Loading...
10/01/1986-09/30/1989 C V J p.9 air, i • ;:•,. i,. �,,�� io C 04.4441 .1 , flannp 11. 1otIjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE 3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379 MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070 TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 852 -9253 TEL. (305) 294 -4641 M E M O R A N D U M To: County Attorney From: Danny L. Kolhage, Clerk Subject: Stuart Newman Associates, Inc. Date: September 9, 1986 • On August 8, 1986, the Board of County Commissioners approved execution of an Agreement for professional services by and bet- ween Monroe County and Stuart Newman Associates, Inc. Attached hereto are two fully- executed copies of said Agreement. Danny L. Kolhage Clerk by Rosalie L. Co'nolly Deputy Clerk Attachments cc: Finance Department ale • AGREEMENT THI`- AGREEMENT is entered into this 8th day of August, 1986, by and between Monroe County, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY' and Stuart Nr wrnan Associates, Inc., a Florida corporation, herein- - after referred to as the "FIRM ". W I T N E S S E T H: WHEREAS, the COUNTY authorized and directed the County Mayor /Board Chairman to enter into this professional services agreement with the FIRM, by motion of the Board of County Commissioners on the 8th day of August, 1986. TERM: The term of this Agreement is for a period of thirty -six (36) months commencing October 1, 1986, and terminat- ing September 30, 1989, subject to Section 12 herein. 1. SERVICES: The FIRM agrees to provide public relations, publicity services and press relations on a state, national and international basis. This includes research, development of stories, media events and media familiarization tours of Monroe County, and fulfillment of requests for stories and photographs by media. Compensation shall be paid by the COUNTY to the FIRM for staff services, or contract services through the FIRM, for . research, story and photographic development, special event planning and concepts, preparation of news and feature stories on or reflecting on tourism in Monroe County, establishing and rnaintatning contacts with press and broadcast media; distribution o stories and photographs; preparation of press kits; represen- tation of tourism in Monroe County at appropriate media seminars; coordination with State and United States government tourism agencies; coordination with the private sector in attracting 'press and broadcast media representatives to Monroe County; escorting such representatives on familiarization tours; arrang- ing and coordinating on- the -spot coverage of sites and events in Monroe County by working press and broadcast representatives whenever appropriate; preparation of newsletters or bulletins reflecting on tourism in Monroe County; maintaining of appropri- ate press and magazine clippings and broadcast coverage; and ', 'counseling the Monroe County Tourist Development Council ( "COUNCIL ") on current trends on tourist development. 2. To accomplish the above objectives, the FIRM agrees to plan and implement a total public relations, publicity and promotional program for the Florida Keys and Key West, Monroe County, including the services and activities specified and all . other activities involving publicity and promotional techniques which will assist in escalating state, national and international recognition of the Florida Keys and Key West, Monroe County, as a tourist destination. 3. COMPENSATION. It is agreed that total costs of staff and contract services to include an account supervisor, account executive, staff and freelance writers, public relations media coordinator and various clerical services will be One Hundred Thousand ($100,000.00) Dollars annually. In addition to the cost of staff and contract services, the FIRM will be reimbursed for all actual expenses incurred for reproduction of releases and contract photography, su lies mailing photographs, PP � g and dis- tribution charges, postage and shipping, travel and transporta- tion expenses, entertainment of media, seminar and conventional registrations and other expenses necessary for the fulfillment of this Agreement. It is further agreed that such expenses will be budgeted annually in advance and are to be reimbursable only when properly authorized in advance in writing by the COUNCIL. 4. The FIRM shall submit to the COUNCIL monthly billings for one - twelfth (1/12) of the annual fee for staff and contract services and for all other charges incurred during the previous month for which payment is due from the COUNTY as authorized under this' Agreement. The COUNTY shall be responsible for payment of all authorized fees and costs due the FIRM while. this Agreement is in force. If COUNTY pays any invoice for media space on or before the due date thereof, so as to enable FIRM to obtain any cash discount offered by owners of such media, FIRM shall credit COUNTY with the full amount of such discount. 2 • 5. KEY PERSONNEL: A) The FIRM agrees to assign a public relations account executive acceptable to the COUNCIL, who will devote such time and effort as necessary to the COUNTY's account, on a priority basis, including full -time when required. Duties of the account executive will include contact, as required, with the Vice-Chairman of the COUNCIL; the Chairman of the Advertising Committee or other designee. Other duties include regular visits to major tourism centers throughout Monroe County; consultations with COUNCIL Advisory Committees from the five (5) districts and /or Chambers of Commerce within the Keys' participation in, and coordination of, media planning, coordination of production and traffic activities within the FIRM, coordination liaison with Mail Fulfillment Services on behalf of COUNCIL and liaison with private sector resort attractions and allied tourism - related fields in Monroe County, coordination of various public relations activities. In addition to inter- agency responsibilities afore- mentioned, the account executive also will provide liaison f between the Treasurer of the COUNCIL and Controller of the FIRM. B) At least one (1) representative of the FIRM shall attend up to two (2) meetings of the COUNCIL per month. If the COUNCIL desires more representatives of the FIRM or more than two (2) - meetings per month, the.FIRM's additional travel expenses shall be billed to and paid by the COUNTY. 6. ANNUAL PUBLIC RELATIONS PLAN: The FIRM shall supply the CO1?NCIL with a Public Relations Plan on an annual basis to establish the goals and objectives for the coming year. This Plan is due for presentation at the annual COUNCIL Advertising Committee meeting. Additionally, FIRM shall provide the COUNCIL with an outline of anticipated activities. 7. PUBLIC RELATIONS AGENCY OF RECORD: The FIRM shall act as the agency of record of the COUNCIL for the preparation and placing of all of the latter's public relations, except as mutually agreed otherwise, and for the performance of related or special services as requested by the COUNCIL. S. QUARTERLY REPORT:' The FIRM, agrees to prepare a quarter- ly record of activities and submit such to COUNCIL. 3 9. TRAVEL REIMBURSEMENT: As part of its budget for this Agreement, reimbursement for travel on behalf of the COUNCIL shall be by the rates established by Florida law and County Administrative Orders. 10. NEWSLETTER: The FIRM will prepare a bi- monthly Newslet- ter to he distributed to all contributing establishments, Chamber of Commerce, local government officials, county media and Florida trade media. All non- editorial costs of production of this newsletter will he reimbursed to the FIRM under Section 11. 11. APPROVALS AND CHANGES: The COUNCIL shall have the sole and exclusive right to approve, modify, reject, or cancel any all plans, proposals, submissions and other work in process, in which event the COUNCIL's directions shall be immediately imple- mented. However, nothing in this Agreement shall be construed as requiring the FIRM to violate any contractual commitments to media made on the COUNCIL's behalf. All contractual commitments • to media require the COUNCIL's prior written approval. The COUflCIL shall only be liable for charges approved in writing prior to the FIRM's entering into such contractual commitment. The performance of all services between FIRM as described • and otherwise provided under this Agreement will be in full . cooperation with and under the direct supervision of the COUNCIL. • Whenever approval is required from the COUNCIL, said approval shall he in writing from the Chairman, Vice Chairman, Administrative Director or a designee. Whenever approval of the COUNTY is required pursuant to this Agreement, the approval of the COUNTY Mayor /Chairman, or designee, will be deemed sufficient. 12. TERMINATION; RENEWAL: Following a six (6) months 'probationary period; either party shall have the right to:cancel this contract at its sole discretion upon sixty (60) days written notice to the other party. FIRM shall deliver to COUNTY all papers and other materials related to the work performed under this contract upon termination thereof. The COUNTY shall have the option to extend this contract for a period of one (1) additional year upon the same terms as 4 nothing contained herein shall be construed to create the re- lation of principal and agent or employer and employee, between COUNTY and FIRM. 14. DISCLOSURE OF FINANCIAL'INTERESTS: The FIRM agrees to • disclose within thirty (30) days of the execution of this con- tract, any existing financial interest in the business of its suppliers or providers utilized in fulfillment of this Agreement and shall disclose said interests as they may arise from time to time. 15. APPLICABLE LAW; VENUE: This Agreement shall be governed by and construed according to the laws of the State of Florida and all actions brought under or pursuant to this Agreement shall be brought in a court of competent jurisdiction in Monroe County, Florida; provided, however, that the parties may agree in writing to amend this section to provide for a binding determination through arbitration. 16. ENTIRE AGREEMENT; AMENDMENTS: This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this • Agreement shall be in writing signed by both parties. 17. SEVERABTLITY: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the applica- tion of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each pro- vision of this Agreement shall be valid and enforceable to the fullest extdnt permitted by law. IN WITNESS WHEREOF, the parties hereto have cause this instrument to be executed in their names, and seals impressed 5 hereon, by their proper officials, in Monroe and Dade Counties respectively, all as of the day and year first above written. BOARD OF COUNTY COMMISSIONERS • w By: WILHELMINA HARVEY Mayor /Chairman (SEAL) DANNY L. KOLHAGE, Clerk ATTEST: ,fff „A ' _ AL A . e, - f STUART NEWMAN ASSOCIATES i By: PRESIDENT ATTEST: Secretary APPROVED AS TO FORM AND GAL SUFFICIENCY. RV Attorney's Office 6