Item #03 Approval of Additional Expenses for Founders’ Day t
Ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: July 19, 2016
Item # 3
Reviewed By:
Contact Name: Craig Shadrix Department Director:
Contact Number: City Manager: /11411
Subject: Approval of initial Founder's Day expenditures
Background Summary:
The 2016 Ocoee Founders Day festival is scheduled for the weekend of November 4 and 5, and with its
approach comes expenses expected to be covered by sponsorships, beverage revenues, and other sources
leading up to the festival. In the interest of maintaining the existing high level of service associated with the
festival, it is necessary for the City to allocate initial funding to the following three items:
1. Binder agreement initial installment of$37,500 for services of Pat Benatar; and,
2. Entertainment production services of Len Walls for$3,000; and,
3. Digital media and marketing services of Beat Creative for$12,000.
All three of these initial costs are critical to the viability of the festival and will require initial allocation from
existing City funds in anticipation that revenues will come close to reimbursement. Staff is requesting that the
City Commission allocate funding in the amount of $52,500 to front these expenses, and approve any and all
transfers necessary to replenish these funds from realized revenues.
Issue:
Should the Honorable Mayor and City Commission authorize expenditures and necessary transfers in the
amount of $52,500 for initial entertainment, production, and marketing expenses, waiving all applicable
purchasing guidelines?
Recommendations
Staff recommends that the Honorable Mayor and City Commission authorize expenditures and necessary
transfers in the amount of $52,500 for initial entertainment, production, and marketing expenses, waiving all
applicable purchasing guidelines.
Attachments: Forthcoming
Binder agreement for Len Walls/4walls Entertainment
Binder agreement for Pat Benatar
Financial Impact:
An allocation $95,000 was approved for Founder's Day in the current year budget. Sponsorships, donations,
and miscellaneous revenue sources are received during the year to increase the total revenues available to
approximately $300,000. If funds in the Founder's Day account are not sufficient to cover the expenditure of
$52,500 authorized, internal transfers would be made to provide sufficient funding and will be repaid as
additional revenues are received.
Type of Item: (please mark with an `x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
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107 Pecorri Court
Auburndale,FL 33823
AGREEMENT
This Agreement, made and entered into this 29th day of February, 2016, by and
between , OCOEE FOUNDERS DAY , hereinafter referred to as PURCHASER, and
LEN WALLS / 4WALLS ENTERTAINMENT, INC., a corporation duly organized under
the Laws of the State of Florida, hereinafter referred to as ENTERTAINMENT
PRODUCER.
WITNESSETH:
That the consideration for this contract is the mutual promises and agreement of
the participating parties hereto, enumerated and detailed hereafter and as
follows:
The PURCHASER hereby agrees and contracts to engage the services and
facilities of said ENTERTAINMENT PRODUCER to furnish said PURCHASER an
entertainment package, subject to the within-described terms and conditions,
and to pay said ENTERTAINMENT PRODUCER the herein-stipulated price.
1. The ENTERTAINMENT PRODUCER agrees and contracts to procure and
produce for said PURCHASER'S presentation a show, entertainment, act or acts,
known as:
2016 OCOEE FOUNDERS DAY MAIN STAGE ENTERTAINMENT
2. PLACE OF ENGAGEMENT: Bill Breeze Park
150 Lakeshore Drive
Ocoee, Florida, 34761
3. DATE(s) OF ENGAGEMENT: Friday, November 4, 2016
Saturday, November 5, 2016
4. SHOW TIME(s): Per Festival schedule
5. TYPE OF ENGAGEMENT: Outdoor stage show
6. FOR THE PRICE OF: A fee equal to 8% of the Talent Budget.
All payments shall be paid by PURCHASER in U.S. funds by CERTIFIED or CA 'IER'S
CHECK, CASH, or COMPANY CHECK, without any deductions whatsoever as
follows:
Checks are to be made payable to: 4WALLS Entertainment, Inc.
7. UNDER THE FOLLOWING TERMS:
- $3,000.00 binder due with signed contract by city of Ocoee check
- Balance due Friday, November 4, 2016, by city of Ocoee checjc
8. COMMENTS:
- PRODUCER will provide PURCHASER will pay for: stage, sound wings,
sound, lights, electrical service, electrician, runner, dressing rooms, load-in
and load-out labor,
MALLS E,•E44414:4•0444 l4 c.
107 Pecorri Court
Auburndale,FL 33823
Page 2, Ocoee Founders Day Agreement, 2016
stage hands, tents, tables, chairs, catering/back stage hospitality,
payment for Talent/Production and security.
-PRODUCER will provide: Producer, Stage Manager, stage security
laminates, meal tickets for catering, backstage parking permits, stage
towels, and coordinate Artists meet and greet (s).
-PRODUCER will act as Talent and Production buyer, strictly adhering to
predetermined City of Ocoee budget; negotiate all Talent and
Production contracts; and oversee all elements, both mechanical and
artistic, necessary for the production of this event.
- ATTACHED RIDER MADE PART OF THIS CONTRACT.
- INCLEMENT WEATHER DOES NOT ALTER TERMS OF THIS CONTRACT.
If this is an outdoor engagement, and inclement weather conditions, such as
rain, prevail; and the act is expected to perform, PURCHASER must furnish a well-
covered stage that doesn't leak in order for the ARTIST to perform, due to the
fact that all instruments are electrical and amplified and could create a hazard
to the lives of the ARTIST and musicians. Should such inclement weather
conditions occur prior to or during the performance, making it impossible to
complete the show, ARTIST and ENTERTAINMENT PRODUCER shall, nevertheless,
be paid the full contract price.
It is mutually understood and agreed that the additional terms and conditions
on the following pages of this contract shall be regarded as being incorporated
herein and made a part hereof.
RUSTY JOHNSON LEN WALLS
OCOEE FOUNDERS DAY 4WALLS ENTERTAINMENT, INC.
Purchaser Entertainment Producer
Signature Signature
150 North Lakeshore Drive 107 Pecorri Court
Ocoee, Florida 34761 Auburndale, Florida 33823
Phone: 863-967-6525 - (Cell) 904-571-3939 `'
Fa•T f•••444 L.
107 Pecorri Court
Auburndale,FL 33823
Page 2, Ocoee Founders Day Agreement, 2016
stage hands, tents, tables, chairs, catering/back stage hospitality,
payment for Talent/Production and security.
-PRODUCER will provide: Producer, Stage Manager, stage security
laminates, meal tickets for catering, backstage parking permits, stage
towels, and coordinate Artists meet and greet (s).
-PRODUCER will act as Talent and Production buyer, strictly adhering to
predetermined City of Ocoee budget; negotiate all Talent and
Production contracts; and oversee all elements, both mechanical and
artistic, necessary for the production of this event.
- ATTACHED RIDER MADE PART OF THIS CONTRACT.
- INCLEMENT WEATHER DOES NOT ALTER TERMS OF THIS CONTRACT.
If this is an outdoor engagement, and inclement weather conditions, such as
rain, prevail; and the act is expected to perform, PURCHASER must furnish a well-
t
covered stage that doesn't leak in order for the ARTIST to perform, due to the
fact that all instruments are electrical and amplified and could create a hazard
to the lives of the ARTIST and musicians. Should such inclement weather
conditions occur prior to or during the performance, making it impossible to
complete the show, ARTIST and ENTERTAINMENT PRODUCER shall, nevertheless,
be paid the full contract price.
It is mutually understood and agreed that the additional terms and conditions
on the following pages of this contract shall be regarded as being incorporated
herein and made a part hereof.
RUSTY JOHNSON LEN WALLS
OCOEE FOUNDERS DAY 4WALLS ENTERTAINMENT, INC.
Purchaser Entertainment Producer
Signature Signature
150 North Lakeshore Drive 107 Pecorri Court
Ocoee, Florida 34761 Auburndale, Florida 33823
1
MALLS Entertahment,Ins
107 Pecorri Court
Auburndale,FL 33823
AGREEMENT RIDER
1. It is agreed and understood that should inclement weather render performance impossible or not
feasible,PURCHASER shall nevertheless pay the PRODUCER full compensation as provided herein and
the ARTIST,as long as ARTIST is ready,willing,and able to perform.
2. In the event of sickness or of accident to ARTIST or if performance is prevented,rendered
impossible or infeasible by any act or regulation of any public authority or bureau,civil tumult,strike,
epidemic,interruption in or delay of transportation services,war conditions or emergencies or any cause
beyond the control of the PRODUCER or ARTIST,it is understood and agreed that there shall be no claim
for damages by either party to this contract and PRODUCER'S and ARTIST'S obligation to such f
performance shall be deemed waived. In the event of such non-performance for any of the reasons stated in
this paragraph,the monies advanced for the ARTIST shall be returned. Payment to PRODUCER remains
in force.
3. To the extent permitted by law,PURCHASER indemnifies and agrees to defend and hold
harmless PRODUCER,ARTIST,and their authorized representatives and employees from all liability,
claims,demands,actions,damages,costs and expenses,including attorneys' fees,that may arise from
damage or loss of property,or death or injury sustained by any persons because of this engagement Also
included are demands and liabilities created by cancellation of event by PURCHASER.
4. PURCHASER agrees to acquire and maintain all insurance(including,without limitation,
Worker's Compensation) required to cover its employees who are involved in the performance of its'
obligations pursuant to this agreement,such as stage hands,security personnel,sound and light operators,
or any others deemed necessary by PRODUCER.
5. PURCHASER will be responsible for all security,parking,licenses and permits,taxes,health
regulations,ushers,ticketing,advertising and promotion necessary for the performance of this event,
insurance,adequate electrical power,electrician,venue rental,and private dressing area.
6. ARTIST shall have the right to sell merchandise at the engagement at no charge for tables,chairs,
tents(if necessary)or space.
7. There shall be NO taping,recording(audio or video),filming or broadcasting of ARTISTS'
performance without prior WRITTEN consent from ARTIST.PURCHASER retains the right to document
event with audio and video recordings within the demands of ARTISTS.
ACCEPTED AND AGREED TO ACCEPTED AND AGREED TO
PURCHASER'S signature PRODUCER'S signature
Date Date
Phone(863)967-6525-Cell(904)571-3939
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event industry marketing
by beatcreative
We help organizations tell their story through online
media and creative content.
Proposal personally crafted for:
OCOEE
FOUHUERS' BAY
FESTIVAL ,
2016
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June 14, 2016 - UPDATED
Presented by:
Michelle Bergstein-Fontanez
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overview and Goals
Dear Rusty,
We are excited about this opportunity and look forward to working with Ocoee Founders' Day this year.
As we discussed during our meeting, we are presenting a 4-month assistance plan where we will
support you with marketing, website, online communications, event management, logistics,
sponsorship fulfillment and on-site support.
Our success will rely on communication, upon approval of this proposal, we need to set-up a meeting to
establish timelines and next steps for actionable items.
We look forward to collaborating with you and becoming an extension to your team.
Sincerely,
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Michelle Bergstein-Fontanez
Owner/ Marketing Maven
4 rt UT t?btreti r
The Proposed Scope of Work
Month #1 - July
Monthly Project Management
Monthly project management will include managing all new sponsorship deliverables to all vendors and
sponsors- keeping tight notes on who, what, where and what they receive and manage all
communication. Act as a Liaison for the City and all Founder's Day activities. Create any new collateral
for sponsors or interested participants, on-site for bi-monthly for meetings when needed. Act as a
liaison to all new vendors on the project. Inclusive of 25 hours of work and to be distributed internally
to our team. $500.00
Social Media Development& Posting
Per month cost of development of social media calendar and weekly content. This includes anywhere
from 5 -7 posts per week and 2 hours of content curation, inclusive of up to 10 hours per month of
social media marketing, photo features, and social media engagement. Price includes posting on social
networks- Facebook, Twitter, & Instagram. Also includes up to 4 hours per month social network fan/
follower building. Includes monthly analytics and metrics report. $550.00
Website Updates
Graphic updates to website and updates to existing website that reflects 2016 content and artists,
administrative fees to make all changes and updates to the new website. Pricing also includes monthly
analytics reporting. Inclusive of 15 hours, any work that exceeds 15 hours will be billed at an additional
cost in the following month's invoice. $550.00
Poster Design
Design of poster for 2016 Ocoee Founders' Day. Includes 2 rounds of revisions, copy development and
file set-up for posters and other collateral needed. $250.00
Promotional Commercial
Design and production of video commercial for 2016 Ocoee Founders' Day. Includes 2 rounds of
revisions, copy development and file set-up. $475.00
Description Unit Months Price
Month #1 Total 1 $2,325.00
Total $2,325
Month #2 - August
Monthly Project Management
Monthly project management will include managing all new sponsorship deliverables to all vendors and
sponsors- keeping tight notes on who,what,where and what they receive and manage all
communication. Act as a Liaison for the City and all Founder's Day activities. Create any new collateral
for sponsors or interested participants, on-site for bi-monthly for meetings when needed.Act as a
liaison to all new vendors on the project. Inclusive of 25 hours of work and to be distributed internally
to our team. $500.00
Email Newsletter Development and Implementation
(2)Monthly email blasts with minor revisions per market segment. This email development will include 1
round of revisions, implementation to email marketing program, scheduled delivery to allocated lists, recap of
tracking data and metrics. An individual 30-minute phone conference and/or meeting for development of
content and creative direction. Also includes (2)mini blog post to coordinate with the content of the email
blast. $50.00 per eblast/ 2x per month / $100.00
Social Media Development& Posting
Per month cost of development of social media calendar and weekly content.This includes anywhere
from 6- 12 posts per week and 2 -3 hours of content curation, inclusive of up to 12 hours per month of
social media marketing, photo features, and social media engagement. Price includes posting on social
networks- Facebook Twitter, & Instagram.Also includes up to 4 hours per month social network fan/
follower building. Includes monthly analytics and metrics report. $550.00
Monthly Web Maintenance
Monthly maintenance cost for the new website, administrative fees to make all changes and updates to
the new website. Pricing also includes monthly analytics reporting. Inclusive of 8 hours per month,
$250.00
Description Unit Months Price
Month #2 Total 1 $1,400.00
Total $1,400
Month #3 - September
Monthly Project Management
Monthly project management will include managing all new sponsorship deliverables to all vendors and
sponsors- keeping tight notes on who, what, where and what they receive and manage all
communication. Act as a Liaison for the City and all Founder's Day activities. Create any new collateral
for sponsors or interested participants, on-site for bi-monthly for meetings when needed. Act as a
liaison to all new vendors on the project. Inclusive of 20 hours of work and to be distributed internally
to our team. $500.00
Social Media Development& Posting
Per month cost of development of social media calendar and weekly content. This includes anywhere
from 6 - 12 posts per week and 2 -3 hours of content curation, inclusive of up to 12 hours per month of
social media marketing, photo features, and social media engagement. Price includes posting on social
networks- Facebook Twitter, & Instagram. Also includes up to 4 hours per month social network fan/
follower building. Includes monthly analytics and metrics report. $550.00
Monthly Web Maintenance
Monthly maintenance cost for the new website, administrative fees to make all changes and updates to
the new website. Pricing also includes monthly analytics reporting which will be used for 2016 efforts
and sponsorship data. Inclusive of 8 hours per month. $250.00
Description Unit Months Price
Month #3 Total 1 $1,300.00
Total $1,300
4
Month #4 - October
Monthly Project Management
Monthly project management will include managing all new sponsorship deliverables to all vendors and
sponsors- keeping tight notes on who what,where and what they receive and manage all
communication. Act as a Liaison for the City and all Founder's Day activities. Create any new collateral
for sponsors or interested participants, on-site for bi-monthly for meetings when needed. Act as a
liaison to all new vendors on the project. Inclusive of 20 hours of work and to be distributed internally
to our team.
$500.00
Social Media Development& Posting
Per month cost of development of social media calendar and weekly content. This includes anywhere
from 6 - 12 posts per week and 2 -3 hours of content curation, inclusive of up to 12 hours per month of
social media marketing, photo features, and social media engagement. Price includes posting on social
networks- Facebook Twitter, &Instagram.Also includes up to 4 hours per month social network fan/
follower building. Includes monthly analytics and metrics report.
$550.00
Monthly Web Maintenance
Monthly maintenance cost for the new website, administrative fees to make all changes and updates to
the new website. Pricing also includes monthly analytics reporting which will be used for 2016 efforts
and sponsorship data Inclusive of 4 hours per month.
$125.00
(2) Monthly email blasts with minor revisions per market segment. This email development will include
1 round of revisions, implementation to email marketing program, scheduled delivery to allocated lists,
recap of tracking data and metrics. An individual 30-minute phone conference and/or meeting for
development of content and creative direction. Also includes (2) mini blog post to coordinate with the
content of the email blast.
$50.00 per eblast/ 2x per month / $100.00
Description Unit Months Price
Month #4 Total 1 $1,275.00
Total $1,275
Month #5 November
Monthly Project Management
Monthly project management will include managing all new sponsorship deliverables to all vendors and
sponsors- keeping tight notes on who, what, where and what they receive and manage all
communication. Act as a Liaison for the City and all Founder's Day activities. Create any new collateral
for sponsors or interested participants, on-site for bi-monthly for meetings when needed.Act as a
liaison to all new vendors on the project. Act as a liaison to all new vendors on the project. Inclusive of
30 hours of work and to be distributed internally to our team. Includes on-site event support as well.
$600.00
Email Newsletter Development and Implementation
Post event email(1)Monthly email blasts with minor revisions per market segment. This email development will
include 1 round of revisions,implementation to email marketing program, scheduled delivery to allocated lists,
recap of tracking data and metrics. An individual 30-minute phone conference and/or meeting for development of
content and creative direction.Also includes(2)mini blog post to coordinate with the content of the email blast.
$50.00
Social Media Development& Posting
Per month cost of development of social media calendar and weekly content. This includes anywhere
from 6- 12 posts per week and 2 -3 hours of content curation, inclusive of up to 12 hours per month of
social media marketing, photo features, and social media engagement. Price includes posting on social
networks- Facebook Twitter, & Instagram.Also includes up to 4 hours per month social network fan/
follower building. Includes monthly analytics and metrics report. $550.00
Monthly Web Maintenance
Monthly maintenance cost for the new website, administrative fees to make all changes and updates to
the new website. Pricing also includes monthly analytics reporting which will be used for 2016 efforts
and sponsorship data. Inclusive of 4 hours per month. $125.00,
Description Unit Months Price
Month#4 Total 1 $1,325.00
Total $1,325
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Wh y Us?
We're social people who love words, the art of the written word, and conveying clients' stories and
personalities through social media. Our approach is genuine, endearing, and unique. We start with the
plan, do our homework, activate, engage, and repeat. You're busy, we get it. You're so busy producing,
planning, and servicing events, you can't accomplish all the social media, award entries, event recaps;
all the things necessary to upping the ante to further market your event business. We all know your
customers want to see the latest trends, the exact event they saw on reality TV, or online via Pinterest.
It's all about NOW, not what you did 10 years ago. What you have done lately is going to make or break
the next gig you land. It counts to the corporate clients, brides, and socialites that want to hire you for
their next event. Here is where we come in. We get it; we speak 'event language.'
We are you're marketing team. We're here to help you, and we look forward to taking on your social
media and online marketing with the same passion as if you were managing it on your own.
Our Team
MICHELLE BERGSTEIN PATRICK COOPER
Marketing Specialist Content Specialist
As BeatCreative's leader,your company Patrick is our resident content specialist
now has an expert social media and and wordsmith. His versatile writing
marketing strategist by its side.With style is a huge asset to our team. His
over 15 years experience within the ability to produce stellar content is
marketing space,our team is here to unmatched,and he is highly adaptable
provide an all encompassing online to any challenge thrown at him. Patrick
marketing solution. also manages many client's social
media content development needs and
looks forward to his next client
assignment.
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STEPHANIE PRUNIER LEE HUNN
Administrative Manager Web Development
Organized,fastidious and detail Our resident expert in all things
orientated are just some of the many programming,analytics,online video
key qualities Stephanie Prunier brings and website compliant.Our
to the BeatCreative team.Stephanie exclusive online media and website
truly is BeatCreative's master of development partner.The Media
organization, project management, Monkie team brings years of
client reporting and coordination. expertise and all the latest trends in
website technology to BeatCreative
Statement of Work a Contract
The above pricing also includes:
*(1-2)in person meetings per month with Ocoee Founders'Day to review metrics,results and monthly recaps
*unless otherwise noted
*Unlimited email and phone communication.
*Anything out of the scope of work in the above proposal will be addressed by notifying Ocoee
Founders' Day immediately.After notification of additional work, a subsequent quote will be provided
to cover the additional tasks.
Client Responsibility:
*Client is responsible for adhering to timelines. If timelines are not adhered to and exceed 15 business days past the
current marketing months,on the last day,all work will end. A new month with new allocated costs will be
presented for future work to commence. No refunds and owed work will be due unless otherwise agreed upon.
An Invoice will be provided once signature approval of this project proposal. Payments will be made to
BEATCREATIVE MARKETING LLC.
Effective July 15, 2016 BEATCREATIVE MARKETING LLC("Consultant") and the City of Ocoee for Ocoee
Founders' Day("Company"), agree(this"Agreement") as follows:
TERMS:
IF YOU ARE IN AGREEMENT WITH THE ABOVE PROPOSAL,A DEPOSIT OF THE 1ST MONTH
IN THE AMOUNT OF $2,325.00 CHECK MADE TO BEATCREATIVE MARKETING LLC IS DUE ON
OR BEFORE JULY 15, 2016 TO COMMENCE WORK.
Monthly payments will be due in full between the 15th and 30th of each month. Pricing is subject to change
and valid until June 30, 2016. After this date,prices may increase.
REFUND POLICY:
The client may halt work and request for a refund within seven days of the date of signing their
marketing services agreement by mailing a signed letter to 9140 New Orleans Drive, Orlando, FL 32818.
If the client requests a refund within seven days of the date of signing their agreement, they shall be
held liable to pay for all work completed and will be refunded the remaining balance of the initial
payment if billable work has not exceeded a charge that would be greater than client's initial payment.
If the client requests a refund after the seven days from the date of the signing of the agreement, the
client is held liable to pay for all work completed plus an additional 25% of any remaining balance that
may still be due. Once line item projects are complete, no refunds will be issued.
CONFIDENTIALITY:
All information between Michelle Bergstein-Fontanez, Event Industry Marketing by BeatCreative
Marketing and Ocoee Founders' Day, inclusive of technical and business information relating to
proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and
services, research and development, production, costs, profit and margin information, finances and
financial projections, customers, clients, marketing, and current or future business plans and models,
regardless of whether such information is designated as "Confidential Information" at the time of its
disclosure and will be treated as such with absolute confidentiality and will not be shared or used,
which will be maintained at all times. The client is not allowed to disclose their price with any third
parties. Doing so will result in a breach of this agreement.All information development will be shared
and proprietary information and property of Michelle Bergstein-Fontanez of Event Industry Marketing
by BeatCreative Marketing and Ocoee Founders' Day. To accept these project costs, sign and date below
and return.
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NEXT STEPS
1. Please read the contract on the previous page to make sure you understand all the details
involved in working together. It's very important to us that everything is transparent and
understood from the beginning, so that we may lay a solid foundation for a great working
relationship.
2. If you have any questions at all, please let us know.We're happy to clarify any points, and there
may be some items that we can sort out together.We're committed to finding the best way to
work together.
3. Once you feel confident with everything and are ready to move forward, please click the 'sign
here' button below.
4. Sign in the box that pops up to make the acceptance official.
5. Once we receive notification of your acceptance,we will send you an invoice for payment so we
can get started.We will then contact you shortly to sort out the next steps and get the project
rolling.
6. We'll email you a separate copy of the signed contract for your records.
7. If you'd like to speak to us by phone, don't hesitate to call 407-341-1317.
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Michelle Bergstein-Fontanez
Owner/ BeatCreative Marketing LLC
Rusty Johnson, Mayor
Ocoee Founders' Day