperate with the County in all matters
pertaining to this agreement and provide all information and documents as requested by
the County from time to time. Failure to cooperate, as interpreted by the County, shall
constitute grounds for the County to impose sanctions that do not result in termination
of this Agreement.
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3/22/2011 Item 10.B.
17. EMPLOYMENT OF CONTRACTOR PERSONNEL: During the term of this Agreement
and for a period of one (1) year following its termination, the County agrees not to hire
any employee (past or present) of the Contractor who worked on the County's account
while employed by the Contractor.
18. A V AILABIUTY OF RECORDS: The Contractor shall maintain all records, books,
documents, papers and financial information pertaining to work performed under this
agreement. The Contractor agrees that the County, or any of its duly authorized
representatives, shall, until the expiration of five (5) years after final payment under
this Agreement, have access to, and the right to examine and photocopy any pertinent
books, documents, papers and records of the Contractor involving transactions related
to this Agreement.
19. PROHIBITION OF ASSIGNMENT: The Contractor shall not assign, conveyor transfer
in whole or in part its interest in this Agreement without the prior written consent of the
County.
20. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and! or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and! or firm from doing business with the County for a specified period of
time, including but not limited to: submitting bids, RFP, and! or quotes; and, c.
immediate termination of any contract held by the individual and/ or firm for cause.
21. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached during
negotiations to County for approval. Failing resolution, and prior to the commencement
of depositions in any litigation between the parties arising out of this Agreement, the
parties shall attempt to resolve the dispute through Mediation before an agreed-upon
Circuit Court Mediator certified by the State of Florida. The mediation shall be attended
by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to
County's board for approval. Should either party fail to submit to mediation as required
hereunder, the other party may obtain a court order requiring mediation under section
44.102, Fla. Stat.
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3/22j20111tem 10.B.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
22. KEY PERSONNEUPROJECT STAFFING: The proposer's personnel and management to
be utilized for this project shall be knowledgeable in their areas of expertise. The County
reserves the right to perform investigations as may be deemed necessary to insure that
competent persons will be utilized in the performance of the contract. Selected firm shall
assign as many people as necessary to complete the project on a timely basis, and each
person assigned shall be available for an amount of time adequate to meet the dates set
forth in the Project Schedule. Firm shall not change Key Personnel unless the following
conditions are met: (1) Proposed replacements have substantially the same or better
qualifications and/ or experience. (2) that the County is notified in writing as far in
advance as possible. Firm shall make commercially reasonable efforts to notify Collier
County within seven (7) days of the change. The County retains final approval of
proposed replacement personnel.
23. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of
any of the Contract Documents, the terms of the Request for Proposal and/ or the
Contractor's Proposal, the Contract Documents shall take precedence. In the event of any
conflict between the terms of the RFP and the Contractor's Proposal, the language in the
RFP would take precedence.
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3/22/2011 Item lO.B.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Dated:
(SEAL)
Fred W. Coyle, Chairman
Approved as to form and
legal sufficiency:
Assistant County Attorney
Print Name
Contractor:
PARADISE ADVERTISING & MARKETING, INC.
By:
First Witness
Signature
tType/print witness namet
Second Witness
Typed signature and title
tTypejprint witness namet
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3/22/2011 Item lO.B.
EXHITIB Il A"
CONTRACT 10-5541 - TOURISM MARKETING SERVICES
RATE SCHEDULE
SERVICE I POSITION
Director Strategic Planning
Brand Development Director
Director of Account Service
Account Supervisor
Account Manager
Account Executive
Account Coordinator
Media Director/ Planner
Media Buyer
Media Coordinator
Administrative Services
Accounting Manager
Traffic
Research - In house Director
Research - In house Coordinator
Creative Director
Associate Creative Director
Senior Copywriter
Copywriter
Designer
Senior Art Director
Art Director
Broadcast Production Supervision
Production Supervisor-Print
Production Supervisor-Digital
CCT RA TF/HOUR
$300.00
$300.00
$250.00
$175.00
$150.00
$125.00
$100.00
$200.00
$150.00
$100.00
$50.00
$125.00
$100.00
$200.00
$100.00
$250.00
$200.00
$175.00
$150.00
$175.00
$175.00
$150.00
$200.00
$150.00
$175.00
10
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NOTES
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
Included in fee
SERVICE I POSITION
Production Coordinator
Proofreading
In-house Video Services
In-house Photograph Services
In house A udio Services
Public Relations Director
Public Relations Account Manager
Public Relations Account Executive
Public Relations Writer
Public Relations Coordinator
Director of Diversity Marketing
Digital Services Director
Digital Strategist/Research
Digital Production Supervision
Digital Coordinator
Data Entry Specialist
Search Engine Optimization
Digital Production Developer
Director of Mobile Development
Social Media Marketing Director
Social Media Marketing Coordinator
3/22/2011 Item 10.B.
CCT RATE/HOUR NOTES
$100.00
$100.00
$200.00
$200.00
$200.00
$200.00
$150.00
$125.00
$150.00
$100.00
$200.00
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
Covered under fee up to $6,000 in PR time
$200.00
$150.00
$175.00
$125.00
$100.00
$150.00
$200.00
$250.00
$175.00
$125.00
The Agency will present written estimates for client approval for any costs being incurred.
All out-of -pocket costs will be billed at net. The Agency billing invoices will include a copy of the signed
estimate and all vendor invoices. Cost will not exceed the original signed estimate unless revised with written
approval from the client. All cost savings will be passed on to the client.
II
Packet Page -654-
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