Item D5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: APRIL 16, 2014 Division: TDC
Bulk Item: Yes X No _ Department:
Staff Contact Person/Phone #: Maxine Pacini
296-1552
AGENDA ITEM WORDING:
Approval to exercise option within original agreement with Tinsley Advertising &
Marketing, Inc. to extend agreement for an additional two year period to September 30,
2016; provide for a revision under the section referring to Key Personnel; provide for
new public records language.
ITEM BACKGROUND:
TDC approved same at their meeting of March 18, 2014
PREVIOUS RELEVANT BOCC ACTION:
Original agreement was approved by BOCC at their meeting of September 21, 2011
CONTRACT/AGREEMENT CHANGES:
Amendment to extend and revise key personnel listed in agreement
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Based on Commission
COST TO COUNTY: N/A
BUDGETED: Yes X No
SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Pu%Tiasin N/A Risk Mana emen'N/A
g g
DOCUMENTATION: Included X Not Required
DISPOSITION:
Revised 11/06
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Tinsley Advertising & Contract # 942
Marketing, Inc.
Effective Date: 9/21/11
Expiration Date: 9/30/16
Contract Purpose/Description:
Approval to exercise option within original agreement with Tinsley
Advertising & Marketing, Inc. to extend agreement for an additional two
year period to September 30, 2016; provide for a revision under the section
referringto o Key Personnel; provide for revised public records language.
Contract Manager: Maxine Pacini 3523 TDC # 3
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 4/16/14 Agenda Deadline 4/1/14
Total Dollar Value of Contract: $
Budgeted? Yes®
Grant: $
County Match: $ -_
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance.
CONTRACT REVIEW
Changes
CONTRACT COSTS
Based on Current Year Portion: $
No ❑ Account Codes : See Attached Listing
i
Date n
Needed / Revi r
Division Director
Yes[-] No
Risk Management
Yes❑ No=
O.M.B./Purchasing l9 14
Yes❑ No[�( r V � �RL1L
County Attorney 40-
Yes[-] NoEK C. Limbert
I Comments:
DMB Form Revised 2/27/01 MCP #2
etc.)
Date Out
115
75022 530340 TF45470X
530480
FISHING TV PRODUCTION
80,000
115
75033 530340 TD45239X
530480
DIVE UMBRELLA GENERIC ADVERTISING
700,000
115
75011 530340 TC45239X
530480
CULTURAL UMBRELLA GENERIC ADVERTISING
531,346
115
75022 530340 TF45239X
530340
GENERIC FISHING ADS
352,500
116
76065 530340 TG46378X
530340
MEDIA MATERIALS
665,000
116
76065 530340 TG46379X
530340
ADVERTISING EXPENSES
45,000
116
76065 530340 TG46379X
530400
ADVERTISING EXPENSES
27,000
116
76065 530340 TG46379X
530410
ADVERTISING EXPENSES
9,000
116
76065 530340 TG46239X
530480
PROMOTIONAL ADVERTISING
5,870,000
116
76065 530340 TG46380X
530340
COLLATERAL MATERIALS
3,000
116
76065 530340 TG46380X
530470
COLLATERAL MATERIALS
67,000
116
76660 530340 TG46336X
530340
DAC I AD CAMPAIGN
596,685
116
76660 530340 TG46337X
530340
DAC II AD CAMPAIGN
47,279
116
76660 530340 TG46338X
530340
DAC III AD CAMPAIGN
134,466
116
76660 530340 TG46350X
530340
DAC IV AD CAMPAIGN
125,325
116
76660 530340 TG46339X
530340
DAC V AD CAMPAIGN
109,563
117
77020 530480 TP47239X
530480
DISTRICT #1 AD CAMPAIGN
4,923,745
118
78020 530480 TP48239X
530480
DISTRICT #2 AD CAMPAIGN
346,404
119
79020 530480 TP49239X
530480
DISTRICT #3 AD CAMPAIGN
1,817,512
120
70020 530480 TP40239X
530480
DISTRICT #4 AD CAMPAIGN
1,312,072
121
71020 530480 TP41239X
530480
DISTRICT #5 AD CAMPAIGN
836,486
AMENDMENT Ost AMENDMENT) TO AGREEMENT
THIS AMENDMENT to agreement dated the day of 2014, is entered into by
and between the Board of County Commissioners for Monroe County, a political subdivision of
the state of Florida (County), on behalf of the Tourist Development Council, and Tinsley
Advertising and Marketing, Inc. hereinafter referred to as "Firm".
WHEREAS, there was an agreement entered into on September 21, 2011 between the
parties, for Firm to provide advertising services which promote tourism; and
WHEREAS, the original agreement with Firm provides an option to extend the
agreement under the same terms, upon 90 days prior written notice of the contract extension to
Firm, and subject to negotiation of the monetary terms listed under Compensation (Paragraph
3.D.2.) by the TDC and approval by the BOCC; and
WHEREAS, the parties desire to exercise option to extend agreement for an additional
two year period under the same terms with no increase in monetary terms listed under
Compensation in Paragraph 3.D.2.; and
WHEREAS, under Scope of Services in paragraph 2.A Key Personnel, it states that any
change in personnel shall be sent to the TDC and County, and
WHEREAS, it has become necessary to revise names of Key Personnel outlined in
paragraph 2.A,
WHEREAS, pursuant to F.S. 119.071, new public records language is now required and
added in compliance with the statute;
NOW, THEREFORE, in consideration of the mutual covenants contained herein the
parties agree to the amended agreement as follows:
1. Paragraph 1 of the agreement shall read: Term: The agreement shall expire on
September 30, 2016.
2. Paragraph 2.A. shall read: Key Personnel: This contract is a professional service
contract with expectation that principal personnel performing the services are those personnel
listed. Notice of any change in personnel shall be sent to the TDC and County. The principals
assigned are the following:
1) Sandy Tinsley, Chief Executive Officer
2) John Underwood, Chief Marketing Officer
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Account Management Supervisor; approved by the Chairperson of the
TDC and Marketing Director
Amendment #1
Tinsley Advertising and Marketing, Inc.
Contract #: 942
2) Account Supervisor; Account Executive; and additional staff within the
normal services will be assigned as required.
3. Paragraph 4 under Records — Access and Audits shall be amended to add: Pursuant to F.S.
119.0701, Contractor and its subcontractors shall comply with all public records laws of the
State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that Monroe
County would provide the records and at a cost that does not exceed the cost provided in
Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to Monroe
County in a format that is compatible with the information technology systems of Monroe
County.
4. The remaining provisions of the contract dated September 21, 2011 remain in full force
and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above written.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Amendment # 1
Tinsley Advertising and Marketing, Inc.
Contract #: 942
(SEAL)
Attest: Amy Heavilln, Clerk
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
(7
(,) • GPtS 1"� S Ft�el�
Print Nahie
Dat
71=1ey Advadit and Madmdn& Inc.
conftw # . 942
Board of County Commissioners
of Monroe County
Mayor/Chairman
Tinsley Advertising and Marketing, Inc.
'/0/1"f
Print Name
AND TWO WITNESSES
(2)114
(2)
Print Name J
(2) 2ll
Date
MONROE COUNTY ATTORNEY
#APPROVED
A3 TO FORM:
•
MA
t.
CHRISTINE M. UMBBERT BARROWS
ASSISTT�U ATTORNEY
DaW „
l
CONTRACT FOR ADVERTISING SERVICES
THIS CONTRACT ("contract") is entered into this a1- -tday of k
, 2011, by and between
Monroe County, a political subdivision of the state of Flori a, ("County") and Tinsley
Advertising & Marketing, Inc., a corporation ("Firm").
WITNESSETH:
WHEREAS, Firm is qualified to provide advertising services which promote tourism; and
WHEREAS, the Monroe County Tourist Development Council (TDC) is an advisory
body to County and has recommended to County that Firm be awarded a contract for
advertising services; and
Firm; WHEREAS, County desires to enter into this contract for advertising services with the
NOW, THEREFORE, the parties agree as follows:
1. Term: The term of this contract is for a period of three (3) years beginning
October 1, 2011 and expiring on September 30, 2014. The County has an option to extend
this contract for an additional two (2) year period beyond the initial award period upon the
same terms, upon 90 days prior written notice of the contract extension to Firm, and subject to
negotiation of the monetary terms listed under Compensation (Paragraph 3.13.2.) by the TDC
and approval by the BOCC.
2. Scope of Services: The Firm will serve as the full -service advertising agency for
the Monroe County TDC and County. The Firm and the advertising programs are subject to
review by the Monroe County TDC.
A. Key Personnel: This contract is a professional service contract with
expectation that principal personnel performing the services are those personnel listed. Notice
of any change in personnel shall be sent to the TDC and County. The principals assigned are
the following:
1) Sandy Tinsley, CEO
2) Jim Flanagan, President
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Account Management Supervisor; approved by the Chairperson of the
TDC and Marketing Director
2) Account Supervisor; Account Executive; and additional staff within the
normal services will be assigned as required.
Tinsley Advertising Contract
ID# 942
B. At least one of the principals shall meet with the Monroe County TDC at all
regularly scheduled meetings of the TDC and Advisory Committees, and at any other times as
directed by the TDC.
C. Firm agrees to assign an advertising 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 Account Supervisor will include contact as required with the
Chairperson or Vice -chairperson of the TDC, Marketing Director or other designee. Other
duties include regular consultation visits throughout Monroe County; consultations with TDC
Advisory Committees within the Keys, and interfacing with other agencies of record such as
Public Relations and Website provider as directed by the TDC; participation in, and
coordination of, media planning; coordination of production and traffic activities with the Firm;
coordination of and liaison with mail fulfillment services on behalf of the TDC; and liaison with
private sector resorts, attractions and other tourism related fields in Monroe County, relating to
the development of an effective advertising program for the Florida Keys.
D. Firm agrees that time is of the essence, and to provide on a timely basis,
copy and concepts and supervision of tangible materials for media and collateral production
materials, including: radio and television, print, internet, website, outdoor, direct mail or any
such technology which may be employed to further the objectives of the TDC; traffic and billing
of media and collateral production materials.
website. E. Firm shall provide input into the design and creative content of the
F. Firm shall employ its knowledge of available media and media research,
and normal use of outside media research services to which the Firm subscribes for the
purpose of planning media advertising programs.
G. Firm shall counsel County in the use of special media, marketing, product
and consumer research as may be advisable.
H. Firm shall formulate and recommend media plans based on written
objectives established within the TDC marketing plan and reviewed on an annual basis.
I. Firm shall order space, time or other means of media to be used,
endeavoring to secure the most advantageous rates available, checking and verifying such
media use, auditing and paying invoices to media.
J. Firm shall negotiate special talent fees in accordance with trade contracts
to be more inclusive of total work and keep costs to a minimum.
K. Firm shall establish contracts with sub -contractors for production, traffic
and other marketing services.
Tinsley Advertising Contract
IN 942
2
L. Firm shall obtain written pre -approval on all advertising, media, projects
and materials from the TDC Marketing Director or TDC Chairperson.
M. Firm shall have all media and production expense accounts placed on
individual purchase orders. All invoices shall have the proper purchase order number. No
invoice will be paid unless account funds are available. No invoices will be paid outside the
advertising budget without TDC approval.
3. Compensation: Compensation shall be paid, subject to availability of Tourist
Development Tax Funds and approved purchase orders as follows:
A. Media Placement:
1) Firm shall be compensated for media placement at the net cost to Firm
plus 14% percent commission, upon receipt and proof of payment of
media invoices with affidavits and/or tear sheets, screenshots, etc. Net
rate is the actual negotiated paid cost for media placement to the
vendor without any markup costs. This will include all generic and
district campaigns, cultural, fishing and diving umbrella campaigns,
and all co-op advertising placement. Co-op advertising is established
to provide lodging accommodations and other tourist related
businesses within Monroe County an opportunity to buy into TDC
advertisements at a cost effective rate.
2) Firm shall be reimbursed for projects designated as special projects
approved by the TDC at actual costs, plus 14%, the total not to exceed
the amount budgeted by TDC.
3) In the event of a catastrophe for Monroe County and/or for South
Florida, such as a hurricane, and subject to the provisions in paragraph
17, Force Majeure, or other crisis management situation, the Firm shall
confer with the TDC Director and/or TDC Chairperson and perform the
same types of services described in this contract. The Firm also
agrees that it will have protocol (see Exhibit A) in place for any
catastrophe affecting the Firm's base of operations, i.e.: safeguarding
of all official photography & film; facilities and equipment available;
staff availability and all other vital material relative to the continued
marketing of the Florida Keys. In addition, the Firm will ensure the
ability to cancel existing media and produce and place ongoing media.
B. Reimbursable Expenditures: The County shall reimburse the Firm for all
approved expenditures and payments made on the County's behalf for media placement
subject to state and County rules and regulations. Packaging, shipping, express mail, postage,
legal expenses on behalf of County, and travel expense for Firm's personnel shall be
considered reimbursable expenses, subject to County's approval. Travel expenses of
approved personnel on behalf of the business of the TDC shall be compensated at the rates
established by Florida law and County policy.
Tinsley Advertising Contract
ID# 942
C. Invoices:
1) All invoices submitted by the Firm to the TDC shall have the proper
purchase order number, and be marked as to which account is
Properly chargeable.
2) Normal production costs for specific pre -approved jobs will be
submitted for payment at one time upon completion. The Firm is
encouraged to use in -county vendors to supply services wherever
possible when the local vendors are able to supply goods or services
that are at least equivalent to the quality of goods and services of out -
of -county vendors, and meet the needs of the TDC and the County.
To that end, the Firm understands and agrees that in any project the
Firm, if requested, may need to prepare and submit a production
budget for approval by the TDC Marketing Director. This budget would
include a breakdown of expenses by category and the name of each
vendor or subcontractor proposed for each category.
3) No percentage will be added to Firm charges for packaging, shipping,
express mail, postage, telephone, legal fees and services and travel
expenses for Firm's personnel.
4) The Firm's invoices and statements shall be payable by County
according to the Florida Local Government Prompt Payment Act.
D. Production Charoes•
1) The 14% commission on the net media placement budget covers the
cost of: Firm senior management services, account management
services, media services, accounting services and staff creative
development services for generic DAC, Event and Umbrella
advertising as follows:
(a) Existing newspaper campaign ads, including: revised layout, new
COPY/copy revisions, art direction, traffic & production supervision.
Note: computer artists and type, stats and color copies not
included.
(b) All new co-op newspaper ads including: concepts and
comprehensive layouts, copy/copy revisions, art direction, traffic &
production supervision. Note: computer artists and type, stats and
color copies not included.
(c) Existing magazine ads, including: revised layout, new copy/copy.
revisions, art direction, traffic & production supervision. Note:
computer artists and type, stats and color copies not included.
Tinsley Advertising Contract
ID# 942
(d) Existing electronic marketing ads, including: revised format, new
copy/copy revisions, art direction, traffic & production supervision.
Note: computer artists and type, stats and color copies not
included.
2) Creative Services Not Included: staff creative development services
for media and collateral materials, i.e.; photo shoots/TV shoots/podcast
videos, editing television commercials, videos/infomercials, point of
sale materials, new magazine campaigns, new newspaper campaigns,
new electronic campaigns, direct mail, new brochures and major
revisions to existing brochures will be estimated and prior approval
obtained for each project at the following hourly rates:
Creative Director - $160.00
Concepts and Comprehensive Layouts - $145.00
Senior Copywriter - $130.00
Copywriter - $110.00
Senior Art Direction & Supervision - $135.00
Broadcast Supervision - $100.00
Computer Artist - $120.00
Traffic & Production Supervision - $110.00
Color Outputs $1.00 each
3) Out of pocket expenses for creative development are reimbursable at
cost plus 13% and include, but are not limited to, the following:
Photographers and Assistants
Film Production Crew
Editing Facilities & Services
Audio Recording Facilities
Models/ActorsNoice-over Talent
Four -Color Film (for print pubs)
Retouching 4/Color Film
Stock Photo Search and Usage Fees
SAG and AFTRA Residuals
TV Dupes, Radio Dupes, etc.
Printing
Media and Collateral Materials
The County and the TDC assume no liability to fund this contract for an amount in excess of
this award. Payment for expenditures permissible by law and County policies shall be made
through reimbursement to Firm upon presentation of invoices, and other documentation
necessary to support a claim for reimbursement. Monroe County's performance and obligation
to pay under this contract is contingent upon an annual appropriation by the Board of County
Commissioners.
Tinsley Advertising Contract
ID# 942
4. Records — Access and Audits: The Firm shall maintain adequate and complete
records to justify all charges, expenses and costs incurred in performing the work for at least
four (4) years after completion of this contract. The County shall have access to such books,
records, and documents concerning the contracted services. The access to and inspection of
such books, records, and documents by the TDC/County shall occur at any reasonable time.
Firm understands that it shall be responsible for repayment of any and all audit exceptions
identified by TDC/County. Any current or subsequent contract awards will be offset by the
amount of any audit exceptions. In the event there are not funds still held by TDC/County for a
contract award, the amount of audit exception shall be billed to Firm who shall promptly pay
same. Records may be subject to disclosure pursuant to Chapter 119, Florida Statutes.
5. Advertising Agency of Record: Firm shall act as the agency of record for
preparation and placement of the County's TDC advertising using "bed tax" funds except as
otherwise mutually agreed upon. Firm shall perform related or special services as requested
by the TDC.
6. Indemnification and Hold Harmless: Firm agrees to indemnify and hold harmless
Monroe County, its TDC board of directors, officers, agents, and employees against any claim
of liability, losses and causes of action which may arise out of, in connection with, or by reason
of services provided in the fulfillment of this contract. It agrees to pay all claims and losses
and shall defend all suits filed due to the negligent acts, errors or omissions of its employees
and/or agents, including related court costs.
7. Property Riahts: The County shall own and have all rights subject to Screen
Actors Guild and American Federation of TV and Radio Artists regulations and talent contracts,
to any and all layouts, copy, art work, films and other advertising materials and records which
the Firm prepared or purchased for the County's account pursuant to a program, campaign, or
project which the Tourist Development Council has approved in writing, regardless of whether
such material was published, displayed, broadcast, distributed or otherwise presented prior to
the termination of the contract, provided the County has paid for same in accordance with the
provisions of this contract. Photography images are available to Monroe County tourist related
businesses promoting tourism with a usage contract policy approved by the TDC.
8. Approval and Changes: The TDC shall have the sole and exclusive right to
approve, modify, reject, or cancel any and all plans, proposals, submissions and other work in
progress, in which case the TDC's directions shall be immediately implemented. However,
nothing in this contract 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 County shall only be liable for charges approved
in writing prior to the Firm entering into such contractual commitment.
9. Termination: Termination of this contract shall occur at the natural ending date
or earlier should either party terminate with or without cause upon providing 120 days written
notice prior to the termination date. In the event of early termination, Firm shall exercise due
diligence in carrying out its obligations under this contract until the date of termination. County
Tinsley Advertising Contract
ID# 942
will not be obligated to pay for any costs incurred after the effective termination date with the
exception of pre- approved contracted services.
10. Exclusive Representation: Firm agrees that it will not represent any private
resort or attraction or other destination within Monroe County or other county or city
destinations within the State of Florida without approval from the TDC and County. Provision
of creative and mechanical services for participants in co-op advertising and other County
programs is permissible.
11. Disclosure of Financial Interest: Firm agrees to disclose within thirty (30) days of
the execution of this contract any existing financial interest in the business of its suppliers or
providers utilized in fulfillment of this contract, and shall disclose said interests as they may
arise from time to time.
12. 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.
13. Taxes: The County and TDC are exempt from federal excise and State of
Florida sales and use tax.
14. Finance Charges: The County and TDC will not be responsible for any finance
charges.
15. Relations of County/TDC and Firm: It is the intent of the parties hereto that Firm
shall be legally considered as an independent contractor and that neither it nor its employees,
shall, under any circumstances, be considered servants or agents of the County and TDC.
County and TDC shall at no time be legally responsible for any negligence on the part of Firm,
its employees or agents, resulting in either bodily or personal injury or property damage to
Firm, any individual, or corporation.
16. Disclosure. Firm shall be required to list any or all potential conflicts or interest,
as defined by Florida Statute 112 and Monroe County Code and shall disclose to the County
and TDC all actual or proposed conflicts of interest, financial or otherwise, direct or indirect,
involving any client's interest which may conflict with the interest of the County and TDC.
17. Force Majeure: Firm 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 the control of any of its subcontractors or suppliers, including labor dispute, strike,
labor shortage, war or act of war, whether an actual declaration thereof if made or not,
insurrection, sabotage, riot or civil commotion, act of public enemy, epidemic, quarantine
restriction, accident, fire, explosion, storm, flood, drought or other act of God, act of any
governmental authority, jurisdictional action, or insufficient supply of fuel, electricity, or
materials or supplies, or technical failure where Firm has exercised reasonable care in the
prevention thereof, and any such delay or failure shall not constitute a breach of this contract.
Tinsley Advertising Contract
IN 942
However, Firm shall, within one week of such event, make alternative arrangements to ensure
that services continue uninterrupted.
18. Assignment: Firm shall not assign, transfer, convey, sublet or otherwise dispose
of this contract, or of any or all of its rights, title or interest therein, or its power to execute such
contract to any person, new owner, company or corporation without prior written consent of the
County.
19. Compliance With Laws — Non Discrimination: Firm shall comply with all
international, federal, state and local laws and ordinances applicable to the work or payment
for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, sexual
orientation, age, or national origin in the performance of work under this contract. This
contract shall be subject to all international, federal, state, and local laws and ordinances.
20. Insurance: Firm shall maintain the following required insurance throughout the
entire term of this contract and any extensions. Failure to comply with this provision may result
in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the Firm to maintain the
required insurance shall not extend any deadlines specked in this contract and any penalties
and failure to perform assessments shall be imposed as if the work had not been suspended,
except for Firm's failure to maintain the required insurance.
Firm shall provide, to the County, as satisfactory evidence of the required insurance, either:
Certificate of Insurance
or
A Certified copy of the actual insurance policy
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
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.
The acceptance and/or approval of the Firm's insurance shall not be construed as relieving the
Firm from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees, TDC Board of Directors
and officials will be included as "Additional Insured' on all policies, except for Workers'
Compensation.
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.
Tinsley Advertising Contract
1D# 942
8
A. Prior to the commencement of work governed by this contract the Firm
shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida
Statute 440.
In addition, the Firm 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
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida and the company or companies must maintain a minimum rating of A-V1, as
assigned by the A.M. Best Company.
B. Prior to the commencement of work governed by this contract, the Firm
shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
* Premises Operations
* Products and Completed Operations
* Blanket Contractual Liability
* Personal Injury Liability
* Expanded Definition of Property Damage
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
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this
contract. In addition, the period for which claims may be reported should extend for a
minimum of twelve (12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
C. Recognizing that the work governed by this contract requires the use of
vehicles, the Firm, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintain throughout the life of the contract and include, as a minimum,
liability coverage for:
*Owned, Non -Owned, and Hired Vehicles
The Minimum limits acceptable shall be:
Tinsley Advertising Contract
1D# 942
$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
D. Advertising Professional Liability Insurance with minimum limits of
$1,000,000 per Occurrence and $2,000,000 aggregate.
21. Governing Law/Venue: This contract shall be governed and construed by and in
accordance with the laws of the State of Florida and constitutes the entire contract between
the County and Firm. Venue for any dispute shall be in Monroe County.
22. Entire Contract: This writing embodies the entire contract and understanding
between the parties hereto, and there are not other contracts and understandings, oral or
written, with reference to the subject matter hereof that are not merged herein and superseded
hereby. Any amendment to this Contact shall not be effective unless it is in writing
recommended by the TDC and approved by the County and signed by both parties.
23. Severability: If any provisions of this contract shall be held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this contract, or the
proposal of such provision other than those as to which it is invalid or unenforceable, shall not
be affected thereby; and each provision of this contract shall be valid and enforceable to the
fullest extent permitted by law.
24. Authority: Each of the signatories for the Firm below certifies and warrants that:
a) Firm's name in the contract is the full name as designated in its corporate
charter.
b) He/she is empowered to act on this contract for the Firm.
c) This contract has been approved by the Firm's board of directors.
25. Ethics Clause: Firm warrants that he/it has not employed retained or otherwise
had act on his/its behalf any former County office or employee in violation of Section 2 or
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 10-1990. For breach or violation of the provision the County may, at its
discretion terminate this contract without liability and may also, at its discretion, deduct from
the contract or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former or present County officer or employee.
26. Public Entity Crime Statement: A person or affiliate who has been placed on the
convicted vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
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Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 38 months from the
date of being placed on the convicted vendor list.
ESS WHEREOF, the parties hereto have executed this Contract the day and
written
L Kolhage, Clerk
Clerk
tteft (A RATE SEAL)
BY
Secretary _
Print Name
OR
(1) Witness
Board of County Commissioners
of Monroe Coun
yo rson
Tinsley AdmUsing & IiAmkor g, Inc.,
President
Jj/" rLAtVi4 i,4N
Print Name
(2) Witness
Print cue Print Name
� MONROE COUNTY ATTORNEY
a U A RO D F M:
ASSIS ANT COUNTY qTT RNEY
i
rmsley Advertismg Contract
mo9a
Exhibit A
CRISIS MANAGEMENT PLAN
In an effort to provide uninterrupted service to The Florida Keys & Key West during a hurricane
emergency or other catastrophic event, Tinsley has established a standard plan of action.
The Firm has identified various hurricane scenarios that left unchecked, could affect the Firm's
service capability to Monroe County. Therefore, to ensure continuity, the Firm has instituted a
phased plan to provide for any storm contingency. Although hurricane focused, this protocol
may be applied to other emergencies whereby communications to The Florida Keys & Key
West are cut off or regional business is suspended.
The following outlines different situations and reviews the response for each. This
preparedness plan begins before each hurricane season with the Firm's standard digital assets
protocol.
STANDARD PROCEDURES
All Monroe County Digital Assets (broadcast, print, electronic & account service) are backed
up and updated monthly on external hard drives stored at 2 locations;
Locally in a fire safe at 1241 Mariola Court, Coral Gables FL 33134
Out of Market at One World Productions, 824 W. Superior Street Suite 201 Chicago,
I L 60642
All Monroe County Digital Print Assets are stored in a Cloud (a remote file server) and backed
up daily.
All Monroe County Video Assets and Digital Tape are backed up at Tinsley as well as archived
at One World Productions, Chicago, IL.
All Audio Assets are backed up at Tinsley as well as archived at Audacity Recording,
Hollywood, FL.
TEAM REVIEW
The Florida Keys & Key West emergency team is comprised of the following staff members:
CEO
President
Senior Vice President, Account Management Supervisor
Executive Vice President, Creative Director
Director of Information Services
Senior Account Executive
Account Coordinator
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This team reviews possible scenarios each season and is empowered to manage hurricane
communications per contract between MCTDC and the Firm. The team is ready to respond to
category 1 through 5 storms and has set procedures for when a hurricane "watch", "warning"
and "all clear" is issued by the National Hurricane Center as outlined below.
Firm officers, i.e., CEO, President, Executive Vice President and Senior Vice President will
have the authority and autonomy to make decisions affecting Monroe County's advertising
during the emergency.
HURRICANE WATCH
An announcement that hurricane conditions (sustained winds of 74 mph or higher) are possible
within the specked coastal area. Because hurricane preparedness activities become difficult
once winds reach tropical storm force, the hurricane watch is issued 48 hours in advance of
the anticipated onset of tropical -storm -force winds.
ACTION - All current Monroe County jobs are backed up on external hard drives as well as
loaded into Florida Keys emergency team's laptop computers.
A special toll -free telephone line 1-877-881-8283 is activated so the Client and employees can
receive post storm messages regarding the status of The Florida Keys and the Firm.
HURRICANE WARNING
An announcement that hurricane conditions (sustained winds of 74 mph or higher) are
expected somewhere within the specified coastal area. Because hurricane preparedness
activities become difficult once winds reach tropical storm force, the hurricane warning is
issued 36 hours in advance of the anticipated onset of tropical -storm -force winds.
ACTION - Tinsley office closes and team members work from home (if not in an evacuation
zone) or from a remote location outside of the evacuation areas.
Selected sites may be in or out of the state of Florida depending on the severity and/or
track of the storm.
CATEGORY 1 OR 2 STORM
The Tinsley building is situated above the flood plain and is a storm resistant concrete
structure that has previously withstood hurricanes. Therefore, damage from a category 1 or 2
storm is not expected. After the storm is over, The Florida Keys team will return to the Firm
offices to create post hurricane advertising.
Accord Productions, a nearby alternate location with emergency power (currently houses
Stuart Newman $ Associates) will also be available to the Firm if needed.
1
74 - 95
Very dangerous winds will produce some damage
2
96 - 110
Extremely dangerous winds will cause extensive
damage
ACTION - Tinsley office closes and team members work from home (if not in an evacuation
zone) or from a remote location outside of the evacuation areas.
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Selected sites may be in or out of the state of Florida depending on the severity and/or track of
the storm.
Post -hurricane ads will be planned, created and uploaded on a timely basis for dissemination
via newspaper, Internet, radio or other media as may be required.
3
111-130
Devastating damage will occur
4
131-155
Catastrophic damage will occur
5
> 155
Catastrophic damage will occur
ACTION - Same pre -planning protocols as outlined in a Category 1 or 2 storm except selected
team members will travel to Chicago before evacuation notice is issued. This will ensure full
functionality from One World Productions, a Tinsley supplier who stores The Florida Keys
digital assets on external hard drives. The Florida Keys team arrives in Chicago before the
hurricane strikes and monitors its effects during and after any storm.
Post -hurricane ads will be planned, created and uploaded on a timely basis for dissemination
via newspaper, Internet, radio or other media as may be required. Depending on logistics and
storm severity the Firm may, at its discretion, decide to send its team to an alternate location
i.e. Orlando or Jacksonville, Florida. This will be possible since all current work will be
contained on external hard drives with the most current work accessible on the Cloud.
POST STORM
Florida Keys & Key West team continues to be in close contact with the TDC Director and
Public Relations firm while coordinating storm aftermath phase. Both Florida Keys and Firm
status will be regularly updated on dedicated toll -free information line until communications and
area infrastructure are again fully operational. Post storm marketing will proceed as planned.
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