HomeMy WebLinkAboutProfessional Services Agreement with Lynda Friesz, Public Relations for South Meridian Delivery Public Outreach ProgramAGREEMENT
FOR
PROFESSIONAL SERVICES
SOUTH MERIDIAN CITY SERVICE DELIVERY OUTREACH PROGRAM
(Project No. 10270)
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 9~' day of
August, 2011, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Lynda Friesz Public
Relations. Inc., hereinafter referred to as "CONSULTANT", whose business address is
816 Bannock, Ste. A, Boise, ID 83702.
INTRODUCTION
Whereas, the City has a need for services involving Public Relations
Outreach Services; and
WHEREAS, the Consultant is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution of
this Agreement and receipt of the City's written notice to proceed, all
services, and comply in all respects, as specified in the document titled
"Scope of Services' a copy of which is attached hereto as Attachment "A"
and incorporated herein by this reference, together with any amendments
that may be agreed to in writing by the parties.
1.2 All documents, drawings and written work product prepared or
produced by the Consultant under this Agreement, including without
limitation electronic data files, are the property of the Consultant; provided ,
however, the City shall have the right to reproduce, publish and use all such
work, or any part thereof, in any manner and for any purposes whatsoever
and to authorize others to do so. If any such work is copyrightable, the
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Consultant may copyright the same, except that, as to any work which is
copyrighted by the Consultant, the City reserves aroyalty-free, non-
exclusive, and irrevocable license to reproduce, publish and use such work,
or any part thereof, and to authorize others to do so.
1.3 The Consultant shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable
federal, state and city laws, ordinances, regulations and resolutions. The
Consultant represents and warrants that it will perform it's work in
accordance with generally accepted industry standards and practices forthe
profession or professions that are used in performance of this Agreement
and that are in effect at the time of performance of this Agreement. Except
for that representation and any representations made or contained in any
proposal submitted by the Consultant and any reports or opinions prepared
or issued as part of the work performed by the Consultant under this
Agreement, Consultant makes no otherwarranties, eitherexpress or implied,
as part of this Agreement.
1.4 Services and work provide by the consultant at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Consultant shall be compensated on a Lump Sum basis for a
Not-To-Exceed amount of $33,020.00 as provided in Attachment B "Payment
Schedule" attached hereto and by reference made a part hereof.
2.2 The Consultant shall provide the City with a monthly statement , as
services warrant, of fees earned and costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of a
correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Consultant under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Consultant.
2.3 Except as expressly provided in this Agreement, Consultant shall not
be entitled to no receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered underthis Agreement., including ,but not limited to, meals, lodging,
transportation, drawings, renderings or mockups. Specifically, Consultant
shall not be entitled by virtue of this Agreement to consideration in the form
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of overtime, health insurance benefits, retirement benefits, paid holidays or
other paid leaves of absence of any type or kind whatsoever.
3. Time of Performance:
This agreement shall become effective upon execution by both parties, and
shall expire upon completion of the agreed upon services, September 30,
2011 or unless sooner terminated as provided below or unless some other
method or time of termination is listed in Attachment A. This Agreement
shall terminate automatically on the occurrence of (a) bankruptcy or
insolvency of either party, or (b) sale of Consultants business.
4. Independent Contractor:
4.1 In all matters pertaining to this agreement, CONSULTANT shall be
acting as an independent contractor, and neither CONSULTANT nor any
officer, employee or agent of CONSULTANT will be deemed an employee of
CITY. Except as expressly provided in Attachment A, Consultant has no
authority or responsibility to exercise any rights or power vested in the City.
The selection and designation of the personnel of the CITY in the
performance of this agreement shall be made by the CITY.
4.2 Consultant shall determine the method, details and means of
performing the work and services to be provided by Consultant under this
Agreement. Consultant shall be responsible to City onlyforthe requirements
and results specified in this Agreement and, except as expressly provided in
this Agreement, shall not be subjected to City's control with respect to the
physical action or activities of Consultant in fulfillment of this Agreement.
5. Indemnification and Insurance:
CONSULTANT shall indemnify and save and hold harmless CITY from and
for any and all losses, claims, actions, judgments for damages, or injury to
persons or property and losses and expenses and other costs including
litigation costs and attorney's fees, arising out of, resulting from, or in
connection with the performance of this Agreement by the CONSULTANT,
its servants, agents, officers, employees, guests, and business invitees, and
not caused by or arising out of the tortuous conduct of CITY or its
employees. CONSULTANT shall maintain, and specifically agrees that it will
maintain, throughout the term of this Agreement, liability insurance, in which
the CITY shall be named an additional insured in the minimum amounts as
follow: General Liability One Million Dollars ($1,000,000) per incident or
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occurrence, Professional Liability / Professional errors and omissions One
Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One
Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance , in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable for
an amount in excess of the insurance limits, herein provided, CONSULTANT
covenants and agrees to indemnify and save and hold harmless CITY from
and for all such losses, claims, actions, orjudgments fordamages or injury to
persons or property and other costs, including litigation costs and attorneys'
fees, arising out of, resulting from , or in connection with the performance of
this Agreement by the Consultant or Consultant's officers, employs, agents,
representatives orsubcontractors and resulting in or attributable to personal
injury, death, or damage or destruction to tangible or intangible property,
including use of. CONSULTANT shall provide CITY with a Certificate of
Insurance, or other proof of insurance evidencing CONSULTANT'S
compliance with the requirements of this paragraph and file such proof of
insurance with the CITY at least ten (10) days prior to the date Consultant
begins performance of it's obligations underthis Agreement. In the eventthe
insurance minimums are changed, CONSULTANT shall immediately submit
proof of compliance with the changed limits. Evidence of all insurance shall
be submitted to the City Purchasing Agent with a copy to Meridian City
Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642.
6. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and be
deemed communicated when mailed in the United States mail, certified,
return receipt requested, addressed as follows:
City of Meridian
Purchasing Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Lynda Friesz Public Relations. Inc.
Attn: Lynda Friesz
816 Bannock, Ste. A
Boise. ID 83702
Ph. (208) 336-1701
Iynda frieszmartint~lfprinc.com
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
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7. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable
attorneys' fees as determined by a Court of competent jurisdiction. This
provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
8. Time is of the Essence: The parties hereto acknowledge and agree that
time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the
obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
9. Assignment: It is expressly agreed and understood by the parties hereto,
that CONSULTANT shall not have the right to assign, transfer, hypothecate
or sell any of its rights under this Agreement except upon the prior express
written consent of CITY.
10. Discrimination Prohibited: In performing the Services required herein,
CONSULTANT shall not unlawfully discriminate in violation of any federal,
state or local law, rule or regulation against any person on the basis of race,
color, religion, sex, national origin or ancestry, age or disability.
11. Reports and Information:
11.1 At such times and in such forms as the CITY may require, there shall
be furnished to the CITY such statements, records, reports, data and
information as the CITY may request pertaining to matters covered by this
Agreement.
11.2 Consultant shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this Agreement
for a minimum of four (4) years from the termination or completion of this or
Agreement. This includes any handwriting, typewriting, printing, photo static,
photographic and every other means of recording upon any tangible thing,
any form of communication or representation including letters, words,
pictures, sounds or symbols or any combination thereof.
12. Audits and Inspections: At any time during normal business hours and as
often as the CITY may deem necessary, there shall be made available to the
CITY for examination all of CONSULTANT'S records with respect to all
matters covered by this Agreement. CONSULTANT shall permit the CITYfo
audit, examine, and make excerpts or transcripts from such records, and to
make audits of all contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
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13. Publication, Reproduction and Use of Material: No material produced in
whole or in part under this Agreement shall be subject to copyright in the
United States or in any other country. The CITY shall have unrestricted
authority to publish, disclose and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
14. Compliance with Laws: In performing the scope of services required
hereunder, CONSULTANT shall comply with all applicable laws, ordinances,
and codes of Federal, State, and local governments.
15. Changes: The CITY may, from time to time, request changes in the Scope
of Services to be performed hereunder. Such changes, including any
increase or decrease in the amount of CONSULTANT'S compensation,
which are mutually agreed upon by and between the CITY and
CONSULTANT, shall be incorporated in written amendments to this
Agreement.
16. Termination: If, through any cause, CONSULTANT, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under
this Agreement, violates any of the covenants, agreements, or stipulations of
this Agreement, falsifies any record or document required to be prepared
under this agreement, engages in fraud, dishonesty, or any other act of
misconduct in the performance of this contract, or if the City Council
determines that termination of this Agreement is in the best interest of CITY,
the CITY shall thereupon have the right to terminate this Agreement by giving
written notice to CONSULTANT of such termination and specifying the
effective date thereof at least fifteen (15) days before the effective date of
such termination. CONSULTANT mayterminate this agreement at anytime
by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONSULTANT under this
Agreement shall, at the option of the CITY, become its property, and
CONSULTANT shall be entitled to receive just and equitable compensation
for any work satisfactorily complete hereunder.
Notwithstanding the above, CONSULTANT shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONSULTANT, and the CITY may withhold any payments to
CONSULTANT for the purposes of set-off until such time as the exact
amount of damages due the CITY from CONSULTANT is determined. This
provision shall survive the termination of this agreement and shall not relieve
CONSULTANT of its liability to the CITY for damages.
17. Construction and Severability: If any part of this Agreement is held to be
invalid or unenforceable, such holding will not affect the validity or
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enforceability of any other part of this Agreement so long as the remainder of
the Agreement is reasonably capable of completion.
18. Advic® of Attorney: Each party warrants and represents that in executing
this Agreement, It has received independent legal advice from it's attorney's
or the opportunity to seek such advice.
19. Entire Agreement: This Agreement contains the entire agreement of the
parties and supersedes any and all other agreements or understandings, oral
of written, whether previous to the execution hereof or contemporaneous
herewith.
2p. Applicable Law: This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of Idaho, and the
ordinances of the City of Meridian.
21. Approval Required: This Agreement shall not become effective or binding
until approved by the City of Meridian.
CITY QF MERIDIAN
BY: /may
TAMM WEERD, MAYOR
Dated: ~` ~ ` //
u^,,, .,~ g' ~o~l
Approved by City Council: f~
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Attest: .,` ~~~o~c~ r~ '°~ ` ~' _
F
C HOLMAN, (CITY ERK ,~~
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.~% ~'p ~'sr isz ~O .~~`
Approved as to Cont n~%, cQttNTY ~ `~.~`,~
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BY:
KEITH WATTS, P/U~RGHASING MANAGER
Dated: ~~ l - ~
LYNDA FRIESZ PUBLIC RELATIONS,
INC.
BY` t~rnda Fri
~ '` ~
Dep Approval
Y:
. Pete Friedman
TITLE: Interi PI nnin Director
Dated: ~ ~ ~~
Approved as to Form
CITY ATTORNEY
Attachment A
SCOPE OF SERVICES
Situation
In 2010 the City of Meridian conducted a citizen survey. Rankings ranked relative to the
respondents' ideal, showed residents of South Meridian gave lower overall quality-of-life
ratings than did residents of other areas of the city. South Meridian residents gave a high
percentage ofbelow-average ratings, with 10% of residents responding with a 2 or less on
a 5-point scale. South Meridian residents also ranked the quality of city services lowerthan
other regions of Meridian.
While the survey identified quality-of-life metrics where improvements are needed, South
Meridian residents' concerns need to be defined in more detail. In response to citizen
concerns, the City of Meridian will conduct a South Meridian City Service Delivery Outreach
Program to help identify issues further.
The project area consists of the annexed areas south of I-84 and is roughly bordered by
Ten Mile Road to the west, Eagle Road to the east and Amity on the south. (City of
Meridian Zoning Map, July 5, 2011).
The area is primarily zoned low- to medium-density residential with some commercial,
business, and employment areas near I-84.
According to Communities in Motion 2035, the current population in the Ada County/
Canyon County region of slightly more than 400,000 residents, may swell to over 1 million
residents by 2035. Additionally, the center of the region's population continues to move
west.
In 2008 the City of Meridian adopted Comprehensive Plan amendments for the South
Meridian area. Public input during the planning process identified preserving rural,
agricultural lifestyle as ahigh-priority issue. Providing better transportation infrastructure,
placing more small commercial development on south side of I-84, and providing city
services within 5-10 years were also identified as high-priority issues. These issues are
only partially consistent with the citizen survey results.
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Project No. 10270
Needs
The City of Meridian would like to clarify South Meridian residents' current issues through
the South Meridian City Service Delivery Outreach Program. The South Meridian City
Service Delivery Outreach Program will span two fiscal years. The FY11 portion of the
contract will ideally run from August 9, 2011 to September 30, 2011. The FY 12, contingent
on funding approval, will begin October 1, 2011 with deliverables to be completed by
December 31, 2011. Lynda Friesz Public Relations, Inc. has made the staffing
commitments needed to meet this schedule.
Public Involvement Goal, Objective and Guiding Questions
Goal -Phase 1
Identify and clarify South Meridian service delivery issues
Objective -Phase 1
Develop recommended actions in collaboration with City departments
Guiding Questions:
What factors caused you to rank your "quality of life relative to ideal' the way you did?
What can the City of Meridian do to improve quality of life?
Project Team Roles and Responsibilities
Lynda Friesz Public Relations, Inc.
Lynda Friesz Public Relations will serve as the project manager handling all day-to-day
activities including: billing, schedule, meeting coordination and team communications.
Lynda Friesz Public Relations will also develop and implement all outreach activities. The
outcome of the program is to develop a report and strategy that provides details on the
public comments and general themes. The public input will be used to guide a city
services delivery plan.
Project Stakeholders
Initial project stakeholders identified include: South Meridian property owners and
residents, business owners, Meridian City Officials -Mayor, City Council Members,
Meridian Planning and Zoning, Police Department, Fire Department, Emergency Medical
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Services, Parks and Recreation Department, Public Works Department, Idaho Power,
Intermountain Gas, fiber optic providers, Ada County Highway District, Nampa Highway
District, Central District Health, COMPASS, City of Kuna and the City of Nampa.
If possible, it would be helpful to specifically identify the South Meridian participants that
ranked quality of life below average.
Scope of Work
1. Administration
1.1 Kick-off Meeting and Department Head Meeting
An internal Kickoff Meeting to establish roles and responsibilities associated with the
work performed on this project will be held with the City of Meridian and Lynda Friesz
Public Relations. A Department Head meeting will be held to brief Department heads
on the outreach process. It is anticipated two Lynda Friesz Public Relations employees
will attend both the Kickoff Meeting and the Department Head Meeting.
1.2 Setup Project Files and Coordination
Lynda Friesz Public Relations shall schedule and coordinate tasks within this contract.
Lynda Friesz Public Relations shall maintain liaison and coordination with City of
Meridian's designated staff and contractors. Lynda Friesz Public Relations project
manager shall be the primary point of contact and shall communicate the status of work
being performed, and discuss issues or concerns that may impact the project or its
deliverables. Lynda Friesz Public Relations shall monitor the contract budget and
expenditures. Lynda Friesz Public Relations shall maintain project files to include all
relevant project information including, but not limited to: research materials, notes, draft
reports, comments and reviews provided by City of Meridian, information provided by/to
the public, decision logs, contract records, action lists, meeting agendas and meeting
notes.
1.3 Progress Meetings and Invoicing
Lynda Friesz Public Relations shall attend Progress Meeting s with the City of Meridian.
Lynda Friesz Public Relations will also prepare a monthly progress report that
summarizes the services provided to the city of Meridian during each monthly reporting
period in conjunction with the submission of Lynda Friesz Public Relation's monthly
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invoice. It is anticipated that there will be two (2) invoices and two (2) reports.
Deliverables
• Two (2) monthly invoices and two progress reports (hard copy and electronically)
• Meeting notes, decision log and action items from the Kick-off Meeting and
Department Head Meeting, one (1) Kick-off meeting and one (1) Department Head
Meeting
2. Identify Stakeholders
2.1 Gafher Survey Participant Contact Information and South Meridian Resident
Information from the City of Meridian
Lynda Friesz Public Relations will work with the City of Meridian to develop a
stakeholder database using existing databases, survey participant information and
south Meridian residents. This data will be crosschecked with current property owner
information provided by the City of Meridian.
2.2 Develop Electronic/Texf Distribution List
Lynda Friesz Public Relations will use data from current lists to develop email and text
distribution lists. The initial list will be updated using cloud-based data gathering
methods when possible.
2.3 Conduct Stakeholder /nterviews, if Possible
Lynda Friesz Public Relations will conduct stakeholder interviews with survey
participants that gave meridian's quality of life a score of two (2) or lower on a 5-point
scale.
2.4 Update Database After Public Meeting (FY12 Contract)
Lynda Friesz Public Relations will update the database with meeting participants
following the public meeting.
Deliverables
• Stakeholder Database -mailing, emailing and text messaging
• Survey participant interviews, if possible (25 interviews)
• Cloud-based data gathering account setup and access (ie. User can opt-in to e-
updates)
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3. Public Outreach Plan
3.1 Write Public Outreach Plan
Lynda Friesz Public Relations will prepare a public outreach plan
Deliverables
• Public Outreach Plan (electronically and 5 hard copies)
4. Public E-volvement
4.1 Create Project Facebook, Twitter and Other Social Media Accounts/Pages.
Lynda Friesz Public Relations will work with the City of Meridian for specific Facebook
page, Twitter account and other social media accounts deemed valuable to the project.
Possibilities include Google+ for Yammer.
4.2 Setup Project Constant Contact.
Lynda Friesz Public Relations will setup project specific Constant Contact distribution.
4.3Monitor and Reply to Facebook and Twitter daily
Lynda Friesz Public Relations will prepare and conduct and e-campaign promoting the
public workshop.
4.4 Conduct and e-Campaign Prior to Public Meeting
Lynda Friesz Public Relations will prepare and conduct and e-campaign promoting the
public workshop.
4.5Web Site Updates
Lynda Friesz Public Relations shall draft web site content updates forthe project. Up to
four updates are anticipated. Project information content is anticipated to include:
• Project Kick-off
• Project presentation materials
• Upcoming public meetings
• FAQ sheet updates
• Displays
• Major project milestones reached
• Other requested items
Deliverables
• Project Facebook page
Project Twitter account
• Project Constant Contact
Possible additions of Google+ and Yammer
e-Campaign (Minimum of 2 posts prior to the event)
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• Website updates (2 updates)
5. Media Relations
5.1 Develop Media Strategy Plan
Media relation activities will provide a flow of information to the news media
(newspaper, radio and television) about the project. The flow of information will,
however, rise and fall as the project develops. Our goal is not to keep the project in the
news constantly, but rather to focus media and public attention on the project prior to
public workshops and participation opportunities. Project information will be posted on
a website and linked to the City of Meridian website.
5.2News Releases
Lynda Friesz Public Relations shall prepare a news release prior to the public
workshop.
5.3Develop and Distribute Press Kit
Lynda Friesz Public Relations shall prepare and keep updated media packets covering
the project. Media packets are collections of materials with important project
information; Media packets shall include the following materials:
• FAQ Sheet
• Project Schedule
• Project Information Page
• News Releases
• Project Photos and Maps
• Other materials that may be appropriate for the specific event or meeting
Deliverables
• Media Strategy Plan
• One (1) News Release
• One (1) Press Kit (12 copies)
• One (1) Media Monitoring Summary
• Five (5) Media and 22 Public Inquiry Responses
6. Public Workshop
6.1 Open House Public Workshops and Planning Meetings
Lynda Friesz Public Relations shall work with City of Meridian in holding one public
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open house meeting to help determine city service delivery issues in South Meridian.
The specific format and design of the open house is to be determined. Lynda Friesz
Public Relations shall prepare meeting agenda and meeting summary. Lynda Friesz
Public Relations shall be responsible for coordinating logistics, and developing meeting
plans and materials.
6.2 Meeting Tasks and Materials
Lynda Friesz Public Relations shall prepare the following materials and/or complete the
following tasks for the meeting:
• Prepare detailed meeting plan, including meeting layout and calendar
• Make logistical arrangements (location, facility, etc.)
• Draft, design, and distribute invitation (possibly direct mail and email)
• Draft, design, and place display ad
• Draft and design comment forms and sign-in sheets
• Update talking points (if necessary)
• Set-up, attend, and take down meeting
• Transcribe comments (FY 12 Contract)
• Prepare meeting summary (FY12 Contract)
• Update database with sign-in sheet (FY12 Contract)
• Follow-up Meeting December 2011 (FY12 Contract)
Deliverables
• Meeting Plan
Invitation
• Display ad
• Sign-in sheets
• Comment Forms
• Updated Talking Points
• Four (4) display boards
• Transcription of public comments and sign-ins (FY 12)
• Updated database (FY12)
• Summary (electronic and 10 hard copies) (FY12)
7. Document and Evaluate Public Outreach
7.1 Prepare a Project Summary (FY 12)
Lynda Friesz Public Relations shall prepare a project summary that includes the Public
Information Plan, all communication materials, meeting agendas, meeting minutes, etc.
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Lynda Friesz Public Relations will conduct a survey of project stakeholders to gauge
the effectiveness of the public information activities.
Deliverables
• Two (2)Public Information Summary Binders with electronic version
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Attachment B
PAYMENT SCHEDULE
(SAMPLE)
A. Total and complete compensation for this Agreement shall not exceed
$33,020.00 excluding travel expenses. Fees will be billed monthly for completed tasks
only, per the following schedule of values.
TASK DESCRIPTION AMOUNT
1, Task Administration -Includes Kick-off and Department
Head Meetin s $2,355.00
2. Identify Stakeholders $6,330.00
3. Write Public Outreach Plan $1,662.00
4. Public "E"volvement $5,901.00
5. Media Relations $3,438.00
6. Conduct One Public Workshop -Identify Issues $9,201.00
~. Document and Evaluate Public Outreach $2,928.00
**. Direct Expenses (Receipts Required) $1,025.00
TOTAL $33,020.00
Travel expenses will be paid at no more than the City of Meridian's Travel and
Expense Reimbursement Policy.
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