HomeMy WebLinkAboutC2014-361 - 11/18/2014 - Approved Page 1 of 2
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Bucket Works
Agency/Advertiser Contract- Addendum
Creative Brief
Bucket Works will create and execute the anti-litter education campaign, "Leave It Better Than You Found It- CC
Pledge", that will focus on community outreach and education as outlined in the attached BW Education Campaign
Outline- CC Pledge.
Fee: Agency fee is based on hourly rate of$100.00. Agency will invoice 15% media buying fee on all applicable
media, and client will pay direct to media outlet. Any contracted professional services such as graphic design,
photography, video production, video production editing; printing, etc.; such charges will pre-approved by the
advertiser prior to and paid directly by the advertiser.
Contract Duration: October 1, 2014 - March 1, 2015
Project to not exceed $20,000 (Includes agency fee and 15% media buying fee. Does not include approved
contract services.)
1. Payment
All invoices are payable upon receipt. A $50 service charge is payable on all overdue balances for reissuing each
invoice at 31, 61 and 90 days from the date of original invoice. The grant of any license or right of copyright is
conditioned on receipt of full payment.
2. Default in payment
The Advertiser shall assume responsibility for cost outlays by agency in all collections of unpaid fees and of legal fees
necessitated by default in payment. Invoices in default will include but are not limited to fees for collection and legal
costs.
3. Estimates
The fees and expenses listed in "estimates"are based on a maximum estimate. Any line items not listed as contracted
services will be assessed at $100.00 per hour and the agency shall keep the Advertiser apprised of a tally of hours
within a reasonable period of time. Final fees and expenses shall be shown when invoice is rendered.
4. Changes
The Advertiser must assume that all additions, alterations, changes in content, layout or process changes requested
by the Advertiser will alter the time and cost. The Advertiser shall offer the Agency the first opportunity to make any
changes.
5. Cancellation
In the event of cancellation of this assignment, ownership of all copyrights and the original artwork shall be retained
by the Agency, and a cancellation fee for work completed, and expenses already incurred, shall be paid by the
Advertiser. Cancellation fee is based on the hours submitted, if the project is on an hourly basis or a percentage based
on the time estimate for the entire job. A 100% cancellation fee is due once the project has been finished, whether
delivered to the Advertiser or not. If the project is on an hourly basis and the project is canceled by the Advertiser,
the Advertiser agrees to pay no less than 100% of the hours already billed for the project at the time of cancellation.
6. Ownership and return of artwork
The Agency retains ownership of all original artwork whether preliminary or final. If transfer of ownership of all rights
is desired, the rates may be increased. If the Advertiser wishes the ownership of the rights to a specific design or
concept, these may be purchased at any time for a recalculation of the hourly rate on the time billed or the entire
project cost.
7 rradit Lines
2014-361 hall receive a credit line with any editorial usage. If similar credit lines are to be
11/18/14 ust be so indicated here.
M2014-151 INDEXED
BucketWorks
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8. Modifications
Modifications of the terms of this contract must be written and authorized by both parties, involving the
implementation of a new version of the contract as a whole following standard procedures of documentation and
approval.
9. Code of fair practice
The Agency warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original
and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work
or portions thereof obtained through the undersigned from third parties is original or, if previously published, that
consent to use has been obtained on an unlimited basis; that the Agency has full authority to make this agreement;
and that the work prepared by the Agency does not contain any scandalous, libelous, or unlawful matter. This
warranty does not extend to any uses that the Advertiser or others may make of the Agency's product that may
infringe on the rights of others. Advertiser expressly agrees that it will hold the Agency harmless for all liability caused
by the Advertiser's use of the Agency's product to the extent such use infringes on the rights of others.
10. Limitation of liability
Advertiser agrees that it shall not hold the Agency or his/her agents or employees liable for any incidental or
consequential damages that arise from the Agency's failure to perform any aspect of the project in a timely manner,
regardless of whether such failure was caused by intentional or negligent acts or omissions of the Agency
or Advertiser, any Advertiser representatives or employees, or a third party.
11. Dispute Resolution
Any disputes in excess of the maximum limit for small-claims court arising out of this Agreement shall be submitted to
binding arbitration before a mutually agreed-upon arbitrator pursuant to the rules of the American Arbitration
Association. The Arbitrator's award shall be final, and judgment may be entered in any court having jurisdiction
thereof. The Advertiser shall pay all arbitration and court cost, reasonable attorney's fees, and legal interest on any
award of judgment in favor of the Agency. All actions, whether brought by Advertiser or by Agency will be filed in the
Agency's state/county of business/residence.
12. Acceptance of terms
The signature of both parties shall evidence acceptance of these terms.
Agency Ml,!q(J its Bucket Works, LLC ' // /r
App,r ov ed as to form. , ° /It/
Date: 10/17/20/4 ,, l
Advertiser' OM-_ //i/_L!s•- • . orpus Christi
Assistant City Attorney
Date: For City Attorney
Acceptance of terms
The action of the sending and receipt of this agreement via electronic method will hold both parties in acceptance of
these terms. The Agency as sender and the Advertiser as recipient will acknowledge acceptance of these terms either
through an e-mail noting acceptance or acceptance is acknowledged at the beginning of any work on said project.
Electronic signatures shall be considered legal and binding. This contract is held accountable to the legal system of
Nueces County and any applicable statutes held therein.
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Bucket Works
advertising • association management • political campaigns
Litter Ordinance
Education Campaign
711 N.Carancahua,Suite 1603
Corpus Christi,TX 78401
Telephone(361)884-2992 Fax(361)882-171
www.bucketworksadvertising.com
Litter Ordinance
Education Campaign*
Oct.1,2014-March 1,2015
Educational Campaign:"CC Pledge"
Bucket Works Cost:To not exceed$20,000(includes media buying fee)
SERVICES INCLUDE:
Agency Services:$5,000
Advertising,Marketing&Public Relations Services
• Design/Production Hours
o Billboard ads
o Print ads
o Digital ads
o Social media ads
o Out of Home ads
o Truck wraps
• Media planning with non-traditional media outlets
• Social Media Development
o Facebook messaging
o Twitter messaging
o Instagram messaging
• Public Relations Services
o Write and publish opinion editorials
o Write and publish letters to the editor
Community Outreach
• Retailers
o Partner outreach
o Development of online marketing toolbox
o Updates to mobile application
• Schools
o Partner outreach
o Assistance with curriculum update
o Contests coordination
o Updates to mobile application
• Events
o Partner outreach
o Development of online marketing toolbox
o Updates to mobile application
o Contests coordination
Media Buying Fee-Not to exceed$15,000
Amount based on approved media budget of$100,000. Bucket Works receives 15%media buying fee on all applicable media.
2 I Bucket Works,LLC-Litter Ordinance Education Campaign
CONTRACTED SERVICES TO BE PAID DIRECTLY BY THE CLIENT
Vendor Costs-Not to exceed$13,050(not included in Bucket Works$20,000 estimate):
• Enlightened Images
o Estimate:$5,050
o Production of one English and one Spanish :30 TV spot
• One full-day shoot
• Editing for English and Spanish spot
• Music track
• Casting fee
• Talent fee
• Ensemble Group
o Estimate:$8,000
o Virtual pledge build
• 4 page pledge(main page plus 3 pledge detail pages)
• Link to social media pages for sharing
• Background graphics as measurement tool
• Pledge partner logo section
• Video and picture capabilities
• Partner Area to include:
o Capabilities to download media kits
o Capabilities to sign in with authentic log-in
• Admin Area to include:
o Capabilities for minor editing of copy,pictures and video
o Capabilities for editing partner tool kit
o Pledge database
o Partner database with assigned access codes for tool box for tracking purposes
Agency fee is based on hourly rate of$100.00.Agency will invoice 15%media buying fee on all applicable media and will add as a
line item on each invoice,and client will pay direct to media outlet.
*Program only includes Agency fee. Estimate does not include any print production. Contracted vendors will be paid directly by Client.
3 I Bucket Works,LLC-Litter Ordinance Education Campaign