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HomeMy WebLinkAboutItem No. 09 - Agreement with Storyland Studios for Digital Storytelling and Tourism Development9)Agreement with Storyland Studios for Digital Storytelling and Tourism Development Approve and authorize the City Manager to execute an agreement/contract with Storyland Studios in an amount not to exceed $164,500 for a plan for the 10-acre site next to the campground, digital storytelling, including website development, and visitor guide to fit various mediums such as desktops, tablets, and mobile phones in such final form as approved by the City Attorney. Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Gina Gonzalez, Director of Economic Development and Legislative Affairs Date:October 22, 2024 Subject:Agreement with Storyland Studios for Digital Storytelling and Tourism Development Recommendation Approve and authorize the City Manager to execute an agreement/contract with Storyland Studios in an amount not to exceed $164,500 for a plan for the 10-acre site next to the campground, digital storytelling, including website development, and visitor guide to fit various mediums such as desktops, tablets, and mobile phones in such final form as approved by the City Attorney. Background Storyland 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, Storyland Studios was conceived to help storytellers (from CEOs to George Lucas) tell their stories in three dimensions: *Strategic Branding: Design that you walk away with *Interactive Media: Design that you interact with *Spatial Storytelling: Designs that you walk into Storyland 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 of clients, including Disney and the successful redevelopment of the 1,100-acre Disneyland Resort District – Downtown Disney, California Adventure, Disneyland, and Launch Pointe in Lake Elsinore. Storyland Studios Agreement Page 2 of 2 1 4 9 4 Discussion Tourism development is important to the economic development of a city and the diversification of its local economy. Launch Pointe is a key feature in the City’s tourism portfolio. Storyland Studios’ understanding of the City of Elsinore’s needs and vision will carry through to a ‘Phase 2’ plan to expand the service offering and associated revenue streams at Lake Elsinore in connection with new opportunities for development at Launch Pointe on the 10-acre parcel to the west of the existing campground. By building on the success of the brand creation for Launch Pointe through brand personality, naming, logo, and website design, Storyland Studios will develop a new concept for a Phase 2 Launch Pointe plan that builds on and complements the existing brand and create a site master plan to envision the development, starting to bring the City’s ideas to life. The Phase 2 services are estimated to continue for 3 to 4 months and will cost a total cost not to exceed $70,000. On a much broader scale and in addition to the Phase 2 plan, Storyland Studios will assist the City’s economic development team in designing and developing an engaging tourism website for the City of Lake Elsinore to tell its unique story and engage its target audience to increase, develop, and encourage tourism in the City of Lake Elsinore which was identified within the City’s 2040 Plan as a City Council priority and is a part of the City’s draft Economic Development strategy. Storyland Studios will guide the City of Lake Elsinore through a kickoff process to capture the City’s personality, brand, and story through the development of the tourism website, marketing materials, and visitors guide. Storyland Studios will define demographics, concerns, requirements, and Digital Storytelling. Storyland Studios technologies will use modern user interface standards and incorporate custom elements to accomplish the City of Lake Elsinore’s vision and goals. The overall project is estimated to continue over 12 months. It will cost a total cost not to exceed $94,500 for website development and buildout, as well as a booklet visitors guide (buildout, design, content, graphics, and storyline) that matches overall branding for Lake Elsinore. Fiscal Impact Total compensation for all services will not exceed $164,500. Funds are available in the City’s Fiscal Year 24-25 Annual Operating Budget. Attachments Attachment 1 - Agreement Exhibit A - Scope of Services Economic Development Page 1 AGREEMENT FOR PROFESSIONAL SERVICES Storyland Studios, Inc. Website, Design and Visitors Guide Services; Blue Sky Master Plan and Digital Discovery This Agreement for Professional Services (the “Agreement”) is made and entered into as of October 22, 2024, by and between the City of Lake Elsinore, a municipal corporation (‘‘City") and Storyland Studios, Inc., a corporation ("Consultant"). RECITALS A. The City has determined that it requires the following professional services: Website, design and visitors guide development 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, Parts I and II). Consultant shall provide such services at the time, place, and in the manner specified in Consultant’s Proposal, 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 this Agreement. 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 this Agreeement. When requested by Consultant, extensions to the time period(s) specified may be approved in writing by the City Manager. Page 2 3 8 0 3 7 c. Term. The term of this Agreement shall commence upon execution of this Agreement and shall continue until the services and related work are completed in accordance with the Consultant’s Proposal (Exhibit A). 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultants’ Proposal (Exhibit A, Parts III and IV), which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $164,500.00) without additional written authorization from the City. 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 Payment. Consultant 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. Consultant’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 Consultant provides services. Consultant’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 Consultant no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Background Checks. At any time during the term of this Agreement, the City reserves the right to make an independent investigation into the background of Consultant’s personnel who perform work required by this Agreement, including but not limited to their references, character, address history, past employment, education, social security number validation, and criminal or police records, for the purpose of confirming that such personnel are lawfully employed, qualified to provide the subject service or pose a risk to the safety of persons or property in and around the vicinity of where the services will be rendered or City Hall. If the City makes a reasonable determination that any of Consultant’s prospective or then current personnel is deemed objectionable, then the City may notify Consultant of the same. Consultant shall not use that personnel to perform work required by this Agreement, and if necessary, shall replace him or her with a suitable worker. 6. 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. If 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. In 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. Page 3 3 8 0 3 7 7. Plans, Studies, Documents. a. 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 or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents and other writings to City upon written request. City shall have sole determination of the public’s rights to documents under the Public Records Act, and any third- party requests of Consultant shall be immediately referred to City, without any other actions by Consultant. b. Licensing of Intellectual Property. 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. c. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & 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. 8. 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. Page 4 3 8 0 3 7 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 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. 9. Independent Contractor. a. Consultant is and shall at all times remain as to the City a wholly independent contractor pursuant to California Labor Code Section 3353. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatsoever against City, or bind City in any manner. b. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary and except for the fees paid to Consultant as provided in the Agreement, 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 contribution and/or employee contributions for PERS benefits. 10. PERS Eligibility Indemnification. In 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. 11. Interests 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 Page 5 3 8 0 3 7 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).) 12. Professional Ability 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. 13. Compliance with Laws. a. Consultant shall comply with all local, state and federal laws and regulations applicable to the services required hereunder, including any rule, regulation or bylaw governing the conduct or performance of Consultant and/or its employees, officers, or board members. b. Consultant represents that it has obtained and will maintain at all times during the term of this Agreement all professional and/or business licenses, certifications and/or permits necessary for performing the services described in this Agreement, including a City business license. 14. 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. 15. Indemnity. 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 Page 6 3 8 0 3 7 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. It 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. 16. Insurance Requirements. a. Insurance. 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 Coverage. Consultant shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance 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. In the event that Consultant is exempt from Worker’s Compensation Insurance and Employer’s Liability Insurance 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 Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If 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 Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. Page 7 3 8 0 3 7 iii. Automobile Liability Coverage. 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 Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 (“any auto”). No endorsement may be attached limiting the coverage. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance appropriate for Consultant’s profession for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s services under this Agreement, whether such services are provided by the Consultant or by its employees, subcontractors, or sub consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best’s rating of no less than A:VII and shall be endorsed with the following specific language: i. Notwithstanding any inconsistent statement in any required insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers’ Compensation, shall bear an endorsement whereby it is provided that, the City and its officers, employees, servants, volunteers and agents and independent contractors, including without limitation, the City Manager and City Attorney, are named as additional insureds. Additional insureds shall be entitled to the full benefit of all insurance policies in the same manner and to the same extent as any other insureds and there shall be no limitation to the benefits conferred upon them other than policy limits to coverages. 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 with 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 8 3 8 0 3 7 c. Deductibles and Self-Insured 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 Insurance. 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. 17. 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. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Storyland Studios Inc. 345 Puite Creek Drive Lake Elsinore, CA 92881 18. Assignment and Subcontracting. 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. If 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. 19. 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. 20. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other 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. Page 9 3 8 0 3 7 21. 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. If 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. If the dispute remains unresolved after mediation, either party may commence litigation. 22. Prohibited Interests. 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. 23. Equal Opportunity Employment. 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. 24. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et 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). It 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, indemnify, 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 indemnity shall survive termination of this Agreement. 25. Severability. If 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. 26. Controlling 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. 27. Authority to Enter Agreement. 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 Page 10 3 8 0 3 7 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 extensions of time; (c) non- monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Counterparts. 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. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 29. Entire Agreement; Incorporation; Conflict. This Agreement contains the entire understanding between the parties relating to the obligations described herein. All prior or contemporaneous understandings, agreements, representations and statements, oral or written, are superseded in total by this Agreement and shall be of no further force or effect. Consultant’s Proposal is incorporated only for the description of the scope of services and/or the schedule of performance and no other terms and conditions from such proposal shall apply to this Agreement unless specifically agreed to in writing. In the event of conflict, this Agreement shall take precedence over those contained in the Consultant’s Proposal. 30. 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. [Signatures on next page] Page 11 3 8 0 3 7 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 City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Assistant City Manager “CONSULTANT” Storyland Studios, Inc., a corporation By: Blake Ryan Its: Managing Principal Attachments: Exhibit A – Consultant’s Proposal Exhibit B – List of Subcontractors EXHIBIT A EXHIBIT A CONSULTANT’S PROPOSAL [ATTACHED] EXHIBIT B EXHIBIT B LIST OF SUBCONTRACTORS [ATTACHED] EXHIBIT A I. VISITOR GUIDE WEBSITE & PRINTED HANDBOOK SCOPE – DIGITAL SERVICES Thank you for the opportunity to propose this ongoing retainer to support major initiatives by becoming an extension of the City’s economic development team. This will enable us to work with the City of Lake Elsinore to deliver the following key projects for Lake Elsinore : • Visitors Guide Website • Visitors Guide Printed Book Additional services will also be identified, agreed and budgeted within the retainer as priorities arise (e.g. brand, web, and spatial). II. BLUE SKY MASTER PLAN & DIGITAL DISCOVERY SCOPE - FEASIBILITY Thank you for the opportunity to develop a proposal for a ‘Phase 2’ plan to expand the service offering and associated revenue streams at Lake Elsinore. We understand that there are new opportunities for development at Launch Pointe, including a mixed-use space in Yurt Village, as well as the 10-acre undeveloped land on the west side. Following our previous engagement with Lake Elsinore, where we worked with you to create a brand for your RV campground through brand personality, naming, logo and website design, we feel that we have a strong understanding of the City of Elsinore’s needs and vision. This will serve as a strong foundation for further brand activity and design development. To support your requirements, we are proposing the following process: Feasibility: We will provide a feasibility study focused on new opportunities – involving benchmarking, market analysis, revenue stream review. We will provide a feasibility study focused on the new opportunities for development including a mixed-use space in Yurt Village as well as the 10-acre undeveloped land on the west side. 1.Kick off meeting: 1 x remote meeting with key stakeholders. At this kick off meeting we will: • Make introductions to key stakeholders and identify key points of contact and approvals • Outline the objectives of the feasibility phase in more detail • Clarify the methods for gathering data • Agree key competitors to include in the benchmarking process 2. Market research analysis • Local and regional demographic analysis • Regional Context and Competition – up to three (3) competitors. Assessment of regional competitors, offer, performance and tastes – honing the content to the nuances of the market. EXHIBIT A • International Benchmarking – up to five (5). Through our international experience we have an unrivalled understanding and database of performance of attractions of all types, providing detailed benchmarking. 3. Site Assessment • Adjacencies, access, suitability, proximity to markets, other areas of importance to highlight at kick-off can be discussed • 4. Financial analysis • Review of existing financial data and forecasts • High level plan - initial illustrative 10-year plan for hospitality and entertainment • Attendance Analysis - high level overview • Recommendations on admission process; • On premises facility sizing • On premise revenue analysis SCOPE – BLUE SKY AND MASTER PLAN BlueSky: Developing a new concept for your phase 2 plan, that builds on the existing brand identified in the initial project, complementing the existing RV park. Master Plan: Creation of a site master plan to envision the development, starting to bring your ideas to life. Our existing knowledge of your site will serve as a great foundation for further developing the BlueSky concept for your mixed-use development space. We will be able to define a complementary yet unique proposition that gives Yurt Village its own character and sense of place. Deliverables of this phase will include: Story Circle Workshop: Through our proprietary Story Circle session, we will work with you and the team of core stakeholders to identify new opportunities that link to Launch Pointe’s existing Big Idea. As we have worked closely with Lake Elsinore on your brand, website and spatial direction since 2017, we have an existing knowledge of your brand and ‘Big Idea’ which we will build on during this project. Project Mood Boards: a collection of carefully curated images that serves as design inspiration for the project. Master Planning: • Hand drawn concept site plan (as needed) • Hand drawn floor plan (as needed) • Renders: (1-2) POVs for undeveloped land; and (2-3) POVs for general use existing area Onsite BlueSky Launch Presentation: Presentation deck for Stakeholders. Launch session will include the presentation of the final deck and final Q&A. EXHIBIT A SCOPE – DIGITAL DISCOVERY Digital Discovery: Review of the check in process – how can we make this more efficient, in addition to offering the guest a curated online/mobile experience? (please note, this element of our service will be performed under our current retainer and concurrently as part of the BlueSky discovery session) Our digital discovery will review your additional technology requirements for checking-in guests and will include: •Review of functionalities requirements •Internal review of the process, followed by a presentation of options to City of Lake Elsinore, outlining recommendations to make the online/mobile check-in process more efficient. Included: •Weekly Client Check-in Meetings - remote, if required. If in-person, pending scheduling, all travel costs are reimbursable expenses. •Revisions - Through our collaborative approach we listen, check our understanding and iterate on each element; the product we deliver therefore typically requires very little revision. However, revisions are a standard part of the creative process. Creative deliverables come with one (1) distinct rounds of revisions only. Any additional amends will require a Change Order and incur an additional fee. EXHIBIT A III. SCHEDULE AND FEE - VISITOR GUIDE WEBSITE & PRINTED HANDBOOK SCHEDULE BREAKDOWN: Service Schedule Retainer Services Start Date: October 1st, 2024 for a minimum of 12 months FEE BREAKDOWN Service Fee Monthly Fee $7,875 per month, minimum of 12 months TOTAL $94,500 A monthly hours report will be provided to assess the hours usage trend. If average hours usage is above monthly retained for 6 months an adjustment to retainer may be needed to bring alignment within 12 months. Additional expenses may be incurred over the course of the project life cycle, to be approved by client, as detailed in the terms and conditions. EXCLUSIONS •Hard costs: such as printing costs, photography, videography, content writing will be charged and invoiced separately. •Architecture services are not included in the cost. •Spatial design services are limited to Storyland’s in-house services •Reimbursable costs PAYMENT SCHEDULE: •Monthly payments – •Payment instructions: Lake Elsinore will be sent a monthly invoice outlining the retainer fee. The first invoice will be issued upon signing of this agreement. Any additional costs incurred on a monthly basis will be detailed (e.g. pre-approved hard costs or reimbursable costs). Any queries should be sent to your account manager: kim@storylandstudios.com EXHIBIT A IV. SCHEDULE AND FEE - BLUE SKY MASTER PLAN & DIGITAL DISCOVERY SCHEDULE BREAKDOWN: Service Schedule Feasibility 2 WEEKS BlueSky and Master Plan 6 WEEKS Digital Discovery 6-8 WEEKS TOTAL 14-16 WEEKS from Contract Signing Date & Receipt of Mobilization Payment FEE BREAKDOWN FEE BREAKDOWN Service Fee Digital Discovery Included in retainer fee Feasibility $30,000 BlueSky and Master Plan $55,000 SUBTOTAL $85,000 Existing client discount -$15,000 TOTAL $70,000 PAYMENT SCHEDULE: • 50% of Fee Due as a Deposit Upon Signing of this Contract // Week 0 ($35,000) • 40% of fee due at midpoint // Week 4 ($28,000) • 10% due at project completion // Week 8: ($7,000) EXHIBIT A EXCLUSIONS AND ASSUMPTIONS Exclusions • Any work not documented in the Scope is considered excluded. • All creative deliverables come with one (1) round of revisions. Any additional revisions requested by the client will be charged separately through a Change Order. • No 3D Visual Fly-through is Included. • Travel expenses are not included in the fee and will be reimbursable from the client. No travel will be booked without the client’s approval. • No taxes or VAT have been included in our fee. Assumptions • One weekly (1-hour) remote check-in has been included - day/date TBA pending scheduling. • No work will take place until Storyland is in receipt of the deposit and a signed copy of this contract. • Scales will be as appropriate; those shown in Scope are indicative only. • Drawings will be produced by hand or other at Storyland’s discretion. • All deliverables will be submitted as PDF files, or suitable format at Storyland's discretion. • All displayed fees are in USD ($), unless specifically stated otherwise. • Any air-travel and associated travel expenses will be recouped at cost +10% administration charge. (To be approved by client prior to cost being incurred). • For the Digital Discovery scope of work, our ability to conduct comprehensive research and provide detailed solutions may be constrained by the need to stay within the allocated retainer hours without incurring additional charges. • Additional expenses may be incurred over the course of the project life cycle, to be approved by client, as detailed in the terms and conditions.