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CITY COUNCIL AGENDA ITEM NO. 10

Meeting Date: January 27, 2004

Subject/Title: Authorize the City Manager to execute a Professional Services Agreement in an amount not to exceed $40,000 with CBIZ Marketing Services Group.

Submitted by: Howard Sword, Economic Development Director

Approved by: John Stevenson, City Manager

RECOMMENDATION

Authorize the City Manager to execute a professional services agreement in an amount not to
exceed $40,000 with CBIZ Marketing Services Group to prepare Phase 1 marketing research
and develop a detailed Communication and Public Relations Plan.

PREVIOUS ACTION

None.

BACKGROUND

Communications and public relations are critical components in the success of public, as well as private, organizations. Often these activities are effectively conducted on an informal basis when organizations and audiences are small and relationships relatively simple. This is how the City of Brentwood has operated for most of its existence. A few years ago, however, more sophisticated communications and public relations became necessary. The first instances of this that come to mind involved communicating road and other infrastructure construction schedules to our residents to help ease the inconveniences that these projects were causing them.

The subjects needing public communications have increased both in complexity and frequency as the City grows and becomes more proactively involved in regional, economic development and community issues. Staff has responded to these needs on a case by case basis and produced some excellent pieces using print, audio and video media. The Chamber of Commerce, in partnership with the City in some cases, has also conducted many excellent public relation and institutional advertisement efforts using print, radio and physical signage media. These efforts are to be appreciated and applauded.

Unfortunately most of these public relations and marketing efforts have been stand alone communication pieces that have not provided a consistent image or message. Professionals in the communications business collectively recommend that effective public relations programs must convey a consistent image and message to be successful. Discussions between the City’s Administration and Economic Development Departments in conjunction with the Chamber of Commerce led to the conclusion that retaining a professional public relations firm to assist in the development of a master plan to coordinate these types of efforts would result in more consistent, coordinated and successful communication for the City.
Staff researched and identified six northern California public relations firms that had successfully worked for public sector organizations and sent them Requests for Qualifications (RFQs). Representatives from the City’s Administration and Economic Development Departments and the Chamber of Commerce reviewed the RFQs and chose two firms to be interviewed. CBIZ, located in San Jose, was the unanimous choice following the interview process.

The Communication and Public Relations Plan will focus on the following three primary audiences.

• Brentwood Residents. The focus for this audience is to both understand our residents’ concerns regarding city services and community issues and communicate how the City is responding to those concerns.

• Economic Development. The focus for this audience is the retention and expansion of existing business and the attraction of new business. The Plan will be very helpful in the coordination of the Chamber of Commerce and the City’s marketing and institutional advertising efforts.

• Regional Public Governments and Agencies. The focus for this audience is both to understand the perceptions of Brentwood by other regional groups and to communicate the true and accurate facts about Brentwood to them.

The development of the Communication and Public Relations Plan will rely primarily on research about our community and the subject audiences. Interviews and focus groups will provide the basic foundation for this research. The Plan will include recommendations regarding the substance of both image and message. The Plan will also include potential media that could be used in its conveyance as well as budget considerations of various types of media and its corresponding effectiveness.

FISCAL IMPACT

The $40,000 will be funded by the Economic Development department fund 100-1204-70240, Contractual Services.

ATTACHMENTS

Professional Services Agreement
Exhibit A – CBIZ Scope of Services












AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES
OF CBIZ MARKETING SERVICES GROUP

This Agreement, made and entered into this 28th day of January, 2004, by and between the CITY OF BRENTWOOD municipal corporation existing under the laws of the State of California, hereinafter referred to as “CITY”, and CBIZ Marketing Services Group, located at 84 S. First Street, 3rd Floor, San Jose, California, hereinafter referred to as CONSULTANT”.

RECITALS

A. CITY desires certain professional consultant services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these services by reason of its qualifications and experience for performing such services and CONSULTANT 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 CONSULTANT under this agreement is for professional services to provide “Phase 1” marketing research to develop a detailed Marketing Plan document, as may be required by the CITY.

SECTION 2 – DUTIES OF CONSULTANT

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

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

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

It is understood that Mark Waxman, Senior Vice President National Marketing, CBIZ Marketing Services Group 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 CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT’S work.
SECTION 4 – TERM

The services to be performed under this agreement shall commence on
February 1, 2004 and be completed 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. The CITY shall pay the CONSULTANT with the rates set forth in Exhibit “A” not to exceed forty thousand dollars and no cents ($40,000.00).

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 CONSULTANT. CONSULTANT 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 CONSULTANT 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, 14, 15, and 16.

SECTION 7 – OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT 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. Use of the instruments of professional service by City for other than the project, is at CITY’S sole risk without legal liability or exposure to CONSULTANT.

SECTION 8 - CONFIDENTIALITY

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

SECTION 9 – INTEREST OF CONSULTANT

CONSULTANT 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 – CONSULTANT’S STATUS

It is expressly agreed that in the performance of the professional services required under this agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this agreement.

SECTION 11 – INDEMNITY

CONSULTANT, in the performance of professional services, under this Agreement shall indemnify, defend, and hold harmless CITY, its directors, officers, employees and agents from any claim, loss, injury, damage, and expense and liability to the extent arising out of the negligence, errors, omissions, or wrongful acts of CONSULTANT, its employees, subcontractors, or agents. For liability for other liability arising out of professional services, CONSULTANT shall indemnify, defend, and hold harmless, CITY, its directors, officers, employees, and agents from any loss, injury, damage, and expense and liability resulting from injury to or death of any person and loss of or damage to property, or claim of such injury, death, loss or damage, caused by an act or omission in the performance under this Agreement by CONSULTANT, its employees, subcontractors, or agents, except for any loss, injury, or damage caused by the active negligence or willful misconduct of personnel employed by CITY.

SECTION 12 – INSURANCE

The CONSULTANT 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. Errors and omissions insurance in the minimum amount of $1,000,000.00 aggregate.
D. Workers Compensation in at least the minimum statutory limits.
E. General Provisions for all insurance. All insurance shall:
1. 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 except for Workers Compensation and errors and omissions insurance.
2. Be primary with respect to any insurance or self-insurance programs of City, its officers, employees, and volunteers.
3. Be evidenced, prior to commencement of services, by properly executed policy endorsements in addition to a certificate of insurance.
4. No changes in insurance may be made without the written approval of the City Attorney's Office.

SECTION 13 - NONASSIGNABILITY

Personal Services of Consultant: Both parities hereto recognize that this agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL SKILL OF CONSULTANT

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

SECTION 15 - 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 16 - 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 17 - NON-DISCRIMINATION

CONSULTANT warrants that is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT 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 18 - 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 19 - 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 20 - LITIGATION

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

SECTION 21 - 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 CONSULTANT: CBIZ Marketing Services Group
84 S. First Street, 3rd Floor
San Jose, California 95113

SECTION 22 – AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMEDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT 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 CONSULTANT

SECTION 23 – GOVERNING LAW

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

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


CITY OF BRENTWOOD CBIZ MARKETING SERVICES GROUP

____________________ _______________________
JOHN STEVENSON, CITY MANAGER MARK WAXMAN,
SENIOR VICE PRESIDENT
NATIONAL MARKETING

APPROVED AS TO FORM:

__________________________
Dennis Beougher, City Attorney

EXHIBIT A

Scope of Marketing for Phase One
City of Brentwood


January 12, 2004

Based on CBIZ discussions with City of Brentwood on January 5, 2004, the following is a summary of the agreed upon scope of work for the City’s “Phase One” Marketing Program:


MARKETING ASSESSMENT: $40,000

CBIZ will rely on the City of Brentwood to arrange interviews and focus groups with key stakeholders, as determined jointly by the City and CBIZ.

General Goals & Objectives:

To determine the marketing strategies, messages and implementation tactics to be aimed at the following predetermined audiences:

1. City Officials & Brentwood Residents
2. Economic Development/Business Community
3. Outlying Regional Municipalities & Agencies

CBIZ’s Marketing Assessment methods and activities generally include, but may not be limited to the following, with respect to each of the targeted audiences:

City Officials & Brentwood Residents:

• One-on-one interviews (with City Council members and selected City departmental directors, especially to include Parks & Recreation and Public Safety departments; interviews with these directors should also reveal other persons or groups to involve in focus groups or interviews relevant to all aspects of a proposed marketing plan)
• Focus group (with residents from various segments of the community, to include young families, senior citizens, etc.)

CBIZ research will seek to determine perceptions and attitudes of those living in Brentwood, to identify and define marketing goals and objectives during interviews with departmental directors, and to explore the nature of the relationship between the City and its residents. Previous surveys have given indication that the majority Brentwood residents feel connected to, are involved with, and care about the community, as evidenced by a 32% rate of response. The current objective is to take advantage of this situation through implementation of effective two-way communication between the City and residents, and achieve the most positive relationship between the two.

Note: Based on results and findings from Phase One interviews and focus groups, CBIZ anticipates that a resident survey will developed, distributed and analyzed as part of Phase Two work for the City of Brentwood, under separate contract.

Economic Development/Business Community:

• One-on-one interviews or focus group (with selected property developers)
• Focus groups (with Chamber of Commerce officials, representatives from the Business and Industrial communities in selected SIC categories)

CBIZ research will seek to identify the unique benefits of doing business in Brentwood, the most appropriate and viable business categories at which to aim marketing efforts, and the specific messages and tactics to reach these prospects. These determinations will be made with consideration to business retention and attraction (and with respect to first-time location, re-locations and expansions), for the intended purpose of increasing business activity within Brentwood.

Outlying Regional Municipalities & Agencies:

• One-on-one interviews or focus groups (with officials of outlying cities)
• Focus groups (with the Contra Costa Council and the Contra Costa Economic Partnership)

CBIZ research will seek to reveal perceptions and attitudes about Brentwood held by the municipal and regional agency representatives from the outlying central and west county communities such as Pittsburg, Antioch, Martinez, San Ramon, Walnut Creek and Concord. The goal of CBIZ research with these groups is determine the “real” issues between Brentwood and these outlying communities, and what is the source of “friction”, if any (ie., political, economic, etc). Using this knowledge, CBIZ will design communications programs to change negative perceptions and attitudes, in order to reduce any possible competitive threats, and to build positive and healthy relationships with the City as it continues to emerge in the region.

Phase One Marketing “deliverable”:

Overall, the results and findings of CBIZ research will be used to determine the highest priorities for the City of Brentwood, and the appropriate communications strategies and action plans to address these priorities.

As the final deliverable of Phase One marketing for City of Brentwood, CBIZ will develop a detailed Marketing Plan document, which will identify goals and objectives, all relevant target audiences, key messages, and an integrated strategy for message distribution to the identified audiences.

It is anticipated that CBIZ research and development of the written marketing recommendations will be completed within 8-12 weeks, depending on availability and scheduling of focus group participants and interviewees, as well as timeliness of obtaining any pre-existing research and other reference materials needed to complete our full set of recommendations.

 

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