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CITY COUNCIL AGENDA ITEM NO. 20



Meeting Date: March 11, 2003

Subject/Title: Authorize the City Manager to execute a professional services agreement not 
to exceed $41,500 plus a 10% contingency with Manex to prepare a Brentwood Manufacturing Attraction Strategic Plan.

Submitted by: Howard Sword, Economic Development Director

Approved by: John Stevenson, City Manager


RECOMMENDATION
Authorize the City Manager to execute a professional services agreement not to exceed $41,500 plus a 10% contingency with Manex to prepare a Brentwood Manufacturing Attraction Strategic Plan.

PREVIOUS ACTION
 City Council approved a contract containing the same scope of work with Sam Driggers, a consultant, on October 22, 2002.
 City continued this item to February 11, 2003 to their meeting on February 25, 2003.
 Item pulled (per Howard Sword, Director of Economic Development) from February 11, 2003 City Council meeting and moved to March 11, 2003 meeting.

BACKGROUND
The City of Brentwood’s Economic Development Department has focused on research, planning, project development, approval and financial assistance efforts during the past three and on half years.

One of the primary challenges facing our current economic development efforts is the absorption of the flex –tech / office space under construction. Most of this space is being built as speculative development and tenants must be attracted to occupy the space. These tenants, as identified in our Economic Development Strategic Plan adopted by the City Council in July, 1991, will tend to be smaller companies or divisions of larger companies that will be attracted to Brentwood because of the sub-region’s large trained, educated, and vertically integrated labor base, relatively affordable housing and work space, and the generally high standard of living. A target group of perspective businesses are companies that rely on manufacturing a product in order to justify their real estate costs of doing business and need our available labor base to further their objectives. 

This effort to interest, recruit and site manufacturing firms is a fundamental task identified in the City’s Economic Development Strategic Plan to begin to move Brentwood into the “Basic Economy”. We are currently fortunate to be absorbing the majority of the sub-regional pent-up demand for retail goods and professional services which probably will absorb in excess of two million square feet of space in the next twenty-four months. These goods and services are very beneficial to our residents because of their convenience, not having to travel long distances on the regional roads and providing a substantial contribution to the City’s General Fund through sales tax revenue. They are also important to “Basic Economy” employers interested in the area because their businesses need access to these commodities. These goods and services, however, are primarily in the “Local Serving” category, do not generally provide a substantial number of high paying jobs and are restricted in growth to demand generated by local consumption. The “Basic Economy”, in contrast, generally provides a broader range of better paying jobs and because it relies on business conducted regionally, nationally and inter-nationally is not restricted in growth by only sub-regional demand.
Brentwood’s ability to recruit and attract “Basic Economy” employers will, without a doubt, be challenging. We are all aware that an inherent weakness in are regional location is transportation access. It is easily predictable, with no particular effort or research, to determine that companies with large scale distribution requirements will not be in the targeted industrial sectors. There are companies, however, that do not have large scale distribution requirements from either a raw material or finished product perspective. There are other companies, however, that will be very interested and attracted in our substantial educated, trained and vertically integrated workforce. We must understand the City’s situation in the all various considerations that manufacturers in different industrial sectors contemplate when site location decisions are made. We will then be much better positioned to efficiently identify and recruit businesses in industrial sectors that can benefit from our strengths and are not adversely affected by our weaknesses. 

The scope of work contained in the recommended contract will accomplish the following objectives.

 Provide a strategic plan to interest, recruit and site manufacturing firms in Brentwood.

 Increase awareness within the Bay Area manufacturing community as to the cost competitiveness and other advantages of a Brentwood location.

 Provide tools for accomplishing this mission.

The contract will achieve these objective through accomplishing the following tasks.

 Recommend industrial sectors (using SIC codes) and specific companies for an initial attraction campaign and assist with initial contacts of targeted companies.

 Conduct a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis to aid in identifying potential target industries and assist with the crafting of a marketing campaign.

 Assist in the development and implementation of a Bay Area manufacturing survey, targeting firms within selected industrial sectors. This will serve as a barometer for issues and the initial contact for potential relocation clients.

 Identify and package various business incentives available to manufacturers seeking to relocate to Brentwood.

 Identify, recommend and assist in the development of marketing strategies and tools.

 Submit a final report.

FISCAL IMPACT
This $41,500 contract will be charged to our $100,000 Inter-Regional Partnership Grant for Business Attraction. 

ATTCHMENTS
Exhibit A – JHBIP Application Package
Exhibit B – Scope of Work
Exhibit C – Acceptance Letter
Exhibit D – Agreement for Professional Consultant Services
Exhibit E – January 22, 2001 Staff Report



Exhibit A

APPLICATION PACKAGE

Jobs/Housing Balance Improvement Program
Economic Development Planning Allocation


December 4, 2000
















STATE OF CALIFORNIA
Department of Housing and Community Development
Division of Community Affairs
Community Development Block Grant Program (CDBG)
P.O. Box 942054, MS 390-2
Sacramento, California 94252-2054

Telephone: (See representative listing inside)
Fax: (916) 323-6016
Website: http://www.hcd.ca.gov/ca/cdbg




STATE OF CALIFORNIA
GRAY DAVIS, GOVERNOR



BUSINESS, TRANSPORTATION AND HOUSING AGENCY
MARIA CONTRERAS-SWEET, SECRETARY



DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
JULIE BORNSTEIN, DIRECTOR



Division of Community Affairs

William J. Pavão, Acting Deputy Director




Economic Development Staff

Lisa Vergolini, Program Manager 
Teresa Errington, Program Secretary
James Bishop
Sinetta Farley
Jack Mahan
Janet Myles
Larry Davis, Specialist









Table of Contents



Page

Program Description 1

Eligible Applicants 1

Eligibility Requirements 1

Eligible Activities 1

Maximum Grant Amounts 2

Application Timing and Process 3

Contract Length 3

Application Summary Form 4

Housing Element Certification Form 6

Activity Description 8

Activity Budget Form 9

Tasks / Milestone Form 10

Sample Resolution 11

Staff Contact List 13








PROGRAM DESCRIPTION


Introduction. The California Department of Housing and Community Development (HCD) is pleased to announce the availability of funding in the amount of $4.8 million, under the Jobs-Housing Balance Improvement Program, for Economic Development Strategic Planning and/or business attraction/expansion efforts in “housing rich” communities.

Chapter 80, statutes of 2000 (AB 2864,Torlakson) created the Jobs-Housing Balance Improvement Program (JHBIP) (codified as Health and Safety Code Division 31, Part 2, Chapter 3.7, commencing with section 50540). Economic development planning grants, as described in this NOFA, are a component of the JHBIP. 

Purpose. The purpose of these grants is to attract new businesses and new jobs to areas that lack a sufficient employment base in relation to the housing already being provided.

Eligible Applicants. Any California city, county, or city and county that meets the following additional eligibility requirements is eligible to apply.

Additional Eligibility Requirements. 

1. The applicant must have an adopted housing element that HCD has determined to be in substantial compliance with State housing element requirements (i.e., Government Code Title 7, Div. 1, Ch. 3, Article 10.6, commencing with Section 65580).

2. The applicant must be a “housing rich” community. “Housing rich” for the purposes of this NOFA means that the applicant has fewer than 1.5 jobs per housing unit (standard from the California Department of Finance). For counties, this calculation shall be based on the unincorporated areas only. Each applicant will be required to provide information in the application that shows the applicant meets this definition of “housing rich.”

3. Successful applicants will be required to provide a cash match of ten percent (10%) of the requested grant amount. To be eligible for consideration, an application must include a resolution from the governing body of the applicant committing to provide the 10% match.


Eligible Activities.

1. Grant funds may be used for the development of an Economic Development Strategic Plan that will be used to assist in the expansion of existing businesses or attraction of new businesses. 

a. Community assessment
i. Demographics
ii. Local workforce
iii. Local business analysis
iv. Local market factors
v. Local development capacity
vi. Strengths and weaknesses

b. Economic assessment
i. Location factors/comparative analysis
ii. Market potential
iii. Regional analysis
iv. Implementation steps

2. An applicant that has completed an economic development strategic plan may apply for a grant to create an economic development team to assist the local jurisdiction in better targeting and coordinating outreach to employers who may choose to locate jobs within the community. An application for this activity must include a copy of the applicant’s economic development plan which shall, at a minimum, address the following topics:

a. Community assessment
i. Demographics
ii. Local workforce
iii. Local business analysis
iv. Local market factors
v. Local development capacity
vi. Strengths and weaknesses

b. Economic assessment
i. Location factors/comparative analysis
ii. Market potential
iii. Regional analysis
iv. Implementation steps

3. An applicant may apply for funding to complete or update an economic development plan and for development of a team to provide outreach to employers. The plan must be submitted to HCD for approval before any of the outreach funds will be released. 

Maximum Grant Amounts. Each applicant may apply for up to $100,000. Joint applications may be submitted for up to $100,000 per city or county for a total maximum grant amount of $500,000. All joint applicants must meet the threshold criteria for the application to be eligible. In addition, a Joint Powers Agreement or Memorandum of Understanding between all joint applicants must be submitted with the application.

Application Timing & Process. 

• Applications will be accepted on a continual basis beginning on December 4, 2000, until all funds are committed.

• Applications shall be submitted using the application forms within this document.

• Applications will be reviewed on a first-come, first-served basis and funded until all funds are exhausted. 

Contracts.

• Successful applicants will be awarded a contract for a period of twenty-four (24) months to complete the activities funded. 

• Semi annual reports will be required to provide the State with information regarding the progress of the grantee’s program.


Exhibit A


APPLICATION PACKAGE

Jobs/Housing Balance Improvement Program
Economic Development Planning Allocation


December 4, 2000
















STATE OF CALIFORNIA
Department of Housing and Community Development
Division of Community Affairs
Community Development Block Grant Program (CDBG)
P.O. Box 942054, MS 390-2
Sacramento, California 94252-2054

Telephone: (See representative listing inside)
Fax: (916) 323-6016
Website: http://www.hcd.ca.gov/ca/cdbg




STATE OF CALIFORNIA
GRAY DAVIS, GOVERNOR



BUSINESS, TRANSPORTATION AND HOUSING AGENCY
MARIA CONTRERAS-SWEET, SECRETARY



DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
JULIE BORNSTEIN, DIRECTOR



Division of Community Affairs

William J. Pavão, Acting Deputy Director




Economic Development Staff

Lisa Vergolini, Program Manager 
Teresa Errington, Program Secretary
James Bishop
Sinetta Farley
Jack Mahan
Janet Myles
Larry Davis, Specialist









Table of Contents



Page

Program Description 1

Eligible Applicants 1

Eligibility Requirements 1

Eligible Activities 1

Maximum Grant Amounts 2

Application Timing and Process 3

Contract Length 3

Application Summary Form 4

Housing Element Certification Form 6

Activity Description 8

Activity Budget Form 9

Tasks / Milestone Form 10

Sample Resolution 11

Staff Contact List 13








PROGRAM DESCRIPTION


Introduction. The California Department of Housing and Community Development (HCD) is pleased to announce the availability of funding in the amount of $4.8 million, under the Jobs-Housing Balance Improvement Program, for Economic Development Strategic Planning and/or business attraction/expansion efforts in “housing rich” communities.

Chapter 80, statutes of 2000 (AB 2864,Torlakson) created the Jobs-Housing Balance Improvement Program (JHBIP) (codified as Health and Safety Code Division 31, Part 2, Chapter 3.7, commencing with section 50540). Economic development planning grants, as described in this NOFA, are a component of the JHBIP. 

Purpose. The purpose of these grants is to attract new businesses and new jobs to areas that lack a sufficient employment base in relation to the housing already being provided.

Eligible Applicants. Any California city, county, or city and county that meets the following additional eligibility requirements is eligible to apply.

Additional Eligibility Requirements. 

4. The applicant must have an adopted housing element that HCD has determined to be in substantial compliance with State housing element requirements (i.e., Government Code Title 7, Div. 1, Ch. 3, Article 10.6, commencing with Section 65580).

5. The applicant must be a “housing rich” community. “Housing rich” for the purposes of this NOFA means that the applicant has fewer than 1.5 jobs per housing unit (standard from the California Department of Finance). For counties, this calculation shall be based on the unincorporated areas only. Each applicant will be required to provide information in the application that shows the applicant meets this definition of “housing rich.”

6. Successful applicants will be required to provide a cash match of ten percent (10%) of the requested grant amount. To be eligible for consideration, an application must include a resolution from the governing body of the applicant committing to provide the 10% match.


Eligible Activities.

3. Grant funds may be used for the development of an Economic Development Strategic Plan that will be used to assist in the expansion of existing businesses or attraction of new businesses. 


a. Community assessment
i. Demographics
ii. Local workforce
iii. Local business analysis
iv. Local market factors
v. Local development capacity
vi. Strengths and weaknesses

b. Economic assessment
i. Location factors/comparative analysis
ii. Market potential
iii. Regional analysis
iv. Implementation steps



4. An applicant that has completed an economic development strategic plan may apply for a grant to create an economic development team to assist the local jurisdiction in better targeting and coordinating outreach to employers who may choose to locate jobs within the community. An application for this activity must include a copy of the applicant’s economic development plan which shall, at a minimum, address the following topics:

a. Community assessment
i. Demographics
ii. Local workforce
iii. Local business analysis
iv. Local market factors
v. Local development capacity
vi. Strengths and weaknesses

b. Economic assessment
i. Location factors/comparative analysis
ii. Market potential
iii. Regional analysis
iv. Implementation steps

3. An applicant may apply for funding to complete or update an economic development plan and for development of a team to provide outreach to employers. The plan must be submitted to HCD for approval before any of the outreach funds will be released. 

Maximum Grant Amounts. Each applicant may apply for up to $100,000. Joint applications may be submitted for up to $100,000 per city or county for a total maximum grant amount of $500,000. All joint applicants must meet the threshold criteria for the application to be eligible. In addition, a Joint Powers Agreement or Memorandum of Understanding between all joint applicants must be submitted with the application.


Application Timing & Process. 

• Applications will be accepted on a continual basis beginning on December 4, 2000, until all funds are committed.

• Applications shall be submitted using the application forms within this document.

• Applications will be reviewed on a first-come, first-served basis and funded until all funds are exhausted. 

Contracts.

• Successful applicants will be awarded a contract for a period of twenty-four (24) months to complete the activities funded. 

• Semi annual reports will be required to provide the State with information regarding the progress of the grantee’s program.





























APPLICATION SUMMARY FORM

1. Applicant:  City of  County of: Brentwood 

In the County of Contra Costa 

Type of Application: 
a.  On Applicant's Own Behalf 
b.  Joint Application:________________________________
and__________________________________________ 


2. Total amount of funds requested: $100,000

3 Name, title and mailing address of person authorized in the resolution to sign the grant agreement if funded:

Name: Elam Jon
(Last) (First) (MI)

Title: City Manager

Address: City of Brentwood
150 City Park Way
Brentwood, CA 94513
4. List activity title, amount requested and amount of cash match:

Activity Title Amount Requested
(total maximum grant amount $100,000) Cash Match
(enter the total amount committed)
(minimum 10% of amount requested)
1. Preparation of an ED Strategic Plan $6,000 $ 600
2. Targeting and outreach to businesses $94,000 $10,511









5. Applicant's Staff Contact Information:


Last: First: MI:
Sword Howard

Title: Economic Development Manager
Mailing Address:
150 City Park Way

City: Brentwood State: CA Zip: 94513

Telephone #:(925) 516-5189 Fax #:(925) 516-5441 E-mail address: hsword@ci.brentwood.ca.us 


6. Consultant/Other Public Agency Contact Information:
LAST: FIRST: MI:
Gruen Claude
Mailing Address:
564 Howard Street
City: State: Zip:
San Francisco CA 94105-3002
Telephone #: Fax # E-mail address:
(415) 433-7598 (415) 989-4224 cgruen@ggassoc.com 



7. Legislative Representatives

Member of the Assembly 
State Senator

1. District No. 15 
1. District No. 7

2. Name: Lynne Leach 
2. Name: Tom Torlakson

3. Capitol Room #: 4015 
3. Capitol Room #: 2068





8. OFFICIAL AUTHORIZED TO SUBMIT APPLICATION

Name: Jon Elam 

Title: City Manager


Signature Date: January 22, 2001 




9. Housing Element Self-Certification.

Statutory authority: State of California Health and Safety Code Section 50829.

Applications will not be accepted without a self-certification of substantive compliance

Contents of self-certification: 
THE APPLICANT MUST SELF-CERTIFY THAT IT HAS SUBMITTED A DRAFT HOUSING ELEMENT AND ANY REQUIRED UPDATE TO THE DEPARTMENT IN ACCORDANCE WITH THE REQUIREMENTS OF ARTICLE 10.6 (COMMENCING WITH SECTION 65580) OF CHAPTER 3 OF DIVISION 1 OF TITLE 7 OF THE GOVERNMENT CODE. THE DATE ON THE CERTIFICATION SHOULD NOT BE MORE THAN 12 MONTHS PRIOR TO THE DATE OF THE APPLICATION.

Has the applicant submitted an adopted Housing Element to the Department?

 Yes  No

If yes, complete the following Self-Certification Form that the housing element is in procedural compliance with State Housing Element Law.











HOUSING ELEMENT- Self-certification:

“I, ____________________________________________, THE CITY ATTORNEY, COUNTY COUNSEL, CHIEF EXECUTIVE OFFICER, PLANNING DIRECTOR, OR CONTRACT PLANNER DESIGNATED BY THE GOVERNING BODY FOR THE CITY/COUNTY OF __________________________________, HAVE REVIEWED THE UPDATED HOUSING ELEMENT OF (NAME OF JURISDICTION)_____________________________________, AND HEREBY CERTIFY THAT THIS HOUSING ELEMENT, WHICH INCLUDES UPDATED INFORMATION AND WHICH CONFORMS WITH ALL OTHER REQUIREMENTS OF ARTICLE 10.6 (BEGINNING WITH SECTION 65580) OF CHAPTER 3 OF DIVISION 1 OF TITLE 7 OF THE GOVERNMENT CODE, HAS BEEN PREPARED AND WAS SUBMITTED TO THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ON __________________, 20_____. THE UPDATED HOUSING ELEMENT WAS ADOPTED ON _______________________, 20_____ AND IS IN CONFORMITY WITH ALL REQUIREMENTS OF ARTICLE 10.6 ET SEQ.”
___________________________ ______________________
Printed Name Title
___________________________ ______________________
Signature Date

























ACTIVITY DESCRIPTION

A. Describe and provide back-up documentation for how the city or county meets the definition of a “housing rich” community. “Housing rich” is defined as less than 1.5 jobs per housing unit. (Above 1.5 jobs rich, below 1.5 housing rich).

1. Jobs / housing units: .92 / 1
2. Describe how these figures where obtained. Brentwood was not included in the EDD Labor Market Information. The .92 / 1 ratio was determined using the following information. 

 The 6,005 housing unit count used to calculate the ratio is contained in the Demographic Analysis Report completed by Derrigo Demographic Studies in April 2000. (attached)

 The 5,540 job count used to calculate the ratio is contained in Projections 2000 published by ABAG in December 1999. (attached)

Since the two sources were completed during the same basic time period I believe the ratio to be accurate. 

B. Complete the appropriate section for the proposed activity: Choose One

3. Preparation of an Economic Development Strategic Plan and creation of an Economic Development team and implementation of marketing strategy targeting businesses that may choose to locate jobs within the community. *

* Note: funds for outreach will not be released until the Plan has been submitted to the Department and approved.

Describe tasks: (attach additional pages if necessary).

1. ($6,580) Revise the Economic Development Strategic Plan (EDSP) in progress to specifically conform to the JHBIP format. It is anticipated that the EDSP will be presented to the City Council March 13, 2001. 

2. ($25,040) Prepare a Graphic Design Summary of the EDSP for use in brochures, advertisements, direct mailing and on our ED web page.

3. ($26,800) Conduct a print advertisement campaign in publications such as East Bay Business Times, 680 Business Journal and San Jose Business Journal.

4. ($19,960) Identify target companies for recruitment through analysis of SIC categories with reference to the strengths and weaknesses identified in the EDSP.







5. ($13,980) Conduct a direct mail campaign to the target companies.

6. ($13,440) Conduct a campaign to personally visit target companies utilizing City Staff resources as well as City Council members and the local business community.

7. ($5,311) Participate in activities with other jurisdictions to define and promote the economic strengths in the region as defined by East Contra Costa County.




ACTIVITY BUDGET
Activity: _______________________

Activity City/County Staff Hours Consultant Hours 
Task Cost Task Cost 

Tasks 
# of Hrs 
Hrly Rate JHBIP
Portion Cash Match 
# of Hrs 
Hrly Rate JHBIP
Portion Cash Match Other Sources Total
Cost
1. $ $ $ $ $ $
2. $ $ $ $ $ $
3. $ $ $ $ $ $
4. $ $ $ $ $ $
5. $ $ $ $ $ $
6. $ $ $ $ $ $
7. $ $ $ $ $ $
8. $ $ $ $ $ $
9. $ $ $ $ $ $
10. $ $ $ $ $ $
11. $ $ $ $ $ $
12. $ $ $ $ $ $
13. $ $ $ $ $ $
14. $ $ $ $ $ $
15. $ $ $ $ $ $

Totals $ $ $ $ $ $


Schedule 3 - Tasks/Milestones
Year One Year Two
TASKS/MILESTONES Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 5 Qtr 6 Qtr 7 Qtr 8


























RESOLUTION OF THE GOVERNING BODY (SAMPLE)

An application for the State JHBIP Economic Development Planning Program is to include, at minimum, the following information in a resolution. Applicants have the option to include any additional pertinent information. The Resolution must be certified.

RESOLUTION NO.

A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE JOBS/HOUSING BALANCE IMPROVEMENT PROGRAM, ECONOMIC DEVELOPMENT PLANNING ALLOCATION.

BE IT RESOLVED by the (City Council/County Board of Supervisors) of the (City/County) 
of as follows:

SECTION 1.

The City Council has reviewed and hereby approves an application for up to:

(list activity title and dollar amount)

SECTION 2.

The City Council hereby approves the use of (Source of funds) 
in the amount of $ to be used as the City's Cash Match for this project.

SECTION 3.

The (title of designated official[s])___________________ is hereby authorized and directed to act on the City's behalf in all matters pertaining to this application.

SECTION 4.

If the application is approved, the (title of designated official[s])_________________ is authorized to enter into and sign the grant agreement and any subsequent amendments with the State of California for the purposes of this grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of 
held on by the following vote:

AYES: NOES:

ABSENT:


Name and Title
City Council/Board of Supervisors

STATE OF CALIFORNIA
City/County of ________________

I, __________________, City/County Clerk of the City/County of ________________, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council/Board of Supervisors on this ___ day of _______, 19____.

__________________________________________
Name, City/County Clerk of the City/County of _____________, State of California


By: _______________________________________
Name, Title





































Representative Counties (and cities within these counties)


James Bishop 
(916) 327-3582 Fresno, Imperial, Inyo, Kern, Kings, Los Angeles, Madera,
Mariposa, Merced, Mono, Monterey, Orange, Riverside, San Benito, Santa Barbara, San Bernandino, Santa Cruz, San Diego, San Luis Obisop, San Mateo, Tulare, and Ventura


Jack Mahan 
(916) 323-9714 Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin,
Mendocino, Napa, Sacramento, San Joaquin, San Francisco, Santa Clara, Siskiyou, Solano, Sonoma, Trinity, and Yolo


Janet Myles 
(916) 322-0877 Alpine, Amador, Calaveras, El Dorado, Nevada, Placer,
Stanislaus, Sutter, Tuolumne, and Yuba


Sinetta T. Farley 
(916) 327-2856 Butte, Colusa, Glenn, Lassen, Modoc, Plumas, Shasta,
Sierra, and Tehama

Exhibit D


Manufacturing Attraction Strategic Plan





Proposal for:

City of Brentwood








Presented by:
Manex


Schedule A
Agreement For Services
By and Between
Manex
and City of Brentwood


Project Title: Manufacturing Attraction Strategic Plan
Project Description
Manex will engage Ajit Gokhale and his associates (see attached bios) to assist Manex and the City of Brentwood develop an effective and actionable strategy to attract manufacturers and other companies to the city or its immediate vicinity. We propose to research, examine, and provide specific recommendations to assist the city with its ongoing business attraction campaign, as specified in the Scope of Work document. 


Approach and Methodology

Our overall plan is as shown in the milestone chart. 

Kickoff Meeting

We propose to have a kickoff meeting with all the stakeholders to launch this project. The stakeholders will be selected in consultation with the Brentwood EDD staff and may include EDD staff, selected council members, local industry representatives and others as appropriate. The purpose of the meeting is to explain the overall project and solicit cooperation and participation for successfully achieving the project goal. Our initial work will start even before the kickoff meeting working with EDD staff.

General Approach

We plan to start with the SWOT analysis (task 2 in the Scope of Work). We believe that understanding the true competitive advantages is an important first task before recommending industrial sectors using SIC codes and specific companies (task1 in the Scope of Work). If there are inconsistencies between the desires of Brentwood in attracting certain industries on one hand and its true competitive advantages on the other hand, then these need to be resolved up front. We will need the active participation and help from Brentwood EDD staff to put together an effective stakeholder group. We envision this project as a joint effort between us and the stakeholders.

Several tasks will be done in parallel and many tasks overlap each other in time. The overall milestone chart is self explanatory. We plan to use interviews and targeted discussions with key Brentwood EDD individuals and appropriate members from the city council, focus groups and other stakeholders. 

SWOT Analysis

We will perform the Strengths, Weaknesses, Opportunities and Threats analysis that will lead us to identify and focus on appropriate industries for the attraction campaign.

Industrial Sectors Analysis

In order to determine the most valuable industries for Brentwood we will breakdown potential industries by infrastructure needs on one side and skill/educational requirements for the employees on the other. We will do research from the available data bases of manufacturers in the Greater Bay Area.

Survey

We will develop the survey questions based on the SWOT and SIC code analysis. We will subcontract the actual survey work and our price includes the estimated cost of the survey.

Final Report

The final report will summarize the key findings and recommendations.

Critical Success Factors

Access and Participation: We will need access to data bases related to demographics etc., which might be available at EDD or City of Brentwood. We also need access to and full participation from stakeholders such as Brentwood EDD staff, Council members, focus groups etc.

Milestones: If any activities dependent on action by others take longer than planned then the overall project may slip.

Scope: Based on reading of the Scope of Work and interpretations offered our proposal is based on an estimate of 360 hours of consulting time and approximately $9,000 for the survey. If we conclude after completing one or two initial tasks that based on our findings, the overall project scope needs to be altered significantly, then we will approach the City of Brentwood to find a mutually acceptable “win-win” solution. 

Project Schedule and Milestones

Milestones
The schedule includes a contingency period of 2 weeks to cover any unforeseen delays. Please see the next page for the milestone chart.

Milestones for Brentwood Manufacturing Attraction Strategic Plan


PROJECT KEY 
A. Kickoff meeting 
B. Conduct SWOT analysis to identify Brentwood’s competitive advantage and differentiators.
C. Recommend industrial sectors and specific companies for initial attraction campaign and assist with initial contacts of targeted companies of targeted companies.
D. Assist in the development and implementation of a Bay Area manufacturing survey targeting firms within selected industrial sectors. Survey will be done by a subcontractor.
E. Identify and package various business incentives available to manufacturers seeking to relocate to Brentwood.
F. Identify, recommend and assist in the development of marketing strategy and tools.
G. Submit final report
H. Contingency period 

Investment
Consulting Fees: $36,000 (Includes meetings, interviews, research, support, incidentals)

Survey: $9,000


Project Total Investment: $45,000
Payment Schedule
The following payment schedule will be implemented for this project. 

Description
Amount
1. Project mobilization
2. Completion of Tasks A & B
3. Completion of Task C
4. Completion of Task D
5. Completion of Tasks E, F, & G

Total Payments $9,000
$9,000
$8,000
$10,000
$ 9,000

$45,000



AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES


This Agreement, made and entered into this 11th day of March 2003, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, hereinafter referred to as “CITY”, and The Corporation for Manufacturing Excellence, a not-for-profit corporation existing under the laws of the State of California, with offices at 48001 Fremont Blvd. Fremont, CA 94538, hereinafter referred to as “MANEX”.

RECITALS

A. CITY desires certain professional services hereinafter described.

B. CITY desires to engage MANEX to provide these services by reason of its qualifications and experience for performing such services and MANEX has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services to be performed by MANEX under this agreement is as described in MANEX’s proposal, attached hereto as Exhibit A and made a part hereof.

SECTION 2 – DUTIES OF MANEX

MANEX shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by MANEX under this agreement. MANEX shall, without additional compensation, correct or revise any errors or deficiencies in its work.

MANEX represents that it is qualified to furnish the services described under this agreement.

MANEX shall be responsible for employing or engaging all persons necessary to perform the services of MANEX.

It is understood that Mr. Ajit Gikhale will be the designated representative providing services to the City and this designated representative shall not be replaced without the City’s approval.


SECTION 3 – DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by MANEX and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of MANEX’S work.

SECTION 4 – TERM

The services to be performed under this agreement shall commence on March 17, 2003 and be completed no later than on July 18, 2003, as set forth in Exhibit A.

SECTION 5 – PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay MANEX a fee not to exceed $45,000 which represents the proposed fee as described in Schedule A. Project Mobilization payment of $9,000 shall be due upon signing of this agreement, and the remaining balance shall be due according to the payment schedule as detailed in Schedule A.

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this agreement or suspend work on the Project for any reason upon ten (10) days’ written notice to MANEX. MANEX agrees to cease all work under this agreement upon receipt of said written notice.

Upon termination and upon CITY’S payment of the amount required to be paid, documents become the property of CITY, and MANEX shall transfer them to CITY upon request without additional compensation. Upon termination or expiration of this agreement, the obligations of the parties shall cease, save and except from those provided under Sections 7,8,10, 11, 12, 13, and 14.

SECTION 7 – OWNERSHIP OF DOCUMENTS

All documents prepared by MANEX in the performance of this agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.



SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by MANEX in connection with the performance of this agreement are confidential until released by CITY to the public. MANEX shall not make any such documents or information available to any individual or organization not employed by MANEX or CITY without the written consent of CITY before any such release.

SECTION 9 – INTEREST OF MANEX

MANEX covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this agreement.


SECTION 10– INDEMNITY

MANEX agrees to hold harmless and indemnify CITY, its officers and employees from and against any and all claims, loss, liability, damage, and expense arising from the negligent, or claimed negligent, performance of this agreement by MANEX, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of CITY, its officers or employees. MANEX agrees to defend CITY, its officers or employees against any such claims. This provision does not apply to claims, loss, liability or damage or expense arising from the sole negligence, willful misconduct, or active negligence of CITY.

SECTION 11 – INSURANCE

MANEX shall provide and maintain:
A. Commercial General Liability Insurance, occurrence form, with a limit of not less than $1,000,000 each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two (2) times the occurrence limit.
B. Automobile Liability Insurance, occurrence form, with a limit of not less than $500,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.
C. No need for errors and omission for this contract or limit to the value of the contract.
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for all insurance. All insurance shall:
a. Include the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insureds with respect to this Agreement and the performance of services in this Agreement. The coverage shall contain no special limitations on the scope of its protection to the above-designated insureds.
b. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.
c. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.

SECTION 12 - RELIANCE UPON PROFESSIONAL SKILL OF MANEX

It is mutually understood and agreed by and between the parties hereto that MANEX is skilled in the professional calling necessary to perform the work agreed to be done under this agreement and that CITY relies upon the skill of MANEX to do and perform the work in the most skillful manner, and MANEX agrees to thus perform the work. The acceptance of MANEX'S work by CITY does not operate as a release of MANEX from said obligation.


SECTION 13 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money, which may become due hereunder shall not be deeded to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement of any applicable law or ordinance.



SECTION 14 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the agreement. The above $5000 limit is the total of attorneys’ fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this agreement that neither party shall have to pay the other more than $5000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 15 - NON-DISCRIMINATION

MANEX warrants that is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither MANEX nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 16 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 17 - ARBITRATION

After mediation above, and upon agreement of the parties, any dispute or claim arising out of or relating to this agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties.

SECTION 18 - LITIGATION

MANEX shall testify at CITY'S request if litigation is brought against CITY in connection with MANEX'S services under this agreement. Unless the action is brought by MANEX, or is based upon MANEX'S wrongdoing, CITY shall compensate MANEX for preparation for testimony, testimony, and travel at MANEX'S standard hourly rates at the time of actual testimony.


SECTION 19 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:




To CITY: City of Brentwood
150 City Park Way
Brentwood, CA 94513

To MANEX: Manex
48001 Fremont Blvd. 
Fremont, CA 94538



SECTION 20 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMEDMENT

This document represents the entire and integrated agreement between CITY and MANEX and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and MANEX

SECTION 21 – GOVERNING LAW

This agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, CITY and MANEX have executed this agreement the day and year first above written.

City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov