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HomeMy WebLinkAboutPrismatic Foresight Branding Initiative PRISMATIC PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this j ( day of ; l, �,, 2014 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corpora ion, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and FORESIGHT DESIGN GROUP, INC., D/B/A PRISMATIC, a Florida corporation, whose principal address is 745 N. Magnolia Avenue, #301, Orlando, Florida, 32803 ("Contractor"). WITNESSETH: WHEREAS, the City recently sought proposals for its "CITY OF CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY BRANDING INITIATIVE"contract; and WHEREAS, Contractor submitted the most highly rated proposal in response to the City's invitation to bid to the satisfaction of the City; and WHEREAS, the City and Contractor desire to memorialize their understanding regarding the scope of services to be performed by the Contractor as set forth in this Agreement; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1—RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2—ENGAGEMENT The City hereby engages Contractor and Contractor hereby agrees to perform the services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any party hereto unless incorporated in this Agreement. ARTICLE 3 - TERM This term of this Agreement shall be for SIX (6)months, commencing on September 1, 2014 and terminating at midnight on March 1, 2015, unless either party chooses to exercise its rights under Article 28, Termination. The parties shall have the option to extend the term of this Agreement for an additional six (6) month period. Any such extension shall be by mutual written agreement Professional Services Agreement City of Cape Canaveral/Prismatic Page 1 of 14 of all parties and shall be executed no less than thirty (30) days prior to the expiration of this Agreement's current term. ARTICLE 4—AGREEMENT ADMINISTRATION Contractor shall provide the City with the name, position, and contact information for the individual(s) that will provide general direction of the administration of the Agreement for Contractor, and who shall act as the Contractor's representative during the performance of this Agreement. The City's representative during the performance of this Agreement is Todd Morley, the City's Community and Economic Development Director. Each party to this Agreement agrees to provide written notification within fifteen(15) days, should the representative of either party change during the term of the Agreement. ARTICLE 5—SCOPE OF SERVICES Contractor shall do,perform, deliver and carry out, in a professional manner, the type of services as set forth in Exhibit "A," Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 6—PAYMENT OF CONTRACTOR The City shall pay to Contractor Thirty-Thousand Dollars and 00/100 ($30,000) for branding services as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Financial Services Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 7—TRUTH-IN-NEGOTIATION CERTIFICATE Signature of this Agreement by the Contractor shall act as the execution of a truth-in-negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. ARTICLE 8—INSURANCE In the performance of work and services under this Agreement, Contractor agrees to comply with all federal, state and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain in full force and effect during the life of the Agreement, Workers' Compensation insurance covering all employees in performance of work under the Agreement. Professional Services Agreement City of Cape Canaveral/Prismatic Page 2 of 14 Contractor shall make this same requirement of any of its subcontractors. Contractor shall indemnify and save the City harmless for any damage resulting to it for failure of either Contractor or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Contractor agrees to maintain during the term of this Agreement: COVERAGE MINIMUM LIMITS General and Auto Liability $500,000 per person/incident $1,000,000 incident Professional Liability (if applicable) $1,000,000 Worker's Compensation Statutory Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City's Agreement Administrator with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of"VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided shall be per Occurrence, not Claims Made, forms. The Contractor's insurance policies shall be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contractor shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty(30) calendar days written notice have been given to the City by certified mail. ARTICLE 9—INDEMNIFICATION a. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Cape Canaveral, its officers, agents, officials, representatives, employees and the City of Cape Canaveral Community Redevelopment Agency its officers, agents, officials, representatives, employees (hereinafter the "City") against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the City may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of Contractor, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non-performance or failure to adequately perform Contractor's obligations pursuant to this Agreement. b. For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Cape Canaveral, its officers, agents, officials, representatives, employees and the City of Cape Canaveral Community Redevelopment Agency its officers, agents, officials, Professional Services Agreement City of Cape Canaveral/Prismatic Page 3 of 14 representatives, employees (hereinafter the "City") against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the City may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of Contractor, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees with respect to patent or copyright infringements. ARTICLE 10—LIMITATION OF LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action arising out of the Agreement, so that the City's liability for any breach never exceeds the sum of $100. For other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Contractor expresses its willingness to enter into this Agreement with the knowledge that the Contractor's recovery from the City to any action or claim arising from the Agreement is limited to a maximum amount of $100 less the amount of all funds actually paid by the City to Contractor pursuant to this Agreement. Accordingly, and notwithstanding any other term or condition of this Agreement that may suggest otherwise, Contractor agrees that the City shall not be liable to Contractor for damages in the amount in excess of$100, which amount shall be reduced by the amount actually paid by the City to Contractor pursuant to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28 Florida Statutes, or to extend the City's liability beyond the limits established in said Section 768.28 Florida statutes; and no claim or award against the City shall include attorney's fees, investigative costs, expert fees, suit costs or pre judgment interest. ARTICLE 11 —SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act(OSHA), and any other pertinent Federal, State or Local Statutes, rules or regulations. The Contractor and any subcontractors shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations. ARTICLE 12-NONDISCRIMINATION The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin or physical handicap. Professional Services Agreement City of Cape Canaveral/Prismatic Page 4 of 14 ARTICLE 13—DRUG FEE WORKPLACE In accordance with Florida Statues 287.087, the Contractor warrants that it is a drug free workplace. ARTICLE 14—PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for CATEGORY TWO ($15,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 15—EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performances if such failure arises out of causes reasonably beyond the Contractor's control and without its fault or negligence. Such causes may include, but are not limited to: Acts of God; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. ARTICLE 16—ARREARS The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation,judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 17—WARRANTY The Contractor warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 18—INDEPENDENT CONTRACTOR The Contractor agrees that it is an Independent Contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Professional Services Agreement City of Cape Canaveral/Prismatic Page 5 of 14 ARTICLE 19—ASSIGNMENT This Agreement may not be assigned without the prior written consent of the City. Any attempt to assign this Agreement without prior written consent of the City shall render the Agreement null and void with respect to the attempted assignee. ARTICLE 20—SUBCONTRACTORS No part of this Agreement shall be sublet without the prior written approval of the City. If the Contractor shall sublet any portion of this Agreement, the Contractor shall be fully responsible to the City for acts and omissions of a subcontractor, and of persons either directly or indirectly employed or retained by Contractor. The subcontractor is subject to the same contractual provision as is Contractor under this Agreement, including but not limited to insurance requirements, records maintenance, and audit requirements. ARTICLE 21—NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of(1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. ARTICLE 22—CONTINGENT FEES. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement 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 Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 23—ACCESS AND AUDITS The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting practices to substantiate all invoiced amounts. Said records will be available to the City during the Contractor's normal business hours for a period of two (2) years after the Contractor's final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s) to the payment by the Contractor of all monies owed. Professional Services Agreement City of Cape Canaveral/Prismatic Page 6 of 14 ARTICLE 24—ENTIRE GREEMENT The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. ARTICLE 25—INTEGRATION; MODIFICATION The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. ARTICLE 26—SEVERABILITY If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist. ARTICLE 27—NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: City of Cape Canaveral Attention: City Manager 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1230 Phone (321) 868-1224 Fax And if sent to the Contractor, shall be mailed to Prismatic Attn: 745 N. Magnolia Avenue #301 Orlando, Florida, 32803 Phone Fax ARTICLE 28—TERMINATION TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Contractor shall violate Professional Services Agreement City of Cape Canaveral/Prismatic Page 7 of 14 any of the provisions of this Agreement, the City may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the Contractor can be determined. TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, in its sole discretion, to cancel the contract by giving written notice to the Contractor thirty(30) days prior to the effective date of such cancellation. ARTICLE 29—EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. ARTICLE 30—GOVERNING LAW& VENUE This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. ARTICLE 31—ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 32—SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other Professional Services Agreement City of Cape Canaveral/Prismatic Page 8 of 14 claims or judgments paid by the state or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. ARTICLE 33- CORPORATE REPRESENTATIONS BY CONTRACTOR Contractor hereby represents and warrants to the City the following: a. Contractor is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for Contractor has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by Contractor has been duly authorized by the board of directors and/or president of Contractor. In support of said representation, Contractor agrees to provide a copy to the City of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. Contractor is duly licensed under all local, state and federal laws to provide the work stated in the Scope of Services set forth in Exhibit "A". In support of said representation, Contractor agrees to provide a copy of all said licenses to the City prior to the execution of this Agreement. ARTICLE 34 - PUBLIC RECORDS In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Professional Services Agreement City of Cape Canaveral/Prismatic Page 9 of 14 Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. ARTICLE 35 - HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. ARTICLE 36- WAIVER AND ELECTION OF REMEDIES - Waiver by either party of any term or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. ARTICLE 37 - DRAFTING — City and Contractor each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. (Execution Page Follows) Professional Services Agreement City of Cape Canaveral/Prismatic Page 10 of 14 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Cape Canaveral,Florida, a Florida municipal corporation. Attest: By: k9 ' David L. Greene, City Manager By: '1,-7./.tit c- ,C ; b, ' "Celfa, ; '4r.. Angela MApperson,MMC, City'Clerk CONTRACTOR: Foresight Design Group,Inc., d/b/a Prismatic a Florida corporation. WITNESSES: t By: Print Name: 4,s/to 4,s/toeitis,icc,s Print Name: 5-4,1,LA,,b. ?c,y , Title: .1.7% ,s v,�:._,,::1. / ° A4L) and / r ;' Professional Services Agreement City of Cape Canaveral/Prismatic Page 11 of 14 EXHIBIT "A" SCOPE OF SERVICES A. Services Stage 1: Absorb —weeks 1-2 • Project kick-off meeting to discuss all aspects of the project including (but not limited to) timeline, budget, internal and external factors, goals, partnerships, development plan, programming, possibilities for early public engagement, knowns and unknowns, any specific vision that may exist which could influence the brand • Explore desire for crowdsourcing and community engagement at strategic junctures in the brand's creation and launch • Material review/submittal SOP and regular meeting schedule (weekly recommended) • Project organization technology and channels that will be used to facilitate our efforts (Basecamp, email, etc.) • Discuss what success looks like and any specific metrics we need to focus on within our assessment stage • Outline foreseen potential use and implementation requirements of the brand not subject to software and technology considerations/limitations • Identification of current City communication channels that can be used to help engage the community in our efforts NOTE: It is important to begin forging a relationship with the person(s) who will carry forward the brand on the City's side as early as possible in our process Stage 2: Study—weeks 3-6 • Role models, including those we will identify in our efforts which may lend additional opportunities for research, ideas, and analysis of possibilities for the brand, crowdsourcing and launch activities • Current marketing, branding and public relations/communication plans • Commissioned or available market studies and research and identify research and data points needed • Interviews with community/business/City stakeholders • Analysis of competitors • Analysis of current efforts and creative elements Stage 3: Conceive —weeks 7-14 • Strategic objectives outline to include brand implementation, management, and continued promotion of the brand • Plan for reviewing and assessing analytics and metrics to determine the success of our efforts • Identification of recommended materials to facilitate the launch of the brand and support marketing • Creative brief that will serve as the foundation for creative concepts; consider this the preface and introduction for the story of the brand. Professional Services Agreement City of Cape Canaveral/Prismatic Page 12 of 14 • Keywords and mood boards to help express the tone of the brand • Crowdsourcing concepts • Target audience identification including personal vignettes Stage 4: Engage —weeks 7-23 • Crowdsourcing, polling, voting initiatives that engage the public in helping shape the City's brand • Focus group testing (if needed since we anticipate crowdsourcing may supplant the need for traditional focus groups while also reaching a broader audience) • Branding charrettes with client team and identified stakeholders and influencers NOTE: Duration and timing of crowdsourcing is to be determined because it is based on our strategy and concepts for crowdsourcing Stage 5: Create—weeks 15-23 • Brand platform: visuals, color palettes, font selections, brand story, key messages, tagline, keywords • Video: sizzle reel for the City that can be used in marketing and outreach efforts and online via the City's website and all social media platforms • Facebook branding • Brand standards manual with guidelines for cohesive use Stage 6: Launch —week 24 • Implementation plan is activated • Remain available to assist in additional capacities as deemed necessary by the City to support and achieve the launch (implementation) plan NOTE: Due to the nature of crowdsourcing, the new brand's "launch" will actually begin through more of a natural, organic introduction through community engagement activities brought forth Stage 7: Sustain • Evaluation plan is activated and reporting on the effectiveness of the brand to the City • Remain proactive and vigilant in seeking out new opportunities to promote the City, activate the brand, and enhance promotion efforts B. Compensation The City of Cape Canaveral has set forth a budget of$30,000.00 as outlined in the RFP. This Scope of Services outlined in this document will all be provided through this comprehensive budget, with specific budget allocations being developed within our strategy phase. Our strategy will involve crowdsourcing opportunities designed to support and nurture community engagement. These precise opportunities are yet to be determined therefore; we are providing our contract for the full budget amount in addition to the following general ESTIMATED and APPROXIMATE budget allocations for the stages of our scope of services. Professional Services Agreement City of Cape Canaveral/Prismatic Page 13 of 14 NOTE: an hourly rate of$120 for your non-profit status is included (discounted from our standard rate of$140) STAGE HOURS APPROXIMATE Absorb 10 $1,200 Study 30 $3,600 Conceive 38 $4,560 Engage 40 $4,800 Create 95 $11,400 Launch 6 $720 Sustain 10 $1,200 Materials $2,520 Allowance for supplies and materials needed to support the Engage stage Total 229 $30,000 + Shipping charges (if applicable) will be billed to the client at cost with no additional mark up. + All design charges include up to 3 rounds of standard revisions (unless otherwise specified) and digital proofs will be provided as PDF files. + All rates are subject to change. The proposed estimate is valid for 180 days from the execution date of this Agreement. + Bounced checks will result in a NSF (Non Sufficient Funds) fee. + Photography, text, fonts and/or any other media that we are to use based upon client direction must be supplied to us digitally. Professional Services Agreement City of Cape Canaveral/Prismatic Page 14 of 14