HomeMy WebLinkAbout4.2 North Star Destination Services or
19 82 STAFF REPORT CITY CLERK
CITY COUNCIL File #600-30
DATE: October 7, 2014
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Amendment to Agreement with North Star Destination Services for City's
Marketing and Branding Plan
Prepared by Erin Steffen, Administrative Analyst 11
EXECUTIVE SUMMARY:
The City Council will consider an amendment to the agreement with North Star Destination
Strategies to create the City's Marketing and Branding Plan based on a revised scope of work.
The proposed amendment would extend the agreement until March 1, 2015 and includes
additional creative work, as well as an additional in-person presentation. This amendment
would increase the contract amount by $8,000, bringing the total cost to $136,000.
FINANCIAL IMPACT:
Sufficient funds are available in Fiscal Year 2014-2015 Economic Development Operating
Budget to cover the increase to the contract amount.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Approving the Amendment to the
Agreement between the City of Dublin and North Star Destination Strategies.
l
Submitted ty Reviewed By
Economic Development Director/ Assistant City Manager
Public Information Officer
DESCRIPTION:
The current Agreement with North Star Destination Strategies (North Star) was approved by the
City Council on September 3, 2013 (Attachment 1). The original agreement calls for the creation
of five (5) Logos and two (2) Graphic Identity Looks, and does not specify that the final
presentation will be conducted by North Star in person.
Following discussions with the City Council's ad-hoc Marketing and Branding Committee,
consisting of Mayor Sbranti and Councilmember Abe Gupta, Staff worked with North Star on to
Page 1 of 2 ITEM NO. 4.2
develop a proposed Amendment to the Agreement (Attachment 2). The changes include the
preparation of an additional five (5) Logos and two (2) Graphic Identity Looks, as well as a final
presentation to City Council by North Star in person. These proposed amendments result in an
additional cost of $8,000. Additionally, due to the expanded creative work as well as the time
commitment to vet various creative concepts with the ad-hoc Marketing and Branding
Committee, Staff is also seeking a time extension amendment to the Agreement in order to
complete the Marketing and Branding Plan. The proposed extension date is March 1, 2015.
The current scope of services would be expanded to create ten (10) Logos and four (4) Graphic
Identity Looks as well as to note that the final presentation will be in person, and the contract
amount will increase by $8,000, bringing the total contract amount to $136,000.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Agreement with North Star Destination Services, dated September 3,
2013
2. Resolution Approving Amendment to Agreement with North Star
Destination Services for the Marketing and Branding Plan (along with
Exhibit A, Amendment to Agreement)
Page 2 of 2
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
NORTH STAR
THIS AGREEMENT for consulting services is made by and between the City of Dublin ("City") and
North Star("Consultant") as of September 3, 2013.
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the date first noted above
and shall end on May 31, 2014, the date of completion specified in Exhibit A, and
Consultant shall complete the work described in Exhibit A prior to that date, unless the
term of the 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 the City's right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all 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. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to
this Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One
Hundred Twenty Eight Thousand Dollars and No Cents ($128,000.00), notwithstanding any contrary
indications that may be contained in Consultant's proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's
proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Consultant for 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 services
rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified
herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services
performed by more than one person.
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
• At City's option,for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
• The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds 800 hours, which shall include an estimate of the time
necessary to complete the work described in Exhibit A;
• The Consultant's signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty(60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
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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 entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the fee schedule attached as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B and shall
not exceed Ten Thousand Dollars and No Cents ($10,000.00). Expenses not listed below
are not chargeable to City. Reimbursable expenses are included in the total amount of
compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish 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 the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring 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 Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the 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 the Consultant's bid. Consultant shall not allow any subcontractor to
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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.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The 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. In the alternative,
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 California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shall state that coverage shall not be canceled except after thirty(30)
days' prior written notice by certified mail, return receipt requested, has been given to the
City. Consultant shall notify City within 14 days of notification from Consultant's insurer if
such coverage is suspended, voided or reduced in coverage or in limits.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. 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 work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability 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. 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
activities contemplated under this Agreement, including the use of owned and
non-owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general 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.
Automobile coverage shall be at least as broad as Insurance Services Office
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Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). 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 an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
operations of Consultant; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant.
The coverage shall contain no special limitations on the scope of
protection afforded to City or its officers, employees, agents, or
volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
C. An endorsement must state that coverage is primary insurance with
respect to the City and its officers, officials, employees and volunteers,
and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
d. 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.
e. An endorsement shall state that coverage shall not be canceled except
after thirty(30) days' prior written notice by certified mail, return receipt
requested, has been given to the City. Consultant shall notify City within
14 days of notification from Consultant's insurer if such coverage is
suspended, voided or reduced in coverage or in limits.
4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors
and omissions.
4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim.
4.3.2 An endorsement shall state that coverage shall not be suspended, voided,
canceled by either party, reduced in coverage or in limits, except after thirty(30)
days' prior written notice by certified mail, return receipt requested, has been given
to the City.
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4.3.3 The policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, 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 date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant's sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than AM I.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverages, scope, limits, and forms
of such insurance are either not commercially available, or that the City's interests
are otherwise fully protected.
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4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written
authorization of 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 of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Notice of Reduction in Coverage. In the event that any coverage required
by this section is reduced, limited, or materially affected in any other manner,
Consultant shall provide written notice to City at Consultant's earliest possible
opportunity and in no case later than five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies City may have 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:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• 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 AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers,
employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions,
damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to
property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in
whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees,
subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character
of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life,
damage to property, or violation of law arises wholly from the 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
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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.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement 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 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.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this 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 Consultant's 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 services rendered pursuant to this Agreement. 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, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California 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.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
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shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 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, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, 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.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap
or disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon thirty(30)days' written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment 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 the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. 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
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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.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting_ City and Consultant recognize and agree that this
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 of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
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 work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other 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 the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. 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 the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 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
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00),
the 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 the City,for a period of three (3) years after final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys'fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In 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 the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
Consulting Services Agreement between September 3, 2013
City of Dublin and North Star Page 11 of 13
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest,"as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group,
or interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Linda Smith
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
North Star
ATTN: Don McEachern
209 Danyacrest Drive
Nashville, TN 37214
Any written notice to City shall be sent to:
City of Dublin
ATTN: Linda Smith
100 Civic Plaza
Dublin, CA 94568
Consulting Services Agreement between September 3, 2013
City of Dublin and North Star Page 12 of 13
10.13 Notices. Any written notice to Consultant shall be sent to:
North Star
ATTN: Don McEachern
209 Danyacrest Drive
Nashville, TN 37214
Any written notice to City shall be sent to:
City of Dublin
ATTN: Linda Smith
100 Civic Plaza
Dublin, CA 94568
14.14 Professional Seall. Where applicable in the determination of the contract administrator,
the first page of a technical report,first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility,"as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility,
14.15 Integration. This Agreement, including the scope of work 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.
CITY OF DUBLIN CONSULTANT
Joni Pattillo Don Mc* achern
City Manager North Star F ent'&CEO
Consulting Services Agreement between September 3, 2013
City of Dublin and North Star Page 13 of 14
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Helping stakeholders understand bnsnu6nJ
North Star provides tactics for the use ofxbrand as x pivotal mUvog point tohelp forge
win-win partnerships between the public and private sector. Such partnerships can help
fund the brand initially and fund its integration into the community eventually. In
addition,working toward the common goal of the brand inspires non-siloed teamwork
within the public sector that results in more effective use of limited resources.
Early understanding io also critical to the smooth implementation ofxcommunity
brand.Educating your citizens,businesses and stakeholders on the purpose,process and
possibility of a brand early is the first step in achieving buy-in from these important
xuJioocoo. North Star has created an array of educational tools designed to elicit
understanding of and support for the Dublin branding initiative.
Educational Presentation: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 furthering buy-in
of community branding
Press Release:General discussion on what a brand is and does.Highlight need for the public's help during the
process
Educational PowerPoint:Community branding PowerPoint presentation given to client for use in making
additional presentations,for distribution to interested parties or for placement on community websites
Internal Brand Committee Development:North Star can provide assistance in determining the ideal
branding committee to drive the process internally
Educational Brochure:For distribution to general public if needed:
•North Star will work with Dublin to write and lay out the brochure to the point ofaprint-readyfile
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What are current 6ran
'Mis stage addresses the current positioning of the community; in other words, how
the City, Downtown and Transit Center is perceived by visitors, stakeholders, residents,
buoi000000 and prospective visitors. We evaluate the ooviz000noot, the competitive
situation, community attitudes, current communications, and perceptions of target
audiences and their influencers. North Star strongly advocates a ouizcd oucdhnd approach
to research where quantitative studies tell you"What" and qualitative studies tell you
"Why". Only through mixed methodology can your destination obtain a true picture of
where your brand is oovv why,where it should be and how that preferred identity can best
be accomplished.
Situation Analysis:Questionnaire and meeting with stakeholder groups to understand your primary
ob�jectives,general history,political landscape,resources,competitors,etc.
Research and PlanningAudit:Comprehensive review of research and planning documents including but
not limited to the Adopted Economic Development Strategy,Downtown Specific Plan,Eastern Dublin
Specific Plan and 2011 Demographic Snapshot.
Communication and Media Audit:Review of existing marketing materials from public and private sector
stakeholders as well as recent press related to Dublin
Familiarization Tour:Tour of commercial sites,business and technology parks,housing developments,
downtown,retailers,restaurants,outdoor recreation areas,parks,the arts,etc.
Key Stakeholder Interviews(20):One-on-one interviews with key stakeholders to gather perceptions
regarding the community,Downtown and the Transit Center.
Community Focus Group:An in-depth group discussion with the individuals responsible for driving the
branding initiative
Downtown Focus Group:An in-depth group discussion with the individuals responsible for marketing
downtown
Eastern Dublin Transit Workshop:Meeting with stakeholder team to develop a shared vision and theme
for extending the brand to the Eastern Dublin Transit Center,to determine a plan for coordinating work
and to review community traits and other research.The result of the workshop will be a transit visioning plan
that includes market positioning,transit goals,and target clientele.
Vision Survey(200 Distributed):An open-ended questionnaire distributed to the community leaders of
Dublin
Online Community Survey(200 Respondents):A quantitative study informed by the Vision Survey
posted online for community-wide participation and promoted using social media
Brand Barometer: A toot to measure the strength of Dublin's reputation relative to the rest of the United
States as a place to live,work and play
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Undercover Interviews(15-20): Informal discussions with residents,local merchants and visitors
Tapestry°Resident Profile:A detailed market segmentation report created with ESIU's Arcview,Tapestry
and Business Analyst software-including U.S.Census Bureau data and consumer buying behavior data
from Mediamark Research Intelligence(MIU)
• Who Report:Resident socio-economic class cations
• What Report:Profile of resident restyle habits such as media us age,travel behavior,household buying
preferences,recreational interests, civic involvement,dining choices,retail preferences,lodging tendencies.
Consumer Mapping. Origin information from existing databases(inquiries,lodging properties,attractions,etc.)
Online Brand Monitoring:Review of your online reputation that measures quantity and quality of Dublin's
online"mentions"plus the current topics of discussion and keywords surrounding Dublin.Will be used to guide
brand action for purposes of online marketing strategy suggestion and product development.
Top Business Prospects:A proprietary program that identifies a list of top business prospects using the
combination of a psychographic workforce profile and current successful industries in Dublin.It then determines
complementary businesses that have both high growth and high income ranges within a predetermined mile
radius.This data will also be applied nationwide to cities that have a similar population size and workforce
to pinpoint areas of opportunity for Dublin.Will be used to guide brand action for purposes of economic
development.
Tapestry®Consumer Profile:Detailed psychographic report describing consumers to Dublin using merchant or
visitor records.
Who Report:Consumer demographic and socio-economic classifications;this report also compares your
consumers to the profiles of your community. In other words,are your residents like or unlike your visitors?
• What Report:Profile of consumer lifestyle and media habits such as media usage,household buying
preferences,recreational interests,civic involvement,dining choices,retail preferences,lodging tendencies,
travel behavior and more
Where Report:Grid showing relative comparisons of feeder markets based on the highest concentration of
core consumers
Qualitative Perception Study(20-30):Telephone interviews to gather insights from influencers to include,but
not limited to:economic development prospects,site selectors,relocation executives,meeting planners,group tour
operators,regional,state-level economic development&tourism executives.
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Quantitative Perception Study(200+Completes): Survey conducted using a statistically significant random
sampling of consumers and non-consumers in outside markets.Data will be cross-tabulated in a number of ways
to reveal the most insightful patterns between consumer and non-consumer groups. For instance,perceptions
and attitudes for those who have visited Dublin will be compared and contrasted to those who have not visited
and are reporting perceptions purely on reputation.
Consumer andNon-Consumer,4wareness and Perception Study: Survey conducted using a random sampling
of consumers;specifically,the survey measures:
• Overall awareness and perceptions of Dublin
• Overall awareness and perceptions of the competition
• Consumer visitation patterns to Dublin
• Attitudes regarding Dublin's strengths and weaknesses
• Consumer opinions regarding what needs to added or taken away
• Changes in consumer perceptions of Dublin after visiting
• Patterns of visitation activities associated with consumer's primary purpose of visitation
Competitive Positioning Review:A brand message assessment to evaluate Dublin position relative to the
competition
Competitive Opportunity Analysis:A comparative analysis using Business Analyst Software to uncover
industry information on Dublin's top five economic development competitor communities.Insights are
derived by comparing retail surplus and leakage levels,projected annual growth rates,size of target industries
(classified through SIC and NAICS codes),median household incomes,household types,and the dominate
Tapestry segments of resident bases/workforces.
Competitive Perception Review:During every phase and study of the research process we look for
opportunities to learn more about Dublin's top competitors,including internal and external awareness and
perceptions of their strengths and weaknesses.All findings are combined in a competitive review that paints
a succinct picture of the competition.Specifically the vision survey,online community survey,quantitative
perception study,focus groups,stakeholder interviews,undercover inter-views and the qualitative perception
study inform the competitive perception review.Should time allow,North Star will also include a site visit to
nearby competitors.
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Where is the heart ofyour brand?
The goals for this initiative may involve a number of elements: cohesive community
identity and consistent marketing efforts,cnUcctkecnoumnzitycnoscicocc,nocnvczng
community uniqueness,developing a community presentation to economic development
prospects,highest use of available resources,resident zocnuitonoot/rotootioo'ioczoxooJ
gross receipts,direction of downtown development and creation ofx transit destination io
the context nf the brand. Branding influences these goals by influencing expectations and
affecting attitudes,thus affecting behavior and usage. Z6cmost successful brands establish
x000notiooxl—ootoinnp|vxoiotoOoctuxl—c0000ctioo. Our insights come from asking x
number of thought-provoking questions. What brand^'otozy"does the research tell?What
emotional xttxcbonooto can the brand hold?What are Dublin's core values? How does the
brand fit into the consumer's lifestyle? How can the brand best be used to elicit Dublin's
desired emotional/behavioral responses? Itio from these insights that vm determine the
overall positioning of the brand.
Z6csciosirhtqucstinosazccnoupUcdioasnccioctstnnJiocdhuticadsdizccHvtnI)nblio's
strategic brand platform (positioning otxtoonoot). 'Ibis platform is the critical touch point
for all branded activity (including the Downtown Marketing Plan and East Dublin
Transit Center Visioning) moving forward. For maximum brand impact,all efforts,
thoughts,communications and actions should literally and symbolically support its
00000co.
Situation Brief.Review nf all research findings
Blue Sky Meeting:Internal vo ioo for developing insights based 000igo ificoo t
research patterns and findings
^'KJudxrytaud' and Insights"Presentation: Comprehensive review ofall
relevant research and recommended strategic direction
Brand Platform Statement Development:'Ibe guiding statement for the
management and development of your brand including:
Target audience:Con/unnxrsfor whom your community has the most appeal
}rrnxvFnferxnur Geographic
Point m/ufferemmr What/makm]mur community special
Benefit: Why i/should matter/n the consumer
NOTE: Here, wc conduct ameeting to present all mrthoresearchfinuSngsus well usour
recommended 6nxmdpwi6oming based om/hwofivu6ngs Brand Jlqrornn approval isrequired
6�� mxuS
, m�/v ng.
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How shouldyour brand loolzftel and sound?
In this stage,all the data and high-level strategies are transformed into txooUblo creative
products that embody your brand. Straplines and logos (with graphic standards) are
created.Foundation creative recommendations and looks are created including targeted
marketing messages and advertising,digital dooigo and content recommendations (web
portal,social media),collateral materials,stationery and x color palette. Additional
deliverables may also bodeveloped including environmental applications,oigoxgo,
promotional items,economic development prospecting packages and more.
4 Written Creative Concepts(3):Z6zcc different written concepts for communicating
your brand will 6odeveloped
Logos(5)&Graphic Identity Looks(2):'Ibis collaborative process results in a unique
and memorable visual identity for your brand.In a word,how will your community's
brand look?
2Vo6e:2here is criticalcollaboration that takesplace u//hispoim/with usxlec group
vFstakxhv/dersxo address the written creative concepts and the development vFthx
/ounda6ona/Jns»6ic identity.North Star then provides m/u/ionsfor the remainder vF
the creative work based vn that agreed-upon direction.
Brand Narrative:Takes the foundation of the written concept and breathes life
into it through an artistic interpretation of language.Its purpose is to help residents,
businesses,influencers and consumers connect and embrace the emotional story of the
brand to their own lives.Itrepresents inspiring language meant to describe Dublin's
assets as they relate to your new brand and to garner excitement among brand drivers,
brand partners,and regional otxkrbolJozo.
E�ytczuI�obliuT��uyit��cutcz24�oz' oo���yt�z.�: 8xooJootboz000xzcb
` .
and approved Strategic BzxoJPlxt6ozon,North Star will create new names for the
lrxoob Center including rationale and support for each.North Star will also onxko
recommendations for creative concept testing and validation.
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Brand Identity Guide:North Star will assist the client in identifying a list of
custom deliverables that target your specific goals. Those creative representations and
executions of the brand can include:
• Brand logo and integrated versions for partnering organizations (such as
the Downtown and economic development)
• Graphic standards guide
• Strapline development
• Color palette
• Stationery design
• PowerPoint slide design
• E-newsletter template
• Collateral design (Cover of a prospect folder)
• Marketing messages to targeted industries
• Brand vocabulary
• Infrastructure design
• Website design application
• Mobile website and app design
• Social media design application
• Wayfinding design
• Transit Center facade design
• Public transportation wrap design
• Downtown directional signage design
• Downtown infrastructure design
• Non-traditional outdoor advertising design
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How shouldyour brand 6x
lo this stage,vm develop x complete customized action plan focused oo the three distinct
but overlapping umxot6xtyoubxxooutkooJioyouzR[PiocluciogtboCi l)ovvotovvo
and Eastern Dublin Transit Center. Ibe emphasis on development and visioning for your
downtown and transit center sets the stage for ideal community-wide brand rollout.Both
the Downtown and Transit Center,if directed effectively,can become focal points io
communicating your brand.'They can serve as beacons for the entire community,attracting
citizens and businesses with x powerful and relevant reputation that resonates throughout
the entire city and beyond.
'Ibis plan comprises of fundamental action steps that ensure the brand gains traction and
maintains momentum for the first 6 to 36 months following your brand's development.
Z6c plan will bc presented in three areas of focus as indicated below:
`Ihis plan takes your brand beyond just use of your new logo and line to a deeper level where
brand strategy connects directly to consumer emotion and experience. Step-by-step instruction
guides implementation of your brand in every corner of the community and ranges from nuts
and bolts tactics to out-of-the-box strategies. Specifically the brand addresses organization,
infrastructure,economic development,visitors and community outreach.
Your downtown area has the potential to serve as the literal and figurative heart and soul of Dublin
and your community brand.As such,this part of the plan will emphasize ways to integrate your
community's brand throughout Dublin to enhance regional (and national) perceptions of Dublin as
a shopping and dining destination.Furthermore,it will provide direction on the utilization of the
city-wide brand as a tool for developing a true sense of place for Dublin.'fhis section will also rely
heavily on insight from the 2011 Downtown Specific Plan.
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Dublin's transit system is more than just a transportation mode for moving people from point
A to point B.In addition to the goals of providing safe,comfortable,and convenient travel,
ideally it becomes part of the overall placemaking experience offered by Dublin.As such,this
part of the plan will emphasize opportunities for utilizing the Eastern Dublin Transit Center
as a sub-brand to the overarching Dubin brand,further customizing this excellent tool for
business recruitment and for community interaction.
Custom ideas for these plans generally fall into the following categories:
• Policy(laws or measures that support the brand strategy)
• Sports (tournaments,events,youth sports,etc.)
• EnvironmentalApplications (look at your community as if it were a canvas)
• Purpose Initiatives (charities,sponsorships,etc.)
• Festivals (repackage existing events/festivals or develop new ones)
• Arts(public art campaigns,partnerships with art organizations,art contests with
visitors,residents,students,artists in residence programs)
• Private Sector(tools to engage businesses and other private sector organizations)
• Exports (goods that are manufactured,grown or packaged in your community for
export; even a famous person or idea from your community can be considered an
export)
• Awards(civic awards,organizational awards,etc.)
• Education (programs in schools,small business/entrepreneur mentoring,
education for front-line hospitality staff,etc.)
• Sustainability (residential green initiatives,tax incentives for green industries,etc.)
• Health (community health programs,school-based health initiatives,business-
based health initiatives,hospital and health care agency partnerships)
• Economic Development(marketing,communications,training,outreach,
resources,etc. . .all specifically related to economic development)
• Tourism (marketing,communications,training,products,packaging,merch,etc)
• Events (any organized activity that ties back to the brand ranging in scope from
festivals to health fairs to career counseling to community clean-up days)
• Incentives (tax incentives for businesses,entrepreneurs,art organizations,etc.that
are in line with the brand strategy)
• Master Planning(design and development of infrastructure and support systems
that correlate with the brand strategy)
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How the brand isperforming
Evaluation Yields new information,which may lead to the beginning of oovv planning
cycle. Information can 6o gathered from concept pzo-tooting,campaign impact in the
marketplace and tracking studies to onoxouzo x6zxoJ's poz600nxoco over time. IJoxUu
two basic questions will 6o xoovmzoJ: have zoop00000 to the brand among target xuJioocoo
changed io the way the BzxoJPziotintended? And have these changes resulted ioaction
that will achieve the desired objectives of the brand?
No single measure of success works for something xo complicated as x community brand.
As such,every research study in this plan is designed to produce benchmarks and results
that can be used for comparison with future studies in xzoxo of advocacy,return on
investment and perceptions of the existing Dublin brand and attitudes regarding how well
Dublin performs as a place to live,visit,do business and to attract a talented workforce.
Additionally,our 13 years of branding experience have shown that true success can be 0000
in the opzoxJ of excitement,inspiration and innovation among your otxkebolJozo xzouoJ
the brand. 'Ibis isa"soft oucasnzcoucot",but itis vitally important.
Finally,North Star builds hours into our 8zxo6Pziot process for onootoziog with our
clients. North Star provides x6- oz12-onoot6 follow up. However,vmJo not limit
coononuoicxboo to these iootxocoo. Your success is our success.And everyone at North
Star—from the president and CEO to the office manager to our research assistants—takes
the success of our clients personally.Toward that end,we are always available to answer
questions and help with problems. Io short,vm have maintained xoongoing personal and
6uoi0000 relationship with most of our clients,some for more than x JocxJo.
6 or 12 Month Check TTn
Recommended Measures ofAccountability:
Online Brand Jerce»6on
Perception
Qualitative Perception� ' '
Quantitative Perception� ' '
BrandBarometer
Use vFthx/7nsnd/Varnstinxinthx/^rina/xsector
TapcstrvO Consumer Profiling:Who,What,and Where reports
(three-year update)
NOTE.- Here, wo conduct a6na/ivnsom/a/iom that delivers the creative product, the brand
action ideas and recommended measures vFaonuntn6ilitn A6na/report is produced that delivers
these items as well as thoreseanhfindings, insights and strategic 6nxmdyla/fonn.
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Getting started call Week 1
Education &buy-in Weeks 1 —2
Research&Planning Phase
Research and planning audit Weeks 1 —2
Communication and media audit Weeks 1 —2
Consumer record collection Weeks 1 —3
In-market visit(fam tour,focus groups,interviews,meetings,etc) TBD
Vision survey sent,received and entered Weeks 4—8
Community survey sent,received and entered Weeks 4—8
Inquiry Origin data sent and report mapped Weeks 4—8
Competitive positioning review Weeks 4—8
Competitive perception review Weeks 4—8
Competitive opportunity analysis Weeks 4—8
*Data compiled and mapped Weeks 6— 10
*Tapestry who,what and where reports Weeks 6— 10
Top business prospects Weeks 6— 10
Online brand monitoring Weeks 6— 10
*Perception Study(Qualitative) Weeks 11 — 13
Perception Study(Quantitative) Weeks 13 — 16
Insights
*Understanding and Insights development Weeks 17—21
*Blue Sky- strategy meeting Week 21
Understanding and Insights presentation Week 22
Creativity
Creative brief development (internal) Week 23
Creative concept development Weeks 24—26
Transit naming and testing TBD
Approval of creative concept Week 27
**Brand identity guide development Weeks 28—34
Action
Action plans development (city, downtown 'transit) Weeks 30—34
Final report development Weeks 34—36
PROPOSED TIMELINE Weeks 34—36
Dependent upon how quickly records are received
Dependent upon how quickly approval front client is received
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Education,Research and Insights $56,000
Creativity,Action and Evaluation $62,000
Creativity $32,000
Downtown Action and Marketing Plan $22,000
TransitAction Plan and Visioning $8,000
Complete Investment $'118,000
*North Star is willing to consider working in a phased approach under multiple contracts for
each section (as outlined above)and/or partnerships with other firms.
North Star staff works at a blended hourly rate of$150/hour.
Payment schedule:
We request a third of the payment upfront with an agreed-upon signed contract. 'Ihc next
third installment is due at the completion of the Understanding and Insights presentation.
The remaining third is to be paid in equal payments over the three months following the
Understanding and Insights presentation.
• Travel expenses will not exceed $10,000.
• North Star does not bill for copying,fax,or courier.
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CITY OF DUBLIN
BUDGET CHANGE FORM FISCAL YEAR 2013/2014
CHANGE FORM #
New Appropriations (City Council Approval Required): Budget Transfers:
From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req'd)
From New Revenues Within Same Department Activity
Between Departments(City Council Approval Req'd)
X Other: Non-Departmental Budget Contingency
BUDGET ACCOUNT(DECREASE) AMOUNT BUDGET ACCOUNT(INCREASE) AMOUNT
Expenditure: General Fund - Non- Expenditure: General Fund —
Dept— Budgeted Contingency Economic Development—Contract
Services
GL Account#: 1001.1901.81101 $128,000 GL Account#: 1001.8401.640001 $128,000
REASON FOR BUDGET CHANGE ENTRY:
On June 4, 2013, City Council approved the appropriation of $350,000 to Non-Departmental Budget
Contingency for Strategic Initiative "Create a comprehensive marketing and branding plan for the City".
The budget change is to transfer budgeted contingency from Non-Departmental program to Economic
Development program for consulting services to provide marketing and branding development services to
the City of Dublin.
As Presented at the City Council Meeting on: Date: 09/03/2013
#################(Finance Use Only)######/#############
Posted By: Date:
City Council Minutes Excerpt Attached Reviewed By.
RESOLUTION NO. ** - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING AMENDMENT TO AGREEMENT WITH NORTH STAR DESTINATION
STRATEGIES
FOR THE MARKETING AND BRANDING PLAN
WHEREAS, the City of Dublin ("City"), State of California, entered into an Agreement
with North Star Destination Strategies ("Consultant") on September 3, 2013, to create a
Marketing and Branding Plan for the City; and
WHEREAS, on September 3, 2013, the City Council appointed an ad-hoc Marketing and
Branding Committee, consisting of Mayor Sbranti and Councilmember Abe Gupta, to help make
recommendations on the Marketing and Branding Plan; and
WHEREAS, the Committee has been working with North Star and City staff on the
project and in good faith since that time; and
WHEREAS, the original term of said Agreement needs to be extended until March 1,
2015 due to expanded creative needs; and
WHEREAS, the City now desires the Consultant to create and additional five (5) Logos
and two (2) Graphic Identity Looks, as well as make a final in-person presentation of the
Marketing and Branding Plan before the City Council; and
WHEREAS, City and Consultant now desire to increase the contract amount by $87000
in order to compensate the Consultant for the additional work, bringing the total contract
amount to $136,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Amendment to the Agreement with North Star Destination Strategies, which
is attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendment to the Agreement on behalf of the City Council.
PASSED, APPROVED AND ADOPTED this 7t" day of October, 2014, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso No. XX-14, Adopted *-*-14, Item*.* Page 1 of 1
EXHIBIT "A" OF RESOLUTION - 14
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND NORTH STAR DESTINATION STRATEGIES
FOR THE MARKETING AND BRANDING PLAN
WHEREAS, the City of Dublin (hereinafter referred to as "City") and North Star
Destination Strategies (hereinafter referred to as "Consultant"), entered into an agreement on
September 3, 2013, to create a Marketing and Branding Plan for the City; and
WHEREAS, on September 3, 2013, the City Council appointed an ad-hoc Marketing and
Branding Committee, consisting of Mayor Sbranti and Councilmember Abe Gupta, to help make
recommendations on the Marketing and Branding Plan; and
WHEREAS, the Committee has been working with North Star and City staff on the
project and in good faith since that time; and
WHEREAS, the original term of said Agreement needs to be extended until March 1,
2015 due to expanded creative needs; and
WHEREAS, the City now desires the Consultant to create and additional five (5) Logos
and two (2) Graphic Identity Looks, as well as make a final in-person presentation of the
marketing and branding plan before the City Council; and
WHEREAS, City and Consultant now desire to increase the contract amount by $87000
in order to compensate the Consultant for the additional work, bringing the total contract cost to
$136,000.
NOW, THEREFORE, the parties hereto agree as follows:
Section 1. Extension of Term
The term of the agreement shall be extended until March 1, 2015. Should a new
agreement or amendment to agreement to extend the contract not be entered into by this date
then this agreement will automatically extend until a new agreement or amendment to
agreement is entered into or City gives written notice of termination.
Section 2. Amendment to Exhibit A to the Agreement— Scope of Work
Section Four (4) [Creativity] of Exhibit A to the Agreement shall be revised to
include the creation of ten (10) Logos and four (4) Graphic Identity Looks. Section Six (6)
[Evaluation] of Exhibit A to the Agreement shall be revised to note that the final presentation
conducted by North Star will be "in-person."
Section 3. Amendment to Compensation
Section two (2) of the Agreement shall be revised to increase the contract amount
from $128,000 to $136,000.
Page 1 of 1
CITY OF DUBLIN NORTH STAR DESINTATION STRATEGIES
Christopher L. Foss, City Manager Don McEachern, President
ATTEST:
Date:
City Clerk
Reso No. XX-14, Adopted *-*-14, Item*.* Page 1 of 1