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HomeMy WebLinkAboutItem No. 12 Amend. No 1 for DCS PlainJoe Studios for the RV Campground Prjct #Z40007Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-250 Agenda Date: 6/27/2017 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council Agenda Number: 12) Page 1 City of Lake Elsinore Printed on 6/22/2017 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by:Jason Simpson, Assistant City Manager Date:June 27, 2017 Subject:Amendment No. 1 to Agreement for Design Consulting Services with PlainJoe Studios Recommendation Approve and authorize the City Manager to execute Amendment No. 1 for $30,000 for Design Consulting Services for the RV Campground Project (CIP PROJECT #Z40007). Background PlainJoe Studios is a multi-disciplinary design firm focused on serving the needs of clients in the development of live play destinations that lift the spirit and tell a story. Launched at the start of the new millennium, PlainJoe Studios was conceived to help storytellers (from CEOs to George Lucas) tell their story in three dimensions: Strategic Branding:Design that you walk away with Interactive Media: Design that you interact with Spatial Storytelling: Design that you walk into PlainJoe Studios crew of artists, architects, storytellers and strategists have used the transformational power of story to connect with the everyday "Plain Jane" or "average Joe" of targeted audiences. Their Spatial Storytelling studio has provided design, master planning, architecture, interior design, experiential theming, signage design, project management, construction management and technology services to hundreds clients, including Disney and the successful redevelopment of the 1100 acre Disneyland Resort District –Downtown Disney, California Adventure and Disneyland. Discussion PlainJoe Studios will guide the City of Lake Elsinore through a Brand Personality Profile discovery process in order to understand the RV Park's unique personality and story. While Phase 1 has largely been completed, this Amendment No. 1 will authorize Phase 2 to commence and development of the spatial storytelling graphics and theming plan to begin. Once discovery is complete, the voice and essence statements will be created and the brand will be visually defined. Amendment No. 1 – PlainJoe Studios June 27, 2017 Page 2 The brand standard developed will assist the organization in speaking with a singular voice both verbally and visually to ensure continuity in communication across various platforms. Fiscal Impact RV Campground Project (CIP PROJECT #Z40007) is included in the Fiscal Year 17/18 – 2021/22 Capital Improvement Plan (CIP) budget. Exhibits A – Amendment No. 1 B – Original Agreement AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PLAINJOE STUDIOS FOR DESIGN CONSULTING AND SERVICES AMENDMENT NO. 1 is made and entered into as of February 24, 2017 by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and PlainJoe Studios ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: A. On February 24, 2017, the City and Consultant entered into that certain agreement entitled “Agreement for Professional Services” (the “Original Agreement”). 2. Section 3. Compensation of the Agreement is hereby amended to read as follows: The compensation to the agreement shall be increased by thirty thousand dollars and no cents ($30,000.00). The total compensation will equal fifty thousand dollars and no cents ($50,000.00). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. “CITY” CITY OF LAKE ELSINORE, a municipal corporation Grant Yates, City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney “CONSULTANT” PlainJoe Studios Blake Ryan, President/Managing Principal EXHIBIT A CONSULTANT’S PROPOSAL Scope is located in the original agreement. Phase 1 = $20,000* *(authorized in original agreement) Phase 2 = $20,000 Extra Work = $3,850 Contingency = $6,150 Total = $50,000 Phase 2: Spatial Storytelling BlueSky Workshop Scope ($20,000): •Discovery: ◦Existing Site Review ◦Site / Area Analysis ◦Discovery Session •BlueSky WorkShop: ◦Developed Big Idea ◦Graphics and Theming: ▪Graphics and Theming Plan ▪Graphics and Theming Mood Boards ▪Concept Design (sketches or graphic mock-ups): ▪Wayfinding / Placemaking Graphics ▪Area Vignette Sketches AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF LAKE ELSINORE AND PLAINJOE STUOIOS FOR DESIGN CONSULTING AND SERVICES This Agreement for Professional Services (the "Agreement") is made and entered into as of February 24,2017, by and between the City of Lake Elsinore, a municipal corporation ("City") and PlainJoe Studios, a California Corporation. ("Consultant"). RECITALS A. The City has determined that it requires the following professional services for consulting and support services for brand personality profile discovery process in order to and trainrng and ongoing support to City staff. B. Consultant has submitted to City a proposal, attached hereto as Exhibit A ("Consultant's Proposal") and incorporated herein, to provide professional services to City pursuant to the terms of this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. D. City desires to retain Consultant to perform the services as provided herein and Consultant desires to provide such professional services as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in Consultant's Proposal (Exhibit A). Consultant shall provide such services at the time, place, and in the manner specified in Consultant's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the professional services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the professional services contemplated pursuant to this Agreement according to the agreed upon performance schedule in Consultant's Proposal (Exhibit A). b. Performance Schedule. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the Consultant's Proposal (Exhibit A). When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Page 1 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue through June 30, 2019, with two one year options to extend by the City Manager in writing. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees sel forth in Scope of Work (Exhibit A), which is attached hereto and incorporate herein by reference. Consultant's initial compensation is twenty thousand ai and no cents ($20,000.00) for Phase 1 in Exhibit A. Phase 2 will require formal City Council approval at a later date. Notwithstanding any provision of Consultant's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Pavment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of such notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. lf the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. ln the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 6. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant orto any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. Page 2 a. Licensinq of lntellectual Propertv. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentialitv. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documenls & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 7. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City Page 3 may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. 8. lndependent Contractor. lt is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. L PERS Eliqibilitv lndemnification. ln the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contrlbution and/or employee contributions for PERS benefits. 10. lnterests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Abilitv of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. Page 4 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Lake Elsinore business license. '14. lndemnitv. Consultant shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. lt is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 15. lnsuranceReouirements. a. lnsurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coveraoe. Consultant shall maintain Workers' Compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of California. ln addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation lnsurance and Employer's Liability lnsurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ln the event that Consultant is exempt from Worker's Compensation lnsurance and Employer's Liability lnsurance for his/her employees in accordance with the laws of the State of California, Consultant shall submit to the City a Certificate of Exemption from Workers Compensation lnsurance in a form approved by the City Attorney. Page 5 ii. General Liabilitv Coveraoe. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars (91,000,000) per occurrence for bodily injury, personal injury and property damage. lf a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as lnsurance Services Office Commercial General Liability occurrence form CG 0001 (ed. '11l88) or lnsurance Services Office form number GL 0002 (ed. 'll73) covering comprehensive General Liability and lnsurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liabilitv Coveraqe. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in an amount of not less than one million dollars ($1 ,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as lnsurance Services Office Automobile Liability form CA 0001 (ed. l2190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A.Vll and shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except wrth respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. Page 6 c. Deductibles and Self-lnsured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of lnsurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. lf to City:City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 With a copy to: lf to Consultant: Blake Ryan, PresidenUManaging Principal PlainJoe Studios 7344 Piute Creek Drive Corona, California 9288'l 17. Entire Aqreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assiqnment and Subcontractinq. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors listed in Exhibit B. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement except as provided in Exhibit B without the written authorization of the City. lf City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. Page 7 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severabilitv. lf any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controllinq Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litioation Expenses and Attornevs' Fees. lf either party to this Agreement commences any legal action against the olher party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. lf the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. lf the dispute remains unresolved after mediation, either party may commence litigation. 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. ln approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authoritv to Enter Aqreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant eltensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 27. Prohibited lnterests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Page 8 28. Equal Opportunitv Emplovment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 29. Prevailinq Waqes. Consultant is aware of the requirements of California Labor Code Section 1720, el seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Consultant agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). lt is agreed by the parties that, in connection with the Work or Services provided pursuant to this Agreement, Consultant shall bear all risks of payment or non-payment of prevailing wages under California law, and Consultant hereby agrees to defend, rndemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnrty shall survive termination of this Agreement. 30. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. ln approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Page 9 lN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. .CITY' CITY OF LAKE ELSINORE, a municipal APPROVED AS TO FORM: Attachments: Exhibit A - Consultant's Proposal "CONSULTANT' PLAINJOE STUDIOS City Attorney Page 1 0 EXHIBIT A CONSULTANT'S PROPOSAL and SCOPE Phase l: Brand Personality Process Scope ($20,000): PJS will guide the City of Lake Elsinore through a Brand Personality Profile discovery process in orderto understand the La Laguna RV Park's unique personality and story. Once discovery is complete, the voice and essence statements will be created and the lD words and brand will be visually defined. The brand standard developed will assist the organization in speaking with a singular voice both verbally and visually to ensure continuity in communication across various platforms. . Deliverables:. Leadership, Staff and Stakeholder Surveys. Onsite lntensive Brand Personality Discovery Workshop " Brand Personality Profile Chart. ldentity Words and Boards. Voice and Essence Statements " Brand Standard & Architecture. Corporate Color and Typography Selection Phase 2: Spatial Storytelling BlueSky Workshop Scope ($20,000): . Discovery.. Existing Site Review. Site / Area Analysis. Discovery Session . BlueSky WorkShop:. Developed Big ldea. Graphics and Theming:. Graphics and Theming Plan. Graphics and Theming Mood Boards. Concept Design (sketches or graphic mock-ups):. Wayfinding / Placemaking Graphics. Area Vignette Sketches Project life cycles will vary depending on the complexity and overall scope of a project. PlainJoe Studios will work with you to develop an overall project timeline, detailing major milestones. once the project begins. Tentative Project Schedule: * . March 2017 - Project Kickoff / Discovery Session. April 2017 - Brund Personality Process Completion. April 2017 - BlueSky Workshop *Dates are approximate and subject to change based upon Studio availability. Project priority is based on the order in which projects are signed. The Hourly Rates below are used for Services that are being provided by the Studio on a Time plus Materials and Reimbursables basis, or for when Additional Services beyond those in this Agreement are requested by the Owner, which will be incorporated into this Agreement in the form of a written Amendment signed by both parties. The Studio reserves the right to adjust hourly fee rates for Additional Services due to changes in market conditions, and will notify the Owner in writing in advance of any changes. The partial list of the Studio's current hourly fee schedule in United States Dollars is: . Clerical: $ 65 / hour . lnlern: $ 95 i hour . Designer l: $ 1 15 / hour . Designer ll: $ 125 / hour . Designer lll: $ 135 / hour . Project Manager l: $145 / hour . Graphic Designer / lllustrator: $'150 / hour . Environmental Designer: $150 / hour . Project Manager ll: 155/hour . Principal Architect: $ 175 / hour . Chief Creative Principal: $ 250 / hour . Managing Principal: $ 250 / hour The rates above are for the Studio's employees only. Other Subconsultants may have different position levels and different hourly rates in addition to those listed above.