RES 2000-0201 - Agmt with interim MECA and Bozell Worldwide Inc for establishment of new arena and convention center t.
.�`1�'�� Law Department
�'1�1s.�,r.a �a+ Omaha/Douglas Civic Center
Z ,C'J 1819 Farnam Street,Suite 804
Omaha,Nebraska 68183-0804
p-rF (402)444-5115
AoR'rFn FEBR�r Telefax(402)444-5125
City of Omaha Paul D.Kratz
Hal Daub,Mayor City Attorney
Honorable President
and Members of the City Council,
The purpose of the attached Resolution is to approve an agreement between Interim MECA and
Bozell Worldwide, Inc. for publicity and marketing professional services in connection with the
new arena and convention center. The contract amount is $87,000 and will be paid from
Arena/Convention Center Fund 331.
Respectfully submitted,
a -025-3049
Jo AL el Date
Assistant City Attorney
•
Approved as to Funding: Referred to City Council for Consideration:
//24° /a-%
tanieY Mayor's- Date Ma or's Office/Title ' / Date
Acting Finance Director
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rrum- 1
T-287 P.002/008 F-550
Bozell
6otetl wonaynae.inc.
APverraing
13801 FNB Parkway
Omana.Neoraska 68154
402-965-4300
•
•
January 24, 2000 •
Mr. Dick Berry
Executive Director
Metropolitan Entertainment
& Convention Authority
1314 Douglas on the Mall, 15u) Floor •
Omaha, NE 68102
Dear Mr. Berry:
We hereby agree to act as your agent in connection with the preparation and placement of
advertising and communications materials as more fully, described below, and upon the
following terms and conditions: t
I. We agree to act as your advertising and public relations agent in connection with
the
planning, preparation and placement, in any and all fields and media, of all advertising
and communications materials authorized by you, including the
nd
engaging of facilities, media, and talent as may be required. No expe diturl sse wilabe
made by us for your account except upon your prior approval.
2. For our services and outlays on your behalf, the basis of our compensation
follows: P shall be as
•
a. • On all space, broadcast and other facilities purchased and talent engaged byus
on your behalf, you agree to pay us our gross cost, for space and facilities, the
published card rates therefore or such lower rates as we may be able to
negotiate on your behalf, and for talent, the engagement rate approved by you,
together with any taxes, insurance, pension and welfare fund contributions and
other similar payments applicable thereto. You recognize that we are a signatory
to collective bargaining agreements with the Screen Actors Guild and American
Federation of Television and Radio Artists, and that the hiring of talent by us on
your behalf will be subject to the terms of such agreements.
O. On all art work and mechanical items relating to media advertisin purchase
us for you on your authorization, electrotypes, stereotypes, 9 p p typography,
and other mechanical parts, you agree to pay us our gross cost.
c- Agency compensation for all services shall be based on an hourly rate of$700.00
for all professional services to include Account Service, Media Planning and
Buying, Public Relations, Research, Creative, Production, Interactive and Direct
Response.
pan-t .cc�u js:3uar T-287 P.003/008 F-550
d. You will reimburse us at cost for such outlays made by us for re uired t
costs, telephones, telegrams, .duplicating, express, freight, q raveling
ost
photocopying; and similar expenditures incurred by us on your behalf. a9e' taxes,
3. The following billing and due dates shall be in effect unless otherwise agreed upon between us: specified and
a. Newspapers: Newspapers are billed from contract or insertion order on the
twentieth (20th) of the month for all insertions duringthe
current o m nth.
b. Radio and Television: Spot radio and television time is billed from estimate on
the twenty-fifth (25th) of the month covering air dates for the entire month.
Networic radio and television time is billed from estimate on the fifteenth (15th of
the month covering air dates for the entire month:. )
As.all media will be billed from contract or estimates, all adjustments from actual
costs are made in the month fo(
following.9 Payment of
all
thirty (30) days from date of receipt media invoices is due
ceipt of invoice by client.
c. Production: At Bozefl Worldwide, inc., we use the "Progress Billing" basis. That
is, all costs incurred during the month are billed out to the client at the end of the
month. This billing is headed "Progress Billing" and the billable items are listed in
detail. This is done for each
succeeding
completed.
month until such time as the job is
As the client receives invoices at different times throughout the month, a
statement is sent on the,tenth (10th) of the following month listing invoice date,
invoice number, and amount of all unpaid invoices at the dosing of the previous
month. • This .statement is for the client's convenience to check that it has
received all invoices.
4. Nondiscrimination. Bozefl shall not, in the performance of this contract, discriminate
or permit discrimination in violation of federal or state laws or local ordinances because
of race, color, sex, age, disability, political or religious opinions, affiliations or national
origin.
Equal Employment Opportunity Clause. Annexed hereto as exhibit A" and
made a
part hereof by reference are the equal employment provisions of this contract
_
Amendments. Any amendments to contracts or purchases which, taken alone,
increases the original price as awarded (a) by ten percent, if the original bid price is
5150,000.00 or more, or (b) by $75,000.00 or more, shall be approved by the city
council in advance of the acceptance of any purchase in excess of such limits or the
authorization of any additional work in excess of such limits. However, neither contract
or purchase amendments will be split to avoid advance approval of the city council.
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3:51amrrom- T-267 P.004/008 F-550
The originally approved scope and primary features of a contract or purchase will not
be significantly revised as a result of amendments not approved
council. The provisions of this section will be quoted iinall futurreacity contacts
Nothing in this section is intended to alter the authority of the mayor under section 5.16
of the charter to approve immediate purchases.'
Contractor. Bozell Covenants that they presently have no interest and shall not
acquire any interest, direct, or indirect, which would conflict with the performance of
services required to be performed under this contract BoZeil further convenants that
in the performance of this agreement, no person having any such interest shall be
employed.
Assignment. Bozell may not assign its rights under this contract without the express
prior written consent of the City.
Budget. Annexed hereto as Exhibit B is the estimated budget in the amount of
$87,000 plus outside costs for newsletters, brochure or other collateral materials.
5. We agree that any and all contracts, rrespondence, ooks, accounts, an sources of information relating to your bus business shall be aval b p
le for inspection n a our
r
office by your authorized representatives during ordinary business hours upon
reasonable prior notice by you to us of your desire to inspect same.
6. The term of this agreement will commence on January 24, 2000. Either ma
terminate this agreement. Any notice of termination by either partypartyy
in
writing by registered or certified mail to the otner p a . not less than ufo befiveen(45)
days pnor to the date of termination. �'-
The rights, duties, and responsibilities of the parties hereto shall continue in full force
until the expiration of the term, including the ordering and billing of advertising in
media, the closing or air dates of which fall within such period.
7. Upon the termination of this agreement, no rights or liabilities shall arise out of
this
relationship, regardless of any plans which may have been made for future advertising;
except that any uncancelable contracts made on your authorization and still existing at
the expiration of the term shall be carried to completion by us and paid for by you in
accordance with the provisions herein, unless mutually agreed in writing to the
contrary.
8. Upon the termination of this agreement, we shall transfer, assign, and make
to you or your representative all property and materials in our possession or contbrol
belonging to you and paid for by
cooperation toward transferring, with the approval-also
ree of gthird parties allto i terra ale
ll
reservations, contracts, and arrangements with advertising media or others for
advertising space, radio and/or TV time, or materials yet to be used (including
uncancelable contracts), and all rights and claims thereto and therein, upon being
released from the obligations thereof. However, at termination, unused or unpublished
advertising plans and ideas prepared by us and not paid for by you shall remain our
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T-28T P.005/008 F-550
Ii:;: 1 am From-
5
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property, regardless of whether or not the physical embodiment of the creative work is
in your possession or is in the form of copy, art work, plates, etc.
. .•
•
9. We covenant and agree that we and our subsidiaries:
a. Shall keep confidential any and all information concerning your business and
operation which becomes known to us by reason of the performance of our
services as your advertising agency, and which information you advise us in
writing that you consider to be confidential in nature;
b. Shall not disclose any such confidential information to any person outside of our
employ, unless to do so is required in connection with the performance of our
,services, and in such event we agree to utilize our best efforts to obtain from any
• such suppliers a similar agreement to maintain such information as confidential;
'and
c. Shall obtain from our employees, who in the"performance of services on your
• behalf may become privy to any such confidential information, a similar covenant
and agreement to keep confidential all of such information.
If the above meets with your approval, kindly indicate your consent hereto by signing where
indicated below.
Very truly yours,
Bozell Worldwide, Inc.
•
By c=4)/2 .__e 41— ' •
Title.
AcCEPTED AND AGREED
METROPOLITAN ENTERTAINMENT
& CONVENTION AUTHORITY
By
Date
4
Jan:21`-2000 ;03:52am From- T-287 P.006/008 F-550
Bozell Worldwide
Go��n wer.ew, e 1rc
dJ,C r fis.:v S Puma:Adl.,pin;
13301 FNc?ark.va.,
.102.965-=20o
EXHIBIT A
DATE: January 6, 2000
TO: All Employees and Applicants for Employment
P yment
FROM: Mike Schultz and Ellen Moran
RE: STATEMENT OF UAL E OYMENT OP O UNITY POLICY
We wish to take this opportunity to make clear to all concerned our personal position, as well as that
of the companies of True North Communications, regarding equal employment opporninity.
It has been and will continue to be the policy and practice of the companies of True North
Communications not to discriminate against:any applicant or employee because of race, color,
religion, sex, sexual orientation, age,national origin, ancestry,disability, marital status, medical
condition, or because he or she is a disabled veteran of the Vietnam Era. The companies of True
North Communications will take Affirmative Action to ensure that this is applied to every phase of
the employment process, including recruiting, hiring,
transfers, discipline and termination, layoffs. recalls, and agencysponsored educational, socion, al,
a benefits,
recreationa1 programs. and
It is also the policy of the companies of True North Communications to maintain a working
environment free of harassment or intimidation. Sexual harassment, verbal or implicit, any other
type of harassment or intimidation, is considered a violation of policy.
All employment and promotion decisions arc to be made on the basis of job related criteria, and all
such decisions are to be made so as to further the principal of equal employment opportunity.
We have assigned to Joann Smith, Human Resources Director,
planning and monitoring the implementation of our equal employmenta primaryopportunity
responsibilityunifyoc for
be given full support in this assignment and will report on our Oropportunity policy. She will
PEEO progress_
Tne companies of True North Communications believe that performance towards affirmative action
objectives will benefit the business through fuller development
We will expect your continued assistance and support in ngourbectiviceson t of`equal urces.
employment opportunity.
Best regards.
•
?RiNCtr:.L CITIES TNROuGn'uT TnE
a Try Henn Comm�n.e ,,,.rc Inc Ct11.1..3n,
Jan-21=2000 03:52am From- T-287 P.007/008 F-550
Bozell Worldwide {+
(.3."O1 FNn P3/nwly
January 24, 2000 Rn,.q o,R_n -
en.cr
Mr. Richard Berry ' -Metropolitan Entertainment and
Convention Authority
1315 U.S. West on the Mall
Omaha,NE 68102
Dear Dick: EXHIBIT 8
This rletter serves as an addendum to the Bozell Omaha contract with MECA for
advertising and public relations services, and details the estimated budget parameters our
agency believes will be required to complete various projects on behalf of your
organization.
After discussions with you and a review of the anticipated projects, we have listed the
budget estimates under three main categories... Public Forum Publicity, MECA Writing
and Collateral Support, and MECA Public Relations Counsel. As indicated in our
contract, all Bozell Omaha professional services will be billed at an hourly rate of$100
for professional staff time. Administrative support staff time will be provided at no
charge.
Public,Forum Publicity
Bozell Omaha will develop a publicity plan to effectively inform the citizens of
Omaha regarding the three MECA public forums scheduled throughout the city. The
publicity plan will be designed to make Omaha citizens aware of the times and locations
of each forum, as well as the opportunity to learn more about the proposed May 9 bond
issue:
The publicity plan will include writing, designing and placing newspaper
advertising in several Omaha newspapers; writing,
b producing and distributing a radio
public service campaign to all radio stations in the area, as well as developing a direct
mail postcard for organizations to use in notifying members.
In addition, news releases will be produced and media interviews arranged to
generate additional publicity before each forum. In addition, Bozell will provide on-site
staff to coordinate Iogistical elements and work with the media and public during each
forum.
•
Estimated Advertising Budget— S42,000
Estimated Production Costs -_ $16,000
•
Jan-21=2000' 03:53am From- T-287 P.0081008 F-550
MECA Writing and Collateral Support
Bozell Omaha will provide professional writers to assist MECA in the
development of newsletters, brochures and other collateral materials to inform the public
about the facts regarding the convention center and arena project.
Bozell will also assist MECA staff and directors in the writing and production of
speeches and presentations, web site material as well as any guest editorial opportunities
that'are available.
Please note this budget does not include the outside costs for newsletter,brochure
or other collateral materials. These costs cannot be estimated until MECA has
determined the specific materials they would like produced and the quantity,required.
Estimated Professional Writing Budget-- $10,000
MICA Public Relations Counsel
Bozell Omaha will provide public relations professionals to assist the MECA staff
and directors in developing a proactive communications campaign to keep the public and
news media informed about the convention center,and arena project.
Public relations cormuunicationsefforts,will include helping to arrange,
coordinate and conduct project briefings with the news media, area organizations,
neighborhood groups,.elected officials and members of the public.
Arrange and conduct news conferences by MECA officialsto announce key
developments regarding the project.
Coordinate news media interview requests, and schedule MECA officials on
various broadcast talk shows.
In addition, we will assist with other special situations that may occur regarding
news media or public requests.
•
Estimated Public Relations Counsel Budget-- S19,000
Estimated Budget Summary
Public Forum Advertising -- . $42,000.
Public Forum Production — S16,000
Professional Writing Support-- $10 000
Public Relations Counsel — S19,000
Total Estimated Budget- 587,000
TnTr,. o rac
•
15 ' CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Interim Metropolitan Entertainment and Convention Authority
(Interim MECA) was established by ordinance of the Omaha City Council to assist the City in
the establishment of a new arena and convention center; and,
WHEREAS, Interim MECA desires the assistance of professional services in the
area of publicity and marketing for such new arena and convention center; and,
WHEREAS, attached hereto is a proposed agreement between interim MECA and
Bozell Worldwide, Inc. in the approximate amount of $87,000 for the provision of such
professional services; and,
WHEREAS, Arena/Convention Center Fund 331 has been established to provide
payment for expenses of Interim MECA authorized by the City of Omaha; and,
WHEREAS, approval of such agreement is in the best interests of the citizens of
the City of Omaha.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF.THE
CITY OF OMAHA:
THAT, the attached agreement between the Interim Metropolitan Entertainment
and Convention Authority and Bozell Worldwide, Inc. in an amount not to exceed $87,000 for
marketing and publicity services for establishment of a new arena and convention center is
hereby approved and the Finance Director is authorized to make payments in accordance
therewith from Arena/Convention Center Fund 331.
APPROVED AS TO FORM:
P:\LAW\8282maf.doc
ITY ATTORNEY DATE
B au-002
Wy
Councilmember
Adopted J 2 5 2000 with the understanding that we accept Mr. Parrott's repre-
G sentations -that he will negotiate the best
possible advertising rates, -arid they will not
ity Jerk ch ge the City of Omaha professional fees for
si : g of meetings Carried 5-2
Approved p ee9Nays: Monahan, Brown
ACTING Mayor
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