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CITY COUNCIL AGENDA ITEM NO. 22

Meeting Date: December 13, 2005

Subject/Title: Adopt a Resolution Approving, and Authorizing the City Manager to execute, a Professional Services Agreement with Gruen Gruen + Associates in an amount not to exceed $80,000 for the update of the Economic Development Strategic Action Plan.

Prepared by: Linda Maurer, Economic Development Manager

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
Approve, and authorize the City Manager to execute, a Professional Services Agreement with Gruen Gruen + Associates in an amount not to exceed $80,000 for the update of the Economic Development Strategic Action Plan.

PREVIOUS ACTION
On August 24, 1999, City Council approved a contract with Gruen Gruen + Associates to assist the City in the preparation of an Economic Development Action Plan.

BACKGROUND
For the past several years, City staff has been working with Gruen Gruen + Associates (GGA) on a number of projects related to economic development activities. In 1999, Staff commissioned GGA to help the City develop its Economic Development Action Plan. That Plan has served the City well during the past several years, as the City expanded its retail and commercial base. Many of the goals and objectives outlined in the earlier Plan have been realized and it is now time to update the strategic plan with a major focus on bringing career, non-retail jobs to Brentwood.

Working with City staff, GGA will help the City to identify and provide the following:
 The types of industrial and office uses that match the identified workforce skill set in Brentwood;
 The competitive advantages of each of the City’s job producing areas, including its job skills, amenities and tenure options;
 The types of businesses most likely to thrive in Brentwood and ways to modify city policies to ensure business growth and expansion; and
 A target forecast of jobs in Brentwood over the next 10 years, as well as the absorption of new development during that same period.

This Plan will help us shape of economic development policy for the next several years and will be the guiding document for our marketing activities to attract, retain and expand businesses in Brentwood.

FISCAL IMPACT
Funding for these services will be covered in the 2005/06 Planned Employment Center (PEC) funds, under its “Internal Use of Funds” category. This funding source received a unanimous approval from the Economic Development Subcommittee at its meeting held on October 20, 2005. The $80,000 amount requested is based on a proposal received by GGA for their professional services. This is a one-time charge. There is no offsetting revenue at this time. Staff does not foresee any future reduction of the costs to this project.

Attachments:
Resolution
Professional Services Agreement
Scope of Work

RESOLUTION NO.

APPROVE, AND AUTHORIZE THE CITY MANAGER TO EXECUTE, A PROFESSIONAL SERVICES AGREEMENT WITH GRUEN GRUEN + ASSOCIATES IN AN AMOUNT NOT TO EXCEED $80,000 FOR THE UPDATE OF THE ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN.

WHEREAS, on August 24, 1999, City Council approved a contract with Gruen Gruen + Associates to assist the City in the preparation of an Economic Development Action Plan;

WHEREAS, the Plan has served the City well during the past several years, as the City expanded its retail and commercial base;

WHEREAS, many of the goals and objectives outlined in the earlier Plan have been realized and it is now time to update the strategic plan with a major focus on bringing career, non-retail jobs to Brentwood;

WHEREAS, working with City staff, GGA will help the City to identify and provide the following:
• The types of industrial and office uses that match the identified workforce skill set in Brentwood;
• The competitive advantages of each of the City’s job producing areas, including its job skills, amenities and tenure options;
• The types of businesses most likely to thrive in Brentwood and ways to modify city policies to ensure business growth and expansion; and
• A target forecast of jobs in Brentwood over the next 10 years, as well as the absorption of new development during that same period; and

WHEREAS, this Plan will help us shape of economic development policy for the next several years and will be the guiding document for our marketing activities to attract, retain and expand businesses in Brentwood.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Brentwood hereby approves, and authorizes the City Manager to execute the agreement with Gruen Gruen + Associates in an amount not to exceed eighty thousand dollars ($80,000), for the update to the City’s Economic Development Strategic Action Plan.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 13th of December of 2005 by the following vote:

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT, made and entered into this 13th day of December, 2005 by and between the CITY OF BRENTWOOD, a municipal corporation existing under the laws of the State of California, hereinafter referred to as “City”, and Gruen Gruen +Associates, a California corporation, hereinafter referred to as "Consultant.”

RECITALS

A. City desires certain professional services in connection with the work referred to as the Economic Strategic Action Plan (the "Project").

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

C. Consultant represents that it is fully licensed and qualified with all professional skills necessary to perform the services described in this Agreement and has special expertise in the performance of marketing and economic research and analysis services for public agencies of similar scope and complexity as the Services to be performed under this Agreement.

NOW, THEREFORE, City and Consultant agree as follows:

SECTION 1 – SCOPE OF SERVICES

The scope of services subject to this agreement and to be performed by Consultant for the Project is described in Exhibit “A”, Scope of Services, attached hereto and incorporated herein.

SECTION 2 – CONSULTANT'S REPRESENTATIONS AND RESPONSIBILITIES

A. Consultant acknowledges that in entering into this agreement the City is relying upon Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice in the economic research and analysis for public projects of similar size, scope and complexity. Consultant agrees to perform the services in accordance with these standards. The acceptance of Consultant's services by City does not operate as a release of Consultant from these obligations.

B. Consultant accepts the relationship of trust and confidence established between it and City by this Agreement. Consultant shall use its best efforts, skill, judgment, and abilities to assist and work with City to perform the Services, to produce the necessary Economic Strategic Action Plan, and to further the interests of City in accordance with City's requirements and procedures, each in accordance with professional standards that apply to Consultant.

C. Consultant shall perform the Services in full compliance with applicable federal, state and local laws and regulations in effect at the time such services are rendered (collectively, "Applicable Laws").

D. Consultant shall be responsible for employing or engaging all persons necessary to perform the Services. All of Consultant's staff shall be qualified by training and experience to perform their assigned tasks. Consultant shall give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and sub-Consultants, if any, and shall keep the Services under its control. If any employee or sub-Consultant of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she shall be discharged immediately from the work under this Agreement on demand of City.

E. Consultant's services are unique and personal. Consultant shall not assign or transfer any of its interest or obligation under this Agreement without the City's written consent. Consultant shall not subcontract its duties under this Agreement without the City's written consent.

SECTION 3 - INDEPENDENT CONTRACTOR

The services to be provided to the City as set forth in this Agreement shall be provided by Consultant as an independent contractor as defined in Labor Code 3353, under the control of the City as to the result of the work but not the means by which the result is accomplished, and nothing herein contained shall be construed to make Consultant an agent or employee of the City while providing these services. Consultant shall be entitled to no other benefits or compensation except as provided in this Agreement.

SECTION 4 - DUTIES OF CONSULTANT

A. Consultant's Services shall be furnished as described below and as more particularly described in Exhibit “A”, Scope of Services. Any changes in the Scope of Services must be approved in advance, in writing, by the City Manager or her designee, or if verbally requested by City, confirmed in writing by Consultant within five (5) working days.

B. Consultant shall be responsible for the professional quality, technical accuracy and coordination of all Services. Consultant shall, without additional compensation, correct or revise any errors or deficiencies in its Services.

C. Consultant shall furnish City with every reasonable opportunity for City to ascertain that the Services are being performed in accordance with the requirement and intentions of this Agreement.

SECTION 5 - TERM, PROGRESS AND COMPLETION

A. The term of this Agreement shall begin on December 13, 2005 and shall expire upon completion of the Services.

B. Consultant shall promptly commence performance of the Services upon execution of this Agreement, and shall diligently pursue performance of the Services until completion.


SECTION 6 - PAYMENT

A. 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 $80,000.

B. Consultant shall submit payment requests in a form satisfactory to City on or before the first day of each month. The payment applications shall identify each person performing services, the time each person spends on each task (in units not to exceed one quarter hour) and shall be based on the rates in Exhibit “A”.

C. Within thirty (30) days after receipt of each invoice, City shall verify the payment and make payment to the Consultant in an amount equal to the invoice, as verified or corrected by City. No payment made hereunder prior to completion and acceptance of the Project shall be construed as evidence of acceptance of any part of the Services. City reserves the right to withhold payment from Consultant on account of Services not performed satisfactorily, delays in Consultant's performance of Services, or other defaults hereunder. Consultant shall not stop or delay performance of Services under this Agreement on account of payment disputes with City.

D. If CITY disagrees with any portion of a billing, the CITY shall promptly notify Consultant of the disagreement, and the CITY and the Consultant shall attempt to resolve the disagreement. CITY’S payment of any amounts shall not constitute a waiver of any disagreement and CITY shall promptly pay all amounts not in dispute.

E. Consultant shall maintain complete and accurate records of the number of hours worked by persons on the Project. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identified and readily accessible. CITY shall have the right to examine and copy such books and records at all times. Consultant shall permit the CITY to examine and audit those books and records, shall permit the CITY to make copies of those books and records, and shall permit the CITY to inspect all work data, documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment under this Agreement. All accounting records shall provide an understandable breakdown of costs charged to this Agreement.

SECTION 7 - CONFLICT OF INTEREST

Consultant understands that its professional responsibility is solely to City. Consultant warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this Agreement. Consultant shall not knowingly, and shall take reasonable steps to ensure that it does not, employ a person having such an interest in the performance of this Agreement. If after employment of a person, Consultant discovers that it has employed a person with a direct or indirect interest that would conflict with its performance of this Agreement, Consultant shall promptly disclose the relationship to the City and take such action as the City may direct to remedy the conflict.

SECTION 8 - TERMINATION

A. If Consultant at any time refuses or neglects to prosecute its Services in a timely fashion or in accordance with the Project schedule, or is adjudicated a bankrupt, or commits any act of insolvency, or makes an assignment for the benefit of creditors without City's consent, or fails to make prompt payment to persons furnishing labor, equipment, or materials, or fails in any respect to properly and diligently prosecute its services, or otherwise fails to perform fully any and all of the agreements herein contained, Consultant shall be in default.

B. If Consultant fails to cure the default within seven (7) days after written notice thereof, City may, at its sole option, take possession of any Documents or other materials (in paper and electronic form) prepared or used by Consultant in connection with the Project and (1) provide any such work, labor, or materials as may be necessary to overcome the default and deduct the cost thereof from any money then due or thereafter to become due to Consultant under this Agreement; or (2) terminate Consultant's right to proceed with this Agreement.

C. In the event City elects to terminate, City shall have the right to immediate possession of all Documents and work in progress prepared by Consultant, whether located at the Project, at Consultant's place of business, or at the offices of a sub consultant, and may employ any other person or persons to finish the design work and provide the materials therefor. In case of such default termination, Consultant shall not be entitled to receive any further payment under this Agreement until the Project is completely finished. At that time, if the unpaid balance of the amount to be paid under this Agreement exceeds the expenses incurred by City in obtaining marketing and economic research services for the Project, such excess shall be paid by City to Consultant, but, if such expense shall exceed such unpaid balance, then Consultant shall promptly pay to City the amount by which such expense exceeds such unpaid balance. The expense referred to in the last sentence shall include expenses incurred by City in causing the services called for under this Agreement to be provided by others, for attorneys' fees, and for any costs or damages sustained by City by reason of Consultant's default or defective work.

D. In addition to the foregoing right to terminate for default, City reserves the absolute right to terminate this Agreement without cause, upon 72-hours' written notice to Consultant. In the event of termination without cause, Consultant shall be entitled to payment in an amount not to exceed the Maximum Contract Amount, which is Payment for Services then satisfactorily completed and accepted by City, as approved by City. The amount of any payment made to Consultant prior to the date of termination of this Agreement shall be deducted from the amounts described above. Consultant shall not be entitled to any claim or lien against City or the Project for any additional compensation or damages in the event of such termination and payment. In addition, the City's right to withhold funds under Section 6(C) shall be applicable in the event of a termination for convenience.

E. If this Agreement is terminated by City for default and it is later determined that the default termination was wrongful, such termination automatically shall be converted to and treated as a termination for convenience under this Article and Consultant shall be entitled to receive only the amounts payable hereunder in the event of a termination for convenience.

SECTION 9- OWNERSHIP OF DOCUMENTS

A. The plans, specifications, estimates, programs, reports, models, and other material prepared by or on behalf of Consultant under this Agreement including all drafts and working documents, and including electronic and paper forms (collectively the "Documents"), shall be and remain the property of the City, whether the Services or Project is completed or not. Consultant shall deliver all Documents to City upon (1) the substantial completion date of the Services, (2) the date of termination of this Agreement for any reason, or (3) at any time requested by City, upon five (5) days written notice.

B. The Documents may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another Consultant to use, such documents, CITY agrees to hold Consultant harmless from any and all liability, costs, and expenses (including reasonable legal fees and disbursements), relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Documents. Consultant shall not be responsible for deficiencies solely attributable to modifications to the Documents performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Documents.

C. All reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential until released by the City to the public, and the Consultant shall not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

SECTION 10 – INDEMNITY

A. Claims for Professional Liability – Consultant shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against any and all claims, liability, loss, damage, costs, or expenses, including reasonable attorneys' fees, awards, fines, or judgments (collectively, "Claims"), arising from or relating to negligent acts, errors, or omissions in the performance of professional services by Consultant, its sub consultants, agents or employees. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.

B. Claims for Other Liability – Consultant shall, with respect to all Services performed in connection with this Agreement, defend, indemnify, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers harmless from and against any and all liens and Claims by firms or individuals claiming through Consultant, and all Claims for compensation, the death or bodily injury to persons, injury to property, or other loss, damage, or expense arising from or related to the Services of Consultant , its subcontractors, agents or employees. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.

C. Claims involving intellectual property - In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City of Brentwood, its elected and appointed officers, employees, and volunteers, harmless against any Claim is alleged in which a violation of intellectual property rights, including but not limited to copyright or patent rights, that arises out of or relates to the Services of Consultant, its subcontractors, agents or employees. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees.

SECTION 11 – INSURANCE

A. Consultant shall, at all times it is performing Services under this Agreement, provide and maintain insurance in the following types and with limits no less than the following amounts:

1. Commercial General Liability Insurance, occurrence form, with a limit of not less than $2,000,000 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;

2. Automobile Liability Insurance, occurrence form, with a limit of not less than $1,000,000.00 each occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles.

3. Workers Compensation in at least the minimum statutory limits.

4. Employers Liability Insurance, with minimum limits of $1 million per occurrence.

B. General Provisions:

1. Consultant's general and automobile liability insurance policies shall be endorsed to name the City of Brentwood, its elected and appointed officers, employees, and volunteers as additional insured 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 insured except for Workers Compensation and errors and omissions insurance.

2. Consultant's general and automobile liability insurance policies shall be endorsed so that they are primary with respect to any insurance or self-insurance programs of CITY, its officers, employees, and volunteers.

3. Before performing any services under this Agreement, Consultant shall provide evidence of the required coverage and limits, and properly executed policy endorsements satisfactory to City.

4. No changes in insurance may be made without the written approval of the City.

SECTION 12 - 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 deemed 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 13 - COSTS AND ATTORNEYS FEES

Attorney fees in an amount not exceeding Eighty Five Dollars ($85.00) per hour per attorney, and in total amount not exceeding Five Thousand Dollars ($5,000.00), 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 $5,000 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 $5,000 for attorneys’ fees arising out of an action, or actions to enforce the provisions of this agreement.

SECTION 14 - NON-DISCRIMINATION

Consultant warrants that it 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 15 - MEDIATION

Should any dispute arise out of this Agreement, either party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. 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 requesting 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 16 - 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 actual or alleged negligence or other wrongdoing, City shall compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

SECTION 17 - 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: Gruen Gruen + Associates
564 Howard Street
San Francisco, CA 94105

SECTION 18 – AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT

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.

All Exhibits referenced in or attached to this Agreement are incorporated herein by this reference.

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SECTION 19 – 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 CONSULTANT

________________________________ _____________________________
DONNA LANDEROS, City Manager
Title: ______________________

ATTEST:

________________________________
Margaret Wimberly, City Clerk

APPROVED AS TO FORM:

________________________________
Damien B. Brower, City Attorney

EXHIBIT "A"

SCOPE OF SERVICES

September 14, 2005

Linda Maurer Economic Development Manager City of Brentwood 101 Sand Creek Rd. Brentwood, CA 94513 Dear Ms. Maurer:

Background and Purpose

Gruen Gruen + Associates (GG+A) is pleased to submit this proposal to prepare an updated strategic action plan for Brentwood’s continued economic development.

In 2000, the last year for which we had data for the analyses reported in GG+A’s July, 2001 Economic Development Strategic Action Plan, 7,070 households lived in Brentwood. Since then, the number of households has grown at an average annual rate of about 15 percent, to approximately 14,300.

In 2000, there were about 6,500 jobs in Brentwood. That number has grown at an average annual rate of 12 percent to approximately 11,600. As was expected, much of the job growth between 2000 and 2005 was in local- or regional-serving firms. As predicted in the 2001 analysis, the demand for retail goods and services has been particularly strong and will continue to grow, as will firms providing services for the population of the region. But if Brentwood’s future economic development efforts are to be as successful in the future as they have been during the last five years, economic development must focus most strongly on the growth of jobs serving basic demands that are exported outside the region.

The easy predictability of the growth in the demand for local or “non-basic” goods and services has attracted the development for firms serving these markets. For example, in 2000 Brentwood had approximately 377,000 square feet of retail space, some of which was obsolete. Currently, 1,900,000 square feet of retail space exists or is in the process of development. This is at about 75 percent of the retail space for which there is likely to be demand until the population of Brentwood reaches the level currently estimated to live in Brentwood at the build-out of the existing general plan. A much smaller proportion of the space that will be needed to “house” the potentially attractable “non-basic” serving workforce exists or has been planned or announced.

The research and analysis we propose to conduct in order to identify the economic development opportunities that pertain to Brentwood will consider all sectors. However, the research of the space and locational requirements most beneficial to firms expanding or locating for the first time in Brentwood will concentrate on firms in non-retail sectors. The major outputs of the work to be conducted by GG+A in conjunction with city staff and the skill set workforce survey being conducted by another contractor will include the following:

1. Identify the industrial and firm characteristics of likely sources for the expansion of jobs in Brentwood.

2. Describe the factors, including job skills sought, locational, development and tenure options whose availability in Brentwoood would work to enhance the competitive advantages of firms expanding and locating in Brentwood. Particular attention will be paid to identifying the building and other development characteristics that would increase the economically beneficial build out of the following areas:

• Highway 4 Bypass Busines Park – Located along both sides of Highway 4, south of Lone Tree Way, north of Sand Creek Road, east of Heindorn Ranch Road. (100 acres)
• SPA B – Approximately 50 acres (will be planned as a result of the eBART consultant.
• Harvest Park Business Center (Industrial/Flex Tech Park) (38 acres)
• John Muir-Brentwood Medical Center (Balfour and the Bypass)

3. Review and make suggestions concerning community development and planning policies in the light of what is learned about the kind of businesses most likely to thrive in Brentwood and the factors that would support such businesses.

4. Prepare a target forecast of jobs in Brentwood over the next ten years and estimate the amount of space likely to be absorbed in the next ten years if these targets are met.

5. Work with your staff and the staff of the Redevelopment Agency to implement actions and policies that will facilitate the achievement of economic development goals.

Scope of Services

In order to provide a rational basis for the outputs listed above, GG+A’s work will include the following tasks:

1. Based on data to be made available from Brentwood’s business license data system and the conversion of that data into NAICS categories, GG+A will categorize employment growth by sector and, to the extent made possible by the available data, conduct multiple regression trend and shift share analyses.

2. Review and comment on the survey of the skill set of the workforce in the region to be conducted by other contractor(s) to the city, and integrate the results of that survey into the analysis of job opportunities likely to be attracted to or expanded in Brentwood.

3. Draw on the business license and other data available to prepare a sample framework for a survey by:

a) Identifying the names and other characteristics of those businesses that moved out of Brentwood over the last 12-18 months. Categorize by number of employees, i.e. 1-5, 6-10, 11-25, 26-50, 51-100, 100+. Provide new locations and/or addresses if this information can be obtained.

b) Identifying names and addresses, as well as other characteristics, including number of employees of those businesses that have moved into Brentwood over the last 12-18 months.

c) Identifying the names and addresses of those companies that have undergone significant expansion over the last 12-18 months.

4. Construct a questionnaire for the three above groups to ascertain:

a) The nature of their business – whether the company is primarily a basic or non-basic entity.

b) Advantages and/or disadvantages of locating in Brentwood, including but not limited to the ease of obtaining the required labor base.

c) Preferred locations within Brentwood.

d) Future expectations for contraction or expansion of their labor base.

5. Distribute and return surveys. Use utility bills to distribute to those firms located in Brentwood. Mail questionnaires to those firms that have moved if their new addresses are known.

6. Analyze and synthesize data from surveys to identify the characteristics of those businesses most likely to locate and expand in Brentwood. Provide locational attributes within the City of Brentwood that would facilitate growth along the Bypass, Brentwood Blvd., the Triangle or Downtown.

7. Be available to work with the staffs of the Redevelopment Agency and your department to implement identified actions.

8. Combine the results of the research and analysis described above in order to prepare a report with the outputs described above under Background and Purpose.

Staff Responsibility

I will be in overall charge of this project for Gruen Gruen + Associates, working closely with Nina Gruen, Principal Sociologist, who will lead the survey work. Additional staff members with appropriate training and background who may be assigned to work on the project include Aaron Gruen, Principal, Avi Nagel, Research Assistant, and Michael Miller, Research Assistant. We understand that we should look to you for general direction and policy decisions on behalf of the City of Brentwood.

Cost

Our charges for professional services are based on the actual time devoted to your project by our personnel billed at standard rates. Expenses, such as for travel, communication and report reproduction, will be invoiced to you at their cost to us. Invoices will be submitted on a monthly basis and are payable upon receipt. The standard rates for all personnel except Nina Gruen and myself are listed below; the rates listed below for Nina Gruen and me are at discount from the standard rates.

GRUEN GRUEN + ASSOCIATES
BILLING RATES
(through December 31, 2005)

Staff Standard
Hourly
$
Dr. Claude Gruen, Principal Economist 300.00*
Nina Gruen, Principal Sociologist 300.00*
Aaron Gruen, Principal 180.00
Debra Jeans, Principal 170.00
Avi Nagel, Research Assistant 100.00
Michael Miller, Research Assistant 100.00

Support
Judy Lofton, Administrative Assistant 90.00

Interviewers and Coders Twice hourly rates

Testimony and Deposition Rate 25% over standard rate for deposition or court testimony with no split days
* The firm's two principals, Nina Gruen and Dr. Claude Gruen, discount their standard rate of $350 by $50 to $300 per hour for public sector or nonprofit clients.

For the work outlined above, we ask you set aside a budget not to exceed $80,000 without prior written approval.

Duration

We are prepared to start work in October. Contingent upon data availability and own schedules of time to work with us on issues that can best be resolved jointly, we anticipate that the final report will be completed six months after we start work.

Acceptance

We look forward to working with you on this project and will devote our best efforts to accomplishing the work outlined above. If this proposal is acceptable will you please sign and return the enclosed copy as authorization for us to proceed immediately.

Very truly yours,

GRUEN GRUEN + ASSOCIATES
A California Corporation

By ____________________________
Claude Gruen
Principal Economist

Accepted by

CITY OF BRENTWOOD

By ___________________________

Date ___________________
 

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