Item D07County off Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
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Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: D.7
Agenda Item Summary #3381
BULK ITEM: Yes DEPARTMENT: Tourist Development Council
TIME APPROXIMATE: STAFF CONTACT: Ammie Machan (305) 296-1552
N/A
AGENDA ITEM WORDING: Approval of an Agreement with Stuart Newman Associates, Inc.
d/b/a NewmanPR to provide public relations agency services which promote tourism commencing
October 1, 2017
ITEM BACKGROUND: TDC approved same at their meeting of July 18, 2017
PREVIOUS RELEVANT BOCC ACTION: BOCC approved advertisement of Request for
Proposal for Profession Public Relations Agency for Monroe County Tourist Development Council
at their meeting of January 18, 2017.
CONTRACT/AGREEMENT CHANGES:
New Agreement
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
NewmanPR Agreement
FINANCIAL IMPACT:
Effective Date: October 1, 2017
Expiration Date: September 30, 2020
Total Dollar Value of Contract: $1,950,000
Total Cost to County: No Cost to County
Current Year Portion: $650,000
Budgeted: Yes
Source of Funds: TDC
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No
Grant:
County Match:
Insurance Required: Yes
Additional Details:
If yes, amount:
REVIEWED BY:
Maxine Pacini
Completed
09/01/2017 4:08 PM
Christine Limbert
Completed
09/01/2017 4:53 PM
Budget and Finance
Completed
09/05/2017 1:01 PM
Maria Slavik
Completed
09/05/2017 1:01 PM
Kathy Peters
Completed
09/05/2017 2:23 PM
Board of County Commissioners
Completed
09/20/2017 9:00 AM
THIS AGREEMENT (Agreement), made and entered into this day of _, 2017, A.D., by
and between Monroe County, Florida, (hereinafter called the County), and Stuart Newman
Associates, Inc. d/b/a NewmanPR (hereinafter called the Contractor).
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WHEREAS, Contractor is uniquely qualified to provide public relations agency services whi
promotes tourism, and i
WHEREAS, County and Contractor currently have a contractual arrangement for servic
through September 30, 2017; and i
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WHEREAS, County desires to enter into this Agreement for public relations services with the
Contractor;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties
agree as follows:
l. Term: The term of this Agreement is for a period of three (3) years beginning October 1, 2017
and expiring on September 30, 2020. The County shall have an option to extend the Agreement for
one additional two (2) year period under the same conditions.
2. Scone of Services: The Contractor will serve as the full -service public relations agency,
executing a tourism based public relations campaign for the Monroe County TDC and County. Th-,
Contractor and the public relations programs are subject to review by the Monroe County TDC.
A. Key Personnel: This Agreement is a professional service Agreement with expectation
that principal personnel performing the services are those personnel listed. Notice of any
change in Key Personnel shall be sent to the TDC for approval. The Key Principals
assigned are the following:
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1 ) Stuart Newman, President and Account Advisor
2) Andrew A. Newman, Senior Vice President and Senior Account
Supervisor (TDC Key Principal)
3) Buck Banks, Executive Vice President and Copy Editor/Online Media
Director
Contractor shall have a successor plan for the Key Personnel of President and
Senior Vice President of the agency, The successor plan shall include who may take over
the obligations and duties of the former TDC's Key Principal in the event of incapacitative
illness, death or other circumstances that render the Key Principal unable to perform their
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duties and obligations under this agreement. The Contractor shall provide their successor
plan to the TDC administrative office within 30 days of approval of this agreement by the
County. The Contractor shall amend said successor plan, as needed, to ensure it remains
current.
In the event that the TDC does not approve the Key Personnel, the County may
terminate the Agreement in accordance with section 18.
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1) Account Executive
2) Media Manager
3) Account Support
4) Finance/Account/Clerical Suppor)
In addition, the agency will sub -contract with Keys -based individuals to provide for an Upper
Keys/Middle Keys stringer and for a Lower Keys/Key West stringer to be funded from the public
relations expense budget.
The Senior Account Supervisor and/or account executive shall meet with the Monro—e
County TDC at all regularly scheduled meetings of the TDC and Advisory Committees,
and at any other times as directed by the TDC.
C. Contractor agrees to assign a Public Relations Senior Account Supervisor who will
devote such time and effort as necessary to the account on a priority basis, including
full time when required. Duties of the Senior Account Supervisor will include contact
as required with the Chairperson or Vice Chairperson of the TDC, Marketing Director
or other designee, interfacing with other agencies of record such as Advertising and
Website provider as directed by the TDC relating to the development of an effective
marketing program for the Florida Keys. Either the account supervisor, account
executive or district stringer will consult with TDC Advisory Committees within the
Keys.
D. Provide staff services to manage communications to develop awareness, promote
favorable image and goodwill for the Florida Keys tourism product.
E. Provide the development of favorable national and international publicity for the
Florida Keys tourism product.
Provide the establishment and maintenance of contacts with print, internet and
broadcast media including bloggers and social media influencers.
A. Coordinate development and distribution of news materials for trade and consumer
media.
1. Develop and coordinate media familiarization tours for the Florida Keys, and assis�
media including travel bloggers and social media influencers as needed during
individual visits. In addition, develop and coordinate itineraries for broadcast crews
and provide onsite support as needed.
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K. Develop the public relations section of the TDC's annual marketing plan establishing
objectives and measurable goals while interfacing with programs produced by thiz
advertising agency and sales department.
Provide representation of TDC at selected trade shows, sales/media missions, FAM
tours, media workshops, and journalist conferences.
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N. Provide periodic written and/or oral reports on public relations activities to the TDC
and District Advisory Committees.
0. Provide the establishment and management of Agreements with sub -
agencies for international, specialty or other public relation markets and/or programs.
P. Prepare for and respond to emergency crisis situations that affect tourism and provide
a crisis communications program when needed, working in conjunction with Keys
Emergency Managements and other local, state and federal entities as appropriate.
R. Interface with County officials and other local municipalities to consult with and provide
communications assistance to deal with issues that relate to tourism.
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V. Maintain appropriate records of print clippings, internet, and broadcast coverage.
W. Provide development and maintenance of video and still image libraries.
X. Provide a measurability process to evaluate the public relations programs.
Y. Provide implementation of such services as outlined within the objectives, goals, and
strategies of the annual marketing plan.
Z. Perform such other public relations activities as required by the TDO
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FOR TDC- Maxine Pacini
Monroe County TDC
1201 White Street #102
Key West, FL 33040
Me -.90(611111
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PO Box 1026
Key West, FL 33041-1026
Andy Newman
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17. Taxes: The County is exempt from payment of Florida State Sales and Use taxes. The
Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this Agreement, nor is the Contractor
authorized to use the County's Tax Exemption Number in securing such materials. The Contractor
shall be responsible for any and all taxes, or payments of withholding, related to services rendered
under this Agreement.
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A. The County may terminate this Agreement for cause with seven (7) days' notice to the
Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform
the services enumerated as the Contractors obligations under this Agreement.
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!4. This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements made and to be performed entirely in the State.
B. In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the County and Contractor agree that venue
will lie in the appropriate court for the 16 1h Judicial Circuit or before the appropriate
administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations of the terms or
a term of this Agreement by or between any of them, the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
D. Severability. If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid or unenforceable to a%A
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All Insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer.
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The Monroe County Board of County Commissioners, its employees, TDC Board of Directors and
officials will be included as "Addonal Insured" on all policies, except for Workers' Compensation and
Professional Liability Policies.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared from entitled "Request for Waiver of Insurance Requirements" and approved by
Monroe County Risk Management.
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In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease
$100,000 Bodily Injury by Disease, each employee
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Coverage shall be provided by a company or companies authorized to transact business in ti
state of Florida and the company or companies must maintain a minimum rating of A-V1,
assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by this Agreement, the Contractor shall obtair.
General Liability Insurance. Coverage shall be maintained throughout the life of thZ
Agreement and include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
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C. Recognizing that the work governed by this Agreement requires the use of vehicles, ft
Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintain throughout the life of the Agreement and include, as a minimum,
liability coverage for:
*Owned, Non -Owned, and Hired Vehicles
The Minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
A. Recognizing that the work governed by this Agreement involves the furnishing of advice or
services of a professional nature, the Contractor shall purchase and maintain, throughout
the life of the Agreement, Professional Liability Insurance which will respond to damages
resulting from any claim arising out of the performance of professional services or any error
or omission of the Contractor arising out of work governed by this Agreement. The
minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate.
29. Force Maieure: The Contractor shall not be liable for delay in performance or failure to
perform., in whole or in part, the services due to the occurrence of any contingency beyond its control
or other acts of God, Contractor has exercised reasonable care in the prevention or mitigation of
damages and delay, any such delay or failure shall not constitute a breach of the Agreement. Upon
femand of TDC or County, the Contractor must furnish evidence of the causes of such delay or
failure.
30. Execution in Counlg%arts: This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken together shall constitute one and
the same instrument and any of the parties hereto may execute this Agreement by signing any such
counterpart.
31. Section Headings: Section headings have been inserted in this Agreement as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the d
d year first above written. I
(SEAL)
Attest: KEVIN MADOK, Clerk
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Deputy Clerk
of Monroe County
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(To be filled out by Contractor)
PresideTt
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Public Relations Agency Agreement
ID: 1872
AND TWO WITNESSES
(2)
(2)
Print Name
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