2016/03/16 North Star Destination Strategies Menifee Branding ProjectCITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVTCES AGREEMENT ("Agreement") is made and effective
this l6'h day of March, 2016 ("Effective Date") by and between the CITY OF MENIFEE, a
Califomia municipal corporation, ("City") and North Star Destination Strategies, a C Corporation
("Consultant"). City and Consultant may sometimes herein be referred to individually as a "Party"
and collectively as the "Parties."
SECTION I. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope ofServices, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event ofa conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
l.l Term of Services. The term of this Agreement shall begin on March 16,2016 and
shall end on June 30, 2017 unless the term ofthis Agreement is otherwise terminated or extended
as provided for in Section 8. The time provided to Consultant to complete the Services required
by this Agreement shall not affect City's right to terminate this Agreement, as provided for in
Section 8.
1.2 Standard of Perfomrance. Consultant represents and warrants that Consultant is a
provider offirst class work and services and Consultant is experienced in performing the Servtces
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. ln the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment ofany such persons! Consultant
shall, immediately upon receiving notice from City ofsuch desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
I .5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed EIGHTY FIVE THOUSAND
DOLLARS ($ 85,000.00) notwithstanding any contrary indications that may be contained in
Consultant's proposal, for the Services to be performed and reimbursable costs incuned under this
Agreement. ln the event of a conflict between this Agreement and Exhibit A, regarding the amount
ofcompensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered
pursuant to this Agreement at the time and in the manner set forth herein. The payments specified
below shall be the only payments from City to Consultant for the Services rendered pursuant to
this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate
services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. I for the first
invoice, etc.;
b. The beginning and ending dates ofthe billing period;
c. A "Task Summary" containing the original contract amount, the amount of
prior billings, the total due this period, the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expenset
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit At
Receipts for expenses to be reimbursed;
The Consultant Representative's signature.
Invoices shall be subrnitted to:
City of Menifee
Attn: Accounts Payable
29714 Haun Road
Menifee, CA 92586
2.2 Monthlv Payment City shall make monthly payrnents, based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
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shall have thirty (30) days from the receipt ofan invoice that complies with all ofthe requirements
above to pay Consultant.
2.4 Total Payment. Cit y shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an lrourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A
2.6 ReimbursableExpenses Reimbursable expenses are included within the maximum
amount of this Agreement
2.7 Payment of Taxes. Consultant is solel y responsible for tlre payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that Cit y or Consultanl temrinates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and lor reinrbursable
expenses as ofthe date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of fumishing those facilities shall be in the sole discretion of City. In no event shall City be
required to fumish any facility that may involve incuning any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreemerrt, Consultant, at its own cost and expense,
shall procure the tlpes and amounts of insurance checked below and provide Certificates of
Insurance. indicating that Consultant has obtained or currently maintains insurance that meets the
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2.3 Final Pavment. City shall pay the last ten percent (10%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City ofa final invoice, ifall of the Services required have been satisfactorily performed.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior
to the submission of such an invoice.
requirements of this section and which is satisfactory, in alI respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers'C omDensatlon Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability lnsurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions ofthe Califomia
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000.000.00) per
accident, ONE MILLION DOLLARS ($ I ,000,000.00) disease per employee, and ONE M I LLION
DOLLARS (Sl,000,000.00) disease per policy. In the altemative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance complies
fully with the provisions of the Califomia Labor Code. Determination of whether a self-insurance
program meets the standards ofthe California Labor Code shall be solely in the discretion ofthe
Contract Administrator. The insurer. if insurance is provided, or Consultant, ifa program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agteement.
4.2 Commercial General and Automobile Liabili ty lnsurance
4.2.1 eral re ulrements . Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO
MILLION DOLLARS ($2,000,000.00) general aggegate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregare. If a Commercial General
Liability lnsurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use ofhired, owned, and non-owned automobiles.
4.2.2 Minimum scope ofcoverase. Commercial general coverage shall beatleast
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
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a. The insurance shall cover on an occurrence or an accident basis. and
not on a claims-made basis.
4.3 ProfessionalLiabilitylnsurance.
4.3.1 General requirements. Consultant , at its own cost and expense, shall
maintain ior the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certif,rcate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
4.3.2 Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion ofthe Services. Such continuation coverage may be provided by
one ofthe following: ('l) renewal ofthe existing policy; (2) an extended reporting
period endorsementl or (3) replacement insurance with a retroactive date no later
than the commencement ofthe Services under this Agreement. City shalI have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions ofthe policy, ifConsultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
4.4.1 Acceptabilit), of insurers. AlI insurance required by this Section is to be
placed with insurers with a Bests'rating of no less than A:VII and admitted in Califomia.
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b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers, employees, agents,
and volunteers.
4.4 All Policies Requirements.
4.4.2 Verification of coveraqe. Prior to beginning the Services under this
Agreement, Consultant shall fumish City with Certificates of lnsurance, additional insured
endorsement or policy language granting additional insured status complete certified copies ofall
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate oflnsurance must include the following reference: Menifee
Branding Project. The name and address for Additional Insured endorsements, Certificates of
Insurance and Notice ofCancellation is: Cityof Menifee, 297 l4 Haun Road, Menifee, CA 92586.
City must be endorsed as an additional insured for liability arising out ofongoing and completed
operations by or on behalf of Consultant.
4.4.3 Notice of Reduction in or Cancellation of Coverase . Consultant shall
provide written notice to City within ten (10) working days if: (l) any ofthe required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible
or self insured retention is increased.
4.4.4 Additional insured: orimary insurance. City and its officers, employees,
agents, and authonzed volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision of Consultanti products and completed operations of
Consultant, as applicablel premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on tl're scope ofprotection afforded
to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one ( I ) year after the expiration or termination ofthis Agreement or completion ofthe Services.
A cerlified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
4.4.5 uctibles and Self-insured Retenti . Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before begiming any ofthe
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
retention levels with a requirement that Consultant procure a bond guaranteeing payment oflosses
and related investigations, claim administration, and defense expenses that is salisfactory in all
respects to each of them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall fumish separate certificates and certified endorsements for each
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subcontractor
herein.
All coverages for subcontractors shall be subject to all of the requirements stated
4.4.7 Variation. The Contract Administrator may, but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a detennination that the
coverage, scope, limits, and forms ofsuch insurance are either not commercially available, or that
City's interests are otherwise fully protected.
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agteement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment, until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemrrification for Professional Liabili tv Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law. Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless
City and any and all of its officers, employees. officials, volunteers. and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions. causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties ofany kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims") to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereofl in the performance ofprofessional
services under th is Agreement.
5.2 Inden,nification for Other than Professional Liabilitv. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
all of its officers, employees, officials. volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the perfonnance of this Agreement by Corlsultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
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4.5 Remedies. In addition to any other remedies at law or equity City may liave if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required. City may, at its sole option. exercise any of the following
remedies. which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
c.
5.3 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6, STATUS OF CONSULTANT.
6.1 Jndependent Contractor. At alltinres durin g the term ofthis Agreement, Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalfof Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees, or agents ofCity. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the Califomia Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and,/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7 .l Goveming Law. The laws of the State of Califomia shall govem this Agreement
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations ofthe State
of Califomia, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. It is understood that it is the responsibility ofConsultant to detennine the correct
scale. The State Prevailing Wage Rates may be obtained from the Califomia Department of
Industrial Relations (*DIR*) pursuant to Califomia Public Utilities Code, Sections 465,466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
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reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services ofany applicable local, state, and/or federal law, including, without
limitation, any applicable federal andior state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices)l (ii) the implementation ofSection
l78l of the Labor Code, as the same may be amended from time to time, or any other similar law:
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section I 781 , as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks ofpayment or non-payrnent ofprevailing wages
under Califomia law andior the implementation of Labor Code Section I 781 , as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same ofall subcontractors.
7 .3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the terrn of
this Agreement any licerrses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notifi cation to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition paymenl of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may. in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection Ll. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
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SECTION 8. TERMINATION AND MODIFICATION.
Anrendments. The Pa(ies may amend tltis Agreement only by a writing signed by
8.6 Assi LItl n l eDt Subcontractinu . City and Consultant recogrrize and agree that thisII
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion ofthe performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 rorls u nB tant. If Consultant materiall y breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Ageement;
b. Retain the plans, specifications, drawings, reports, desig'n documents, and
any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in
Exhibit A: and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
SECTION 9. KEEPING AND STATI-1S OF RECORDS.
9.1 as Part of Consultant's Pe . All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any otlrer documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. [t is understood and agreed that the documents and other
materials, including but not limited to those described above, prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other
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all the Parties.
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documents are confidential and will not be released to third parties without prior written consent
ofboth Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, logo, strapline, renderings, and other
documents or works of authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any
other medium, which are prepared or caused to be prepared by Consultant under this Agreement
("Documents and Data"). Stock photography used for the demonstration of creative concepts is
not to be reproduced or published in any way without first negotiating usage rights with the
appropriate stock image provider. To ensure that the recommended strapline (tagline) is available
for use and capable ofbeing trademarked, Consultant will conduct a trademark registration search
with the United States Patent and Trademark Office via their web
site: httD://www.uspto.gov/main/tradernarks.htm. Consultant will report any records found
relating to the strapline to City in a timely manner. In the event that the material, which is the
subject of this Agreement, is copynightable subject matter, Consultant and City agree that for the
purposes of this Agreement the material shall be a work made for hire and the property of the
City. In the event that the material, which is the subject of this Agreement, is not copyrightable
subject rnatter, or for any reason is determined not to be a work made for hire, then Consultant
hereby assigns all right, title and interest to said material to City for use within the scope of
work. Concepts, logos and straplines not selected for use by City remain the intellectual property
of Consultant.
9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books ofaccount, invoices, vouchers, canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum ofthree (3) years, or for any longer period required by law, from
the date offinal payment to Consultant underthis Agreement. All such records shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit ol Records. An y records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
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The pursuit ofan official, legally-binding trademark is the responsibility of City. Consultant shall
require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual
license for any Documents and Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents and
Data. Consultant makes no such representation and warranty in regard to Documents and 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 and Data at any time,
provided that any such use not within the purposes intended by this Agreernent shall be at City's
sole risk.
Under Califomia Govemment Code Section 8546.7, ifthe amount ofpublic lunds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($ I 0,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period ofthree (3) years after final paynent under this Agreement.
SECTIONIO. MISCELLANEOUSPROVISIONS.
10.2 Applicable Law: Venue. The intemal laws of the State of Califomia shall govem
the interpretation and enforcement of this Agreement. [n the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severabilit),. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parls of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headinss and Subheadin gS . The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.6 Successors and Assisns. The provisions ofthis Agreernent shall inure to the benefit
ofand shall apply to and bind the successors and assigns ofthe Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Don McEachem ("Consultant's Representative"). The Consultant's Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using his
best skill and attention, and shall be responsible for all means, methods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 Citv Contrac t Administration . This Agreement shall be administered by a City
employee, Gina Gonzalez ("Contract Administrator"). All correspondence shall be directed to or
through the Contract Administrator or his/her desig'nee. The Contract Administrator shall have
the power to act on behalf of City for all purposes under this Agreement. Unless otherwise
1648/0lt85ir 0001
9408092.1 i0l/01116 -12-
10. I Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief, to enforce or interpret the provision ofthis Agreement, the prevailing
Party shall be entitled to reasonable attomeys'fees and expenses including costs, in addition to
any other relief to which that Party may be entitledi provided, however, that the attomeys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct ofthe
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.5 No Implied Waiver of Breach. Thewaiverofany breach ofa specific provision of
this Agreement does not constitute a waiver ofany other breach ofthat term or any other term of
this Agreement.
provided in this Agreement, Consultant shall not accept direction or orders from any person other
than the Contract Administrator or his/her designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
North Star Destination Strategies
209 Danyacrest Drive
Nashville. TN 37214
Attn: Don McEachem, CEO
Any writterr notice to City shall be sent to the Contracl Administrator at
City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: Gina Gonzalez, Economic Development Manager
with a copy to:
City Clerk
City of Menifee
29714 Haun Road
Menifee. CA 92586
l0.ll Rishts and Remedies. Exc ept with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies ofthe Parties are cumulative
and the exercise by either Party ofone or nrore of such rights or remedies shall not preclude the
exercise by it, at the same or different times, ofany other rights or remedies for the same default
or any other default by the other Party.
10.12 lntegration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A, represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either Party by reason ofthe authorship of
this Agreement or any other rule of construction which might otherwise apply.
-13-
Seal and Signature of Registered Professional with
ort/desi res nsibili
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator, the first page ofa technical report, first page ofdesign specifications, and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stampiseal shall be in a block entitled "Seal and
Signature of Registered Professional with report/desigr responsibility," as in the following
example. _ i
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
10.14 Ex fContract. The persons executing this Agreenrent on behalfofeach of
the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they
are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so
executing this Agreement, such Party is formally bound to the provisions of this Agreement, and
(iv) that entering into this Agreement does not violate any provision of any other Agrcement to
which said Party is bound.
10. I 5 Nondiscrimination. Consultant covenants that, by and lor itself, its heirs, executors,
assigns, and all persons claiming under or through them, that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex. marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Part), Beneficiaries. With the exception of the specific provisions set
fonh in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10. l7 Nonliability of Cit-v Ofllcers and Emnlovees. No officer. official. employee. agent.
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event ofany default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach ofany obligation ofthe terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants t lral no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant, in connection with the award ofthis Agreement or any work to be conducted as a result
of this Agreement.
I 0. I 9 No Benellt to Arise to Citv Emolovees.No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one ( I ) year thereafter,
shall have any interest, direct or indirect, in any agteement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
ISignatures on Following Page]
I ().1ll o l ll5ll 0(l0l -14-
7
lN WITNESS WHEREOF. the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY ME E
Robert City Manager
Man City Clerk
elching, City v
CONST]LTANT
Don McEachern.t&CEO
North Star Destinati Strategies
J
2648/031858-0001
9408092.1a01'0lrl6 -l5-
too2x7,aS to
EXHIBIT A
SCOPE OF SERVICES
(Attached on next page)
EXHIBIT A
PAGE I of I
264{t]01t858 000t
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SCOPE OF WORK
Ini tia ti ng Co mmu ni tJ Engagem e n I
one ofthe most valuable skills North Star brings to the branding table is an understanding of
how best to navigate the political \.,'r'aters that surround such a project. We know when projects
can derail, how to maneuver dilficult political situations and who to include in the process.
With this in mind we have developed strategies for sidestepping potential problems and
keeping your branding initiative on course.
Early understanding is critical to the smooth implementation ofa communiry brand.
Educating your residents, businesses and staffon the purpose, process and possibility ofa
brand early is the first step in achieving buy-in from these important audiences. North Star
has created an array ofeducational tools designed to increase undcrstanding ofand support
for the Menifee branding initiative.
Educational Prcsentation: Live PowerPoint presentation (during the in-market trip) to private and public
sector stakeholder groups (determined and assembled by client) for purposes of educating and funhering
buy-in ofcommunity branding. This is not a cann€d prcsentation. We will collaborate with the Menifee
branding team to determinc who your audiences are and what ).rlu want to convey. Then we craft the
prescotation to meet those goals.
Press Release: .Ihe media cao be a powerful ally in brand engagement. But fust vou have to engage their
help. Wc provide a gcneral press release on what a community brand is and what it does. It also high_lights
the need for the public's help d,ring the process. Not only does rhis sran the public education process, it
opens up lines ofdiscussion wirh rhe press.
Educational PowerPoint: We provide the Mcnifee team with a copy ofthe community branding
PowerRrint prcscntation (with dctai)ed notcs)- This givcs vou rhc abiliry to carry on thc cducation and
engagcment via additional presentations, dist bution ro interested parties or placement on community
websites.
tJrEN,-EE ERANDPRINT 5
NoRrH { sran
5(
What are current brand perceptions?
Having carcfully evaluated Menifee'.s situation and goals, North Star has identified
the following research studies necessary to achieve those goals. This is the most cost-
effective matrix ofresearch for your purposesl namely uncovering the community's
existing reputation relative to the community's most compelling positioning opportunity
This compiled body ofdata points us in the direction we need to go to craft your story.
\lly'e evaluate the environment, the competitive situation, stakeholder attitudes,
community attitudes, current communications and the perceptions oftarget audiences
and iofluencers. Our years ofexperience allow us to highlight the most effective array of
tools and methodologies to ensure the most comprehensive, trust-worthy and detailed
data collection.
You will notice both qualitative and quantitative studies included in this recommended
matrix. North Star strongly advocates a mixed method approach to research because it
will tell you not just "How, When, What and Where" but also "Whv". Only through
mixed methodology can your community obtain a true picture ofwhere your brand is
now, why, where it should be and how that preferred identity can best be accomplished.
Situation Analysis: This cstablishes the ctrrent lay ofthc land fiom thc petspective ofyou critical parmers.
We administer a questionnairc to each intemal group or organization. We meet with thesc groups to explore
the document and more 6rlly understand lour primary objectives, general history, political landscape, resources,
comPetitors, etc.
Reeearch and PlanniryAu&t Existing research and planning is raluable to the end objectives so we coAduct a
comprehensive review of any rclevant research and planning documents.
Communicetion and MediaAudie Part ofdetermioing the best way to tdl your story moving forward is to see
how you've been telling it in the past, We review and analyze o<isting marketing materials, braoding, logos and
messaghg from public and private sector parmers as well as recent press related ro Menifee.
Familiarization Tour: Tour of commercial sites, busiaess and technology parks, housing developments,
downtown, retailers, restaulants, outdoor recreation ateas, parks, the arts, etc.
Red CarPet Tour: We want to krow how you sell formally and informally to key business prospects, developers,
professional candidates, students, potential home buyrrs, etc, We want to hcar your presentations, see what they
see, receive any materials they receivc.
Department Head Focus Groups: The group dynamic briogs mluable insights to the project. Our senior staf
conduct an in-depth group discussions with the individuals responsible for driving the branding initiative.
4
NoRrH { sren
. / Key Stakeholder Interviews: Onc-on-one interviews wirh key partncrs and stakcholders to galher perceptions.
Undercover Interviews: Qralitative discussions rvith Menifee residents, and out of town visitors as they
enjov N{enifee to discover their perceptions, the purpose oI their visit, what makes Menifee different,
\vhat it means to them,lnd more. Researchers will experience the communiry along with tliese targer
markcts using ethnographic shadorving techniques.
Vision Survcy: This open-cnded right brained sun'ev challenges stakcholders to providc dceper comments and
opinions. Wc administer the survey digitally and in paper form to rhe tist provided by 1,ou, guaranteeing all vour
valuable stakcholdcrs arc ablc to participatc. This tool dovctails bcautifirlly with thc qualitative intcrvicrrs and
focr-rs groups above bccause it extends your participart universe and it allows you to layer rrending opinions with
in depth perspectires.
Onlinc Community Sun'cy: (-iiving residcnts a fbrum fbr sharing is important. We use some of the thclrcs
identihed in rhe visi(rl survcv &) crirft a qr-rantitetive survey postcd onlino frrr community-widc parciciparion.
We promote this survey using traditional and social mcdia. Fascinating similarities and differences berween
leadership perspectivcs and resident perspecrives xre ofren revealed.
Bnod Bumca: One of North Star's proprictary rcsearch tools, the brand barorneter measurs the smngth
of Menifee's resident advocacy rclatil,c to the rest ofthe United Statcs as a place to live, work and play. In
other words, how likely are your residcnts to adrocate Menifee for starting a business or quality oftife. Lack of
advocacy can indicate a lack of knowledge or a rcal problem. Either way it gives you a staning point for making
change. suong adrocacy, oo the othcr hand, is a public relations winner. communities with advocacy scores
above tle national average have a lot to be proud of! Note: The brand barometer is also a great benchmarking
tool for measwing intcrnal attinrdina.l change moving forward.
Qralitative Perception Study: Working from a combined list ofsite selectors, relocation executives, meeting
planncrs, rcgiona.l and statc lcvcl cxccutives in cconomic dcvclopnrcnt and othcr cxternal influcoccn you providc
as well as list wc compile, North Sur conducts in-depth intervicws with professionals outside Menilee. These
interviews uncover valuablc 30.000 ti. perupectives.
7
NoRrH I STAR
Qrantitativc Pcrccption Study: This survcy is conducted using a statistically significant random sampling ,,f
consumcrs and non-consumers in outside markets using existing inqui+ records. Data will be cross-tabulated
in a numbcr ofways ro reveal thc most insightful patterDs bc$r'eeo consumcr ind non consumet groups. For
instance, perceptions and :rttitudcs for those who have visited Menifee will bc compared and contrasred to those
rvho have not visitcd and arc rcporting pcrceprions purelv on reputation.This Consumer and Non-Consumer
Awareness and Perception Study mcasurcs:
o Overall aw'arencss and pcrceptions ofNlenifie-
o OveraII awarcness and perceptions ofthe competition.
o Measurements of l{enit'ce's deJivery of qualiry of life indicxro.s.
o Consuoler e\periences with Menifee.
o Attitudes regarding Menifee'.s strengths and wea-knesses.
o Consumer opinions rcgarding what needs to be added or raken away.
o Changes in consumer perceptions ofMenifee after visiting.
o Patterns ofyisitation activitics associated with consumer's prirnary purposc ofvisitation.
Top Burtncr Eoepcco! A ploprietary program that identifies a list oftop business prospects using the
combination ofa psychographic workforce profile and current success6r.l industries in Menifee. It then
determines complementary busiresses within a predetermined mile radius. This data will also be applied
nationwide to cities that haw a simild population size and workforce to pinpoint areas ofoppom.rnity for
Menifec. Will be used to guide brand actioo for purposes ofecooomic devclopment. This study felds between
100 3@ urget businesses and provides c-suite ler,el contacts for each.
Tapestryo Rcridcnt & Conaumcr Profilc: Tapestry provides a residenr, visitor and inquirer profile that is
entirely unique to your consumers. Lifestyle, preferences, media usage, buying bchnvior and more, rhis report
is usefirl for identi!ing potential growth visitor markets, budget allocation, product development and evenr
planoing.
' Who Rcpo* Corsumcr demographic and socio-economic classiEcatiols; this repon also compares
your consumcrs to the proliles ofyour communiry In other words, are your residents like or unlike
your visitors?
' t4hat RePort: PKrfilc ofconsumcr litistyle and media habits such as mcdia usage, household buying
preferences, recrcational interests, civic -rnvolvement, dining choiccs, rerail prefcrcnccs, lodging
tendencies, travel behavior and more
. Wherc Rtport Grid showing relative comparisons oft?eder markets based on thc highest
concentratioo of corc consurners
. Cotsumr Mapprzg. Origirr information from existing darabases (inquirics, lodging properties,
atttactions, etc,)
Competitive Positioning Reviewl A brnnd mcssage 'lssrssment to cvaluirtt Mcnific's position rclarivc to thc
(,,nrpptitiun in rhe Statc,rnd irr tlrc rcgi,'n.
8
NORTH I STAR
)Rf
Connecting tbe dott to tbe Menifee DNA
At this point North Star has collected a comprehensive body of data. Now we examine tic
rclationships bctween dl that data ald leyer all that information on top ofyour goals for this
initiativc. This intense strategic exercise occurs at the highest level ofthe company and results
in development ofa set ofinsights that start to build the emotional and intellecrual connection
the resulting positioning will have with your consumers. Our insights come from asking a
number of thought-provoking questions; what "story" does the research telll What emotional
attachments can the positioning holdi How does the strategy 6t into the consumer's lifestyle?
How can the positioning best be used to elicit Menifeet desired emotionaVbehavioral
responses? It is from these insights that we uncover the common themes in the research and
define your DNA.Insights are compiled in a succinct storyline that leads directly to Menifee's
DNA Definition.This DNA is the critical touch point for all activity moving forward. Here's
our approach for this process.
,/ Situation Brief& Blue Slry Meeting: We get our sharpest research and strategic minds
together at one time to review of a1l research findings. Data on its face has limited value
but the connections between data points open up understanding and opportunity.
/ Insight Development CEO Don McEachern we aves together these connections into a
compelling set ofinsights that start to tell the Menifee story.
/ DNA Definition: Based on those insights, this guiding statement for the management
and devclopment ofyour positioning is developed- This definition should serve as
the touch point for all Menifee activity moving forward. Many of our communities
reference their DNA Definition when making decisions about everything from policy to
infrastructure improvement to promotions. Included in your DNA definition is:
Thrget audieace:For tobom the community bas the mott q??eal.
Frame ofreference:GcoyaPhic con/?xt of tbe rammuair).
Point of diference:Wbat makes yoat community special.
Benefit:Wby it sbould matter to the conrumer
i "Understanding and Insights" Presentation: This represents a critical juncture in
the project. We prepare a comprehensive review of all relevant research, insights and
recommended DNA Definition. A preview ofthis presentarion is shared with key
branding committee members for purposes ofediting and fine-tuning.
NORTH 1 STAR
,
Hout sbould your brad look,feel and sound?
Once we have a DNA foundation for Menifee, the fun and collaboration really begins.
Even though your DNA Definition is the core of the Menifee brand, it sure is a lot
easier to get people ro pay anention ifyou have wrapped that DNA in some relevant and
compelling creativiry At this point we will ask you to asse mble a small creative team
representing the public and private sector with marketing expertise. This team will work
in lockstep with North Star making all creative decisions relevant to your project.
creative wor*shop: A collaborative, interactive meeting berween the North star tcam and the Mcnifee
creative team that explores tle roles ofdifferent creative elements and identifies creativc preferences. Our
goal is to most effectiwly hone in on the rype ofwork you want withour limiting rhe creative thinking of
our writers, graphic designers and art directors. This meeting is always lots offun for everyoae iovolved.
Staplinee: A strapline is oot the be-all and the end-all for your brand. But it is the start ofrhe story.
(We adopted the pfuase "strapline" rather than tagline because thejob ofthis line is to stlap together all of
the missions and agendas in Menifee organizations). Depending on how safe or cdgy you want to be, the
Menifec strapline can capture people's attention immediately and pique their curiosity or it can serve as a
solid, hard-working tool that starts rhe job ofpositioning Menifee in the minds ofconsumers. North star
will providc 8-10 differcnt strapJines along with rationales for the strcngths ofeach lioe. Wc also conduct
trademark and Google searches to ensure the availability ofeach line. This is a critical step and one often
orcrlooked by many professionals. But there is nothing more frustraring than getting to the end of the
project with a strapline that is not available to you,
Logos: We have seen many higtrly successi communities grow and thrive despite very bad logos. That
said, as a community shifts toward a more externally focused marketing perspective, having a strategic,
professional logo as one ofyour tools can bevery helpful. For Menifee we would:
Desigt neto logo 7 - 10 o?tiont (rc?resefiing a raage ofcboices) uith a round ofrctisiou to the $lecrtd
oqtion. Wc dctign thit logo uith and without tb. ttate narne and uitb and )ithout th rba/ine in botb a
ocrticol ond horizorrtql toeku?t, lc?rcscntiig all tbc differnt walt )Da uill ute it.lhk natrel. drhrr togo uitl
be tbcfouadationfor all wbteg cnt int.gtuted logo oersiont.
Dcigt logofaaily. Nortb Star h knounfor i* logofanilia. W can ako eftate curtottt octsiontfor
orgatizations and pa neTt that you dl.tignat .
D.och? t too cot r?ftbcuhx color paletu Etions. We *art by de,eloping logot in black and ulite to rcduce
colol biat. But once tbat dcciriott is modc we o2en thc ?osribiliti.t oirually by atlouixg yox to te!.et bet'aeen
two ,uery dffreqt ?alettet. 1htu k a kcy decision it hozo your airual brcnd identiry toill feel" siue color
molcs cmotion
10
NoRrH { sren
I
SCOPE OF WORK
FOUNOATION CONTINUED
Develop'Looks" to cxtead tbe braad. minh about it. If tbe only tools we gaae you were a logo aad a line,
then all you vtould be able to do it P t that logo and tine on ttat;oneryi, t-$irts afld thc top oflour website.
W gofar beyond that, crafing t@a enti/el! diferent oisual looks thal alloln lo, to cbooft bou yout brard
meuaging taill be eonoeyed in ttms ofheadlines, ?botogra?hl !t!le, $?.ial graphic elcments or d.tailing and
coPy Points. 7be crealioe @rnmittee uill rclect one looA aad it @i be a??lied to ull tu,seguent dclioerables.
Graphic Standards Guide: This guide cootains all necessar), information for using your [ogo, color,
qpefaces, language, narrative and other key elements to ensure consistency across all mediums and liom any
org"oization. We provide digital and printed versions ofthis Guide as well InDesign 61es so you can edit as
necessary This is a crirical deliverable.
Brand Nrrrative: Your DNA Dcfinitioo is the core or what makes Menifee special. The narrative takes
that corc and describes it in artistic and compelling lrnguagc fo! coonectiog emotionally with your difcrcnt
consumers. The narratilc defines your persooality and the Menifee tonc ofvoice. It can be woven into
ad copy, placed on websites, integratcd into speeches and distributed to businesses to use in their own
communications about the place they call home. The more it is used, the more widely yrur message is
dispersed.
l1
NoRrH { srnn
\tr
Hou sbould yur DNA be integrated?
In It can be overwhelming for city leaders presented with a new brand to know what to
do first, second or third for that matter! Our Brand Integration Plan takes you step by step
through the first two years of implementarion with detailed explanations and examples
of every recommendation. In fact, brand Integration is a key area of distinction for North
Star because ofour attention to detail and customization. We ve branded more than 200
communities and no two plans have ever been alike.
The easiest way to understand the depth of this plan is to take you through our
development agenda.
r/ Content Collaboration: First we collaborate with Menifee leaders and branding
committee to identif, are as of emphasis. In other words, what would you like the
brand to help you do in the next rwo years? Recruit new business? Attract more
residents? Increase your appeal for young professionals? Partner more effectively
with existing business? Wal4nding? Develop a robust social media program) Create
a bank of PR story ideasl
I Custom Creative Deliverables; Next we ask for a list o[ l0 custom creative
deliverables vou would like ro see your brand applied to. We,re not talking coffee
.up,
^nd
t-rhir,r, *e'll give you recommendations tbr those standard items
automatically. We're talking in-depth, highly detailed deliverables that your
community actually wants and needs .. . communications, promotions and materials
the city can envision developing in the next few years. Examples include wayfrnding
package, entrl,rvay signage, prospect package, brochure, newsletter, folder designs,
marketing materials, visitors guide, website home page, digital banner ads, resident
newsletter, stationery and PowerPoint, social media, uniforms, downtown unification
elforts, red carpet tour invitations and itineraries.
In addition to showing you recommended designs for each item, we write headlines
and body copy. We show the types of information that should be included in variqus
communication pieces for maximum effectiveness. We carefully select photography
to reflect messaging, brand style and Menifee assets. Extraordinary care is taken with
content and detail to ensure every piece is an extension of the Menifee brand with an
eye toward the Menifee goals.
NoRrH I STAR
SCOPE OF WORK
r/ Action Plan: A portion ofthe plan is dedicated to must-do tactics for helping
your brand gain traction during the first rwo years. And a portion ofyour plan is
dedicated to ideas for addressing the specific areas of emphasis identified by Menifee
leadership. Significant detail is given for each idea and each tactic. In addition
to the 10 specific creative deliverables you requested, we will create 10 additional
deliverables that serve to illustrate and expand on the ideas we present in the action
plan.
'i Final Presentation: We then compile your Action Plan and Custom Deliverables
into a final presentation thar quickly synopsizes the research and then takes viewers
through foundation creative developmenr (line, narrarive, logo, look and color
palette) and through the steps ofthe Action Plan. Each step is illustrated using
the 20 or more custom deliverable designs. We deliver this presentation up to three
times to the groups or committees ofyour choice.
./ Brand Workshops: Using the Final Presentation as our guide, we conduct two
train the trainer workshops within Menifee (one morning and one afternoon).
During these workshops we focus first on brand education and then on strategies
participants can use to spread the work about the brand or integrate it into their own
initiatives.
,' Always Available: And just in c,rse ),ou still have questions following all that
education, we are always available to help along the way!
NORTH 1 STAR
Hozo tbe brand is performing
Evaluation yields new information, which may lead to the beginning ofa new planning
cyde. Information can be gathered from concepr pre-resting, campaign impact in the
marketplace and tracking studies to measure a brandt performance over time. Ideally,
rwo basic questions will be answered: have responses to the brand among target audiences
changed in the way the BrandPrint intended? And have these changes resulted in action
that will achieve the desired objectives ofthe brand?
No single measure of success works for some thing as complicated as ir community brand.
As such, every research study in this plan is designed to produce benchmarks and results
that can be used for comparison with t'uture studies in areas ofadvocacy, rerurn on
investment, perceptions ofthe existing Menifee brand and attitudes regarding how well
Menifee performs as a place to live, visit and do business. Additionally, our 15 years of
branding experience have shown that true success can be seen in the spread ofexcitement,
inspiration and innovation among your stakeholders around the brand. This is a "soft
measurement" but it is vitally important. North Star builds hours into our BrandPrint
process for mentoring with our clients. We also provide a 12-month follow up. However,
we do not limit communication to this instance. Your success is our success, and everyone
at North Star - from the president and CEO to the oflice manager to our research
assistants - takes the success ofour clients personally. Toward that end, we are always
available to answer questions and help with problems. In short, we have maintained an
ongoing personal and business relationship with most ofour clients, some for more than a
decade.
Brand Barometer: cetting the talk right on the street is the most important rhing a communiry can do to
bolster its development eforts. word ofmouth has always been important; ia this post-digita.l world, it is
essential. with the benchmark included in your brand study, the Brand Barometer becomes a simple and
inexpensive uay to track your results and validare your success in word ofmouth advertising and resident
advocacy. we strongly recommend a Brand Barometer measu.ement every year to track the progress of the
commuoiry. North Star keeps a running annua.l average allowing you to compare your community to the
nation ov€r time. This current national sampling mitigates swiogs in the economy and gilcs you the truest
look at advocacy for Menifee-
Qrantitative Pcrccption study: You will have gained an in-depth understanding ofthe brand perceptions
of the community among coosumers a part ofthis effort. You will also have an excellent benchmark. you
will be able to easi.ly assess the changes in your reputation in the minds ofoutsiders, business leaders, visitors
and potential visitors. This will be one ofthe most effective quantifiable measures of the impact ofyour
branding eforts.
4
14
NoRTH { sran
TIM E LIN E
Gening started call
Education & buy-in
Research & Planning Phase
Situation analysis
Research and planning audit
Communication and media audit
In-market (fam tour, focus groups, red carpet tour, interviews)
*Vision Survey
*Online Community Survey & Brand Barometcr
Qualitative Perception Srudy
*Qrantitative Perception Survey
Top Business Prospects
Tapestry Resident & Consumer Profiling
Competitive Positioning Review
Insights
Insights Development
*Siruation Brief & Blue Sky - strategy meeting
'Understanding and Insights presenrarion
Creativity
Creative brief development (internal)
Creative workshop
*Foundational creative development
Action
Action plan & custom deliverable development
*Final presentation & workshops
FinaJ report development
PROPOSED TIME],]NE
'= De?exdtnt u?on boto qutkly approval or inllbtmatiott from client is receioed'
Week 1
Weeks 1 - 2
Weeks 1 - 2
Weeks 1 - 2
Weeks 1 - 2
TBD
Weeks 4 - 8
Weeks 4 - 8
Weeks 4 - 8
Weeks 6 - 10
Weeks 6 - 10
Weeks 6 - 10
Weeks 6 - 10
Weeks 10 - 12
Week 13
Week 14
Week 15
Week 16
Weeks 16 - 20
Weeks 20 - 24
Week 25
Weeks 22 - 25
Weeks 24 - 26