Item E5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JUNE 15, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of CPI increase for McCluskey Associates International.
ITEM BACKGROUND:
TDC approved same at their meeting of May 3, 2000.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved FY 2000 budget at their meeting of September 22, 1999.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $1,600
BUDGETED: YES
COST TO COUNTY: $1 ,600ITOURIST PAY
APPROVED BY: County Attorney _ OMB/Purchasing_ Risk Management
DIVISION APPROVAL:
Lynda M. Stuart
(Type/print name)
DOCUMENTATION: Included: X To Follow: Not Required
Agenda Item #~
\ !hJ)~
~'.r
TU[ [LORIDA Kns & K[Y W[ST
eomE a~ you au"
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
MEMORADUM
DATE:
May 25, 2000
TO:
FROM:
Monroe County Board of County Commissioners
Harold Wheeler, Marketing Director
RE: McCluskey Associates CPI
The Monroe County Tourist Development Council's (TOC) public relations agency, Stuart
Newman Associates has a sub-contract with McCluskey Associates International (SMI) to
provide services in Europe on behalf of the TOC.
Even though this is a sub-contract by Stuart Newman Associates, the contract includes a
clause requesting the TOC and the Board of County Commissioners approval of an annual CPI
increase.
The CPI would be a 1.6% increase of $100,000 fee equal to $1,600. This $1,600 increase
would be allocated from the current reimbursement budget for Stuart Newman Associates and
would not increase their annual budget. This increase would be retroactive to October 1,
1999.
'P.O. Box 866, Key West, Florida 33041 U.S.A. (305) 296-1552 Fux: (305) 296-0788
http://www.f1u-keys.comKeysSules@uol.com
STUART NEWMAN ASSOCIATES
MEMORADUM
DATE:
April 20, 2000
TO:
Monroe County Tourist Development Council
FROM:
Stuart Newman, President
RE:
McCluskey Associates CPllncrease
Please consider this as a request for approval of a clause in the sub-contract between Stuart
Newman and Associates (SNA) and McCluskey Associates International (*SMI) providing for
public relations services in Europe on behalf of the TOC. This said clause is subject to
approval by TOC and the Board of County Commissioners. This clause provides an annual
increase in SMl's professional service fee based upon the current South Florida CPI and it
retroactive to October 1, 1999. Please note that funding of this item will not result in any
increase in the annual TOC budget for public relations.
Agreement for Services
'.
This document is a Contract for professional' public relations services on behalf of
Monroe County, Florida, (USA) Tourist Development Council (TDO in promoting in
the United Kingdom and Europe (with concentration on Germany, Italy and France) the
Florida Keys & Key West tourism products.
The Co:ntract will be between McCuskey Associates International (M&A), 50 Suli van
Roa~London 5W6 3DX, England and Stuart N~wmanAS&ociates (SNA), Inc., 3191 Coral
Way, Suite 204, Miami, PIa. 33145, USA, as Public Relations Agency of Record for mc
In fulfilling the Scope of Work of this Agreement, M&.A agrees to:
1. Provide publicity, promotional and marketing services for the Florida. Keys and Key
West throughout the United Kingdom and Europe on a regular basis targeting major
consumer travel magazines and newspaper travel sections and in travel trade
publications cmd broadcast placements. Such services are to be outlined as a facet of an
annual' public relations plan for the mc and include, but are not limited to:
development, distribution and placement of releases to consumer and travel trade
media; 'placement of photographs, video tapes, or slides where applicable; development
and maintenance of media kits for each of the markets; story books and other related
material as provided by SNA; and Crisis communications programs, when needed
Releases and photo captions will be edited, ore-written and translated as necessary by
M&A to conform with local usage in the various countries. Releases are be approved by
SNA prior to distribution. Arranging for photocalls, when applicable, will be among
M&A responsibilities with reimbursement for authorized photography by SNA.
2. Additional duties of M&A include prOP05ing stoty and photo themes of interest to UK
and European audiences. identifying Florida-bound journalists who might be persuaded
to visit the Florida Keys during their North American travels and. organizing, with SNA
assistance, the media movements of travel journalists in the United Kingdom, Germany,
Itlay and France as defined by the curret year's public relations plan. M&A will make
every effort to secure a cooperating ai.rUne for the above group movements, but can not
gwu:antee an air carrier's, participation. Individual joumalist trips for the previous
markets are also to be developed Coordination with public relations officers of Florida-
served airl1nes, Visit USA, Visit Florida and other Florida representation offices is
included among M&A responsibilities.
3. M&A to provide public relations support for TOC Sales and Marketingrepresentatives
at major international trade shows in the UK and Europe in which TDC participates.
M&ft specifically is to provide a staff person. familiar with the Florida Keys & Key. West
product. in th~ Toe bpoth during regular show hours.
Continued>>>
\^greemftlt 101" MI'Y1Ce5-1:0nUDUeQI
-2-
.
4. M&A will provide a monthly report of all UK and European activities on behalf of the
Florida Keys & Key West including press clippings (cuttings) from appropriate media and
video or radio "air checks" when available.
5. An M&A executive will meet with the USA agency and! or with IDC's public relations
committee andJ or the Council as a whole, at least twice annually. These meetings can be
in conjunction with the projected media fam trips or during travel trade shows,
described on the previous page. The MAl TOC account supervisor and MA! mc account
executive will visit the Keys a minimum of two times during the fiscal annum.
MAl mc German, Italian and French representatives will visit the Keys at least once
during the fiscal annum. These can and should be during projected media fams or
assisting with t'espective mat'ket broadcast production g4OUps.
6. . McOuskey &. Associates agrees to maintain appropriate liability and special
indemnification insurance of at least 1 million British pounoo as well as agrees to
indemnify Stuart Newman Associates; Inc., Monroe County Tourist De\l"elopment
Council and Monroe County Board of County Commissioners for any losses or claims
which might arise under the terms of this agreement.
7. This contract will extend from October 1, 1998 through September 30, 2001, according
to the following agreed upon fee schedule:
Ye.u 1: For the 12 months from. October 1, 1998 through September 30, 1999, a
total of $100,000, payable in monthly installments of US $8,333.33 billable at the end of
each month .
Year 2: For the.12 months ftom October 1, 1999 through September 30, 2000, a
total of $100,000 payable in monthly installments of US $8}333.33, billable at the end of
each month, subject to an increase based upon the applicable CPI (Consumer Price Index)
as detennined by the TOC and Monroe County, Florida. Fee to be payable in monthly
installments of US $8,333.33, plus monthly pro-rata amount of any applicable CPI
increase, billable at the end of each month
l'eoU" 3: For the 12 months from October 1, 2000, through September 30, 2001, a
total of $100,000, subject to the aforementioned CPt increase, payable in monthly
installments of US $8,333.33, plus accumulated pro-rata CPI increases, billable at the end
of each month.
Year 4: In the event that the renewal option of the master agreement between
Monroe County BO(JXd of CO'lUlty Commissioners (MCBBC) and Stuart Newman
Associates (SNA), dated 21 September, 1998, is exercised by the MCBBC then SNA may
elect to extend this agreement for one additional year under the same terms and
conditionG, provided that SNA provides to M&A written notice of its election of this
option no later than June 15, 2001. In this event, the fee for the 12 months from October
1, 2001 through September 30, 2002, , will be a total of $100,000, plus any accumulated pro-
rata CPl increases; payable in 12 equal monthly installments the total amount of. which is
to be determined. .
Co~tinued>>>
..
-3-
7. Termination: In accordance with the master contract, either SNA or M&A sha I have
the right to cancel this contract at its sole discretion upon proViding ninety (9 ) ~ys
written notice to the other party. In the event of such a termination, M&:A shaH. .eliver
to SNA <ill papers, photographs and other materials related to the wOrk performed under
this contract to date prior to receipt of fiIlClI payments for tees and authorized expel' ;es.
B. Expenses fur each 12'.month period may not exceed an amount as determined n the
annual public relations plan (which is approved by the TDC and Board of ( ounty
Commissioners) to include.such items as printing and release reproduction. cl pping
service, mailing and. postage of releases and photos in the designated countriE oj any
photography required in the UK and Europe; providing public relations support in all
UK and European travel trade shows the TDC participatesinj travel within the ~ !rvice
atea, entertainment of rnedia under roc guidelines; reduced-rate journali t air
transportation when approwd by SNA and complimentary is not available; anc such
items as genendly are required to fulfill publicity and promotional responsil: lities.
Authorized expenses will be reimbursed as soon as possible after receipt of m( nthly
invoices, ~ct to prQpPf' support:ix)g dOCtJme,,~ in accordance with Monroe C >Unty
specifications. .
9. Agency travel to the Florida Keys, when directoo.by SNA and not included in ai .line-
participation will be reimbursed, when. not pre.-paid in the USA.
10. Expenditures ~X~ S2S0 U.S. must be approved in advance by SNA.
11. Payments will be rendered in U.S. Dollars and will be payable. wherever direct d by
M~. .
.12. An Account Super~5or, Account fi~ecutive arid on~location German, !taltal and
Frenc:h public relations representatives satisfactory to SNA will be designated by M&t \.
13. This agreement is govemed by the generallimitatio11S of SNA's current contract .vith
Monroe County which includes a prohibition against publicity representatio t of
individual re50rts Ot attractions within Monroe County, or other Florida destina1 OIlS,
. unless approved in advance by TOC.
14. This Agreement may be ameuded as needed by mutual con$ent of M&:A and ~ \TA,
subject to the approval of TOC and the Board of County ConuniS6ioners of Mo troe
COWlty.
Signed and agreed upon this 30th day of Septembetr 1998.
McCWSKEY ASSOCIATES
~\'f\. ~
"-_\-:"__),J.._-:_
GROWTH MANAGEMENT LmGATION REPORT
TO:
BOCC; Jim Hendrick; Tim McGarry; Jim Roberts
FROM:
Karen K. Cabanas, Esq.
DATE:
June 14-15,2000
Vacation Rentals
Neumoot (Class Action) - District Court will likely dismiss Plaintiffs' premature enforcement
claims again based on finality ofRathkamp appeal; Monroe County's motion to dismiss and
motion for protective order have been fully briefed and are still pending. ($11,130.75 as of May
31,2000).
Below-Flood-Elnation ViolatioDs
~
Beattie - Declaratol)' action regarding whether Monroe County is barred from enforcing prohibitions
against below-BFE enclosures due to statute of limitations or other time-barrin~ doctrines. Summary
judgment on issue of statute of limitations was heard on May 21, along with La Torre oral argument.
Awaiting ruling from Judge Payne. ($9,455.00 as of May 31,2000).
LaTorre - (Case being handled by Bill Friedlander, Esq.) Code enforcement appeal challenging
whether Monroe County is prohibited from enforcing BFE regulations due to statute of limitations.
See Beattie (above).
Takinl!J Claims
New Port Largo - State "physical occupation" takings claim that had been remanded back to state
court when federal claims were dismissed. Case has been bifurcated to separately decide issues of
liability and damages. ($8422.00 as of May 31, 2000).
Shadek - Takings claim for 570 acres of North Key Largo property based on the former Major
Development Moratorium. Trial has been continued and re-set for February, 2001, at request of all
parties due to the lack of a permanent judge in the upper Keys division. Monroe County anticipates
requesting additional discovery and taking depositions in preparation for trial. ($87,400.75 as of May
31,2000).
Sil!DS & Billboards
Republic Media/Outdoor Systems - Declaratory action claim filed by billboard owners challenging
applicability of Post-Hurricane Emergency Permitting Policy and the billboard valuation schedule
pursuant to code regulations prohibiting repair of non-conforming billboards damaged beyond 50010 of
their value. Monroe County is seeking discovery requests regarding existing billboards and the work
than has been done without pmnits. ($12,771.50 as of May 31, 2000).
Stoky - Plaintiffs have filed two separate appeals ofPlanrUng Commission's decisions affirming the
denial of two after-the-fact building permits (1) for reconstruction of porch and deck structures and
(2) for re-construction of a non-conforming sign. Monroe County's Answer Brieffor porch & deck
is tentatively due June 16th. Plaintiffs have been granted extension of time to file Initial Brief on sign
appeal. ($2,175.00 as of May 31,2000)
Perry's (Key Largo) - Declaratory action almost identical to complaint filed by Republic Media &.
Outdoor Systems challenging Post-Hurricane Emergency Permitting Policy and it's application to
billboards. Temporary injunction has been automatically dissolved due to dismissal of the Republic
Media appeal. Code enforcement violations may now be set for hearing. ($1295.00 as of May 31,
2000).
Other Matten
Taxpayers for Electrifiation of No Name Key - Declaratory, vested rights, and ~1983 claims
challenging Monroe County's policy that installing commercial electric service to No Name Key is
prohibited by the 2010 comprehensive plan. Monroe County's Motion to Dismiss was heard by
Judge Taylor; awaiting ruling. Also awaiting discovery responses regarding Plaintiffs' vested rights
allegations. ($4,082.00 as of May 31 J 2000).
Oay (Big Pine Moratorium) - Complaint filed against Monroe County alleging various claims
(takings, vested rights, etc.) based on the de facto building moratorium on Big Pine due to the traffic
level of service. All county regulations have been complied with (ROGO allocations have been
granted); only state concurrency and Endangered Species Act are preventing development at this
time. Monroe County has filed a motion to dismiss on the grounds that any liability created by these
regulations (Chapter 163 concurrency and Endangered Species Act) should be borne by the agencies
charged with enforcing those regulations. Plaintiffs' Petition fOf Writ of Mandamus will be heard
August 3. ($2662.50 as of May 31,2000).
GaReon Bay - PlaintifFhas filed Petition for Certiorari review ofBOCC's decision to deny vested
rights application. Monroe County's response was filed November 15111. No hearing has been set.
($1695.00 as of May 31, 2000)(does not include prior Galleon Bay matters).
Ambrose - Declaratory action claiming vested rights under' 380.05(18). Defendants Monroe
County, DCA, and Islamorada have filed their Initial Brief appealing Judge Payne's order granting
vested rights to platted lot owners. Defendant has filed a Motion to Dismiss for Lack of Jurisdiction.
Plaintiffs will file a joint response opposing that motion which challenges the right to appeal a non-
final order. ($32,932.25 as of May 31,2000).
2
Florida Keys Medical Complex - Declaratory action case regarding Code regulations dealing with
shared and off-street parking. (whether a variance is required under Plaintiff's Shared Parking
Agreement with the Elk's Lodge). Marathon HMA has appealed Judge Taylor's Order denyingtheir
motion to intervene and abating their administrative appeal in which they had the initial variance
granted by the Planning Commission reversed. Appeal was denied by Third District Court of Appeal.
($2750.75 as of May 31,2000).
Penoual Watercraft Illdustry Assoc. - Complaint for Injunctive and Declaratory Relief
alleging watercraft restriction zones Ordinance are \1nconstitutional under commerce clause and
supremacy clause. Cross-Motions for S\1nunary Judgment were denied and case has been set for
trial. Awaiting response from NOAA regarding whether any Personal Watercraft re8\Jlations will
be adopted 1JDder National Marine Sanctuary. Ii so, Monroe County's existing ordinance will
likely be pre-empted and may be repealed, rendering this case moot. ($21,248.oo as of May 31,
2000).
Royal Plum CODdomioi1lm AssocianoB - Complaint for damages in which Plaintiffs claim they
are being wrongfully double-charged by being assessed an ann\1al solid waste fee by the County as
well as additional collection fees from Marathon Garbage Service, a contractor for the Municipal
Service District. Trial date has been continued. Parties will conduct court-ordered mediation.
($3,037.50 as of May 31,2000).
Tropic Leisure Recrcatiod - Complaint regarding property on Upper Matecumbe in wbichPlainti1fs
claim they were denied building pennits for new construction. Plaintiffs have filed suit against
Islamorada and Monroe County. Monroe County's Motion to Dismiss was filed March 24th. Case
has been removed to Federal District Court and Motions to Dismiss are pending. ($1,282.50 as of
May 31, 2000).
3