10/01/1990-09/30/1994 u c o U N r y '1
b C
c ui o .....
and
Y
OE COUN��
33annp IL Rotfjage
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
September 27, 1990
Mrs. Sandra Higgs
Keys Advertising & Marketing, Inc.
Post Office Box 866
Key West, FL 33041
Dear Mrs. Higgs:
As you are aware, on September 12, 1990, the Board
of County Commissioners approved the execution of an
Agreement with Stuart Newman Associates, Inc.
Enclosed are two duplicate originals of the sub-
ject Agreement, now executed and sealed by all parties. One
of these documents should be sent to Newman; the other is
for your own files.
Sincerely yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk
Board of County Commissioners
By:
Rosalie L. Co oily
Deputy Clerk
Enclosures
cc: County Attorney
County Administrator
Finance Director
File
1 /0/
A G R E E M E N T
THIS AGREEMENT is entered into this MA day of scer h
1990, by and between BOARD OF COUNTY COMMISSIONERS, Monroe
County, Florida, hereinafter referred to as the BOCC and Stuart
Newman Associates, Inc., a Florida corporation, hereinafter
referred to as the "FIRM ".
W I T N E S S E T H:
WHEREAS, the BOCC wishes to enter into this agreement for
public relations services with the FIRM,
1. TERM: The term of this Agreement is for a period of
fourty -eight (48) months commencing October 1, 1990, and ter-
minating September 30, 1994, subject to Section 13 herein.
2. SERVICES: The FIRM agrees to provide staff services
and, when necessary, specialized contract services through the
firm, the FIRM agrees to provide research for, story and still,
video and TV photographic development, special event planning and
concepts, preparation of a continued flow of news and feature
stories about, or reflecting on, Florida Keys tourism, establish-
ing and maintaining contacts with print and broadcast media;
distribution of stories, photographs and TV material; preparation
of press kits; representation of the Florida Keys tourism at
appropriate media workshops and conventions and at
tourism - oriented events when directed; coordination with Federal
and State government tourism bureaus; coordination with appropri-
ate private sector and carrier public relations representatives
in attracting print and broadcast journalists to the klorida
uo
Keys; escorting media representatives on familia o zationovrs;
n rn
arranging and coordinating on- the -scene coverage ogfitirig K4ys
locations and events by working media, preparatio o cf ;a profd-
53 v
sionally - edited newsletter reflecting on Keys toti'dev.' 1
- <-' :-- 73
ments; counseling TDC on current tourism trends; c ans irk Tbt
on spontaneous opportunities for tourism promotion and addressing
media relations in emergency situations affecting tourism;
maintaining appropriate records of print clippings and broadcast
coverage; providing quarterly reports on the Firm's efforts on
behalf of the Florida Keys; making appearances before Chambers of
Commerce and other Keys' tourism promotional groups; maintaining
contact with resort operators and others in the Keys' tourism
industry; Orange Bowl float activities; organizing and staffing
press room facilities for special events; maintaining documented
records of any authorized out -of- pocket expenditures in
performance of the above activities and performing such other
public relations activities required by the TDC.
3. PROGRAM. 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.
4. COMPENSATION. It is agreed that total costs of staff
services to include an account supervisor, account executive,
staff and freelance writers, public relations media coordinator
and various clerical and support services will be $ 160,000
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 photographs, contract
photography, supplies, mailing and distribution charges, postage
and shipping, travel and transportation 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 TDC. The contract amount agreed to
herein may be adjusted annually in accordance with the percentage
change in the Consumer Price Index (CPI) for wage earners and
Clerical Workers in the Miami, Florida area index, and shall be
based upon the annual average CPI computation from January 1st
through December 31st of the previous year.
5. BILLINGS. The FIRM shall submit to the TDC monthly
billings for one - twelfth (1/12) of the annual fee for staff and
2
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 BOCC shall be responsible
for payment of all authorized fees and costs due the FIRM while
this Agreement is in force.
6. KEY PERSONNEL: This contract is a personal services
contract with personnel so listed. The account supervisor has
been in the industry for at least five years. Notice of any
change in personnel shall be sent to the Board of County Commis-
sioners and the Tourist Development Council. A total of seven
Stuart Newman Associates staff members will be assigned to
service the COUNTY /TDC account. The four principals assigned are
the following: 1) Agency President, Stuart Newman, 2) Senior
Vice President and Account Supervisor (Andrew Newman), 3) Execu-
tive Vice President and 4) Account Executive. Three other staff
members will also be assigned: 1) Media Data Base Management, 2)
Latin American & Research Specialist and 3) Account Support.
These will devote approximately half time to the TDC Account.
The Account Supervisor and Account Exeutive will devote virtually
full time to the TDC account. Others on staff, upon
implementation of the contract, will devote whatever time is
necessary to the account as determined by the TDC Chairperson or
Public Relations Committee Chairperson or other designee, but no
less than one quarter of their normal office time. Duties of the
the Account Supervisor will include contact, as required, with
the Chairman of the TDC; the Chairman of the Public Relations
Committee or other designee. Other duties include regular visits
to major tourism centers throughout Monroe County; consultations
with TDC 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 TDC 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
3
aforementioned, the account supervisor will also provide liaison
between the Administrative Office of the TDC and Comptroller of
the FIRM. At least one (1) or more representative of the FIRM
shall attend up to two (2) meetings of the TDC per month. Travel
expenses reimbursed pursuant to Monroe County policies .
7. ANNUAL PUBLIC RELATIONS PLAN: The FIRM shall supply the
TDC 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 annually at a TDC meeting. Additionally, FIRM
shall provide the TDC with an outline of anticipated activities.
8. PUBLIC RELATIONS AGENCY OF RECORD: The FIRM shall act
as the agency of record of the TDC 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 TDC.
9. QUARTERLY REPORT: The FIRM agrees to prepare a quarter-
ly record of activities and submit such to the TDC.
10. TRAVEL REIMBURSEMENT: As part of its budget for this
Agreement, reimbursement for travel on behalf of the TDC shall be
by the rates established by Florida law and County Administrative
Orders.
11. Indemnification Hold Harmless. the firm agrees to
indemnify and hold Monroe County harmless for any and all claims,
Liability, losses and causes of action which may arise out of the
fulfillment of the agreement. It agrees to pay all claims and
losses and shall defend all suits filed due to the negligent
acts, errors or omissions of firm's employees and /or agents
including related costs.
12. Insurance See insurance certificate attached Exhibit A.
Monroe County shall be named as additional insured under the
insurance policy and such insurance shall be primary and
noncontributing with any insurance carried by the County. The
firm shall furnish the County with a certificate evidencing the
insurance required by this paragraph.
13. APPROVALS AND CHANGES: The TDC shall have the sole and
exclusive right to approve, modify, reject, or cancel any and all
4
plans, proposals, submissions and other work in process, in which
event the TDC's directions shall be immediately implemented.
However, nothing in this Agreement shall be construed as
requiring the FIRM to violate any contractual commitments to
media made on the TDC's behalf. All contractual commitments to
media require the TDC's prior written approval. The TDC 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 TDC.
Whenever approval is required from the TDC, said approval shall
be in writing from the Public Relation Chairman, TDC Chairman,
TDC Vice Chairman, TDC Administrative Director or a designee,
according to TDC policy.
14. TERMINATION; RENEWAL: Either party shall have the right
to cancel this contract at its sole discretion upon one hundred
twenty (120) 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.
15. EXCLUSIVE REPRESENTATION: The FIRM agrees that it will
not represent any private resort or attraction within Monroe
County or any other municipal or County destination in Florida,
without approval in writing from the TDC. FIRM shall act at all
times herein as independent contractor, and nothing contained
herein shall be construed to create the relation of principal and
agent or employer and employee, between BOCC and FIRM.
16. DISCLOSURE OF FINANCIAL INTERESTS: The FIRM agrees to
disclose 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.
17. 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,
5
Florida; provided, however, that the parties may agree in writing
to amend this section to provide for a binding determination
through arbitration.
18. 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,recommended by TDC and approved by
BOCC and signed by both BOCC and FIRM.
19. LAWS AND REGULATIONS: It shall be understood and agreed
that any and all services, materials and equipment shall comply
fully with all Local, State and Federal laws and regulations.
20. TAXES: The Board of County Commissioners and TDC are
exempt from Federal Excise and State of Florida Sales Tax. State
Sales Tax and Use Tax Certificate Number is 03000 210354.
21. FINANCE CHARGE: The BOCC and TDC, will not be responsi-
ble for any finance charges.
22. ASSIGNMENT: The firm shall not assign, transfer,
convey, sublet or otherwise dispose of this proposal, or of any
or all of its right, title or interest therein, of his or its
power to execute such contract to any person, company or corpo-
ration without prior consent of the BOCC /TDC.
23. OWNERSHIP: All work performed under the contract shall
be the property of the BOCC /TDC, for whatever use and /or disposi-
tion the BOCC /TDC may deem appropriate. Included will be: a)
all plans, documents, and recommendations; b) All manuscripts,
copy, graphics, and videotapes. The BOCC /TDC shall have the full
right to reproduce and /or use any products derived from the
contractor's work under the contract without payment of any
royalties or, fees.
24. COMPLIANCE WITH LAWS - NONDISCRIMINATION: The firm
shall comply with all federal, state and local laws and ordi-
nances applicable to the work or payment for work thereof, and
shall not discriminate on the grounds of race, color, religion,
sex, age, or national origin in the performance of work under
6
this Agreement. This Agreement shall be subject to all federal
state, and local laws and ordinances.
25. GOVERNING LAW: This Agreement shall be governed and
construed by and in accordance with the laws of the State of
Florida and constitutes the entire agreement between the County
and the firm.
26. ANTISOLICITATION: The firm warrants that no person has
been employed or retained to solicit or secure this contract upon
an agreement or understanding for a commission, percentage,
brokerage, or contingent fee and that no member of the Monroe
County government or the TDC has any interest, financially or
otherwise in the firm or its subcontractors.
27. SEVERABILITY: 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 extent permitted by law.
28. The FIRM agrees to furnish the TDC with copies of bids
for subcontractors.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed in their names, and seals impressed
hereon, by their proper officials, all as of the day and year
first above written.
BOARD OF COUNTY COMMISSIONERS (SEAL)
OF MONROE COU TY, FLORIDA ATTEST CANNY L. KOIsIIAGE, Clerk
By: By: `
N or /Chairman er
STUART NEWMAN ASSOCIATES (SEAL)
. ATTEST: : _,
B y .4 ,11 ��G By:/ /4147-
` ' " 're -f •ent Secretary
4, AS 79 Oiv
AVD LEGAL surr CIF'
SNP
. 1 _ - SWORN STATEMENT UNDER SECTION 287.133(3)(a),
• FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
•
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER
AUTHORIZED TO ADMINISTER 'OATHS.
(
1. This sworn statement is submitted with Bid, Proposal or Contract No.
for Public RElations Services for BOCC
•
2. This sworn statement is submitted by Stuart Newman Associates INC
[name of entity submitting sworn statement]
• whose business address is 2660 B r i cke l l Ave Miami ami , FL 33129
•
•
• and
•
(if applicable) its Federal Employet Identification Number (FEIN) is 5 9 — 18 8 6 0 7 6 •
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: )
3. My name is stivart'G. -Newman and my relationship to the
[please print name of individual signing]
• entity named above Is President
4. I understand that a 'public entity crime' as defined in Paragraph 287.133(1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any other
state or with the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other state
or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation.
5. I understand that "convicted' or "conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or Without an adjudication of
guilt, in any federal or state trial court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty
or nolo contendere.
6. I understand that an " affiliate' as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime: or
2. An entity undet the control of any natural person who is active in the management of the •
entity and who has been convicted of a public entity crime. The term "affiliate' includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate. The ownership by one person of shares constituting a contro '
interest in another person, or a pooling of equipment or income among persons when not for fai
market value under an arm's length agreement, shall be a prima facie case that one person controls
another person. A person who knowingly enters into a joint venture with a person who has been
convicted of a public entity crime in Florida during the preceding 36 months shall be considered an
affiliate.
•
•
7. , understand that a 'person" as defined in Paragraph 287 . 1 33(1)(e), Florida St atutes , means an
natural person or entity organized under the laws of any state or of the United States with the lega
power to enter into a binding contract and which bids or applies to bid on contracts for the provision
of goods or services let by a public entity, or which otherwise transacts or applies to transact business
with a public entity. The term "person" includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in management of an entity.
8. Based on information and belief, the statement which I have marked below entity submitting this sworn statement. (Please Indicate which statement applies, relation �o the
•
/Neither the entity submitting this sworn statement, nor any officers, directors,
partners, shareholders, employees, members; or agents who are active in management of the entity; •
nor any affiliate of the entity have been charged with and convicted of a public entity crime
subsequent to July 1, 1989.
The entity submitting this sworn statement, or..one or more of the officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in management of
• the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (Please Indicate which additional statement applies.]
___ There has been a proceeding concerning the conviction before a hearing officer of
the State of Florida, Division of Administrative Hearings. The final order entered by the
hearing officer did not place the person or affiliate on the convicted vendor list. (Please
attach a copy of the final order.]
____ The person or affiliate was placed on the convicted vendor list. There has been a
subsequent proceeding before a hearing officer of the State of Florida, Division of
Administrative Hearings. The final order entered by the hearing officer determined that it
was in the public inierest to remove the person or affiliate from the convicted vendor list.
(Please attach a copy of the final order.]
The person or affiliate has not been placed on the convicted vendor list. (Please
describe any action taken by or pending with the I . artment of General Services.]
■A
(signature]
•
Date: � /7
STATE OF V `
COUNTY OF C
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
(name of Individual signing] who, after first being sworn by me, affixed hl /her signature
in the space provided above on this l7 - day o f 19 9
•
My commission expires: NOTARY PUBLIC
•
NOTARY PUBLIC STATE OF FLO
NY COMMISSION EXP. FEB. 41941
BONDED TMRU GENERAL INS. UNO.
•
•
•
•
0
For PUR 7068 (Rev. 11/89)
•
•