R-03-10-09-13B1 - 10/9/2003RESOLUTION NO. R -03-10-09-13B 1
WHEREAS, the City has previously entered into an Agreement for
Consulting Services with Development Counsellors International ("DCI")
dated February 27, 2003 for the development of a national medial public
relations campaign, Phase I, and
WHEREAS, the City now desires to continue with phase II of the
development of the aforesaid campaign, and
WHEREAS, DCI has submitted an Agreement for Consulting Services
to provide said Phase II services, and
WHEREAS, the City Council desires to enter into said agreement
with DCI, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City an Agreement for Consulting Services with
Development Counsellors International, for Phase II of the development
of a national media relations campaign, a copy of said agreement being
attached hereto as Exhibit "A" and incorporated herein for all
purposes.
The City Council hereby finds and declares that written notice of
the date, hour, place and subject of the meeting at which this
Resolution was adopted was posted and that such meeting was open to the
public as required by law at all times during which this Resolution and
the subject matter hereof were discussed, considered and formally acted
upon, all as required by the Open Meetings Act, Chapter 551, Texas
Government Code, as amended
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RESOLVED this 9th day of October, 2003.
A E T:
ELL, : •r
City of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secre
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CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
WITH DEVELOPMENT COUNSELLORS INTERNATIONAL
THIS AGREEMENT is made and entered into on this the day of the month of
, 2003, by and between the City of Round Rock, a Texas home -rule municipal
corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(hereinafter referred to as "City"), and Development Counsellors International, whose offices are
located at 461 Park Avenue South, New York, New York 10016 (hereinafter referred to as "DCI").
RECITALS:
WHEREAS, City and DCI entered into that certain City of Round Rock Agreement for
Consulting Services with Development Counsellors International dated effective February 27, 2003
(the "Consulting Agreement") regarding the development of a national media public relations
campaign, as more particularly described therein; and
WHEREAS, the Consulting Agreement is set to expire on September 30, 2003; and
WHEREAS, City desires to contract for DCI's assistance to continue developing a national
media public relations campaign and providing national media relations' services in the area of
economic development and tourism marketing, and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto, and
shall remain in full force and effect unless and until it expires by operation of the term indicated
herein, or is terminated or extended as provided herein.
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The term of this Agreement shall be for one (1) year beginning October 2003 and ending
September 30, 2004. This Agreement may renew, only upon the express written agreement of both
parties and only provided DCI has performed all covenants and undertakings specified in this
Agreement and any appended materials.
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EXHIBIT
City reserves the right to review the relationship at any time, and may elect to terminate this
Agreement with or without cause or may elect to continue.
1.02 GENERAL CONDITIONS
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The General onditions contained herein shall apply to DCI's document entitled "Combined
Proposal and Let of Agreement for a Phase II Marketing Program on Behalf of the City of Round
Rock: Octobe 2003 - September 30, 2004,"attached hereto as Exhibit "A" and made a part hereof
of all appropriate purposes. This Agreement (and all attached exhibits) is entered into by and
between the City of Round Rock or its subsidiaries or affiliates (collectively "City") and DCI or any
entity directly or indirectly owned or controlled by same (collectively "DCI").
1.03 PROPOSAL FOR MEDIA PUBLIC RELATIONS SERVICES
For purposes of this Agreement, DCI has issued its document attached hereto as Exhibit "A"
for the assignment(s) delineated therein. Such document, as issued by DCI, is appended to this
Agreement and labeled as Exhibit "A." Such document is deemed to incorporate the General
Conditions contained herein. Except with respect to the description of specific services and fees for
the assignment(s) delineated therein, the General Conditions of this Agreement and this Agreement
itself shall prevail over any conflicting terms therein. Taken together with the appended document,
the General Conditions contained in this Agreement shall evidence the entire understanding and
agreement between the parties and supersede any prior proposals, correspondence or discussions.
1.04 SCOPE OF SERVICES
DCI shall satisfactorily provide all services described under this "Scope of Services"
category. DCI's undertakings shall be limited to performing services for City and/or advising City
concerning those matters on which DCI has been specifically engaged. DCI shall perform its
services in accordance with these General Conditions and this Agreement, in accordance with the
appended exhibit, in accordance with due care, and in accordance with prevailing consulting industry
standards for comparable services.
SCOPE OF SERVICES
OBJECTIVE A:
DCI shall schedule, coordinate and implement a two (2) day media tour to San Francisco,
California for City spokespeople concentrating on a DCI -arranged speaking engagement. DCI shall
develop a topic that reflects Round Rock's business climate. DCI shall arrange a total of at least
three (3) to a maximum of (5) face-to-face media appointments, shall arrange a total of at least one
(1) to a maximum of two (2) appointments with site consultants, shall develop briefing books, shall
participate in the media tour and shall conduct the necessary follow up.
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OBJECTIVE B:
DCI shall coordinate a business press trip for at least three (3) to a maximum of (5)
journalists to Round Rock. DCI shall organize the press trip by sending invitations, obtaining trip
confirmations from journalists, briefing spokespeople, and working closely with City staff to arrange
itineraries for each journalist.
Prior to such press trip, DCI shall work with City staff to determine a theme for the press trip,
which may focus on, but is not limited to, new downtown and/or commercial developments, the
advanced manufacturing/high-tech industry, or international business writers looking to spotlight a
U.S. community.
OBJECTIVE C:
DCI shall use its best efforts to set up media and or site selection consultant appointments
in appropriate markets on behalf of City spokespeople in conjunction with travel agendas for City
spokespeople.
OBJECTIVE D:
DCI shall arrange one (1) major speaking engagement for the City's Mayor or place one (1)
op-ed piece by the City's Mayor on a national trend or an important news story out of Round Rock
in a national publication; DCI shall maximize public relations potential via reporter attendance and
post -speech interviews.
OBJECTIVE E:
DCI shall work closely with City staff to determine national trends, local surprises and news
stories of interest to national journalists. DCI shall arrange for a visit by a minimum of at least one
(1) to a maximum of two (2) journalists from national media outlets, with a focus on Texas based
journalists, to Round Rock for meetings with local business and community leaders. To arrange
such a visit, DCI shall develop and place the invitation to the journalist, coordinate all
correspondence, assist in setting up the interviews for the visit and conduct all follow up.
OBJECTIVE F:
DCI shall on a regular basis, remain in contact with journalists most likely to cover Round
Rock business stories by offering Round Rock business leaders as sources and contacting the media
on a day-to-day basis informing them of Round Rock relocations, expansions and unique selling
points. DCI shall work with journalists to spotlight Round Rock news stories and national trends.
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OBJECTIVE G:
DCI shall on a daily basis, be available to City staff as a consultant on a variety of economic
development related issues.
OBJECTIVE H:
DCI shall arrange a private, high-level event in New York City to attract a minimum of
fifteen (15) to a maximum of twenty (20) New York, New Jersey and/or Connecticut based business,
consulting, and/or media leaders. Prior to the event, DCI shall work with City staff to develop a
sophisticated, exclusive event in New York City for site location consultants, targeted business
executives, and media hosted by Round Rock leaders from the public and private sector. DCI shall
draft suggested invitations, do follow-up calls to invitees, select the venue and menu, participate in
the event and conduct the necessary follow up.
Through this event, DCI shall enable City leaders to accomplish the following: (1) talk up
Round Rock to key business decision -makers and the media; (2) generate more enthusiasm for
Round Rock's marketing initiatives; and (3) create greater visibility for Round Rock and its
advantages for business.
1.05 PAYMENT FOR PROFESSIONAL SERVICES
In consideration for the professional services to be performed by DCI, City agrees to pay DCI
the following sum(s) as stated herein:
ll.s 75, Z6 7 dZ
Professional Fees at $6,545.00/mo for 101 months $ 0f
Reimbursable Expenses Not to exceed $ 12,825.00
Professional Fees for New York Event $ 7,500.00
Reimbursable Expenses for New York Event Not to exceed $ 5,000.00
$144-0365790
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1.06 TERMS OF PAYMENT
To receive payment for professional services, DCI shall prepare and submit a series of
monthly invoices in a form acceptable to City. Each invoice for professional services shall track the
"Scope of Services" category herein, and shall state and detail the services performed, along with
documentation for each such service performed. City shall endeavor to pay DCI in accordance with
the Prompt Payment Policy described in Section 1.07 herein. City shall be responsible for any sales,
gross receipts or similar taxes applicable to the services, but not for taxes based upon DCI's net
income.
1.07 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to DCI will
be made within thirty (30) days of the day on which City receives the performance, or within thirty
(30) days of the day on which the performance of services was complete, or within thirty (30) days
of the day on which City receives a correct invoice for the performance or services, whichever is
later. DCI may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this Prompt Payment Policy; however, this policy does
not apply to payments made by City in the event:
1. There is a bona fide dispute between City and DCI concerning the services performed
that causes the payment to be late; or
2. The teens of a federal contract, grant, regulation, or statute prevent City from making
a timely payment with federal funds; or
3. There is a bona fide dispute between DCI and a subcontractor or between a
subcontractor and its supplier concerning the services performed which causes the
payment to be late; or
4. The invoice is not mailed to City in strict accordance with instructions, if any, on any
purchase order or this Agreement.
1.08 NON -APPROPRIATION
This Agreement is a commitment of City's current revenues only. It is understood and agreed
that City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined
by City's budget for the fiscal year in question. City may effect such termination by giving DCI a
written notice of termination at the end of its then -current fiscal year.
1.09 TERMINATION OR SUSPENSION
City may terminate or suspend performance of this Agreement for City's convenience upon
written notice to DCI. In that event, DCI shall terminate or suspend performance of the services on
a schedule acceptable to City. If termination or suspension is for City's convenience, City shall pay
DCI for all uncontested services performed to date of notice.
This Agreement may be terminated by either City or DCI upon thirty (30) days' written notice
in the event of substantial failure by the other party to perform in accordance with the terms of this
Agreement and any appended documents. The non-performing party shall have fifteen (15) calendar
days from the date of the termination notice to cure or to submit a plan for cure acceptable to the
other party. The non -defaulting party shall be entitled to receive just and equitable compensation for
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all services completed and all legal fees incurred by this action.
1.10 CITY'S RESPONSIBILITIES
City shall have the responsibility ofproviding DCI with such documentation and information
as is reasonably required, if any, to enable DCI to provide the services called for. City shall cause
its employees and any third parties who are otherwise assisting, advising or representing City to
cooperate on a timely basis with DCI in the provision of its services. DCI may rely on written
information provided by City and its employees and agents as accurate and complete and may rely
on written directions provided by City and its employees and agents regarding provision of services.
1.11 INDEPENDENT CONTRACTOR STATUS
DCI is an independent contractor, not City's employee. DCI's employees or subcontractors
are not City's employees. This Agreement does not create a partnership relationship. Neither party
has authority to enter into contracts as agent for the other party. DCI and City agree to the following
rights consistent with an independent contractor relationship:
1. DCI has the right to perform services for others during the term of this Agreement;
and
2. DCI has the sole right to control and direct the means, manner and method by which
services required by this Agreement will be performed; and
3. DCI has the right to hire assistants as subcontractors, or to use employees to provide
the services required by this Agreement; and
4. DCI or DCI's employees or subcontractors shall perform the services required by this
Agreement. City shall not hire, supervise, or pay any assistants to help DCI; and
5. Neither DCI nor DCI's employees or subcontractors shall receive any training from
City in the skills necessary to perform the services required by this Agreement; and
6. City shall not require DCI or DCI's employees or subcontractors to devote full time
to performing the services required by this Agreement; and
7. Neither DCI nor DCI's employees or subcontractors are eligible to participate in any
employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City.
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1.12 CONFIDENTIALITY
Each party shall take reasonable measures to preserve the confidentiality of any proprietary
or confidential information provided to it in connection with this engagement, provided that no
claim may be made for any failure to protect information that occurs more than two (2) years after
the termination or expiration of this Agreement. At the conclusion of the engagement, upon written
request, each party shall return to the other all materials, data and documents that have been provided
to the other party, except that DCI may retain one (1) copy of City's materials for its archival
purposes, subject to DCI's confidentiality obligations hereunder. City shall retain ownership of all
data and materials provided by it to DCI.
1.13 LIMITATION OF LIABILITY
Should any of DCI's services not conform to the requirements of this Agreement and
exhibits, then and in that event City shall give written notification to DCI; thereafter, DCI shall either
(a) promptly re -perform such services to City's satisfaction at no additional charge, or (b) promptly
refund the portion of the fees paid with respect to such services.
In the event that re -performance of services or refund of applicable fees would not provide
an adequate remedy to City for damages arising from the performance, nonperformance or breach
of this Agreement, then and in that event DCI's maximum total liability, including that of any
employee, affiliate, agent or contractor, relating to its services, regardless of the cause of action, shall
be limited to direct damages in an amount not to exceed the total fees payable under this Agreement.
The foregoing limitation of liability shall not apply to the extent that any liability arises from
the gross negligence or willful misconduct of DCI, its employees, affiliates, agents or contractors,
or from bodily injury, death of any person, or damage to any real or tangible personal property.
Neither party shall be liable for any indirect, special or consequential damages.
1.14 INDEMNIFICATION
DCI agrees to hold harmless, defend, and indemnify City for and from any third party claim
or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the negligence of DCI or its employees or agents in the course of performing
services. The limitation of liability set forth in Section 1.13 herein applies to DCI's indemnity
obligations pursuant to this Section 1.14, but the limitation shall not apply to the extent that any
liability arises from the gross negligence or willful misconduct of DCI, its employees, affiliates,
agents or contractors or from bodily injury, death of any person, of damage to any real or tangible
personal property. Except to the extent that DCI is obligated to indemnify City, City shall indemnify
and hold DCI, its employees, affiliates or agents harmless from any third party claim or liability
(including reasonable defense costs and attorneys' fees) to the extent arising from or in connection
with the services performed by DCI or City's use thereof.
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1.15 ASSIGNMENT AND DELEGATION
No party may assign any rights or delegate any duties under this Agreement without the other
party's prior written approval.
1.16 LOCAL, STATE AND FEDERAL TAXES
DCI shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred
while performing services under this Agreement. City will not do the following:
1. Withhold FICA from DCI's payments or make FICA payments on DCI's behalf; or
2. Make state and/or federal unemployment compensation contributions on DCI's
behalf; or
3. Withhold state or federal income tax from DCI's payments.
1.17 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Consultant:
Development Counsellors International
461 Park Avenue South
New York, NY 10016
Notice to City:
City of Round Rock AND TO:
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
City of Round Rock
Attention: City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and DCI.
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1.18 APPLICABLE LAW
The laws of the State of Texas shall govern this Agreement. Venue shall lie in Williamson
County, Texas.
1.19 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between DCI
and City.
1.20 MODIFICATION
This Agreement shall not be subject to change or modification without the express written
mutual consent of each of the parties hereto.
1.21 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and DCI shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and DCI hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
1.22 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Section 1.21 shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined
void.
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IN WITNESS WHEREOF, City and DCI have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TEXAS ATTEST:
By:
Nyle Maxwell, Mayor Christine R. Martinez, City Secretary
Date Signed: Date Signed:
DEVELOPMENT COUNSELLORS INTERNATIONAL
0 By:
Andrew T. Levine,res dent
Date Signed: C9/ 3/0 3
ATTACHMENTS
Exhibit "A": Combined Proposal and Letter of Agreement for a Phase II Marketing Program
on Behalf of the City of Round Rock: October) 2003 - September 30, 2004
IS
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•
I
Development Counsellors Intemational 461 Park Avenue South, New York, NY 10016
Phone (212) 725-0707 Fax (212) 725-2254 E-mail econdev@dc-intl.com / Website: www.aboutdci.com
August 11, 2003
Ms. Nancy Yawn
Director of Economic Development & Public Affairs
City of Round Rock
301 West Bagdad, Suite 210
Round Rock, Texas 78664
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RE: Combined Proposal and Letter of Agreement for a Phase Marketing
Program on Behalf of the City of Round Rock: October 2003 — September
30, 2004
Dear Nancy,
We're pleased to share with you this service for a continuing marketing/public relations
program on behalf of The City of Round Rock. It continues to be a pleasure working
with you, your staff, and City Council, so we're especially delighted to have the
opportunity to possibly continue our work with the Round Rock team.
That said, we believe that it is essential we not let up on the momentum we've created
with the trade, national and international media on behalf of Round Rock this year.
On the pages that follow, you'll find a results -oriented publicity program for 2003-2004
that builds on the projects we already have underway as well as new areas of focus we
believe make great sense based on your own targets and efforts.
Specifically, we'll continue to build on the growth of the City of Round Rock (the
"fastest growing city in Texas") and how well community leaders have successfully
planned and managed that growth. We'll also continue to build on the strength of the
high-tech/advanced manufacturing industry in Round Rock, noting the presence of Dell,
Photronics, Dupont Photomask, and, Cypress Semiconductor. We'll also continue
promoting the variety of proactive and creative steps Round Rock has and will take to
continue its tradition of being a "can -do" community.
Since there has been some terrific accomplishments on behalf of the City of Round Rock,
we'll first outline a brief summary of our work to date (note that two months of the
current contract still remain) and then describe what we believe to be logical next steps
for the 2003-2004 program.
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I. A Quick Summary of the 2003 Marketing Program
The following details both Development Counsellors International's (DCI) activities and
editorial placement results on behalf of the City of Round Rock during the five-month
period between March 1, 2003 to August 1, 2003.
We have first listed the objective as stated in the original contract or "what we said we'd
do," followed by a description of results and what DCI has actually accomplished.
A. IMMERSION TOUR TO ROUND ROCK & "MOST WANTED" MEDIA LIST
Objective: Within the first two weeks of the program, conduct a 3 -day visit by the DCI
team to definite specific story themelines related to Round Rock's overall success story;
create "Most Wanted" Media List.
The first step in any good marketing program is to understand the product and what it has
to offer its prospective audiences. So, DCI began our work with Round Rock by visiting
the city for three days, meeting with the Mayor and more than 25 local business leaders,
Councilmembers, and Round Rock staff.
DCI returned with multiple story ideas, some of which are:
• Round Rock: The Fastest Growing City in Texas
• Can Do Community Follows Parallel Path to Largest Employer: Rapid Growth and
Proactive Approach Raise Round Rock and Dell; The Next Step: Diversification
• MagRabbit: The Company Behind Dell's Just -in -Time Delivery System
During the course of the Immersion Tour, DCI worked closely with Nancy Yawn to
pinpoint a 80-100 publications/on-line news services/broadcast outlets that would be
most important to penetrate with Round Rock's message.
B. NEW YORK MEDIA TOUR
Objective: Coordinate one media tour to a major media center with a total of four to six
interviews with journalists at top -tier media outlets.
Since on any given day, a business journalist can have at least 100 stories he or she could
pursue, we have found that what often works well is to take your story directly to the
journalist. Using this strategy, we coordinated and implemented a media tour for Mayor
Nyle Maxwell and Nancy Yawn to New York, the media capital of the world. In addition
to the five media appointments arranged, DCI arranged three appointments with site
selection consultants for Nancy Yawn.
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As a result of the New York Site Consultant/Media Tour, we were able to personally tell
the Round Rock story to journalists at the following national news outlets:
• The Wall Street Journal
• The New York Times
• Site Selection
• Business Facilities
• Forbes Global
And, DCI arranged three appointments with the following top site selection firms:
• Grubb & Ellis/Wadley-Donovan Group
• Stadtmauer Bailkin Biggins, LLC
• Mintax
C. INBOUND PRESS TRIP
Objective: Organize and host one two-day press trip of 3 to S journalists from general
business and targeted trade outlets to meet with senior level business executives at
companies located in Round Rock
DCI also arranged a group press trip to Round Rock to give journalists the opportunity to
explore the region's advanced manufacturing/high-tech industry. The following six news
outlets participated:
• Business Facilities
• Industrial Maintenance & Plant Operations
• CleanRoom Magazine
• Semiconductor International
• VDI Nachrichten
• Advanced Manufacturing
D. Ongoing Media Placement
Objective: Respond to and approach on an ongoing basis top -tier media outlets (both
print and broadcast) with a series of story angles highlighting the dynamic business
environment in Round Rock resulting in national and regional media placements.
Two examples of placements that have resulted from our ongoing media placement
efforts are:
Nation's Cities Weekly
"City's Vision Pays Off With Unprecedented Growth"
July 21, 2003
Governing
"Closing in on Internet Sales Tax"
August, 2003
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ACTIVITIES WORKED ON IN ADDITION TO AGREED UPON CONTRACT
INITIATIVES:
DALLAS MEDIA TOUR
To further promote Round Rock's story, DCI is currently coordinating a Dallas Media
Tour, where appointments will be arranged for Mayor Nyle Maxwell and Nancy Yawn so
as to promote Round Rock's growing business community and industries. The Dallas
Media Tour is an important national, and regional, media market to visit and is scheduled
to take place September 10, 2003.
WEBSITE EVALUATION
DCI is currently evaluating Round Rock's website, www.roundrocktex.com, and making
some preliminary recommendations on enhancing the site and targeting it for site
selection consultants and potential new business prospects.
SCHEDULING SITE SELECTION CONSULTANT APPOINTMENTS
While Nancy Yawn attended CoreNet's Annual Global Summit in Toronto, DCI arranged
meetings with two top site selection consultants: Gene Deprez of Global Location
Strategies/IBM Business Consulting and Michael Henderson from Cushman -Wakefield.
Unfortunately, due to the SARS crisis at the time, the conference was postponed and the
meetings cancelled until they can be re -scheduled.
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II. MOVING FORWARD: DCI'S WORKPLAN FOR 2003-2004
Though the last five months have yielded some terrific opportunities and placements for
Round Rock, there is much DCI can do to continue to garner coverage for the region as a
prime business destination.
During Phase II, we'd like to continue to focus on promoting Round Rock's assets for
business, particularly in the advanced manufacturing, retail, and high-tech industries, and
build on current business success stories in Round Rock.
By repeating some of the activity that worked well this year, as well as introducing new
strategies, we believe this will be an exceptional year for The City of Round Rock.
With that said, here's the plan...
A. San Francisco Media/Site Consultant Tour Built Around a Speaking
Engagement by Dell President, Kevin Rollins: We propose implementing a two-
day Media Tour to San Francisco, where a large percentage of high-tech reporters are
located, around a DCI -arranged speaking engagement for Dell President Kevin
Rollins at a forum such as the Churchill Club or the Commonwealth Club. (DCI has
arranged a speaking engagement here for Governor Michael Levitt of Utah). Working
closely with Dell and the City of Round Rock, DCI would develop a topic that reflects
favorably on Dell as well as Round Rock's business climate but is not viewed as overly
"self-serving." We would then approach the selection committee of an appropriate
venue. DCI will also work to arrange 1-2 site selection appointments for Mayor Nyle
Maxwell and Nancy Yawn while in San Francisco.
Objective: Schedule, coordinate and implement a one -day Media Tour to San
Francisco for Kevin Rollins and Mayor Nyle Maxwell, revolving around a DCI -
arranged speaking engagement. DCI would arrange between 3 and 5 face-to-face
media appointments, 1-2 site consultant appointments, develop briefing books,
participate in the media trip and conduct the necessary follow up.
B. Press Trip to Round Rock: Building on the success of this year's press trip, we'd
like to arrange to bring in a new group press trip of between 3 and 5 journalists to
visit Round Rock. We'd work with the City to determine a theme for the trip, which
may focus on new downtown/commercial developments, the advanced
manufacturing/high-tech industry, or international business writers looking to
spotlight a U.S. community.
Objective: Coordinate a Press Trip of 3-5 journalists. DCI would send
invitations, lock in journalists, brief spokespeople, and work closely with The
City of Round Rock to arrange itineraries for each journalist.
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C. Support Travel Schedules of Mayor Maxwell and Nancy Yawn: Similar to what
we've done this last year, DCI will be available to arrange, when possible, media
and/or site selection consultant appointments in appropriate markets on behalf of
Nancy Yawn and Mayor Maxwell. For instance, if Nancy Yawn is traveling to
Atlanta for a CoreNet conference, DCI will seek to arrange 1-2 interviews in that city.
Objective: Seek to set up media/site selection consultant appointments in
conjunction with travel agendas of Nancy Yawn and/or Mayor Nyle Maxwell.
D. Seek Out Op-Ed/Speaking Engagement Opportunities for Mayor Nyle Maxwell:
Given the Mayor's solid vision for the future of Round Rock and his terrific ability to
articulate that vision, DCI proposes arranging either: 1) One op-ed piece on a national
trend, an important news story out of Round Rock, etc., which DCI would ghostwrite
in coordination with the Mayor's team, and place in a major national media outlet, or
2) Arrange for the Mayor to speak at a major conference, for instance, at an
International Economic Development Council (IEDC) conference or at the Rotary
Club of Dallas on an appropriate topic.
Objective: Arrange one major speaking engagement for Mayor Maxwell or place
one op-ed piece by the Mayor in a national publication; maximize public relations
potential via reporter attendance and post -speech interviews.
E. Bringing Individual Journalists to Round Rock: In our 43 -year experience, we've
found that there is nothing quite as effective as seeing the "product" firsthand. We
would seek to schedule 1-2 journalists for visits to Round Rock, focusing on the
Texas bureaus of national media outlets, where they would meet with local business
and community leaders.
Objective: Work closely with Nancy Yawn and the City of Round Rock to
determine national trends, local surprises and real "news" that would interest a
national reporter. Lock in 1-2 reporters from national media outlets, particularly
focusing on Texas-based reporters, over the course of the program. DCI would
develop and place the invitation to the reporter, coordinate all correspondence,
assist in setting up the interviews for the visit and conduct all follow up.
F. Ongoing Public Relations: Because of DCI's unique role in working with the media
as a resource, we're often in the position of suggesting interview contacts for
journalists working on national stories. We'll continue to offer Round Rock business
leaders as sources. Additionally, we'll continue to contact the media on a day-to-day
basis informing them of Round Rock relocations, expansions and unique selling
points.
Objective: On a regular basis, be in contact with journalists most likely to cover
Round Rock business stories. Work with them to spotlight Round Rock "news"
and national trends.
Page 7
G. Advice & Counsel: As we hope you've seen this year, everyone at DCI is available
as a resource when it comes to helping Round Rock succeed! DCI will be your
marketing partner and provide on-going advice and counsel on topics that range well
beyond our contract.
Objective: On a daily basis, be available to Nancy Yawn and the City of Round
Rock staff as a consultant on a variety of economic development related issues.
III. Optional Program Initiative
In addition to the above public relations/marketing program, below is an optional
program initiative for your consideration. A separate budget for this initiative is
included under Section V.
A. Round Rock Comes to New York: DCI will work with the City of Round Rock to
develop a sophisticated, exclusive event in New York for site location consultants,
targeted business executives, and media hosted by Round Rock leaders from the public
and private sector. The event can be held in a reserved suite at the concert of a local
Texas entertainer, such as Lyle Lovett who is playing Carnegie Hall, November 2003 or
at an appropriate Texas -themed venue. This high-level event will enable Round Rock to
accomplish the following:
1) Talk up Round Rock to key business decision -makers and the media;
2) Generate more enthusiasm for Round Rock's marketing initiatives;
3) Create greater visibility for Round Rock and its advantages for business.
DCI will draft suggested invitations, do follow-up calls to invitees, select the
venue/menu; participate in the event and conduct the necessary follow-up.
DCI or The City of Round Rock can print and mail the invitations; develop a list of local
leaders to attend; prepare name tags and take -away gifts for attendees; and, coordinate
logistics for travel to/from New York, including airfare and lodging.
Objective: Attract (approx.) 15-20 NY/NJ/CT-based business/consulting/media
leaders to this private, high-level event.
Page 8
IV. DCI STAFFING
DCI Senior Account Executive, Marissa Murray, will continue to serve as the day-to-day
manager of the program. DCI President Andy Levine remains as the account strategist.
V. TIMELINE AND BUDGET
zI
We have dgned this program as a twelve-month program, which would begin on
October 2003 and continue through September 30, 2004. Approximately 4 weeks
before the conclusion of this program, DCI will provide a detailed report outlining (( .•ff
recommendations for the program's future.
75,zc 7
DCI time fees will be $6,545 per month, or a total of $7540. A detailed program
budget is found on the following page. DCI's professional fee of $6,545/month will be
billed at the beginning of each month. Expenses will be billed as they occur with
documentation; client payment is requested within 15 days of billing. Ordinary DCI
expenses (telephone, photocopying, overnight packages and other similar costs) and any
out-of-pocket travel expenses will be billed separately with appropriate documentation.
This agreement may be canceled by either party, DCI or the City of Round Rock, for any
reason upon 30 days' written notice to the other. The program shall continue on a month-
to-month basis after September 30, 2004 under the same terms and conditions herein
unless both parties mutually agree upon new terms of operation.
A separate budget for a Special Event in New York is included and can be billed
separately upon service rendered.
The following budget is divided into two elements: professional fees and projected out-
of-pocket expenses. The latter item involves considerable variation but represents our
current estimates based on recent experience. Your organization would pay only for
actual expenses; DCI does not charge mark-up on any expense items.
Page 9
DCUCity of Round Rock Editorial Placement
PROGRAM BUDGET
(October) 2003 —September 30, 2004)
t5
I. Professional Fees
- - DCI Time Costs for Program Design and
Execution ($6,545/month x ) months)
11.5
II. Ongoing Program Expenses
-- Ongoing Communication Expenses:
telephone, faxes, copying delivery
services, etc. ($250/month x 12 months)
- - Press Trip to Round Rock (3-5 journalists + 1 DCI rep.):
Flight: Approx. $800 x 6 participants = $4,800
Hotel: Approx. $100 x 2 nights x 6 participants = $1,200
- -DCI Travel to Round Rock
Flight: Approx. $800 x 2 trips = $1,600
Hotel: Approx. $100 x 2 trips = $200
- - DCI Travel Expenses for San Francisco Media Tour
Flight: Approx. $850
Hotel: Approx. $225/night
$3,000
$6,000
$1,800
$1,075
- - Miscellaneous/Contingency Fund $950
(10% of overall program expenses)
EXPENSE SUBTOTAL:
TOTAL PROGRAM:
$12,825
$94465
g o9z
Page 10
III. Optional Initiative — Round Rock Comes to New York
A. Professional Fees: $7,500
--DCI time costs for event design and execution
B. Program Expenses
-- Cost of Venue, food $5,000
OPTIONAL INITIATIVE TOTAL: $ 12,500
Page 10
VII. The Next Steps
We believe the simplest way to signal acceptance of the above program is to sign and
return one copy of this letter.
Nancy, we're really excited about the opportunity to build upon the results already
achieved by "The City of Round Rock/DCI" team! We look forward to speaking with
you soon.
ally,
Andy Levine
President
1-71/a/1446Q--'
Marissa Murray
Senior Account Executive
Accepted:
Title:
Date:
###
DATE: October 3, 2003
SUBJECT: City Council Meeting - October 9, 2003
ITEM: 13.6.1. Consider a resolution authorizing the Mayor to execute an
Agreement for Consulting Services with Development
Counsellors International for national media services -
Phase II.
Resource: Nancy Yawn, Director Economic Development, Public Affairs
History: Per Angelou Economics recommendation from the
Economic Development plan, Council approved a Phase I
contract with DCI in February for services through the
end of the fiscal year. This contract will continue the
national media public relations program through the next
fiscal year.
Funding
Cost: $100,592.00
Source of Funds: $40,000 - Administration; $60,592.00 Economic
Development Budget
Outside resources: N/A
Impact/ Benefit:
We have had success with the initial phase of this
program. A continued effort will build the relationships
and momentum started by Phase I.
Public Comment: N/A
Sponsor: Planning and Community Development Department
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
AGREEMENT FOR CONSULTING SERVICES
WITH DEVELOPMENT COUNSELLORS INTERNATIONAL
S AGREEMENT is made and entered into on this thetil
`day of the month of
, 2003, by and between the City of Round Rock, a Texas home -rule municipal
corporation, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299
(hereinafter referred to as "City"), and Development Counsellors International, whose offices are
located at 461 Park Avenue South, New York, New York 10016 (hereinafter referred to as "DCI").
RECITALS:
WHEREAS, City and DCI entered into that certain City of Round Rock Agreement for
Consulting Services with Development Counsellors International dated effective February 27, 2003
(the "Consulting Agreement") regarding the development of a national media public relations
campaign, as more particularly described therein; and
WHEREAS, the Consulting Agreement is set to expire on September 30, 2003; and
WHEREAS, City desires to contract for DCI's assistance to continue developing a national
media public relations campaign and providing national media relations' services in the area of
economic development and tourism marketing, and
WHEREAS, the parties desire to enter into this Agreement to set forth in writing their
respective rights, duties and obligations hereunder;
NOW, THEREFORE, WITNESSETH:
That for and in consideration of the mutual promises contained herein and other good and
valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually
agreed between the parties as follows:
1.01 EFFECTIVE DATE, DURATION, AND TERM
This Agreement shall be effective on the date it has been signed by every party hereto, and
shall remain in full force and effect unless and until it expires by operation of the term indicated
herein, or is terminated or extended as provided herein.
15
The term of this Agreement shall be for one (1) year beginning October% 2003 and ending
September 30, 2004. This Agreement may renew, only upon the express written agreement of bot__
parties and only provided DCI has performed all covenants and undertakings specified in this
Agreement and any appended materials.
(irPFDesktop,ODMM'WORLDOXia/WDOX/CGRR/GNUDCI CONS/00054325.WPD/vr
its -C3 -/C -Q9 -/313i
City reserves the right to review the relationship at any time, and may elect to terminate this
Agreement with or without cause or may elect to continue.
1.02 GENERAL CONDITIONS
15
The Genera onditions contained herein shall apply to DCI's document entitled "Combined
Proposal and Let r of Agreement for a Phase II Marketing Program on Behalf of the City of Round
Rock: October 2003 - September 30, 2004,"attached hereto as Exhibit "A" and made a part hereo
of all appropriate purposes. This Agreement (and all attached exhibits) is entered into by and
between the City of Round Rock or its subsidiaries or affiliates (collectively "City") and DCI or any
entity directly or indirectly owned or controlled by same (collectively "DCI").
1.03 PROPOSAL FOR MEDIA PUBLIC RELATIONS SERVICES
For purposes of this Agreement, DCI has issued its document attached hereto as Exhibit "A"
for the assignment(s) delineated therein. Such document, as issued by DCI, is appended to this
Agreement and labeled as Exhibit "A." Such document is deemed to incorporate the General
Conditions contained herein. Except with respect to the description of specific services and fees for
the assignment(s) delineated therein, the General Conditions of this Agreement and this Agreement
itself shall prevail over any conflicting terms therein. Taken together with the appended document,
the General Conditions contained in this Agreement shall evidence the entire understanding and
agreement between the parties and supersede any prior proposals, correspondence or discussions.
1.04 SCOPE OF SERVICES
DCI shall satisfactorily provide all services described under this "Scope of Services"
category. DCI's undertakings shall be limited to performing services for City and/or advising City
concerning those matters on which DCI has been specifically engaged. DCI shall perform its
services in accordance with these General Conditions and this Agreement, in accordance with the
appended exhibit, in accordance with due care, and in accordance with prevailing consulting industry
standards for comparable services.
SCOPE OF SERVICES
OBJECTIVE A:
DCI shall schedule, coordinate and implement a two (2) day media tour to San Francisco,
California for City spokespeople concentrating on a DCI -arranged speaking engagement. DCI shall
develop a topic that reflects Round Rock's business climate. DCI shall arrange a total of at least
three (3) to a maximum of (5) face-to-face media appointments, shall arrange a total of at least one
(1) to a maximum of two (2) appointments with site consultants, shall develop briefing books, shall
participate in the media tour and shall conduct the necessary follow up.
2
OBJECTIVE B:
DCI shall coordinate a business press trip for at least three (3) to a maximum of (5)
journalists to Round Rock. DCI shall organize the press trip by sending invitations, obtaining trip
confirmations from journalists, briefing spokespeople, and working closely with City staff to arrange
itineraries for each journalist.
Prior to such press trip, DCI shall work with City staff to determine a theme for the press trip,
which may focus on, but is not limited to, new downtown and/or commercial developments, the
advanced manufacturing/high-tech industry, or international business writers looking to spotlight a
U.S. community.
OBJECTIVE C:
DCI shall use its best efforts to set up media and or site selection consultant appointments
in appropriate markets on behalf of City spokespeople in conjunction with travel agendas for City
spokespeople.
OBJECTIVE D:
DCI shall arrange one (1) major speaking engagement for the City's Mayor or place one (1)
op-ed piece by the City's Mayor on a national trend or an important news story out of Round Rock
in a national publication; DCI shall maximize public relations potential via reporter attendance and
post -speech interviews.
OBJECTIVE E:
DCI shall work closely with City staff to determine national trends, local surprises and news
stories of interest to national journalists. DCI shall arrange for a visit by a minimum of at least one
(1) to a maximum of two (2) journalists from national media outlets, with a focus on Texas based
journalists, to Round Rock for meetings with local business and community leaders. To arrange
such a visit, DCI shall develop and place the invitation to the journalist, coordinate all
correspondence, assist in setting up the interviews for the visit and conduct all follow up.
OBJECTIVE F:
DCI shall on a regular basis, remain in contact with journalists most likely to cover Round
Rock business stories by offering Round Rock business leaders as sources and contacting the media
on a day-to-day basis informing them of Round Rock relocations, expansions and unique selling
points. DCI shall work with journalists to spotlight Round Rock news stories and national trends.
3
OBJECTIVE G:
DCI shall on a daily basis, be available to City staff as a consultant on a variety of economic
development related issues.
OBJECTIVE H:
DCI shall arrange a private, high-level event in New York City to attract a minimum of
fifteen (15) to a maximum of twenty (20) New York, New Jersey and/or Connecticut based business,
consulting, and/or media leaders. Prior to the event, DCI shall work with City staff to develop a
sophisticated, exclusive event in New York City for site location consultants, targeted business
executives, and media hosted by Round Rock leaders from the public and private sector. DCI shall
draft suggested invitations, do follow-up calls to invitees, select the venue and menu, participate in
the event and conduct the necessary follow up.
Through this event, DCI shall enable City leaders to accomplish the following: (1) talk up
Round Rock to key business decision -makers and the media; (2) generate more enthusiasm for
Round Rock's marketing initiatives; and (3) create greater visibility for Round Rock and its
advantages for business.
1.05 PAYMENT FOR PROFESSIONAL SERVICES
In consideration for the professional services to be performed by DCI, City agrees to pay DCI
the following sum(s) as stated herein:
ILS 7S,07t 7
Professional Fees at $6,545.00/mo for ) months $ 78,546.00
Reimbursable Expenses Not to exceed $ 12,825.00
Professional Fees for New York Event $ 7,500.00
Reimbursable Expenses for New York Event Not to exceed $ 5,000.00
X865.00
/0v, s9a
1.06 TERMS OF PAYMENT
To receive payment for professional services, DCI shall prepare and submit a series of
monthly invoices in a form acceptable to City. Each invoice for professional services shall track the
"Scope of Services" category herein, and shall state and detail the services performed, along with
documentation for each such service performed. City shall endeavor to pay DCI in accordance with
the Prompt Payment Policy described in Section 1.07 herein. City shall be responsible for any sales,
gross receipts or similar taxes applicable to the services, but not for taxes based upon DCI's net
income.
4
1.07 PROMPT PAYMENT POLICY
In accordance with Chapter 2251, V.T.C.A., Texas Government Code, payment to DCI will
be made within thirty (30) days of the day on which City receives the performance, or within thirty
(30) days of the day on which the performance of services was complete, or within thirty (30) days
of the day on which City receives a correct invoice for the performance or services, whichever is
later. DCI may charge a late fee (fee shall not be greater than that which is permitted by Texas law)
for payments not made in accordance with this Prompt Payment Policy; however, this policy does
not apply to payments made by City in the event:
1. There is a bona fide dispute between City and DCI concerning the services performed
that causes the payment to be late; or
2. The terms of a federal contract, grant, regulation, or statute prevent City from making
a timely payment with federal funds; or
3. There is a bona fide dispute between DCI and a subcontractor or between a
subcontractor and its supplier concerning the services performed which causes the
payment to be late; or
4. The invoice is not mailed to City in strict accordance with instructions, if any, on any
purchase order or this Agreement.
1.08 NON -APPROPRIATION
This Agreement is a commitment of City's current revenues only. It is understood and agreed
that City shall have the right to terminate this Agreement at the end of any City fiscal year if the
governing body of City does not appropriate funds sufficient to purchase the services as determined
by City's budget for the fiscal year in question. City may effect such termination by giving DCI a
written notice of termination at the end of its then -current fiscal year.
1.09 TERMINATION OR SUSPENSION
City may terminate or suspend performance of this Agreement for City's convenience upon
written notice to DCI. In that event, DCI shall terminate or suspend performance of the services on
a schedule acceptable to City. If termination or suspension is for City's convenience, City shall pay
DCI for all uncontested services performed to date of notice.
This Agreement may be terminated by either City or DCI upon thirty (30) days' written notice
in the event of substantial failure by the other party to perform in accordance with the terms of this
Agreement and any appended documents. The non-performing party shall have fifteen (15) calendar
days from the date of the termination notice to cure or to submit a plan for cure acceptable to the
other party. The non -defaulting party shall be entitled to receive just and equitable compensation for
5
all services completed and all legal fees incurred by this action.
1.10 CITY'S RESPONSIBILITIES
City shall have the responsibility of providing DCI with such documentation and information
as is reasonably required, if any, to enable DCI to provide the services called for. City shall cause
its employees and any third parties who are otherwise assisting, advising or representing City to
cooperate on a timely basis with DCI in the provision of its services. DCI may rely on written
information provided by City and its employees and agents as accurate and complete and may rely
on written directions provided by City and its employees and agents regarding provision of services.
1.11 INDEPENDENT CONTRACTOR STATUS
DCI is an independent contractor, not City's employee. DCI's employees or subcontractors
are not City's employees. This Agreement does not create a partnership relationship. Neither party
has authority to enter into contracts as agent for the other party. DCI and City agree to the following
rights consistent with an independent contractor relationship:
1. DCI has the right to perform services for others during the term of this Agreement;
and
2. DCI has the sole right to control and direct the means, manner and method by which
services required by this Agreement will be performed; and
3. DCI has the right to hire assistants as subcontractors, or to use employees to provide
the services required by this Agreement; and
4. DCI or DCI's employees or subcontractors shall perform the services required by this
Agreement. City shall not hire, supervise, or pay any assistants to help DCI; and
5. Neither DCI nor DCI's employees or subcontractors shall receive any training from
City in the skills necessary to perform the services required by this Agreement; and
6. City shall not require DCI or DCI's employees or subcontractors to devote full time
to performing the services required by this Agreement; and
7. Neither DCI nor DCI's employees or subcontractors are eligible to participate in any
employee pension, health, vacation pay, sick pay, or other fringe benefit plan of City.
6
1.12 CONFIDENTIALITY
Each party shall take reasonable measures to preserve the confidentiality of any proprietary
or confidential information provided to it in connection with this engagement, provided that no
claim may be made for any failure to protect information that occurs more than two (2) years after
the termination or expiration of this Agreement. At the conclusion of the engagement, upon written
request, each party shall return to the other all materials, data and documents that have been provided
to the other party, except that DCI may retain one (1) copy of City's materials for its archival
purposes, subject to DCI's confidentiality obligations hereunder. City shall retain ownership of all
data and materials provided by it to DCI.
1.13 LIMITATION OF LIABILITY
Should any of DCI's services not conform to the requirements of this Agreement and
exhibits, then and in that event City shall give written notification to DCI; thereafter, DCI shall either
(a) promptly re -perform such services to City's satisfaction at no additional charge, or (b) promptly
refund the portion of the fees paid with respect to such services.
In the event that re -performance of services or refund of applicable fees would not provide
an adequate remedy to City for damages arising from the performance, nonperformance or breach
of this Agreement, then and in that event DCI's maximum total liability, including that of any
employee, affiliate, agent or contractor, relating to its services, regardless of the cause of action, shall
be limited to direct damages in an amount not to exceed the total fees payable under this Agreement.
The foregoing limitation of liability shall not apply to the extent that any liability arises from
the gross negligence or willful misconduct of DCI, its employees, affiliates, agents or contractors,
or from bodily injury, death of any person, or damage to any real or tangible personal property.
Neither party shall be liable for any indirect, special or consequential damages.
1.14 INDEMNIFICATION
DCI agrees to hold harmless, defend, and indemnify City for and from any third party claim
or liability (including reasonable defense costs and attorneys' fees) to the extent arising from or in
connection with the negligence of DCI or its employees or agents in the course of performing
services. The limitation of liability set forth in Section 1.13 herein applies to DCI's indemnity
obligations pursuant to this Section 1.14, but the limitation shall not apply to the extent that any
liability arises from the gross negligence or willful misconduct of DCI, its employees, affiliates,
agents or contractors or from bodily injury, death of any person, of damage to any real or tangible
personal property. Except to the extent that DCI is obligated to indemnify City, City shall indemnify
and hold DCI, its employees, affiliates or agents harmless from any third party claim or liability
(including reasonable defense costs and attorneys' fees) to the extent arising from or in connection
with the services performed by DCI or City's use thereof.
7
1.15 ASSIGNMENT AND DELEGATION
No party may assign any rights or delegate any duties under this Agreement without the other
party's prior written approval.
1.16 LOCAL, STATE AND FEDERAL TAXES
DCI shall pay all income taxes, and FICA (Social Security and Medicare taxes) incurred
while performing services under this Agreement. City will not do the following:
1. Withhold FICA from DCI's payments or make FICA payments on DCI's behalf; or
2. Make state and/or federal unemployment compensation contributions on DCI's
behalf; or
3. Withhold state or federal income tax from DCI's payments.
1.17 NOTICES
All notices and other communications in connection with this Agreement shall be in writing
and shall be considered given as follows:
1. When delivered personally to the recipient's address as stated in this Agreement; or
2. Three (3) days after being deposited in the United States mail, with postage prepaid
to the recipient's address as stated in this Agreement.
Notice to Consultant:
Development Counsellors International
461 Park Avenue South
New York, NY 10016
Notice to City:
City of Round Rock AND TO:
Attention: City Manager
221 East Main Street
Round Rock, TX 78664
City of Round Rock
Attention: City Attorney
309 East Main Street
Round Rock, TX 78664
Nothing contained herein shall be construed to restrict the transmission of routine
communications between representatives of City and DCI.
8
1.18 APPLICABLE LAW
The laws of the State of Texas shall govern this Agreement. Venue shall lie in Williamson
County, Texas.
1.19 EXCLUSIVE AGREEMENT
This document, and all appended documents, constitutes the entire Agreement between DCI
and City.
1.20 MODIFICATION
This Agreement shall not be subject to change or modification without the express written
mutual consent of each of the parties hereto.
1.21 DISPUTE RESOLUTION
If a dispute or claim arises under this Agreement, the parties agree to first try to resolve
the dispute or claim by appropriate internal means, including referral to each party's senior
management. If the parties cannot reach a mutually satisfactory resolution, then and in that event
any such dispute or claim will be sought to be resolved with the help of a mutually selected
mediator. If the parties cannot agree on a mediator, City and DCI shall each select a mediator
and the two mediators shall agree upon a third mediator. Any costs and fees, other than attorney
fees, associated with the mediation shall be shared equally by the parties.
City and DCI hereby expressly agree that no claims or disputes between the parties
arising out of or relating to this Agreement or a breach thereof shall be decided by any arbitration
proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9
USC Section 1-14) or any applicable state arbitration statute.
1.22 SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement. Any
void provision shall be deemed severed from this Agreement, and the balance of this Agreement
shall be construed and enforced as if this Agreement did not contain the particular portion or
provision held to be void. The parties further agree to amend this Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision. The provisions of this Section 1.21 shall not prevent this entire Agreement
from being void should a provision which is of the essence of this Agreement be determined
void.
9
IN WITNESS WHEREOF, City and DCI have executed this Agreement on the dates
indicated.
CITY OF ROUND ROCK, TE
By:
ax
Date Signed:
ltr-9- C3
ATTEST:
)42bui
Christine R. Martinez Cit Sec etary
Date Signed: l— - ,3
DEVELOPMENT COUNSELLORS INTERNATIONAL
By:64-
Andrew T. Levine,res dent
Date Signed: q 3 0 j
ATTACHMENTS
Exhibit "A": Combined Proposal and Letter of Agreement for a Phase II Marketing Program
on Behalf of the City of Round Rock: October 2003 - September 30, 2004
i5
10
•
I
Development Counsellors International 461 Park Avenue South, New York, NY 10016
Phone (212) 725-0707 Fax (212) 725-2254 E-mail econdev@dc-intl.com / Website: www.aboutdci.com
August 11, 2003
Ms. Nancy Yawn
Director of Economic Development & Public Affairs
City of Round Rock
301 West Bagdad, Suite 210
Round Rock, Texas 78664
tg
RE: Combined Proposal and Letter of Agreement for a Phase Marketing
Program on Behalf of the City of Round Rock: October 2003 — September
30, 2004
Dear Nancy,
We're pleased to share with you this service for a continuing marketing/public relations
program on behalf of The City of Round Rock. It continues to be a pleasure working
with you, your staff, and City Council, so we're especially delighted to have the
opportunity to possibly continue our work with the Round Rock team.
That said, we believe that it is essential we not let up on the momentum we've created
with the trade, national and international media on behalf of Round Rock this year.
On the pages that follow, you'll find a results -oriented publicity program for 2003-2004
that builds on the projects we already have underway as well as new areas of focus we
believe make great sense based on your own targets and efforts.
Specifically, we'll continue to build on the growth of the City of Round Rock (the
"fastest growing city in Texas") and how well community leaders have successfully
planned and managed that growth. We'll also continue to build on the strength of the
high-tech/advanced manufacturing industry in Round Rock, noting the presence of Dell,
Photronics, Dupont Photomask, and, Cypress Semiconductor. We'll also continue
promoting the variety of proactive and creative steps Round Rock has and will take to
continue its tradition of being a "can -do" community.
Since there has been some terrific accomplishments on behalf of the City of Round Rock,
we'll first outline a brief summary of our work to date (note that two months of the
current contract still remain) and then describe what we believe to be logical next steps
for the 2003-2004 program.
Page 2
I. A Quick Summary of the 2003 Marketing Program
The following details both Development Counsellors International's (DCI) activities and
editorial placement results on behalf of the City of Round Rock during the five-month
period between March 1, 2003 to August 1, 2003.
We have first listed the objective as stated in the original contract or "what we said we'd
do," followed by a description of results and what DCI has actually accomplished.
A. IMMERSION TOUR TO ROUND ROCK & "MOST WANTED" MEDIA LIST
Objective: Within the first two weeks of the program, conduct a 3 -day visit by the DCI
team to definite specific story themelines related to Round Rock's overall success story;
create "Most Wanted" Media List.
The first step in any good marketing program is to understand the product and what it has
to offer its prospective audiences. So, DCI began our work with Round Rock by visiting
the city for three days, meeting with the Mayor and more than 25 local business leaders,
Councilmembers, and Round Rock staff.
DCI returned with multiple story ideas, some of which are:
• Round Rock: The Fastest Growing City in Texas
• Can Do Community Follows Parallel Path to Largest Employer: Rapid Growth and
Proactive Approach Raise Round Rock and Dell; The Next Step: Diversification
• MagRabbit: The Company Behind Dell's Just -in -Time Delivery System
During the course of the Immersion Tour, DCI worked closely with Nancy Yawn to
pinpoint a 80-100 publications/on-line news services/broadcast outlets that would be
most important to penetrate with Round Rock's message.
B. NEW YORK MEDIA TOUR
Obi ective: Coordinate one media tour to a major media center with a total of four to six
interviews with journalists at top -tier media outlets.
Since on any given day, a business journalist can have at least 100 stories he or she could
pursue, we have found that what often works well is to take your story directly to the
journalist. Using this strategy, we coordinated and implemented a media tour for Mayor
Nyle Maxwell and Nancy Yawn to New York, the media capital of the world. In addition
to the five media appointments arranged, DCI arranged three appointments with site
selection consultants for Nancy Yawn.
Page 3
As a result of the New York Site Consultant/Media Tour, we were able to personally tell
the Round Rock story to journalists at the following national news outlets:
• The Wall Street Journal
• The New York Times
• Site Selection
• Business Facilities
• Forbes Global
And, DCI arranged three appointments with the following top site selection firms:
• Grubb & Ellis/Wadley-Donovan Group
• Stadtmauer Bailkin Biggins, LLC
• Mintax
C. INBOUND PRESS TRIP
Objective: Organize and host one two-day press trip of 3 to 5 journalists from general
business and targeted trade outlets to meet with senior level business executives at
companies located in Round Rock.
DCI also arranged a group press trip to Round Rock to give journalists the opportunity to
explore the region's advanced manufacturing/high-tech industry. The following six news
outlets participated:
• Business Facilities
• Industrial Maintenance & Plant Operations
• CleanRoom Magazine
• Semiconductor International
• VDI Nachrichten
• Advanced Manufacturing
D. Ongoing Media Placement
Objective: Respond to and approach on an ongoing basis top -tier media outlets (both
print and broadcast) with a series of story angles highlighting the dynamic business
environment in Round Rock resulting in national and regional media placements.
Two examples of placements that have resulted from our ongoing media placement
efforts are:
Nation's Cities Weekly
"City's Vision Pays Off With Unprecedented Growth"
July 21, 2003
Governing
"Closing in on Internet Sales Tax"
August, 2003
Page 4
ACTIVITIES WORKED ON IN ADDITION TO AGREED UPON CONTRACT
INITIATIVES:
DALLAS MEDIA TOUR
To further promote Round Rock's story, DCI is currently coordinating a Dallas Media
Tour, where appointments will be arranged for Mayor Nyle Maxwell and Nancy Yawn so
as to promote Round Rock's growing business community and industries. The Dallas
Media Tour is an important national, and regional, media market to visit and is scheduled
to take place September 10, 2003.
WEBSITE EVALUATION
DCI is currently evaluating Round Rock's website, www.roundrocktex.com, and making
some preliminary recommendations on enhancing the site and targeting it for site
selection consultants and potential new business prospects.
SCHEDULING SITE SELECTION CONSULTANT APPOINTMENTS
While Nancy Yawn attended CoreNet's Annual Global Summit in Toronto, DCI arranged
meetings with two top site selection consultants: Gene Deprez of Global Location
Strategies/IBM Business Consulting and Michael Henderson from Cushman -Wakefield
Unfortunately, due to the SARS crisis at the time, the conference was postponed and the
meetings cancelled until they can be re -scheduled.
Page 5
II. MOVING FORWARD: DCI'S WORKPLAN FOR 2003-2004
Though the last five months have yielded some terrific opportunities and placements for
Round Rock, there is much DCI can do to continue to garner coverage for the region as a
prime business destination.
During Phase II, we'd like to continue to focus on promoting Round Rock's assets for
business, particularly in the advanced manufacturing, retail, and high-tech industries, and
build on current business success stories in Round Rock.
By repeating some of the activity that worked well this year, as well as introducing new
strategies, we believe this will be an exceptional year for The City of Round Rock.
With that said, here's the plan...
A. San Francisco Media/Site Consultant Tour Built Around a Speaking
Engagement by Dell President, Kevin Rollins: We propose implementing a two-
day Media Tour to San Francisco, where a large percentage of high-tech reporters are
located, around a DCI -arranged speaking engagement for Dell President Kevin
Rollins at a forum such as the Churchill Club or the Commonwealth Club. (DCI has
arranged a speaking engagement here for Governor Michael Levitt of Utah). Working
closely with Dell and the City of Round Rock, DCI would develop a topic that reflects
favorably on Dell as well as Round Rock's business climate but is not viewed as overly
"self-serving." We would then approach the selection committee of an appropriate
venue. DCI will also work to arrange 1-2 site selection appointments for Mayor Nyle
Maxwell and Nancy Yawn while in San Francisco.
Objective: Schedule, coordinate and implement a one -day Media Tour to San
Francisco for Kevin Rollins and Mayor Nyle Maxwell, revolving around a DCI -
arranged speaking engagement. DCI would arrange between 3 and 5 face-to-face
media appointments, 1-2 site consultant appointments, develop briefing books,
participate in the media trip and conduct the necessary follow up.
B. Press Trip to Round Rock: Building on the success of this year's press trip, we'd
like to arrange to bring in a new group press trip of between 3 and 5 journalists to
visit Round Rock. We'd work with the City to determine a theme for the trip, which
may focus on new downtown/commercial developments, the advanced
manufacturing/high-tech industry, or international business writers looking to
spotlight a U.S. community.
Objective: Coordinate a Press Trip of 3-5 journalists. DCI would send
invitations, lock in journalists, brief spokespeople, and work closely with The
City of Round Rock to arrange itineraries for each journalist.
Page 6
C. Support Travel Schedules of Mayor Maxwell and Nancy Yawn: Similar to what
we've done this last year, DCI will be available to arrange, when possible, media
and/or site selection consultant appointments in appropriate markets on behalf of
Nancy Yawn and Mayor Maxwell. For instance, if Nancy Yawn is traveling to
Atlanta for a CoreNet conference, DCI will seek to arrange 1-2 interviews in that city.
Objective: Seek to set up media/site selection consultant appointments in
conjunction with travel agendas of Nancy Yawn and/or Mayor Nyle Maxwell.
D. Seek Out Op-Ed/Speaking Engagement Opportunities for Mayor Nyle Maxwell:
Given the Mayor's solid vision for the future of Round Rock and his terrific ability to
articulate that vision, DCI proposes arranging either: 1) One op-ed piece on a national
trend, an important news story out of Round Rock, etc., which DCI would ghostwrite
in coordination with the Mayor's team, and place in a major national media outlet, or
2) Arrange for the Mayor to speak at a major conference, for instance, at an
International Economic Development Council (IEDC) conference or at the Rotary
Club of Dallas on an appropriate topic.
Objective: Arrange one major speaking engagement for Mayor Maxwell or place
one op-ed piece by the Mayor in a national publication; maximize public relations
potential via reporter attendance and post -speech interviews.
E. Bringing Individual Journalists to Round Rock: In our 43 -year experience, we've
found that there is nothing quite as effective as seeing the "product" firsthand. We
would seek to schedule 1-2 journalists for visits to Round Rock, focusing on the
Texas bureaus of national media outlets, where they would meet with local business
and community leaders.
Objective: Work closely with Nancy Yawn and the City of Round Rock to
determine national trends, local surprises and real "news" that would interest a
national reporter. Lock in 1-2 reporters from national media outlets, particularly
focusing on Texas-based reporters, over the course of the program. DCI would
develop and place the invitation to the reporter, coordinate all correspondence,
assist in setting up the interviews for the visit and conduct all follow up.
F. Ongoing Public Relations: Because of DCI's unique role in working with the media
as a resource, we're often in the position of suggesting interview contacts for
journalists working on national stories. We'll continue to offer Round Rock business
leaders as sources. Additionally, we'll continue to contact the media on a day-to-day
basis informing them of Round Rock relocations, expansions and unique selling
points.
Objective: On a regular basis, be in contact with journalists most likely to cover
Round Rock business stories. Work with them to spotlight Round Rock "news"
and national trends.
Page 7
G. Advice & Counsel: As we hope you've seen this year, everyone at DCI is available
as a resource when it comes to helping Round Rock succeed! DCI will be your
marketing partner and provide on-going advice and counsel on topics that range well
beyond our contract.
Objective: On a daily basis, be available to Nancy Yawn and the City of Round
Rock staff as a consultant on a variety of economic development related issues.
III. Optional Program Initiative
In addition to the above public relations/marketing program, below is an optional
program initiative for your consideration. A separate budget for this initiative is
included under Section V.
A. Round Rock Comes to New York: DCI will work with the City of Round Rock to
develop a sophisticated, exclusive event in New York for site location consultants,
targeted business executives, and media hosted by Round Rock leaders from the public
and private sector. The event can be held in a reserved suite at the concert of a local
Texas entertainer, such as Lyle Lovett who is playing Carnegie Hall, November 2003 or
at an appropriate Texas -themed venue. This high-level event will enable Round Rock to
accomplish the following:
1) Talk up Round Rock to key business decision -makers and the media;
2) Generate more enthusiasm for Round Rock's marketing initiatives;
3) Create greater visibility for Round Rock and its advantages for business.
DCI will draft suggested invitations, do follow-up calls to invitees, select the
venue/menu; participate in the event and conduct the necessary follow-up.
DCI or The City of Round Rock can print and mail the invitations; develop a list of local
leaders to attend; prepare name tags and take -away gifts for attendees; and, coordinate
logistics for travel to/from New York, including airfare and lodging.
Objective: Attract (approx.) 15-20 NY/NJ/CT-based business/consulting/media
leaders to this private, high-level event.
Page 8
IV. DCI STAFFING
DCI Senior Account Executive, Marissa Murray, will continue to serve as the day-to-day
manager of the program. DCI President Andy Levine remains as the account strategist.
V. TIMELINE AND BUDGET
15 -
We have signed this program as a twelve-month program, which would begin on
October 2003 and continue through September 30, 2004. Approximately 4 weeks
before the conclusion of this program, DCI will provide a detailed report outlining
recommendations for the program's future.
7.; 2.07
DCI time fees will be $6,545 per month, or a total of $� A detailed program
budget is found on the following page. DCI's professional fee of $6,545/month will be
billed at the beginning of each month. Expenses will be billed as they occur with
documentation; client payment is requested within 15 days of billing. Ordinary DCI
expenses (telephone, photocopying, overnight packages and other similar costs) and any
out-of-pocket travel expenses will be billed separately with appropriate documentation.
This agreement may be canceled by either party, DCI or the City of Round Rock, for any
reason upon 30 days' written notice to the other. The program shall continue on a month-
to-month basis after September 30, 2004 under the same terms and conditions herein
unless both parties mutually agree upon new terms of operation.
A separate budget for a Special Event in New York is included and can be billed
separately upon service rendered.
The following budget is divided into two elements: professional fees and projected out-
of-pocket expenses. The latter item involves considerable variation but represents our
current estimates based on recent experience. Your organization would pay only for
actual expenses; DCI does not charge mark-up on any expense items.
v�-
Page 9
DCUCity of Round Rock Editorial Placement
PROGRAM BUDGET
(October X 2003 —September 30, 2004)
15-
I.
5
I. Professional Fees
-- DCI Time Costs for Program Design and
Execution ($6,545/month x W months)
N.�
II. Ongoing Program Expenses
-- Ongoing Communication Expenses:
telephone, faxes, copying delivery
services, etc. ($250/month x 12 months)
- - Press Trip to Round Rock (3-5 journalists + 1 DCI rep.):
Flight: Approx. $800 x 6 participants = $4,800
Hotel: Approx. $100 x 2 nights x 6 participants = $1,200
- -DCI Travel to Round Rock
Flight: Approx. $800 x 2 trips = $1,600
Hotel: Approx. $100 x 2 trips = $200
-- DCI Travel Expenses for San Francisco Media Tour
Flight: Approx. $850
Hotel: Approx. $225/night
-- Miscellaneous/Contingency Fund
(10% of overall program expenses)
EXPENSE SUBTOTAL:
TOTAL PROGRAM:
76,2 19 7
$783540
$3,000
$6,000
$1,800
$1,075
$950
$12,825
$9365
X38,092
Page 10
III. Optional Initiative — Round Rock Comes to New York
A. Professional Fees:
--DCI time costs for event design and execution
B. Program Expenses
-- Cost of Venue, food
$7,500
$5,000
OPTIONAL INITIATIVE TOTAL: $ 12,500
Page 10
VII. The Next Steps
We believe the simplest way to signal acceptance of the above program is to sign and
return one copy of this letter.
Nancy, we're really excited about the opportunity to build upon the results already
achieved by "The City of Round Rock/DCI" team! We look forward to speaking with
you soon.
ally,
Andy Levine
President
e,74
04A4601/04A-7
Marissa Murray
Senior Account Executive
Accepted:
Title:
Date:
###