Item D6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: SEPTEMBER 20 2006
Bulk Item: Yes X No
Division: TDC
Department:
Staff Contact Person: Maxine Pacini
AGENDA ITEM WORDING:
Approval of an agreement with Tinsley Advertising and Marketing, Inc. to provide advertising services
for the Monroe County TDC and County.
ITEM BACKGROUND:
TDC approved same at their meeting of August 22, 2006
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
New Contract
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Based on Commission BUDGETED: Yes X No
COST TO COUNTY: Based on Commission SOURCE OF FUNDS: TDC
REVENUE PRODUCING: Yes X No AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DIVISION DIRECTOR APPROVAL:
(Lynda Stuart)
DOCUMENTATION:
DISPOSITION:
Revised 2/05
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Tinsley Advertising and Contract #
Marketing, Inc. Effective Date: 10/1/06
Expiration Date: 9/30/09
Contract Purpose/Description:
Approval of an agreement with Tinsley Advertising and Marketing Inc to provide
advertising services for the Monroe County TDC and County.
Contract Manager: Maxine Pacini
(Name)
for BOCC meeting on 9/20/06
3523 TDC # 3
(Ext.) (Department/Stop #)
genda Deadline 9/5/06
CONTRACT COSTS
Total Dollar Value of Contract: $ Based on Current Year Portion: $
Commission
Budgeted? Yes® No ❑ Account Codes :—SEE ATTACHED SHEET
Grant: $
County Match: $ - - -
Estimated Ongoing Costs: $_
(Not included in dollar value above
ADDITIONAL COSTS
/yr For:
anitorial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
ate n Needed Revie er
Division Director ,�Yes❑ No,F"T,'
Risk Manageent�" Yes❑ NoQj
0. M. B. /Purchasing n Yes❑ No " g I(� UG
County Attorney Yes❑ No❑ S.Grimslev
Comments:
OMB Form Revised 2/27/01 MCP 42
115
75011
530340
T75C 238
X
530340
CULTURAL UMBRELLA RESOURCES
240,992
115
75022
530340
T75F 239
X
530340
GENERIC FISHING ADS
262,650
115
75033
530340
T75D 239
X
530480
DIVE UMBRELLA
365,000
116-
76065
530340
T76G 379
X
530340
ADVERTISING EXPENSES
29,500
116-
76065
530340
T76G 379
X
530400
ADVERTISING EXPENSES
5,500
116-
76065
530340
T76G 379
X
530410
ADVERTISING EXPENSES
15,000
116-
76065
530340
T76G 239
X
530480
PROMOTIONAL ADVERTISING
2,700,000
116-
76065
530340
T76G 380
X
530340
COLLATERAL MATERIALS
3,000
116-
76065
530340
T76G 380
X
530470
COLLATERAL MATERIALS
77,000
116-
76660
530340
T76G 336
X
530340
DAC I AD CAMPAIGN
1,165,891
116-
76660
530340
T76G 337
X
530340
DAC H AD CAMPAIGN
89,046
116-
76660
530340
T76G 338
X
530340
DAC III AD CAMPAIGN
216,066
116-
76660
530340
T76G 350
X
530340
DAC IV AD CAMPAIGN
207,943
116-
76660
530340
T76G 339
X
530340
DAC V AD CAMPAIGN
226,537
117-
77020
530480
T77P 239
X
530480
DISTRICT#1 AD CAMPAIGN
815,180
118-
78020
530480
T78P 239
X
530480
DISTRICT #2 AD CAMPAIGN
197,756
119-
79020
530480
T79P 239
X
530480
DISTRICT #3 AD CAMPAIGN
191,416
120-
70020
530480
T70P 239
X
530480
DISTRICT AD CAMPAIGN
458,901
121-
71020
530480
T71P 239
X
530480
DISTRICT #5 AD CAMPAIGN
443,683
ADVERTISING AGENCY AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this day of , 2006, by and
between Monroe County, a political subdivision of the state of Florida, ("County") and Tinsley
Advertising and 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
WHEREAS, County desires to enter into this Agreement for advertising services with
the Firm;
NOW, THEREFORE, the parties agree as follows:
1. Term: The term of this agreement is for a period of three (3) years beginning
October 1, 2006 and expiring on September 30, 2009. The County has an option to extend
this agreement for an additional two (2) year period beyond the initial award period upon the
same terms, upon 90 days prior written notice of the Agreement extension to Firm, and
subject to negotiation of monetary terms listed under Compensation (Paragraph 3.d.2.) as
approved by the TDC.
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 agreement is a professional service agreement 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) Sandra Tinsley, Chairman of the Board
2) Jim Flanagan, President
MINIMUM STAFF PERSONNEL ASSIGNED:
1) Account Management Supervisor; approved by the Chairman of the
TDC and Marketing Director
2) Account Supervisor; Account Executive; and additional staff within the
normal services will be assigned as required.
B. At least one of the principals shall meet with the Monroe County TDC at
all regularly scheduled meetings of the TDC and Advisory Committee's, and at any other
times as directed by the TDC.
Tinsley Advertising Agency Agreement 2006
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 Chairman
or Vice-chairman 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.
E. Firm shall provide input into the design and creative content of the
website.
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
agreements to be more inclusive of total work and keep costs to a
minimum.
K. Firm shall establish agreements with sub -contractors for production,
traffic and other marketing services.
L. Firm shall obtain written pre -approval on all advertising, media, projects
and materials from the TDC Marketing Director or TDC Chairman.
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
Tinsley Advertising Agency Agreement 2006
2
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
agency plus 13% percent commission. 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. Cooperative advertising is established to provide lodging accommodations and
other tourist related businesses within Monroe County, so to buy into TDC advertisements at
a cost effective rate.
2) Firm shall be reimbursed for projects designated as special projects
in the annual marketing plan and approved by the TDC at actual costs, not to exceed the
amount budgeted by TDC, plus 13%, 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, 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 agreement. The Firm also agrees
that it will have protocol (See Exhibit A) in place for any catastrophe affecting the Firm's base
of operations, ie.: 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.
C. Invoices
1) All invoices submitted by the Firm to the TDC shall have the
proper purchase order number, and marked as to which account it is properly chargeable.
2) Normal production costs for specific pre -approved jobs will be
submitted for payment at one time upon completion.
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.
Tinsley Advertising Agency Agreement 2006
4) The Firm's invoices and statements shall be payable by County
according to the Florida Local Government Prompt Payment Act.
D. Production Charges:
1) The 13% Commissions on the net media placement budget covers the cost
of: agency senior management services, account management services, media
services, accounting services and staff creative development services for
generic, DAC's, events and umbrella's 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.
(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 campaign, 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:
Concepts and Comprehensive Layouts - $130.00
Senior Copywriter - $110.00
Copywriter - $95.00
Senior Art Direction & Supervision - $120.00
Broadcast Supervision - $90.00
Computer Artist & Type - $110.00
Traffic & Production Supervision - $95.00
B/W Stats - $15.00 each, color outputs $5.00 each
3) Out of pocket expenses for creative development are reimbursable at
cost plus 12% and include, but are not limited to, the following:
Photographers and Assistants
Film Production Crew
Tinsley Advertising Agency Agreement 2006
4
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 agreement 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 agreement is contingent upon an annual
appropriation by the Board of County Commissioners.
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 agreement. 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 agreement awards
will be offset by the amount of any audit exceptions. In the event there are not funds still held
by TDC/County for an agreement 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. Advertisinq 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 Agreement. 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 Rights: 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
Tinsley Advertising Agency Agreement 2006
5
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 agreement, provided the County has
paid for same in accordance with the provisions of this Agreement. Photography images are
available to Monroe County tourist related businesses promoting tourism with a usage
agreement 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 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 County shall only be liable for charges
approved in writing prior to the Firm entering into such contractual commitment.
9. Termination: Termination of this agreement 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 agreement until the date of
termination. County 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 agreement 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.
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 tax.
14. Finance Charges: The County and TDC will not be responsible for any finance
charges.
15. Relations of County/TDC and Fiirm: 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
Tinsley Advertising Agency Agreement 2006
6
part of Tinsley Advertising & Marketing Inc., 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 Maieure: 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
agreement. 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 agreement, or of any or all of its rights, title or interest therein, or its power to
execute such agreement 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 agreement. This
agreement 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 agreement 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 specified in this agreement
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.
either:
Firm shall provide, to the County, as satisfactory evidence of the required insurance,
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 agreement.
Tinsley Advertising Agency Agreement 2006
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 agreement 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.
A. Prior to the commencement of work governed by this agreement the
Firm shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida
Statute 440.
less than:
In addition, the Firm shall obtain Employers' Liability Insurance with limits of not
$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 agreement.
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 agreement, the
Firm shall obtain General Liability Insurance. Coverage shall be maintained throughout the
life of the agreement 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:
Tinsley Advertising Agency Agreement 2006
8
$ 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 agreement. 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 agreement 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 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
D. Advertising Professional Liability Insurance with minimum limits of
$1,000,000 per Occurrence and $2,000,000 aggregate.
21. Governing Law/Venue: 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 Firm. Venue for any dispute shall be in Monroe County.
22. Entire Agreement Amendment: This writing embodies the entire agreement
and understanding between the parties hereto, and there are not 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 the TDC and approved by the County and signed by both parties.
23. Severability: If any provisions of this Agreement shall be held by a Court of
competent jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the
application of such provision other than those as to which it is invalid or unenforceable, shall
not be affected thereby; and each provision of this Agreement shall be valid and enforceable
to the fullest extent permitted by law.
24. Authori : Each of the signatories for the Firm below certifies and warrants that:
Tinsley Advertising Agency Agreement 2006
9
a) Firm's name in the Agreement is the full name as designated in its
corporate charter.
b) He/she is empowered to act on this Agreement for the Firm.
c) This Agreement 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 agreement without liability and may also, at its discretion, deduct
from the agreement 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
an agreement to provide any goods or services to a public entity, may not submit a bid on an
agreement 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 an agreement with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day
and year first above written
(SEAL) Board of County Commissioners
Attest: Danny L. Kolhage, Clerk of Monroe County
Deputy Clerk
(CORPORATE SEAL)
Attest:
By.
Secretary
Print Name
OR
(1) Witness
Print Name
Tinsley Advertising Agency Agreement 2006
Mayor/Chairman
V�t..4-,,.,4G,�,✓
Print Name
(2) Witness
Print Name motiROE Y ATTORNEY
/APPROVED AS TO FORM:
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Exhibit A
Tinsley Advertising/Florida Keys & Key West
Hurricane Preparedness 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 Agency has identified various hurricane scenarios that left unchecked, could affect the
Agency's service capability to Monroe County. Therefore, to ensure continuity, the Agency
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 Agency's standard digital
assets protocol.
STANDARD PROCEDURES
All Monroe County digital advertising assets including photography, graphics, special images,
prior ads, etc. are placed on redundant systems.
1. Servers are backed up to digital tape (weekly).
2. Servers are backed up to Firewire portable hard drives.
3. Server assets are burned onto DVDs.
4. Film transfers are archived on digital Beta tape and housed outside of hurricane zone at
One World Productions in Chicago.
5. Audio and video master elements are securely stored in Florida at Audacity Recording and
Manhattan Transfer.
Tinsley Advertising Agency Agreement 2006
TEAM REVIEW
The Florida Keys & Key West emergency team is comprised of the following staff members:
Sandy Tinsley — CEO
Jim Flanagan — President
Dorn Martell — Executive Vice President, Creative Director
John Underwood — Vice President, Account Management Supervisor
Rick Blitman — Associate Creative Director, Senior Writer
Emerson Fales — Senior Account Executive
Steven Waterman — Associate Media Director
Uly Busch — Senior Art Director
Gio Gutierrez — Director of Interactive Media
Lauren Bernat —Account Coordinator
This team reviews possible scenarios each season and is empowered to manage hurricane
communications per agreement between MCTDC and the Agency. 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. Agency officers, i.e., CEO, President, Executive Vice President and Vice President
will have the authority and autonomy to make decisions affecting Monroe County's
advertising during the emergency.
HURRICANE WATCH
All current Monroe County jobs are backed up on CD and loaded into Florida Keys
emergency team's laptop computers.
A special, toll -free telephone line is activated so that the Client and employees can receive
post storm messages about the status of the Florida Keys and the Agency.
HURRICANE WARNING
Tinsley office closes and team members work from home (if not in evacuation zone) or from
hotels outside of evacuation areas. Selected hotel sites may be in or out of Florida
depending on severity and/or track of 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 Agency
offices to create post hurricane advertising.
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The dedicated 800-number information line advises Agency employees and Client on latest
status and provides instructions. Cell phones, hard wire handsets (non -AC type) will be used
but service may be unreliable. Therefore, The Florida Keys team will also utilize a satellite
phone to coordinate information with the TDC Director, Public Relations firm and other
Monroe County entities as needed.
Although Tinsley's building is a secure structure, electricity and internet service could be
interrupted and therefore we plan to deploy a satellite internet system with generator support.
Immediately after the storm passes, the satellite antenna system (normally stored inside) is
quickly set up on top of Agency building.
The generator will power this and other systems so that the Agency is up and running within
hours of the storm. This will enable the Agency to:
• Communicate (outbound)
• Receive situation updates (inbound)
• Download data (photography, audio files, compressed video)
• Upload data (for ads and radio spots)
Accord Productions, a nearby alternate location with emergency power (currently houses
Stuart Newman & Associates) will also be available to the Agency if needed.
CATEGORY 3 - 5 STORM
Same pre -planning protocols as above 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 that has digital assets, power and internet access. Florida
Keys team arrives in Chicago before hurricane strikes and monitors its effects during and
after 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 Agency may, at its discretion, decide to send its team to
an alternate location i.e. Orlando or Jacksonville, Florida.
POST STORM
Florida Keys & Key West Agency team continues to be in close contact with the TDC Director
and Public Relations firm while coordinating storm aftermath phase. Both Florida Keys and
Agency status will be regularly updated on dedicated toll -free information line until
communications and area infrastructure are again operational. Post storm marketing will
proceed as planned.
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