CITY COUNCIL AGENDA ITEM
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
Submitted by: Howard Sword, Economic Development Director
Approved by: John Stevenson, City Manager
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
and develop a detailed Communication and Public Relations Plan.
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
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.
The $40,000 will be funded by the Economic Development department fund
100-1204-70240, Contractual Services.
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”.
A. CITY desires certain professional consultant services hereinafter
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
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,
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
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
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
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
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
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
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
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
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
APPROVED AS TO FORM:
Dennis Beougher, City Attorney
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
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
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
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.