R11-120T RESOLUTION NO. RII -120
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, APPROVING A
CONSULTANT AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND DALE CARLSON MARKETING &
COMMUNICATION SERVICES IN THE AMOUNT OF $9,750.00
TO FACILITATE THE DEVELOPMENT OF A BRAND
PROMISE FOR THE CITY; AUTHORIZING THE INTERIM
1 CITY MANAGER TO EXECUTE THE AGREEMENT AND
1 t; PROVIDING AN EFFECTIVE DATE.
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1 #� WHEREAS, at the October 18, 2011 City Commission meeting, the City
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1 �1 Commission authorized utilizing funds for professional marketing services to facilitate the
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10 completion of the brand development process; and
17 WHEREAS, upon recommendation of staff, the City Commission has determined
18+ that it is in the best interests of the residents of the City to enter into a Consultant Agreement
19 � between the City of Boynton Beach and Dale Carlson Marketing & Communications
20 Services in the amount of $9,750.00 to facilitate the development of a Brand Promise for the
21 City of Boynton Beach.
24 ! NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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a Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
2d being true and correct and are hereby made a specific part of this Resolution upon adoption
26 hereof.
27� Section 2. The City Commission hereby approves a Consultant Agreement
21 between the City of Boynton Beach and Dale Carlson Marketing & Communications
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1 Services in the amount of $9,750.00 to facilitate the development of a Brand Promise for the
City of Boynton Beach.
Section 3. Authorizing the Interim City Manager to execute the Consultant
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Agreement, a copy of the Agreement is attached hereto as "Exhibit A."
Section 4. This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 1' day of November, 2011.
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2 ( 7Jaet M. Prainito, MMC
291 Clerk
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= William Orlove
COMA = W Brow - Hay
Commissioner — Steven Ablzma - -;
6ommissioner — Marlene Ross
CITY OF BOYNTON BEACH, FLORIDA
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WH I I .M . 101 I1 l R I 1 i a I
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City ", and Dale Carlson Marketine & Communication Services.. hereinafter referred to as "the
Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT
services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor, materials,
equipment and supplies. No modifications will be made to the original scope of work without the
written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all ser ices and
provide all work product required pursuant to this agreement 120 days from the date written notice is
given to proceed, unless an extension of such time is granted in writing by the City.
4. TERM: This Agreement shall be for a term of 120 days.
5. PAYMENT. The Consultant shall be paid in accordance with the following:
a. The total contract price is $9,750.00, as referred to herein, shall be the total amount of payment to
consultant for services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to
the Cite properly, provided that the total amount of payment to Consultant shall not exceed the total
contract price without express written modification of the Agreement signed by the City Manager or
his designee.
c. The Consultant may submit invoices to the City twice per month during the progress of the work
for partial payment for project completed to date. Such invoices will be reviewed by the City, and
upon approval thereof, payment will be made to the Consultant in the amount approved.
d. Final payment of any balance due the Consultant of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work under
this Agreement and its acceptance by the City.
6. ADDITIONAL ITEMS. This agreement includes:
a. The Agreement makes allowances for Dale Carlson to travel to Boynton Beach no more than four
times /month. For any additional trips, mileage will be reimbursed at the rate established by the IRS of
.51 (51 cents) per mile for the 84 miles each way (164 miles total) for the trip to and from Dale
Carlson's Okeechobee home to the Boynton Beach City Hall and must be approved in writing by the
City prior to Consultant making additional trips.
b. Activities outside the Scope of Work as identified in this Scope of Work and timeline, for which
an hourly fee per project is $125.00, would require prior approval and authorization in writing by the
City Manager or designee.
c. The Consultant's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the termination
of the Agreement. Copies shall be made available upon request.
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6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this Agreement
shall be the property of the City whether the project for which they are made is executed or not. The
Consultant shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with Consultant's endeavors.
7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and
regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICATION. Consultant shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Consultant's own employees, or damage to property occasioned by a negligent act,
omission or failure of the Consultant.
9. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement. Nothing in
this agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to Consultant, or any employee of Consultant.
10. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the Consultant,
to solicit or secure this contract, and that he has not paid or agreed to pay any company or person,
other than a bonafide employee working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making
of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
11. DISCRIMINATION PROHIBITED. The Consultant, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
12. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
13. NON - WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
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14. TERMINATION.
a. This Agreement may be canceled by either party upon giving 30 days notice of their intent to
cancel.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the City.
This section shall not be a bar to renegotiations of this Agreement between surviving members of
the Consultant and the City, if the City so chooses.
15. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law.
16. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Carisse LeJ'eune, Interim Assistant City Manager
100 E. Boynton Beach Blvd.
P.O. Box 310 Boynton Beach, FL 33425 -0310
Notices to Consultant shall be sent to the following address:
Dale Carlson Marketing & Communication Services
2808 SE 27 Ave.,
Okeechobee, FL 34974
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EXHIBIT "A"
Dale Carlson Marketing & Communication Services
2808 SE 27 Ave., Okeechobee, FL 34974
Mobile: 561 -762 -8857, Fax .- 863- 763 -8458, Email. carlsoncommOgmaiLcom
Scope of Work
BrandPromise® Development Facilitator
For
The City of Boynton Beach
BrandPromise® Definition
The essence (heart, soul and spirit) of the functional and emotional benefits that customers and
influencers receive when experiencing a brand's products and services.
The BrandPromise®, Duane E Knapp
Process Review
With the October 18, 2011 approval of the City of Boynton Beach Commissioners, the BrandPromise
process has begun for this historic town. As directed by the city's Commission, a deliverable — in terms
of a working draft of a Promise with recommended Action Steps to be presented to the City Commission
early 2012.
This leaves the Brand Team with the responsibility of establishing and fulfilling an aggressive schedule,
which emphasizes the project's importance to all involved with the Process.
For Boynton Beach, the BrandPromise Process is comprised of three steps:
• Establishment of the BrandPromise Committee which then
• Conducts the Brand Assessment, and finally
• Develops and approves the BrandPromise
Comprised of no more than 15 people, the BrandPromise Committee (BPC) members must be committed
to the program's success, dedicated to working together and focusing as a unit on Boynton Beach's bright
future. Each member assumes the responsibility and importance of being part of group. All must agree to
attend each pre - established meeting and the final presentation to the Boynton Beach City Commissioners.
The Committee Chair will be responsible for maintaining the group's cohesive, optimistic and focused
dedication, in addition to representing the BPC at meetings and respective presentations related to the
proj ect.
The BPC will immediately conduct a Brand Assessment to determine perceptions and observable
conclusions eliminating any subjective influence. The Committee will be presented with results of
current research and surveys which identify potential markets, opinions and competitors. Depending on
the profile of a recently conducted survey, the BPC may decide to re- distribute it to more representative
targets. If the re- distribution of this survey is deemed necessary, this too, must be built into the schedule.
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Once the results of the Assessment have been objectively reviewed and approved by the BPC, the
development and approval of the Brand Promise follows by answering these answering three questions:
• What is the Bo)mton Beach experience all about
• What distinguishes Boynton Beach's products and services from the competitors
• What is superior about the value we offer our customers
The Committee members present individual answers from which the BPC will jointly develop the
Promise and recommended Action Steps. A working or final draft of the Promise will be presented to the
Boynton Beach City Commissioners for their review /comments /approval. All BPC members are required
to attend this meeting in support of their jointly created and community oriented Promise.
Scope of Work
As the BrandPromise (Development) Facilitator, I will be working with the to- be- identified Brand Team,
direct the Brand Promise development process, establish the timeline, provide counsel as the process
evolves, coordinate media relations activities with pre - determined City Staff representatives, assist with
the preparation for each BPC meeting, facilitate each Brand Promise Committee meeting, and ensure the
program's success.
Date Action Steps
Oct. Boynton Beach City Commission meeting.
18 Received approval to move ahead with BrandPromise Development, with goal to deliver results to
City Commissioners in January 2012.
Establish Brand Team. In addition to Interim Assistant City Manager Carisse Lejeune and
Facilitator Dale Carlson, members of the Brand Team will provide administrative and
organizational assistance for the Process. Includes assistance with meetings set -up (AN, flip
charts, coordinating RSVPs of BPC, distribution of reports, database collection and possible
surrey redistribution, etc.
Establish Brand Promise Committee (BPC). Asked to participate as representative of their
respective communities/constituencies. These Stakeholders will work together as a unit
representing the Community of the City of Boynton Beach.
Finalize Brand Promise Committee
Draft/receive approval of outline of Committee role, goal, responsibility and commitments
Begin distribution of invitations to potential BPC members with approved outline of goal and
responsibilities
Begin collection of confirmations of BPC participation
Begin compilation of BPC meeting packets — to be distributed electronically
First meeting of Brand Promise Committee.
Location: TBD
Time: TBD
Objective: Introduce membership, review BrandPromise Process including timing of Assessment
and Promise Development. Reinforce understanding and commitment to Committee, the Process
and their cumulative result.
Elect Committee Chair.
Assessment Begins — review Executive Summaries of previous research
Review results of previous Boynton Beach brand survey
Determine if information is enough for thorough Assessment.
If not, should survey be redistributed to stakeholders and their respective memberships/
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constituencies
Note limited time frame for survey turnaround — need immediate access to data
Earliest date survey could be distributed — data base(s) collected by Nov. 7; Survey distribution,
Nov. 8; Begin compilation of results Nov. 10; Finalize results Nov. 14.
Survey results reviewed BPC meeting
Distribution of minutes /notes of first BPC meeting to membership
If necessary collection of data base(s) for survey distribution
If necessary, distribution of survey to data bases
Begin compilation of survey results
Final compilation of survey results
Distribution of meeting packets to BPC
BPC meeting
Review survey results
Begin discussion of implications
Distribution of meeting packets to BPC
BPC meeting
Finalize Brand Assessment — agree on research and survey results
Identify top indicators - results
Distribution of meeting packets to BPC
BPC meeting
Begin Promise development
Discuss Assessment results, indicators for Boynton Beach
Assignment: Answers for three questions answers due
BPC reminder of 3 answers due
Deadline: 3 answers due
Distribution of meeting packets to BPC
BPC meeting
Review answers displayed anonymously
Begin finalization of Promise and Action Steps
If necessary, distribution of meeting packets to BPC
Final BPC meeting — finalization of Promise and Action Steps
Finalize presentation to Boynton Beach City Commission
Promise presentation to Boynton Beach City Commission
Proudly Prepared by Dale Carlson Marketing & Communication Services
561- 762 -8857 • carlsoncomm@gmail com
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17. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents
the entire and integrated agreement between the City and the Consultant and supersedes all prior
negotiations, representations, or agreements written or oral. This agreement may be amended only by
written instrument signed by both City and Consultant.
DATED this day of
CITY OF BOYNTON BEACH
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Attest/Authenticated:
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Title
(Corporate Seal)
Attest/Authenticated:
secretary
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