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2005-054 Ambit Marketing - Annexation Consulting AgreementRESOLUTION 54-2005 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYORAND VILLAGE CLERKTO ENTER INTO A CONTRACT FOR MARKETING AND PUBLIC RELATIONS CONSULTING SERVICES WITH AMBIT MARKETING COMMUNICATIONS, ACORPORATION, ATTACHED AS EXHIBIT "A", WHICH CONTRACT PROVIDES TO THE VILLAGE PROFESSIONAL AND CONSULTATION SERVICES TO ACHIEVE VILLAGE ANNEXATION GOALS; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Contract for Marketing and Public Relations Consulting Services with Ambit Marketing Communications, acorporation, attached as Exhibit "A", which contract provides to the Village professional and consultation services to achieve Village annexation goals. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the Contract for Marketing and Public Relations Consulting Services with Ambit Marketing Communications set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 23rd DAY OF NNE, 2005. (Village Seal) ATTF ST: MAYOR VILLAGE CLERK CONTRACT FOR MARKETING AND PUBLIC RELATIONS CONSULTING SERVICES This Contract is made as of the o7SL day of ~ , 2005, by and between the Village of North Palm Beach, Florida, hereinafter referr d to as the VILLAGE, and Ambit, Inc. d/b/a Ambit Marketing Communications, acorporation authorized to do business in the State of Florida, hereinafter referred to as the CONSULTANT, whose Federal I.D. is 25- 1322839. In consideration of the mutual promises contained herein, the VILLAGE and the CONSULTANT agree as follows: ARTICLE 1 -SERVICES The CONSULTANT'S responsibility under this Contract is to: A. Provide professional/consultation services to achieve Village annexation goals as follows: 1) research legal, financial and administrative requirements, 2) provide analysis and planning to set strategy for public outreach program, and (3) facilitate the implementation of the public outreach plan. B. Print media kits and collateral pieces (such as posters, fact sheets, brochures, and flyers) and/or write articles for outside publications and various community newsletters; prepare and distribute news releases. C. Conduct meetings and project management to coordinate efforts of the annexation team. D. Provide such services as detailed in Exhibit "A". E. The VILLAGE's representative/liaison during the performance of this Contract shall be Mark Bates, Village Manager: (561) 841-3355 mbates@villa ec~-n_pb.orq. F. The CONSULTANT'S representative/liaison during the performance of this Contract shall be Stan Brown, Executive Vice President: (954) 568-2100, Ext. 102, stan @ ambitmarketing.com ARTICLE 2 -SCHEDULE The CONSULTANT shall commence services upon execution of this agreement, and complete Items 1 and 2 as identified in Exhibit A within 45 days, thereafter. Item 3 will commence upon approval of the budget to be developed and will be completed by Election Day, March 14, 2006. ARTICLE 3 -PAYMENTS TO CONSULTANT A. The total amount to be paid by the VILLAGE under this Contract for all services and materials including, if applicable, "out of pocket" expenses (specified in paragraph C below) shall not exceed a total contract amount identified in Exhibit "B". The CONSULTANT will invoice the VILLAGE on a monthly basis. All work shall be done in conformance with the task categories and pricing information detailed in Exhibits "A", "B"and "C". Changes in the allocation of dollars among the categories must be authorized by the VILLAGE's representative. See Article 23. B. Invoices received from the CONSULTANT pursuant to this Contract will be reviewed and approved by the VILLAGE's representative, indicating that services have been rendered in conformity with the Contract within 10 business days of satisfactory submittal. Invoices will normally be paid within ten (10) business days following the VILLAGE representative's approval. C. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the VILLAGE. This certifies that all services have been properly performed and all charges and costs have been invoiced to the VILLAGE. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, will be waived by the CONSULTANT. ARTICLE 4 -TERMINATION This Contract may be canceled by the CONSULTANT upon thirty (30) days prior written notice to the VILLAGE's representative in the event of substantial failure by the VILLAGE to perform in accordance with the terms of this Contract through no fault of the CONSULTANT. It may also be terminated, in whole or in part, by the VILLAGE, with or without cause, immediately upon written notice to the CONSULTANT. Unless the CONSULTANT is in breach of this Contract, the CONSULTANT shall be paid for services rendered to the VILLAGE's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the VILLAGE the CONSULTANT shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work, and other materials related to the terminated work to the VILLAGE. 2 D. Continue and complete all parts of the work that have not been terminated. ARTICLE 5 -PERSONNEL The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the VILLAGE. All of the services required herein shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services shall be fully qualified and, if required, authorized or permitted under state and local law to perform such services. Any changes or substitutions in the CONSULTANT'S key personnel must be made known to the VILLAGE's representative and written approval must be granted by the VILLAGE's representative before said change or substitution can become effective. The CONSULTANT warrants that all services shall be performed by skilled and competent personnel to the highest professional standards in the field. All of the CONSULTANT'S personnel (and all subcontractors) while on Village premises will comply with all VILLAGE requirements governing conduct, safety and security. ARTICLE 6 -FEDERAL AND STATE TAX The VILLAGE is exempt from payment of Florida State Sales and Use Taxes. The VILLAGE will sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall pass through this exemption from paying sales tax to its suppliers for materials used to fulfill contractual obligations with the VILLAGE. The CONSULTANT shall be responsible for payment of its own and its share of its employees' payroll, payroll taxes, and benefits with respect to this contract. ARTICLE 7 -INSURANCE A. CONSULTANT shall, at its sole expense, agree to maintain in full force and effect at all times during the life of this Contract, insurance coverages, limits, including endorsements, as described herein. The requirements contained herein, as well as VILLAGE's review or acceptance of insurance maintained by CONSULTANT are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by CONSULTANT under the contract. B. COMMERCIAL GENERAL LIABILITY CONSULTANT shall agree to maintain Commercial General Liability at a limit of liability not less than $1,000,000 each Occurrence. Coverage shall not contain any endorsement excluding Contractual Liability or Cross Liability unless granted by the VILLAGE. CONSULTANT shall agree this coverage shall be provided on a primary basis. 3 C. BUSINESS AUTOMOBILE LIABILITY CONSULTANT shall agree to maintain Business Automobile Liability at a limit of liability not less than $300,000 each Occurrence for all owned, non-owned and hired automobiles. In the event CONSULTANT does not own any automobiles, the Business Auto Liability requirement shall be amended allowing CONSULTANT to agree to maintain only Hired & Non-Owned Auto Liability. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. CONSULTANT shall agree this coverage shall be provided on a primary basis. D. WORKER'S COMPENSATION INSURANCE & EMPLOYERS LIABILITY CONSULTANT shall agree to maintain Worker's Compensation & Employers Liability in accordance with Florida Statute Chapter 440. CONSULTANT shall agree this coverage shall be provided on a primary basis. E. ADDITIONAL INSURED CONSULTANT shall agree to endorse the VILLAGE as an Additional Insured with a CG 2026 Additional Insured -Designated Person or Organization endorsement, or its equivalent, to the Commercial General Liability. The Additional Insured endorsement shall read "Village of North Palm Beach, a body politic of the State of Florida, its Officers, Employees and Agents." CONSULTANT shall agree the Additional Insured endorsements provide coverage on a primary basis. F. WAIVER OF SUBROGATION CONSULTANT shall agree by entering into this Contract to a Waiver of Subrogation for each required policy. When required by the insurer, or should a policy condition not permit an Insured to enter into apre-loss agreement to waive subrogation without an endorsement, the successful bidder shall agree to notify the insurer and request the policy be endorsed with a Waiver of Transfer of rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which a condition to the policy specifically prohibits such an endorsement, or voids coverage should CONSULTANT enter into such an agreement on a pre-loss basis. G. CERTIFICATE(S) OF INSURANCE Immediately following notification of the award of this Contract, CONSULTANT shall agree to deliver VILLAGE a Certificate(s) of Insurance evidencing that all types and amounts of insurance coverage required by this Contract have been obtained and are in full force and effect. Such Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage. H. UMBRELLA OR EXCESS LIABILITY If necessary, CONSULTANT may satisfy the minimum limits required above for either Commercial General Liability, Business Auto Liability, and Employer's Liability coverage under Umbrella or Excess Liability. The Umbrella or Excess Liability shall have an Aggregate limit not less than the 4 highest Each Occurrence limit for either Commercial General Liability, Business Auto Liability, or Employer's Liability. The VILLAGE shall be specifically endorsed as an Additional Insured on the Umbrella or Excess Liability, unless the Certificate of Insurance notes the Umbrella or Excess Liability provides coverage on a Follow- Form basis. RIGHT TO REVIEW VILLAGE, in cooperation with the contracting/monitoring department, reserves the right to review, modify, reject or accept any required policies of insurance, including limits, coverage, or endorsements, herein from time to time throughout the life of this Contract. VILLAGE reserves the right, but not the obligation, to review and reject any insurer providing coverage because of its poor financial condition or failure to operate legally. ARTICLE 8 -INDEMNIFICATION CONSULTANT shall protect, defend, reimburse, indemnify and hold VILLAGE, its agents, employees and elected officers harmless from and against claims, liability, expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees and costs, whether at trial or appellate levels or otherwise, arising as a result of negligence in its performance of the terms of this Contract. ARTICLE 9 -SUCCESSORS AND ASSIGNS The VILLAGE and the CONSULTANT each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Contract and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the VILLAGE nor the CONSULTANT shall assign, sublet, convey or transfer its interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the VILLAGE which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the VILLAGE and the CONSULTANT. ARTICLE 10 -REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 5 In any litigation between the parties in regards to this agreement, the prevailing party in such litigation shall be entitled to recover from the non-prevailing party a reasonable attorney's fee and all costs of litigation, both at the trial and appellate level. ARTICLE 11 -EXCUSABLE DELAYS The CONSULTANT shall not be considered in default by reason of any failure in performance if such failure arises out of causes reasonably beyond the control of the CONSULTANT or its subcontractors and without their fault or negligence. Such causes include, but are not limited to: acts of God; natural or public health emergencies; labor disputes; freight embargoes; and abnormally severe and unusual weather conditions. Upon the CONSULTANT'S request, the VILLAGE shall consider the facts and extent of any failure to perform the work and, if the CONSULTANT'S failure to perform was without it or its subcontractors fault or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be revised accordingly; subject to the VILLAGE's rights to change, terminate, or stop any or all of the work at any time. ARTICLE 12 -ARREARS The CONSULTANT shall not pledge the VILLAGE's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Contract. ARTICLE 13 -DISCLOSURE AND OWNERSHIP OF DOCUMENTS The CONSULTANT shall deliver to the VILLAGE's representative for approval and acceptance, and before being eligible for final payment of any amounts due, all documents and materials prepared by and for the VILLAGE under this Contract. All written and oral information not in the public domain or not previously known, and all information and data obtained, developed, or supplied by the VILLAGE or at its expense will be kept confidential by the CONSULTANT and will not be disclosed to any other party, directly or indirectly, without the VILLAGE's prior written consent unless required by a lawful order or the public records law. All drawings, maps, sketches, programs, databases, reports and other data developed, or purchased under this Contract for or at the VILLAGE's expense shall be and remain the VILLAGE's property and may be reproduced and reused at the discretion of the VILLAGE, including digital or electronic documents. All programs and files provided to the VILLAGE shall not have any embedded programs or procedures that will cause the files or programs to become corrupt or unusable. A copy of all materials, data, information, and maps generated, produced or displayed for this planning effort shall be provided to the VILLAGE in both hard copy form and on CD disk(s) prior to the final payment. 6 The VILLAGE and the CONSULTANT shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The CONSULTANT shall keep a record of all public records requests made pursuant to Chapter 119 F.S. and provide to the VILLAGE, at each time a records request is received, a copy of the request and a statement indicating how the request was responded to including any documentation provided to the requestor. All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to any representations made herein relating to disclosure or ownership of documents, shall survive the execution and delivery of this Contract and the consummation of the transactions contemplated hereby. ARTICLE 14 -INDEPENDENT CONTRACTOR RELATIONSHIP The CONSULTANT is, and shall be, in the performance of all work services and activities under this Contract, an Independent Contractor, and not an employee, agent, or servant of the VILLAGE. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT'S sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT'S relationship and the relationship of its employees to the VILLAGE shall be that of an Independent Contractor and not as employees or agents of the VILLAGE. The CONSULTANT does not have the power or authority to bind the VILLAGE in any promise, agreement or representation other than specifically provided for in this agreement. ARTICLE 15 -CONTINGENT FEES The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE 16 -ACCESS AND AUDITS The CONSULTANT shall maintain adequate records to justify all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The VILLAGE shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the CONSULTANT'S place of business. 7 ARTICLE 17 -NONDISCRIMINATION The CONSULTANT warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. ARTICLE 18 -AUTHORITY TO PRACTICE The CONSULTANT hereby represents and warrants that it has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the VILLAGE's representative upon request. ARTICLE 19 - SEVERABILITY If any term or provision of this Contract, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 20- PUBLIC ENTITY CRIMES As provided in F.S. 287.132-133, by entering into this contract or performing any work in furtherance hereof, the contractor certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by F.S. 287.133(3)(a). ARTICLE 21 -MODIFICATIONS OF WORK The VILLAGE reserves the right to make changes in Scope of Work, including additions, alterations, reallocations and reductions thereto. Upon receipt by the CONSULTANT of the VILLAGE's notification of a contemplated change, the CONSULTANT shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the VILLAGE of any estimated change in the completion date, and (3) advise the VILLAGE if the contemplated change shall effect the CONSULTANT'S ability to meet the completion dates or schedules of this Contract. If the VILLAGE so instructs in writing, the CONSULTANT shall suspend work on thai portion of the Scope of Work affected by a contemplated change, pending the VILLAGE's decision to proceed with the change. 8 If the VILLAGE elects to make the change, the VILLAGE shall initiate a Contract Amendment and the CONSULTANT shall not commence work on any such change until such written amendment is signed by the CONSULTANT and approved and executed on behalf of the VILLAGE. ARTICLE 22 -EXTENSION Upon mutual agreement of the VILLAGE and CONSULTANT, this contract may be extended. ARTICLE 23 -NOTICE All notices required in this Contract shall be sent by certified mail, return receipt requested, hand delivery or other delivery service requiring signed acceptance. If sent to the VILLAGE, notices shall be addressed to: Mark Bates Village Manager Village of North Palm Beach 501 U.S. Hwy #1 North Palm Beach, FL 33408 If sent to the CONSULTANT, notices shall be addressed to: Stan Brown Executive Vice President Ambit Marketing Communications 2455 E. Sunrise Boulevard, Ste.711 Fort Lauderdale, FL 33304 ARTICLE 24 -ENTIRETY OF CONTRACTUAL AGREEMENT The VILLAGE and the CONSULTANT agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 25- Modifications of Work. 9 IN W ITNESS W HEREOF, the parties have heretofore set their hands and seals on the day and year first above written. Village o North Palm Beac Florida By: Prin ed Name: ~G~LI/-c~CC~ -.~~SS~-7~ Titlel: >~~~d2- S-I A T E OF FLORIDA COUNTY OF BROWARD Ambit, Inc. ~ ~) Printed Name:, '~ -~ ~~,~~ G ~~,: ,~, Title L ~ ~ c.-C ~i~-~-5 ~ fzr u~ `~` ~`~~~~~ ~/~~G~L The ~f4regoing instrument was ckno d before me this 0 day of ~1 t< i-"l , 2005, by ~ w~'e- ~ ~~ and who executed the foregoing in his duly authorized pacity on behalf of the corporation. r (NAME) ._.. ~ ' ~ L~~- ~: ~ ra o :,.~-- _ is personally k wn to me, OR has produced ~` ~_ D L as iden ' ca I~Zdil-G~ (~ ~, ~. Public w com~~Non oweorra ~ „~ ~,.oaaar~~,a~ Notary Name Serial (Commission) Number ..-The foregoing instrument was acknowled ed before me this ~~day of 2005, by .EGA LC- SSA and who execut d the foregoing in his duly authorized capacity on behalf of the corporation. (NAME) ,~G~/~/~~'~~~~• ,~/.SS~~ is personally known to me, OR _ has rroduced as identificati~Gy, ,~!~~2~i/G~ l~C Nota y, Public -~ ~'''"~~~~, MEUSSAa.~,~~ Notary Name :,~ MYCOMMISSION# DD031444 Serial (Commission) Number 4F~~P EXPIRES: July 13, 2005 ~' -3tJpTAf3Y FL Notary Service & _. 6ondirg, Inc. 10 EXHIBIT A Village of North Palm Beach Annexation Campaign Scope of Services and Deliverables The following work plan outlines the scope of Consultants activities and anticipated work product outcomes. The work plan is designed to let early research and investigations dictate the direction of later research. The objective is to build layers of information that will provide the Village with the necessary documentation and recommendations required to make appropriate policy decisions. Information as it is developed will be reviewed with the Village Manager and in collaboration with him, decisions may be made to expand or delete various inquiries. Item 1. Legal/financial/operational/administrative requirements to achieve Village annexation goals. Scope of services: • Research various legal, regulatory, statutory and administrative issues to develop options for getting the annexations on the ballot. These services shall include a review of statutes, review of the base mapping, any available GIS mapping and overlaying registered voters in order to develop multiple concepts and strategies. As part of this exercise, we will review legality of the annexation of the condominium eastern entrance to the Hidden Key area. This stage will use as resources the City Planner James Fleischman. Review the past two annexation studies and determine when the information in the current Fleischman study should be refreshed. We will also review County Ordinance 2005-006 to determine its impact on the Village annexation strategy. We will perform a complete a review of Chapter 171, addressing specifically 171.0413(5) the 30 percent rule as well as investigate use of a local bill as it relates to 171.0413(5). • Identify and document all material operational impacts, restrictions and benefits for areas being considered for incorporation (land use, public safety, lagoon regulation, waste hauling, etc.) • Document financial cost /benefits of Village vs. Unincorporated in areas to be annexed including but not limited to revenues by area, projected costs by area, project cost of total annexation. • Assist the Village Attorney in development of necessary Annexation Ordinances. • Assist the Village Administration in identifying, planning and meeting all logistical, legal and timing aspects of each Annexation area effort. 11 Deliverables: • A menu of alternatives including pros and cons together with consultant's guidance to make an appropriate policy decision on how to proceed to get on the ballot for each of the three areas (or combination thereof). • Develop and present an initial draft and a final spreadsheet of operational impacts, restrictions and benefits for annexed areas. • Develop and present an initial draft and a final spreadsheet of cost benefits including real estate taxes and fee comparisons between the Village and each of the areas (individually and separately), benefits to annexed areas (service levels), net revenue under three milage rate scenarios. • Implementation services to execute the policy decision for each of the three areas. Item 2. Analysis and planning to develop strategy for public outreach program: Scope of services: • Establish a thorough understanding of prior annexation discussions with priority focused on the Lost Tree /Hidden Key area. Conduct one-on-one interviews with Village Commissioners and former Village Managers to develop an appreciation for relationships and other information to sensitize further outreach. • Engage with, either by interview or through others, key Village stakeholders who may have relationships of value with residents in any of the three areas. Determine the type and level of assistance that they can provide to the Village. • Catalog information about the associations in each of the areas and any other relationships that may exist (sports, schools, and service clubs.) Determine the relative value and how the relationships may be utilized to benefit the Village. • Identify resident opposition strength and sources and any potential unmet needs the Village can satisfy upon annexation. • Catalog information from discussions with Fire/EMS related to life safety and the value of the new station (particularly to Lost Tree.) Document current and future estimates of response times. • Develop an understanding of the mooring issues in the lagoon. • Research resident address mailing lists and information for each area. • Research resident demographics of each area. • Research voter information, including registered voter lists and voting patterns on various past issues. Determine how politicians have managed their elections to gain the support of the Lost Tree area. • Catalog match ups between supporters and key influencers in each of the three areas including an indication of the level of support the campaign can expect. • Define the relationship between the Benjamin School and families in Lost Tree. • Gauge the current appetite for annexation of each of the areas. • Develop messages to be used in communications to highlight the strengths of the Village relative to the targeted areas. • Understand the potential for adjacent communities to compete for an area or act as a spoiler. 12 Deliverables: • Develop an initial draft and a final report of a public outreach plan for each area. The plans will be provided in industry standard electronic format (Word or Adobe '~ PDF) and recommend types of printed brochures, patterns of mailing, and other outreach strategies combined into a communications plan with an independent budget and time line for each target area. Item 3. Implement the public outreach plans: Scope of services: Once the public outreach campaign is approved, the plan of action will be organized into weekly assigned task responsibilities. The campaign will most likely proceed in the following phases: • Design and printing of collateral • Provide information to each area through town meetings and other personal outreach • Provide "get out the vote" and informational motivational mailings • Provide focused "get out the vote" activities for the last week prior to the election While actual tasks cannot be determined until formalization of each of the outreach plans, the following are items that may be included: • Question & Answer informational brochure • Postcards and flyer announcements • Commissioner letters • Yard and corner signs • Advertising: print and broadcast • Town meetings, neighborhood meetings, association meetings and presentations • Media relations: print and electronic • Coordination and management of the outreach program The goal of these tasks will be to build a relationship between the Village and each of the areas. Meetings, presentations and other public outreach will feature Village Commissioners and the Village Manager with the consultants playing a planning, development and presentation assistance role. Deliverables: • Planning, development, coaching, attendance and presentation assistance at scheduled public outreach meetings relating to the Village's annexation efforts. • "Yes" votes for annexation of each of the three areas. 13 EXHIBIT B Village of North Palm Beach Annexation Campaign Budget Estimate and Invoicing Budget Estimate The estimated cost to complete work anticipated in Exhibit A is as follows: Item 1 ..................................................... $3,500. Item 2 ................................................... $10,000. Item 3 .................................... To be determined. CONSULTANT will invoice VILLAGE at hourly rates for the work in an amount not to exceed the budget estimate. Out-of-pocket expenses incurred such as for copying, printing and other expenses, as pre-approved by VILLAGE, will be invoiced separately. Services to the VILLAGE will be provided through CONSULTANT by Pete Witschen (Blosser & Sayfie), Stan Brown (Ambit Marketing Communications) and additional support staff as required. Hourly rates: Pete Witschen ($200. less courtesy discount) ...............................................$150. Stan Brown ($200. less courtesy discount) ..................................................... $150. Additional support staff ......................................................................... $80. - $100. 14 EXHIBIT C Village of North Palm Beach Annexation Campaign Timeline The CONSULTANT shall commence services upon execution of this agreement, and complete Items 1 and 2 as identified in Exhibit "A" within 45 days, thereafter. Item 3 will commence upon approval of the budget and time line to be developed in Item 2 and wilt be completed by Election Day, March 14, 2006. 15