,,

THE STONE GROUp, INC.
CONSULTANTS IN MULTI-MEDIA DIRECT RESPONSE MARKETING, ADVERTISING & PUBLIC RELATIONS

THIS AGREEMENT made and entered into as of this 2-~ty of ~~2007, by and between THE STONE GROUP, INC., and National Women's History Museum, is for direct response consultation, market research and the creation and production of housefiles and prospect mail packages, space ads, marketing consultation and public relations support as requested. THE STONE GROUP, INC., (hereinafter TSG) and National Women's History Museum . (hereinafter NWHM) agree to the following terms: I. CONSULTATION SERVICES A. Consultation services provided by TSG will include aid in the selection of lists, copy strategy and concept brainstorming, creation and management of house and prospect mail plans, multi-media support, list analysis, and cost analysis. TSG is a fundraising consultant and at no time shall TSG have control or custody of any contributions. NWHM will be responsible for doing its own state registration, postal non-profit registration work and making sure NWHM adheres to all requirements.

B. TSG will also be available to provide third party counsel on management of a "multi-agency" marketing arrangement which would include, if requested, review of contracts, review of copy and strategy proposals, as well as the development of uniform check points and reports to keep an overview of the total program as well as its parts. C. To perform the tasks in Section I-A above, TSG will meet with NWHM up to once per month and will be available for telephone and mail contact. D. It is up to NWHM to set up any meetings, giving TSG at least seventy-two (72) hours notice whenever possible.

n,

MARKET RESEARCH TSG shall advise, as requested, on the creation of focus group research and/or survey research as needed. TSG compensation of this service shall be negotiated separately on a case by case basis.

205 SOUTH WHITING ST. PHONE: (703) 370-8282

SUITE 250

ALEXANDRIA, VA 22304 E-MAIL: TSGRP@AOL.COM

FAX: (703) 370-8287

,

'

III.

COpy CREATION
A. Direct Mail Copy. 1. TSG will receive a fee of $.05 per letter mailed for the creation of copy for each prospect mail package or $3,000, whichever is greater. The fee per piece will be reduced by $.01 per piece for any prospect package mailed of which 500,000 or more are mailed at one time. 2. TSG will receive a fee of $.05 per letter mailed for the creation of copy for each housefilemail package or $2,000, whichever is greater. 3. TSG will receive a fee of $.02 per letter mailed for the creation of copy and production for each "Thank You" acknowledgement letter or $150, whichever is greater. TSG will receive a flat fee of $50 for each "Thank You" acknowledgement letter created for which is used which TSG does not do the production. 4. If TSG creates a package for the NWHM at their request and the package is approved but not used or is mailed by another agency, the creation fee is still applicable. B. Script!Ad Creation. TSG will receive the industry standard fee of 17.65 % of the cost of placement for each media placement for the creation of space ads, television scripts, and radio scripts, if requested/or approved in writing. If an ad is created and approved by NWHM, in writing, and then not used, an ad creation fee of $500 will still be considered approved for billing purposes. Fees will be negotiated separately on any other special projects requested. C. Copy Approval. NWHM will advise TSG in writing within ten (10) working days after receipt of any copy, as to whether copy is approved. Copy still pending after that date will be considered approved for billing purposes.

IV. DIRECT MAIL 'PRODUCTION ONLY' SERVICES
A. TSG production services will include rough art conceptualization, bidding and tracking of printing, arranging for computer work and coordination with the mail house. B. TSG will receive a fee of $0.03 per letter mailed, or a minimum of $1,000 if only TSG production services are provided for the mailing.

C. Any editing by TSG personnel of a package written by NWHM or another agency will be charged at a rate of $50 per hour with a minimum of $350.

V.

PUBLIC RELATIONS SUPPORT
When requested, in writing, TSG public relations personnel will be available for Public Relations support to be billed at the rate of $150 per hour. TSG will have the NWHM sign-off in writing on each project based on estimated time/cost schedules.

VI.

WEBSITE DESIGN/SUPPORT
When requested, TSG will do website changes and/or design and/or support to be billed at the rate of $50 per hour with a minimum per change charge of $25. The first year of services will be provided free of charge. TSG will keep a timeline and description of changes and submit it quarterly to NWHM for payment.

VII. NWHM APPROVALIRESPONSIBILITIES
A. NWHM will approve or modify all copy, telephone scripts, list broker order sheets, insertion order sheets and cost estimates in writing in advance of any mailing and/or project.

B. NWHM authorizes TSG to issue purchase orders in the name of and on behalf of
NWHM to purchase work/items for which NWHM has given written permission in Sections ill-A, Ill-B, and Section N above. C. Work/items purchased by TSG on behalf ofNWHM will be invoiced directly to NWHM by the supplier of work/item. In all cases, NWHM agrees to be solely responsible for the payment of said invoices. D. NWHM will own all copy, artwork, bluelines, and other materials used in mailings except as outlined in Section XI. But should NWHM themselves mail a package developed by TSG through another agency, TSG will be due fees outlined in Section III (even ifNWHM is no longer using TSG's services). E. NWHM will reimburse TSG for any costs incurred during necessary travel on its behalf when required in writing to do so by NWHM. F. NWHM will reimburse TSG for the costs of packaging, long distance faxing, shipping, courier, postage, taxes, duties, telephone calls, fares and telegrams incurred in connection with the performance of this agreement. If said costs are not included in the Mail Control Plan estimates for sign off in advance by NWHM then TSG will call

·.

and get approval before incurring them. G. NWHM shall be responsible for advancing money to cover the cost of postage any list prepayments necessary. H. NWHM will provide TSG, on a monthly basis on any TSG-related work: a) copies of any vendor bills generated by TSG mailings on which there was a problem for TSG to help resolve on the Museum's behalf; b) aging reports including any bills from TSG mailings over sixty (60) days old, and c) "back end" cost data (i.e. premium costs, etc.). I. And, on at least a weekly basis (preferably daily for the first 20 days to check the flow of mail) NWHM will provide to TSG, or have their designate provide, tallies of daily mail returns in the format TSG requires.

J. Any time spent by TSG personnel on vendor calls due to late payments by NWHM
because ofNWHM's failure to pay vendor bills shall be billed to NWHM at the hourly rate of $1 00 per hour. TSG will provide NWHM with notice of the claim and an opportunity to cure before engaging in protracted discussions with vendors on NWHM's behalf. TSG will provide NWHM with a written log of these calls at the time this invoice is submitted. K. NWHM is responsible for mailing in, meeting state requirements, staying current and renewing their own state registrations.

vrn.

LIST BROKERAGE SERVICE
Capstone Lists, Inc., through TSG, will be the list broker for packages TSG creates for NWHM and/or any other work NWHM requests of Capstone Lists, Incorporated.

IX. PAYMENT OF FEES
<>

A. Payment of any and all copy fees is due thirty (30) days from the date copy is approved by NWHM. B. Payments of production fees are due thirty (30) days from the date the package is mailed. C. Payment of costs incurred in Sections VII-E, Vll-F and Vll-J are due thirty (30) days from receipt of invoice. D. Amounts overdue to TSG from NWHM will be subject to a 1-3/4 percent interest charge per month starting when they go over thirty (30) days.

..
E. In the event of default in the payment of fees and!or interest charges, NWHM agrees to pay all expenses, including reasonable attorney fees and court costs, incurred in the collection of said fees and charges, should judgement be found in favor of the agency. The fees will be due within 30 days of the court's decision.

x.

CONFIDENTIALITY
A. The terms of this contract are to be held in strict confidence by TSG and NWHM. Except as required by law, neither party shall discuss or provide copies of this contract to any party outside their respective entities except for legal counsel.

B. The TSG management systems and forms used in the execution of this agreement
have all been copyrighted by TSG and are so marked. Use by the NWHM, except as expressly necessary for the execution of this agreement, is strictly prohibited.

XI. DISPOSITION OF PROPERTY AND MATERIALS
Upon termination of this agreement, all property and material produced and used under the agreement shall not be considered the property of the NWHM until fmal payment of all invoices has been made by the NWHM.

XII. CANCELLATION OF SERVICES
A. This Contract shall expire two (2) years from the effective date unless renewed, in writing, by both parties.

B. Cancellation may be made by either party with thirty (30) calendar days written
notice. Agency shall have the right to collect all fees and expenses incurred for work initiated with written NWHM approval up to the point of cancellation. All bills are due and payable at the point of cancellation. C. It is understood by both parties that the charitable organization has the right under New York State law to cancel this contract and that the charitable organization does not have to give any reason for the cancellation. By law, the parties to this contract cannot waive or modify this right by any pre-existing agreement or by any subsequent agreement between the parties. Therefore, the charitable organization may cancel this contract without cost, penalty or liability if the charitable organization notifies the Professional Fundraising Consultant, in writing, as provided below. If the Professional Fundraising Consultant is registered with the New York State Charities Bureau, the charitable organization may cancel this contract at any time up to and including the fifteenth day after this contract was filed by the Professional Fundraising Consultant with the New York State Charities Bureau. The charitable
organization may cancel this contract by giving the Professional Fundraising Consultant written notice of cancellation. This notice can be in the form of a letter indicating that the charitable organization does not intend to be bound by the contract. The notice of cancellation may be hand-delivered or mailed to the Professional Fundraising Consultant. If mailed, it

..

".

'

must be sent to: Professional Fundraising Consultant, The Stone Group, Inc., 205 South Whiting St. , Suite 250, Alexandria, VA 22304. The charitable organization must also mail a duplicate copy of the notice of cancellation to the State ofN ew York, Office of the Attorney General, Charities Bureau, The Capitol, Albany, NY 12224.

~~---Ann E. W. Stone, President on behalf of The Stone Group, Inc. 205 South Whiting St. Suite 250 Alexandria, VA 22304

Signed and Agreed to by the following authorized representatives:

Susan Jollie, Presidi on behalf of National Women's History Museum P.O. Box 96478 Washington, D.C. "20090-6478.

Date:

y/-uj_ en

.i'\\

Date:

.f:JI/:30 10]
I

Sign up to vote on this title
UsefulNot useful