Resolution 338-1989
. -... ~
Tourist Development Council
RESOLUTION NO. 338 -1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, EXERCISING ITS
OPTION TO RENEW THE AGREEMENT BETWEEN MONROE
COUNTY AND STUART NEWMAN ASSOCIATES, INC. IN
ACCORDANCE WITH ITEM NO. 12 OF THE AGREEMENT
BETWEEN THE PARTIES DATED AUGUST 8, 1986, AS
AMENDED.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Board hereby exercises its
option to renew the Agreement between Monroe County and Stuart
Newman Associates, Inc. in accordance with Item No. 12 of the
Agreement between the parties dated August 8, 1986, as amended, a
copy of same being attached hereto and made a part hereof.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 'rA day of ~c.u,..
, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY: /lfliItt~
(Seal)
Attest: DANNX L. KOUIAGE, Clerk
-.L2L~1d~
BY
~_' -, I J
'"Ui'l
'1
~ [: 6 tf [l NOr 68.
lJ d u J -J i:~ ~JU j L1311:J
~'
\'
A G R E E MEN T
.
THT~'; AGREEMENT is entered into this 8th day of Augus t, 1986,
h~' Clnd hetween Monroe County, a political subdivision of the
State of Florida, hereinafter referred to as the "COUNTY' and
Stuart N,,>.wman Associates, Inc., a Florida corporation, herein-
after referred to as the "FIRM",
WIT N E SSE T H:
WHEREAS, the COUNTY authorized and directed the County
Hayor /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.
TERH~
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
inte~national 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 p~otographic development, special event
pla.llning and concepts, preparation of news and feature stories on
or reflecting on tourism in Monroe County, establishing and
maintaining contacts with press. and broadcast media; distribution
of 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
prer.s 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
Honroe County by working press and broadcast representatives
whenever appropriate; preparation of newsletters or bulletins
-01;'
refl ecti ng on tourism in Monroe County; maintaining of appropri-
ate pres s and magazine clippings and broadcast coverage; and
~",,;...
~~ ~t '..'.;
..... '$.'
i counseling the Monro,e 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 FIPJl will be reimbursed for
all actual expenses incurred for reproduction of releases and
photographs, contract photography, supplies, mailing 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
tt~i.s Agreement. It is f.urther 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.
Ii. The FIRM shall submi~ to the COUNCIL monthly billings
for one- t'V,1e lfth (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 FIRH 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
t,.~".",
~l
r
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 8 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 Arlvisory 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
NCJil Fulfillment Services on behalf of COUNCIL and liaison with
private sector resort attractions and allied tourism-related
fields i.n Monroe County, coordination of various public relations
activiti.es. In addition to inter-agency responsibilities afore-
mentioned, the account executive also will provide liaison
between the Treasurer of the COUNCIL and Controller of the FIRM.
B) At If.'{1st one (1) representative of the FIRM shall attend up
to tvlO (2) meetings of the COUNCIL per month. If the COUNCIL
desires more representatives of the FIRM or more than two (2)
m~etings 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
counCIL \.vith a Public Relatic;ms Plan on an annual basis to
establish the goals and objectives for the coming year. This
Plan i.s due for presentation at the annual COUNCIL Advertising
Committee meeting. Additionally, FIRM shall provide the COUNCIL
with an outline of anticipated activities.
7. PUBLIC HELATIONS AGENCY OF RECORD: The FIRM sha1l act
as the agency of record of the COUNCIL for the preparation and
placing of all of the latter's publi.c relations, except as
mutually agreed otherwise, and for the performance of related or
special services as requested by the COUNCIL.
~.
8. QUARTERLY REPORT:' The FIRM agrees to prepare a quarter-
ly record of activities and submit such to COUNCIL.
3
i
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 be 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 be reimbursed to the FIRM under Section 11.
11. APPROVALS AND CHANGES: The COUNCIL shall have the sole
and exclusive right to approve, m~dify, reject, or cancel any- and
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
COUNCIL shall only be liable for charges approved in writing
prior to the FIRN'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
c~operation with and und~r the direct supervision of the COUNCIL.
Hhenever approval is required from the COUNCIL, said approval
shall be in \-7riting from the Chairman, Vice Chairman,
Administrative Director or a d~signee. 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
,
i::
,
'probationary period, either party shall have the right to -'cancel
thi.s 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.
....r/..
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
ti.me.
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; AHENDMENTS: This writing embodies the
entire Agreement and understanding between the parties hereto,
and there. are no other agreements and understandings, oral or
lvri t ten, wi th reference to the subj ect matter hereof that are not
merged herein and superseded hereby. Any amendment to this
Agreement shall be in writing signed by both parties.
J7. SEVERABILITY: If any provision of this Agreement shall
he he ld 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.
IN WITNESS WHEREOF, the parties hereto have cause. this
instrument to be executed in their names, and seals impressed
~'
5
..,..
"
\..:;j
~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
BY:W~:~~~~~"~' ~
Hayor/Chairman
( SEAL) DANNY L. KOLHAGE, Clerk
)
/; -1/ /J,
i dUel,
STUART NE~mAN ASSOCIATES
~~.e~
By:
PRESIDENT
ATTES~
- Secretary
-
f
tZv"~f#~
/%
i'
r:'/L,~Y peSt.Ie ~l:d':~ (;i" ~.[.Of(::;J!t
,~'{ i.:':;'::',;r~~~,IOr~ [X:'~ .!J;'lL: ,'...1,i090
~'!'~'...L: Ti;i':,U Gt.:m.ji,~.L ,ir';J~ LUJ.
I'.
~",
i.
l'
APPROVED AS TO FORM
AZGAL SUJ'~CIENCY.
d 1L7L. M~}y
BY --
Attorney's Office
~I'
6
\.~
~;;
\'
.
ADDENDUM TO AGREEMENT
This Addendum to Agreement is entered into this
day
, 1989, in order to amend that certain Agreement dated
of
August 8, 1986 between Monroe County ("COUNTY") and Stuart Newman
Associates, Inc. ("FIRM"), as follows:
1. Paragraph 12 of the aforementioned Agreement dated
August 8, 1986 is hereby amended to read as follows:
"12. TERNINATION; 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 contained herein or with any
modifications agreed upon in writing by both parties."
2. The Agreement dated August 8, 1986 is hereby amended by
adding Paragraph 13 to read as follows:
"13. 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. 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 COUNTY and FIRM."
In all other respects, the agreement dated August 8, 1986
shall remain in full force and effect.
~:
\_~~
~""
"~"J"
',-",
.
'\'
In Witness Whereof, the parties hereto have executed this
Addendum to Agreement on the day and year first written above.
..,..
..,..
MONROE COUNTY
By:
Mayor/Chairman ot the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Attest:
Clerk
STUART NEWMAN ASSOCIATES, INC.
BY:~ ---
(SEAL)
Attest:
\
-,"'~~..
Secretary
APMOWDM ,.,.., .
AND LEGAL su~
8Y)~~~ .'~
,. (j ,7;y:;j
~~
2