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HomeMy WebLinkAboutPR 15737: PHILLIPS PRODUCTIONS, INC., CONTRACTMemorandum. City of Port Arth ur, Texas Finance Department To: Steve Fitzgibbons, City Manager From: Rebecca Underhill, Assistant City Manag ist a 'on Date: February 18, 2010 Subject: Proposed Resolution 15737 In cooperation with the EDC and the Convention and Visitor's Bureau, the City desires to enter into an agreement with Phillips Productions, Inc. This company will provide public relations and marketing services. Their mission will be to present a united, focused message from the City to the public. This $78,000 annual agreement will be funded by the City of Port Arthur (General Fund), the Hotel Occupancy Tax Fund, and the EDC. The term .is one yeaz, with the option to renew for two additional years at the same rate. The EDC Boazd approved this project at their Februazy 8ei meeting. This agreement will be contingent upon the City Council's adoption of the Budget amendment ordinance, also presented on this agenda. P. R. NO.15737 ru -2-11-10 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PHILLIPS PRODUCTIONS, INC. FOR STRATEGIC PUBLIC RELATIONS AND INTEGRATED MARKETING COMMUNICATIONS WHEREAS, in partnership with the Port Arthur Convention and Visitor's Bureau and the Port Arthur 4A Economic Development Corporation, the City Council desires to enhance the Public Image of Port Arthur; and. WHEREAS, pursuant to Section 252.022 (4) of the Local. Government Code, this is a procurement for personal, professional or planning services and competitive bidding or proposals aze not required; and WHEREAS, Phillips Productions, Inc. has more than thirty years experience in this arena; and WHEREAS, the term of the agreement is one year, with one additional optional year; and WHEREAS, the agreement will be funded.l/3 from the General Fund of the City, 1/3 from the Hotel Occupancy Tax Fund, and 1/3 from the Port Arthur Section 4A Economic Development Corporation; and; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. The facts and opinions in the preamble aze true and correct. Section2. The City of Port Arthur EDC approved the funding and participation of this project at their Board meeting on February 8, 2010. Section 3. The City Manager is hereby authorized to execute an agreement with Phillips Productions, Inc. in substantially the same form as attached hereto as Exhibit 1. Section 4. That a copy of this Resolution be spread upon the minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of February, 2010, AD, at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote: AYES: Mayor: Councilmembers: ATTEST: Terri Hanks, Ciry Secretary APPROVED AS TO FORM: " v (/t~C Val Tizeno, Acting City APPROVED FOR ADMINISTRATION: Steve Fitzgibbons, City Manager ebecca Underhill, Assistant City Manager/Administration FOR THE PORT ARTHUR S~EC~TIO~N 4A ECONOMIC DEVELOPMENT CORPORATION Floyd Bati ,CEO Available funding pending approval of budget amendment Ordinance PO 6067 Deborah Echols, Finance Director Account Numbers (1/3 each) General Fund 001-1003-512.59-00 MI0103 Hotel Occupancy Tax Fund 140-1405-551.59-00 M10103 Port Arthur EDC 120-1429-582.54-00 M10103 THE STATE OF TEXAS § Exhibit. "A" COUNTY OF JEFFERSON § CONTRACT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into as of this day of February, A.D., 2010, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY° or the "OWNER") acting herein by its City Manager, duly authorized by Resolution on of the City Council, the City of Port Arthur and Phillips Productions, Inc. (hereinafter called the "CONSULTANT") acting Robert L. Phillips its President (Name and office or position) hereunto duly authorized: WITNESSETH THAT: WHEREAS, the CITY desires to engage the CONSULTANT (1) to render certain technical and professional services hereafter described in "Scope of Services° or (2) perform certain work hereafter described in "Scope of Services": NOW, THEREFORE, the Parties hereto do mutually agree as follows: 1. Em~lovment of CONSULTANT The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the "Scope of Services" hereinafter set forth. 2. SCOPE OF SERVICES Consulting services shall be provided as follows: A. BASIC SERVICES (a) Description of Work: CONSULTANT will perform the work described below: include the following services: SEE DESCRIPTION OF BASIC SERVICES ATTACHMENT "A^ (b) Compensation: Consultant's compensation for-Basic Services shall be as set forth in Paragraph 5. B. ADDITIONAL SERVICES (a) Description of Work: All work performed by CONSULTANT at request of OWNER which is not included in the Basic Services defined above, shall constitute Additional Services. Unless included in said Basic Services, Additional Services shall include: Feature writing, printing costs, video productions, still photography. b. Compensation: CONSULTANT'S compensation for Additional Services shall be negotiated and approved in advance, as necessary. 3. Time of Performance CONSULTANT will proceed immediately upon execution of this Contract with performance of the services called for under "Basic Services". CONSULTANT shall immediately submit to OWNER in writing evidence of delay satisfactory to the City Manager's reasonable discretion, upon. which an extension of time equal to the period of actual delay shall be granted in writing. 4. Information and Services to be Furnished CONSULTANT It is agreed that the CITY will furnish, without charge, for the use of the Contract, information, data, reports, records, and maps as are existing, available, and necessary for the carrying out of the work of the CONSULTANT as outlined under "Scope of Services". The CITY and its agencies will cooperate with the CONSULTANT in every way possible to facilitate the performance of the work described in this Contract. 5. Compensation and Method of Payment COMPENSATION CITY will pay CONSULTANT for work performed and services rendered under Paragraph 2 "Scope of Services", (Basic Services and Additional Services) at the following rates: $78,000 per year for the Basic Services described in Attachment "A". PAYMENT CONSULTANT will invoice OWNER monthly at $6,500. 6. Records CONSULTANT shall keep accurate records, including time sheets and travel vouchers, of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the CONSULTANT for a period of not less than five (5) years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. Ownership of Documents All documents, including original drawings, estimates, specifications, field notes and data are property of OWNER. CONSULTANT may retain reproducible copies of drawings and other documents. 8. Professional Liability A. CONSULTANT shall be .responsible for the use and employment of reasonable skill and care befitting the profession in the designs, drawings, plans, specifications, data, reports, and designation of materials, labor and equipment provided by CONSULTANT for the project covered by this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and liability of CONSULTANT for the. accuracy and competency of such designs, drawings, plans, specifications, data reports and designation of materials and equipment. B. If services include periodic visits to the site to inspect work performed by another Contractor; CONSULTANT is responsible for exercising reasonable care and skills befitting the profession to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the CITY against. defects and deficiencies in the work; provided, however, CONSULTANT does not guarantee or insure the work completed by the Contractor. During visits to the construction site, and on the basis of the CONSULTANT'S on site observations as an experienced and qualified design professional, he will keep the CITY informed of the extent of the progress of the work, and advise the OWNER of material and substantial defects and deficiencies in the work of contractors which are discovered by the CONSULTANT or otherwise brought to the CONSULTANT'S attention in the course of the project, and may, on behalf of the CITY exercise whatever rights the CITY may have to disapprove work and materials as failing to conform to the Contract. documents. 9. Indemnification CONSULTANT shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of CONSULTANT and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability; loss or damage arising out of noncompliance with such laws, rules and regulations; without limitation, CONSULTANT shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required. under the Social Security Worker's Compensation, and Income Tax Laws with respect to CONSULTANT'S employees. Further, CONSULTANT shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, lass, damages, expenses or claims for infringement of any copyright or patent arising out of the use of any plans, designs, drawings, or specifications furnished by CONSULTANT in the performance of this Contract. 10. Address of Notices and Communications OWNER: City of Port Arthur P.O. Box 1089 Port Arthur, Texas 77641 ATTN: Rebecca Underhill CONSULTANT: Phillips Productions, Inc. 2728 N. Harwood, Suite 200 Dallas, Texas 75201 All notices and communications under this contract shall be mailed or delivered to OWNER and. CONSULTANT at the above addresses. 11. Captions Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation or application. 12. Successors-and Assi¢nments The OWNER and the CONSULTANT each binds himself and his successors, executors, administrators and assigns to the other party of this Contract and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this Contract. Except as above, neither the OWNER nor the CONSULTANT shall assign, sublet or transfei his interest in this Contract without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 13. Term and Termination The term of this agreement is one year. It may be renewed at the mutual agreement of the parties for one additional years. Either party may terminate this agreement at any time by written notice given. thirty (30) days in advance of termination date. 14. Changes The CITY may, from time to time, request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT shall be incorporated in written amendments to this Contract. 15. Personnel A. The CONSULTANT represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. B. All of the services required hereunder shall be performed by the CONSULTANT or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 16. Reports and Information The CONSULTANT at such times and in such forms as the CITY may require, shall-furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to .this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.. 17. Civil Rights No person shall, on the grounds of race, religion, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity of the CITY. 18. Interest of CONSULTANT and Employees The CONSULTANT covenants that he presently has no interest. and shall not acquire any interest, direct or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The CONSULTANT further covenants that in the performance of this Contract, no person having such interest shall be employed. 19. Incorporation of Provisions Required by Law Each provision and clause required by law to be inserted into the. Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party. EXECUTED IN Two 2) counterparts (each of which is an original) on behalf of CONSULTANT by Robert L. Phillips shown below, and on behalf of the City by its C~ Manager (thereto duly authorized) this day of February A:D., 2010. ACCEPTED: OWNER: CITY OF PORT ARTHUR, TEXAS City Manager ATTEST: City Secretary PROPOSED AND AGREED TO: CONSULTANT: PHILLIPS PRODUCTIONS, INC. President DATE: ATTEST: Officer or Secretary APPROVED AS TO FORM: Acting City Attorney ~-2$~l0 The City of Port Arthur, Texas Proposal for Strategic Public Relations and Integrated Marketing Communications Respectfully submitted by: Phillips Productions, Inc: International Center II 2728 N. Harwood Suite 200 Dallas, Texas 75201 Telephone - 214-741-1300 Facsimile - 214-741'-3942 Email - michael@phillipsproductions.com ~~~, ~~ ~. A blank piece. of paper While we embrace technology -largely the reason Phillips can offer reasonable and a pen rates to our clients -- many of our client initiatives start with tools like pen and paper. Our ideas, our visions -whether for new city identity, reputation management f or marketing solutions --are the genius of our comprehensive, results-grabbing. work. At the end of the day, As 3,000 messages per day bombard the average American (via ads; phone we re messengers calls, articles, emails, meetings and conversations) business people, marketers and communicators have to wonder what messages really stick and how. At Phillips, anon-traditional, full-service firm based in Dallas, Texas, we create break-through-the-cluttermessaging. At the end of the 3,000 message day -- our messages -teamed with the appropriate vehicles --live with your target audience, motivate understanding and encourage action. We trelieve the new Phillips delivers cost-effective results to its clients through strategic planning, consumer sensibility targeted public relations, integrated marketing communications and Web is authenticity solutions harmonized with authentic business and branding objectives. First things first Phillips has formulated amulti-faceted approach to strategic planning. We will conduct a communications assessment with all of the City's key players. Through the assessment process, we are able to evaluate Port Arthur's current situation, goals and objectives, past successes, communications expectations, target audiences, and more. We will examine the necessities of today and tomorrow in light of the City's goals and capabilities. When producing a plan for Port Arthur, we will make sure the City gets a plan that's both decision-oriented and action-oriented. A good strategic plan is, after all, one of the most important things to receive from your public relations and marketing investment. Managing public The consumer is in charge.. Trust in media falls. Trust in word of mouth rises. relations when the Now there's traditional media, new media and consumer-generated media. public is doing atl the relations Media explodes. Every day, 50,000 blogs are created. People are watching less TV. Reading fewer newspapers. And Internet usage grows. Now there are traditional influencers and new influencers. Conversation is more important than messaging. Hype or Truth? The truth is thatour definition of public relations has exploded. Our idea of influencers has expanded. And effective public relations has as much to do with building relationships through wnversations and-word of mouth as it does with marketing campaigns and message delivery. Phillips has discovered four principles to building successful public relations campaigns: Listen first Listen first. Seems obvious. We hear about the value of listening to customers every day. It is common sense. Still, many organizations find it hard to do this outside the research.function. Listening used to be focus groups and surveys. Now, it happens in real time every day. Offer deepening ways Engagement means interaction, participation and spending time with a brand to engage with people or issue. Engagement goes where impressions and media hits cannot easily go -- toward loyalty and advocacy. Build relationships Today Port Arthur must move from short-term campaign thinking to long-term not campaigns relationship and community building. And the City must move away from trying to control the message. to convening a conversation. Phillips will endorse the authentic story of Port Arthur to leverage its third party credibility. We have Texas strength. Local power. Both essential for success. Measure performance You can create a measurement recipe today that can guide strategy and help make budget decisions on where your marketing and communication dollars can be spent. From authentic story telling to search engine optimization. Our public relations core competencies include: • Planning • Media relations • Media training • Social media engagement • Community relations • Reputation management Integrated marketing Integrated marketing communications is a simple concept. It ensures that all communications forms of communications and messages are carefully linked together. At Phillips, we believe the Web comes first followed by traditional media. This capitalizes on both push and pull strategies. We also believe the new consumer sensibility is authenticity. People place authenticity of what they desire above both price and quality. The demand for authenticity is the result of the emergence of experiences, rendering technology more human and socially constructed reality. Phillips creates campaigns that can live across multiple channels. We approach campaigns from a digital perspective, starting with how a brand behaves and building up to outbound messaging that lives in traditional media. We bring creative partnership to new heights in these areas: • Planning • Brand development • Positioning • Advertising and promotion • Social media engagement • .Collateral concept and design • Direct marketing • Online marketing • Sales presentations • 'Sponsorship First impressions count Research shows that potential customers decide vnthin the first 3 seconds whetheror not to leave a Web site. If you're still reading, thank you for considering Phillips for your Web site development. We will work together with your IT team in these areas: • Web site development • Web site design • Search engine optimization • Social media engagement • Content syndication and blogs The Phillips approach Our approach is founded in know-how rather than know-it-all. We believe clients know the inner-workings of their business better than anyone else - hands down. We listen. We collaborate. We don't pontificate. We will offer strong. recommendations -- not mandates. Our skill sets in strategic planning, targeted public relations, integrated marketing communications and Web solutions enable us to get the job done for our clients -- hassle- and ego-free-with spectacular results. Content F;rst. We craft messages thatharmonize with business and branding objectives. Vehicle second. Only after a message is honed can a proper vehicle be accurately chosen and employed effectively. Call us on Christmas Day We know an area of wncem can pop up at anytime, anywhere. It's the nature if you want of breathing in a creative business. How quick you react and examine ideas is pivotal td successful implementation -for the next business day or news cycle. Loose lips sink ships While we may orchestrate campaigns to generate word-of-mouth on the street, there's a time and place for everything. Many times our clients want us to keep our mouths sealed, and we do. We understand the importance of keeping client information proprietary. Thought leadership Robert L. (Bob) Phillips Account Supervisor Bob has more than 30 years experience in business growth management, television, and flm and video production. He founded the company in 1972 and is host of the nationally syndicated television series, "Texas Country Reporter." He has a Bachelor of Arts degree and a Master of Arts degree from SMU, is the author of four books, and a professor of communications at Amberton University. Michael D. Grant Account Executive Michael has more than 30 years experience in television program development and marketing communications. Prior to joining Phillips in 2002, he spent 15 years at Belo, a Fortune 1000 media company. He attended Oklahoma.State University where he majored in Radio(Televisibn/Film. He also completed MBA business courses at the University of Southern California and Northwestern University. The investment Phillips will work with the City of Port Arthur on a monthly retainer basis. This fee will cover all planning, concepting and design detailed in this proposal. It also includes any travel expenses incurred by Phillips. Along with 24/7, ~Q O(/ ` proactive virtual offce communications, we will be on-site at least two days per ./~ k ~~` . month. If any of our recommendations require production -- feature writing, printing costs, video production, still photography and the like -these projects will be billed separately. If they are needed, we will provide a budget estimate on these services. Phillips will proceed only after The City approves the work in advance. The annual investment by the City will be $78,000. This will break down to a monthly retainer of $6,500. Ph' ' commitment to ensure consistency in style, attitude and technique when presenting the Port Arthur approach and message. Aay agreement reached will include athirty-day out clause for both parties. If the.Giiy-sigr+sa three-year contract, the monthly reatiner fee will not increase through the term of the agreement. Our references Donna Darovich Director of Public Relations and Marketing Tarrant County College District 817-515-5209 Dianne Clifton Director, Communications Balfour Beatty Construction 214-451-1003 Fred Peters Director of Public Information and Marketing Tyler Junior College 903-510-2627 Mike Fry Advertising /Marketing Manager Mueller, Inc. 325-365-8157 Ron Hadfield Assistant Vice President for University Communication Abilene Christian University 325-674-2690 Tanya Bishop Direrdor of Advertising Capital Farm Credit 806-281-1789 Bob Wright Executive Director of Public Affairs and Marketing Stephen F. Austin State University 936-468-6200