HomeMy WebLinkAboutMINUTES - 09142004 - C25 ........_ ......... ......... ......... ......... ......... ......._... _. ...
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TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE M. SHIU, CHIEF ENGINEER
DATE: September 14, 2004
SUBJECT: APPROVE contract with Panagraph in the amount of$275,000 for the period September 1,
2004 through June 30, 2005, Countywide. (Cities and County Storwater Utility Fee
Assessments)(All Districts) Project No.: 0929-6X7056
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Chief Engineer or designee,Contra Costa County Flood Control
and Water Conservation District,on behalf of the Contra Costa Clean Water Program,to execute a
contract with Panagraph, in the amount of$275,000 for public education and industrial outreach
activities mandated by the Joint Municipal National Pollutant Discharge Elimination System
(NPDES) Permits issued by the San Francisco Bay and Central Valley Regional Water Quality
Control Boards,for the period September 1,2004 through June 30,2005,Countywide.(Cities and
County Stormwater Utility Fee Assessments) (All Districts) Project No.: 0929-6X7056
Continued on Attachment: X Signat
RECOMMENDATION OF COUNTY ADMINISTRATO
_ _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATliRE{
ACTION OF BA ON SEPTEMBER 14, 2004 APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
VOTE OF SUPERVISORS shown.
X_ UNANIMOUS{ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: _ SEPTEMBER I4, 2004
John Sweeten, Clerk of the Board of Supervisors and County
DPF:kh Administrator
G:\GrpData\NPDES\BO_Res—Contracts_Agrnt\Panagraph\
03 04\BO 07 08 03.doc
Orig Div: Public Works(NPDES)
Contact: Donald P.Freitas(925)313-2373 By_ "�'; ,Deputy
cc: CAO
Auditor—Contract Division
PW-Accounting
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SUBJECT: APPROVE contract with Panagraph in the amount of$275,000 for the period September 1,
2004 through June 30, 2005, Countywide. (Cities and County Stormwater Utility Fee
Assessments) (All Districts)Project No.: 0929-6X7056
DATE: September 14, 2004
PAGE: 2
H. Financiallmpact:
The cost is estimated to be$275,000;and, shall be funded by city and county stormwater utility fee
assessments collected by the cities and county proportioned to their respective populations.
IIL Reasons for Recommendations and Background:
The United States Environmental Protection Agency issued the NPDES Regulations for
stormwater discharges on November 16, 1990 requiring Contra Costa County,nineteen(19)of its
incorporated cities and the Contra Costa County Flood Control and Water Conservation District to
implement their Joint Municipal NPDES permits for stormwater discharges issued by the San
Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits seek to
significantly reduce or eliminate all pollutants from entering the waters of the San Francisco
Bay/San Joaquin Delta Region.
The Contra Costa Clean Water Program is made up of representatives of each of the nineteen(19)
cities,the County, and the Flood Control District. One of the most important requirements of the
Joint Municipal NPDES permit is to implement an effective Public Education and Industrial
Outreach Program. The education program is a long-term commitment to modify social behavior
to reduce pollution to the San Francisco Bay/San Joaquin Delta. The recommendation of the
Contra Costa Clean Water Program is to contract with Panagraph for the 2004/2005 fiscal year.
IV. Consequences of Negative Action:
If the consulting services agreement with Panagraph is not approved,then all municipalities will be
in non-compliance with the Joint Municipal NPDES permits issued by the San Francisco Bay and
Central Valley Regional Water Quality Control Boards.Potentially,fines totaling$10,000 per day
and$10 per gallon of stormwater discharge for all affected entities could be imposed.
CONSULTING SERVICES AGREEMENT
1. Special Conditions.These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Flood Control&Water Conservation District - _ --
(b) Consultant's Name&Address: PANAGRAPH
8365 N. Fresno Street 4th Floor
Fresno CA 93720
(c) Project Name, Number, & Location: Contra Costa Clean Water Program's Public Education&
Industrial Outreach Program ; Project No.: 0929-6X7056
(d) Effective Date: September 1, 2004 (e) Payment Limit(s): $275,000
(f) Completion Date(s): June 30, 2005
2. Signatures, These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSUL NT
By: Maurice M. Shiu � �
Public Works Director/
Chief Engineer, or Designee (Designate official capaaty in the bus/ ess Type of Business:
(sole proprietorship,government agency, partnership, corporation,etc.)
If Corpo tion, State f Incorpogation: -t/`''
By: By:AM4 ya�"
(Designate oiNcial cap ity in th6 business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the
chairman of the board,president,or vice-president;the second signature must be that of the secretary,assistant secretary,
chief financial officer,or assistant treasurer.(Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below
must be signed by a Notary Public.
�1.�IMY. 111��, �iY�YYi1��IIIrWi �'YY
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
-- ) ss.
County of D )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s)signing above for
Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s)acted, executed the Instrument.
WITNESS my hand and official seal.
Dated: Oq
Notary Public
(Notary's Seal)
KRI 'IMVA NUNN
t;ami►*1466631
.............................................................A.................
3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as
follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment,to perform the
professional services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by
this reference.
6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for
Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub-
contracts relating to the preparation of such document or written report, provided that the payment limit specified in
Sec. 1(e)exceeds$5,000.When multiple documents or written reports are the subject or products of this agreement,
the disclosure section may also contain a statement indicating that the total contract amount represents compensation
for multiple documents or written reports.
7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers'
Compensation Insurance pursuant to state law;and,(b)Comprehensive General Liability Insurance,including blanket
contractual (or contractual liability)coverage, broad form property damage coverage, and coverage for owned and
non-owned vehicles, with a minimum combined single limit coverage of$1,000,000 for all damages due to bodily
injury,sickness or disease,or death to any person,and damage to property,including the loss of use thereof,arising
out of each accident or occurrence, and naming Public Agency, Contra Costa County, City of Antioch, City of
Brentwood,City of Clayton,City of Concord,Town of Danville,City of El Cerrito,City of Hercules,City of Lafayette,City
of Martinez,Town of Moraga,City of Oakley,City of Orinda,City of Pinole,City of Pittsburg,City of Pleasant Hill,City
of Richmond, City of San Pablo, City of San Ramon, City of Walnut Creek, its/their governing bodies, officers and
employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance
evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or
material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B
attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be
allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be
reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a
detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment
limit(s)specified in Sec. 1(e)without prior written approval of the Public Agency.Consultant's billing statements shall
be submitted at convenient intervals approved by Public Agency and shall list,for each item of services,the employee
categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code
Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employ"of Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services
covered by this Agreement no later than the Completion Date(s)listed above.
11. Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all
materials and records prepared or obtained in the performance of this Agreement, including financial records,for a
period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by
Public Agency,at no additional charge,Consultant shall promptly make such records available to Public Agency,or to
authorized representatives of the state and federal governments,at a convenient location within Contra Costa County
designated by Public Agency, and without restriction or limitation on their use.
12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in
Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is
necessary to enable Public Agency to monitor the performance of this Agreement.
13. Ownership of Documents.All materials and records of a finished nature,such as final plans,specifications,reports,
and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property
of Public Agency. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans,
computations and other data, prepared or obtained in the performance of this Agreement, shall be made available,
upon request,to Public Agency at no additional charge and without restriction or limitation on their use.
...............
14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by
Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a
particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to
commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a
written authorization or change order describing the work and payment terms has been executed by Public Agency
prior to the commencement of the work.
15. Payment Retention,Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the
fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted final billing,
and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds.Public Agency
will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will
not be withheld for any"on-call"work.
16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at anytime
by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of
termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or
abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of
such cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity.Any
disputes relating to the performance of this Agreement shaft not be subject to non judicial arbitration. Any litigation
involving this Agreement or relating to the work shall be brought in Contra Costa County, and Consultant hereby
waives the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes,
ordinances, rules and regulations,whether federal, state,or local in origin.This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code, Section 1775.
20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether
voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that
portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public
Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void.
21 Subcontract€ng.Ail subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described
in Appendix A prior to delivering thein to Public Agency,and where appropriate,indicate his/her registration number.
23. Patents and Copyrights.The Issuance of a patent or copyright to Consultant or any other person shall not affect Public
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency
reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or
otherwise.
24. indemnification. Consultant shah indemnify,defend,save, protect, and hold harmless Public Agency, its governing
body, officers, employees, representatives, and agents ("Indemnitees")from any and all demands, losses, claims,
costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directly or indirectly
from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole
or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors,
subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for
any expenditures, including reasonable attorneys' fees and costs, the Indemnitees may make by reason of such
matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of
Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful
misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be
required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or
willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall
survive the termination or expiration of this Agreement.
25. N Iters=Successors and Assam.Except as provided otherwise in Section 20 above,this Agreement shall inure to the
benefit of and bind the heirs, successors,executors, personal representatives,and assigns of the parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's
governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of
qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted
scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public
Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a
product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Public Agency.Notwithstanding the foregoing,Consultant may express its views on
products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by
the Public Agency's governing board or by law to receive such views.
27. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in
Appendix C,attached hereto and made a part hereof by this reference. Changes in project personnel may only be
made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days
in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and
credentials comparable to those of the person being replaced.
28. Disadvantaaed Business Enterprise{DBE)Requirements Federal aid projects only). Consultant shall comply with
all applicable provisions of 49 CFR, Parts 23 and 26,and the County's Disadvantaged Business Enterprise(DBE)
Program,which are incorporated into this Agreement by reference. In addition, in performing services under this
Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request
for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts,listed in Appendix
B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the
amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE
and shall submit to Public Agency written documentation of such effort.
29. Federal Cost Princloles and Procedures (Federal aid projects only). Consultant shall comply with the following
provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual
items of costs set forth in 48 CFR,Chapter 1,Part 31:(b)the administrative procedures set forth in 49 CFR,Part 18;
and (c)the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to
Consultant. in the event that payment is made to Consultant for any costs that are determined by subsequent audit to
be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30
days of written request from Public Agency. Should Consultant fail to do so,and should the Public Agency file legal
action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees,costs, and other
expenses incurred by Public Agency in connection with such action.
Attachments:Appendix A,Appendix 8,Appendix C
Form approved by County Counsel(11100)
G:\GtpDataiNPDES180_Res Contracts Agmt\Panagraphl04 051CSA 04 05.doc
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Scope of Work
CONTRA COSTA CLEAN WATER PROGRAM
PUBLIC EDUCATION AND INDUSTRIAL OUTREACH
2004/05 FISCAL YEAR
The following program development, implementation and assessment tasks are suggested
for the 200405 Contra Costa Clean Water Program Public Education and Industrial Outreach
(Program.) activities. These communication materials,media and outreach activities are
strategically aligned with those developed in previous Program efforts to assure a cohesive
outreach effort for the Program.
Task 1 Research & Development
Five-Year Strategic Plan
Prepare a 5-year strategic plan that identifies Program outreach goals,message concepts,
target audiences, communication tools,media venues,grass roots outreach activities and
methods for measuring results. Prepare plan to assist the Program in meeting its NPDES permit
objectives. As a part of this task,identify the diverse groups within Contra Costa County that
need to be reached and assist the PEIO Committee in prioritizing these audiences and identifying
effective methods to reach them.
Public Opinion Survey
Implement a quantitatively reliable telephone survey within Contra Costa County that
measures public awareness of stormwater issues and pollutant-specific behaviors. Assess the
knowledge of the Program and its messages. Compare results with those gathered from the
previous public opinion surveys to measure and evaluate changes in the public's awareness of
stormwater quality messages and pollution prevention behaviors with emphasis on information
disseminated through the Program's mixed media campaign.
Focus Groups
Design and implement a series of focus groups to understand why people think and feel
the way they do about stormwater, water bodies and enviroranental issues. Use focus group
responses to assess the participants' understanding of the Program and its messages. These
personalized,interactive sessions are highly effective in gaining insight into attitudes and
perceptions of important audiences within the community.
I
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Media Evaluation Report
Prepare a detailed media reconciliation report outlining the goals and messages of the
campaign as well as defining the target audiences, reach, frequency, value added media and total
campaign sources and costs.
Task 2: Marketint!and Advertising
Media Campaign
Conduct a media campaign utilizing cable television,radio and/or signage and newspaper
print ads. The purpose of the campaign is to educate and reinforce the Program's pollution
prevention messages to the public. Provide media planning,placement and assessment services.
Analyze costs and audiences reached by specific programming, and negotiate and implement
contracts. Provide the Program with documentation of task progress for approval. Reinforce
message recognition and understanding by using a new public service announcement.
Direct Mail Campaign
Develop a pilot study direct mail campaign that utilizes the action tagline"Water is life.
Rescue it." Target a specific audience, behavior or pollutant of concern, such as mercury,
pesticides or composting. Implement the pilot study within specific areas of the county. In
development of the pilot study,consider teaming up with other organizations to distribute the
pollutant-specific information.
Task 3: Youth/Education Activities
Schools Program Implementation
Expand upon past outreach efforts to target high school students and teachers with
stormwater pollution prevention information and activities. Together with the PE10 Committee,
review input from teachers gathered in the spring of 2004 for improvements to the learning
activities. Provide development services for responding to teacher suggestions. In addition,
organize and implement a series of focused interviews with middle school teachers within the
county to assess the opportunities and barriers related to adapting the school site learning
activities for use in middle school science classrooms.
Schools Program Supplies,Materials and Resources
Provide the supplies,materials and resources necessary to implement the schools
program. Expenses may include, but not be limited to, such items as printing and distribution of
schools program packets, illustrations, transparencies, CDs and various duplication costs.
..............
Task 4: Promotional Items
Design specialty items to support community events and other projects. Research those
items that are made of recyclable materials. Provide alternatives to staff and the PEIO committee
for approval. Develop and reproduce materials as directed.
Task S: Printed Materials
Organize and provide printing of materials as needed by the Program.
Task 6: Proiect Management
Provide process management and coordination services to assure continuity of public
outreach messages among various forms of media and materials developed during the contract
year. Provide PEIO committee with monthly status reports on program development activities
and produce brief evaluation documents as needed to summarize the development of program
media and materials. Develop an Annual Report of activities and deliverables. Provide print
estimating,vendor management and quality control services as required to assure consistent
quality in the production of program materials.
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Fee Schedule and charges Attachment B
Current Fee Schedule
(Hourly billing rates)
1. Consultant Services: $120
Strategic planning, direction,project management,
Meetings, Research, etc...
2. Coordination Services $95
3. Creative Direction $110
4. Design and Copywriting $95
5. Art services $95
6. Web services $95
7. Public& Media Relations $95
8. Event coordination, media analysis,planning,buying $95
9. On-location and studio photography $110
10. Videography with BETA SP equipment $155
Additional crew member $65
Post production editing $155
Graphic effects,animation $135
Computer rendering $60
Archiving/dubbing $95
VHS Dubs (per 15 unit) $15
Beta SP Stock $60
DLT Stock $65
Audio Stock $11
11. Support services including: $65
Database input, mailing services etc...
12. PowerPoint Presentation $95
1
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13. Miscellaneous costs.
Phone&Fax $50/month
Car mileage .36/mile
Printing/Music rights mark ups 10%
Subcontractor mark ups 10%
Low Res. Color printouts (8 %Z x 11 unit) $1.50/unit
Photocopies 10/unit
Computer rendered calor proofs
Per 8V2 x 11 unit $10
Per 11 x 17 unit $20
Stock Photos—in house library $50 per image
Stock music—in house library $75/drop
Photo scans and print negatives 25%mark up
2
Personnel Attachment C
Principal Director
President Copyeditor
CEO Designer
CFO Writer
Senior Vice President Editor
V.P. of Operations
V.P. of Business Development Senior Public Relations Consultant
V.P. of Client Services Public Relations Consultant
V.P. of Public Relations
Media Relations Director
Senior Consultant Media Analyst
Consultant Media Buyer and Planner
Marketing Supervisor Mixed Media Campaign Coordinator
Marketing Manager
Account Leader
Account Coordinator
Administrative Support
Office Manager
Creative Director
Assistant Creative Director
Art Director
Senior Graphic Designer
Graphic Designer
Production Artist
Website Development Director
Illustrator
Digital Media Department Manger
Visual Effects Producer
Visual FX and Animation Director
Videographer
Video Producer
Production Coordinator
Digital Video Engineer
Digital Video Editor
Multi Media Producer
Animator
Photographer
2
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