Agenda 12/12/2017 Item #16F612/12/2017
EXECUTIVE SUMMARY
Recommendation approve and authorize the Chairman to execute an Agreement with Samantha
Brown to fund a 2018 Samantha Brown PBS Travel Show segment in an amount not to exceed
$49,750 and make a finding that this expenditure promotes tourism.
_____________________________________________________________________________________
OBJECTIVE: Support a request to fund a segment of the PBS show “Samantha Brown’s Places to
Love.”
CONSIDERATIONS: The producers of the highly acclaimed PBS travel show staring Samantha Brown
have approached CVB staff through our PR firm, Lou Hammond Group to bring Samantha Brown to our
community to film an episode of her PBS Television series. Samantha has a special love for our area
because her parents have a home on Marco Island. We feel this show could give us some important
exposure in the family market through this program. We have had several conversations with the show
producer, and they would very much like to come to our area to film an episode in the late spring of 2018.
Staff did not include this promotion in our marketing plan for 2018 because we were not aware it would
be available. Staff requested and received unanimous support of the TDC on at their regularly scheduled
meeting on November 27, 2017. The cost to bring the crew here and produce the show is $49,750. The
Agreement as reviewed and approved by the County Attorney’s Office is attached for BCC approval.
FISCAL IMPACT: $49,750 is available in Fund 184 in the promotions line in the FY 18 BCC approved
Tourism Division budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan with this
Executive Summary.
ADVISORY BOARD RECOMMENDATION: The Tourist Development Council recommended
approval of this item 7-0 at the November 27, 2017 meeting.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - CMG
RECOMMENDATION: Recommendation to approve and authorize the Chairman to execute an
Agreement with Samantha Brown to fund a 2018 Samantha Brown PBS Travel Show segment in an
amount not to exceed $49,750 and make a finding that this expenditure promotes tourism.
Prepared by: Jack Wert, Tourism Director
ATTACHMENT(S)
1. Samantha Brown Media Agreement(1) (PDF)
12/12/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.F.6
Doc ID: 4353
Item Summary: Recommendation approve and authorize the Chairman to execute an Agreement
with Samantha Brown to fund a 2018 Samantha Brown PBS Travel Show segment in an amount not to
exceed $49,750 and make a finding that this expenditure promotes tourism.
Meeting Date: 12/12/2017
Prepared by:
Title: Tourist Development Tax Coordinator – Tourism
Name: Kelly Green
12/05/2017 3:25 PM
Submitted by:
Title: Division Director - Tourism – Tourism
Name: Jack Wert
12/05/2017 3:25 PM
Approved By:
Review:
Tourism Ed Caum Deputy Director Review Completed 12/05/2017 3:30 PM
Tourism Jack Wert Director Review Completed 12/05/2017 4:33 PM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 12/05/2017 4:53 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/05/2017 4:57 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 12/06/2017 7:29 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 12/06/2017 10:53 AM
County Manager's Office Tim Durham Executive Director- Corp Business Ops Completed 12/06/2017 11:25 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 12/06/2017 11:51 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/12/2017 9:00 AM
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mediamantha.brown
Agreement made day of 2017 between SAMANTHA BROWN MEDIA INC. with
principal address at 285 5th Avenue, Suite 428, Brooklyn, NY 11215 USA (hereinafter referred to as
"PRODUCER") furnishing the services of SAMANTHA BROWN (hereinafter referred to as "Samantha
Brown" or "ARTIST") in connection with SAMANTHA BROWN'S PLACES TO LOVE (hereinafter
referred to as "SHOW") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, C/O
NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU with principal
address at 2660 Horseshoe Drive N. #105, Naples, FL 34104 (hereinafter referred to as "PURCHASER").
RECITALS:
The PRODUCER has selected FLORIDA'S PARADISE COAST (DESTINATION) to be featured in SHOW,
the filming of which is estimated to begin in April or May, 2018.
PRODUCER's show will be edited by PRODUCER to an approximate 26 minute episode and distributed
nationally in USA by public television with expected air date to be Q1, 2019. SHOW will be actively
marketed internationally through distribution agreements.
PRODUCER hereby offers to PURCHASER the marketing services described herein for the consideration
described hereafter, subject to the terms and conditions herein.
It is mutually agreed between the parties as follows:
SERVICES: PURCHASER hereby purchases the marketing services as follows:
1. An edited "sizzle" video of 30 seconds. PURCHASER may use this material for marketing
purposes on their own digital platforms but NOT any external commercial or advertising activities
(including print/television/radio/digital advertising campaigns).
2. Website Content via www.samantha-brown.com. Website will feature dedicated SHOW web -page
about DESTINATION and will link to all activities featured in SHOW at DESTINATION.
a. PURCHASER will have option to place ad on page related to DESTINATION
b. PURCHASER will have option to provide additional content related to DESTINATION
c. PURCHASER hereby represents and warrants that any information it provides pursuant
to this subparagraph 3b.shall not be violative of any intellectual property rights of third
parties.
d. PRODUCER retains complete approval authority over the content of any ad or additional
content provided by PURCHASER.
e. PRODUCER shall use commercially available best efforts to publish on the aforesaid
website PURCHASER's ad and additional content for at least one (1) year from the date
of the airing of SHOW.
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3. Social Media engagement and promotion (i.e. Facebook, Twitter, Instagram)
a. PRODUCER will create social media posts about SHOW at DESTINATION on
PRODUCER's social media properties
b. PRODUCER will "tag" any content related to DESTINATION with PURCHASER's
provided hashtags or links
4. During the week the SHOW about DESTINATION airs, PRODUCER will create and publish
newsletter content about DESTINATION to ARTIST's e -Newsletter audience.
a. PRODUCER retains complete approval authority over the content of any newsletter
content.
5. PRODUCER will provide PURCHASER with final edited copy of SHOW for PURCHASER's own
internal purposes (NOT for re -broadcast or any other public uses)
PAYMENTS: PURCHASER shall pay PRODUCER for the aforementioned marketing services, the
following:
1. COMPENSATION: PURCHASER agrees to compensate PRODUCER for the marketing
services set forth above the amount of $49,750.00 USD which shall be paid directly to PRODUCER.
a. Payment Terms: Upon receipt of proper invoice and incompliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act."
b. Initial payment in the amount of US $25,000 due after delivery of pre -scout
planning documentation to PURCHASER and upon receipt of proper invoice.
C. Final payment in the amount of US $24,750 due after scouting visit and delivery of
scout report/filming plan to PURCHASER and upon receipt of proper invoice.
2. TRAVEL SUPPORT: PURCHASER shall pay PRODUCER'S cost of travel support
consisting of the following:
a. 7 rooms for up to 5 nights at first class hotel nearby to DESTINATION. Hotel
will be approved by PRODUCER.
b. One hotel room for PRODUCER for up to 4 nights for pre -production purposes.
3. LOCAL SUPPORT SERVICES: PURCHASER shall pay PRODUCER local support
services as follows:
a. Filming Permit or location fees at DESTINATION (if required).
Travel and local support services are not included in the total compensation amount of $49,750.
CANCELLATION. Both parties agree that if either party cancels before January 1, 2018 (for any reason), any
monies paid to PRODUCER will be returned to PURCHASER and there will be no further obligations to either
party. PRODUCER'S recovery against the PURCHASER shall be limited to the portion of services rendered
or cost made. The PRODUCER shall not be entitled to any other or further recovery against PURCHASER,
including, but not limited to, any damages or any anticipated profit on portions of the services not performed.
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Either party may cancel this Agreement for any reason with thirty days written notice to the other.
INSURANCE. PRODUCER agrees to provide the following to PURCHASER:
Commercial General Liability: $1,000,000 Per Occurrence.
Workers Compensation: Insurance covering all employees meeting Statutory Limits in compliance
with the applicable state federal laws.
Special Requirements: Collier County Government shall be listed as a Certificate Holder and included as an
Additional Insured on the Comprehensive General Liability Policy.
GENERAL TERMS AND CONDITIONS:
1. In the event PURCHASER fails or refuses to provide any of the items as herein stated, or fails or
refuses to make any of the payments as provided herein or to proceed with the ENGAGEMENT,
PRODUCER shall have no obligation to perform this agreement and shall retain any amounts theretofore
paid to PRODUCER and PURCHASER shall remain liable to PRODUCER for the full balance of the contract
price herein set forth.
2. PRODUCER'S obligations hereunder are subject to detention or prevention by sickness, inability to
perform, accident, means of transportation, Acts of God, riots, strikes, labor difficulties, epidemics, any act
of any public authority or any other cause, similar or dissimilar, beyond PRODUCER'S control (collectively
"Force Majeure"). In the event of illness, disability or death of key crew member (or of any of immediate
family members), strike, law, Act of God, governmental regulation or other Force Majeure occurrence, and
PRODUCER is unable or is prevented from filming, or complete filming of, the SHOW, PURCHASER agrees
to a commercially reasonable extension of time for PRODUCER to reschedule the filming of the SHOW
after the Force Majeure occurrence has been eliminated, resolved or accommodated, as the case may be.
Nothing herein shall be interpreted as extending the time for performance of PURCHASER's obligations
hereunder, inclusive of payment obligations.
3. PURCHASER shall not itself, nor shall it permit or authorize others (including, without limitation,
PURCHASER employees, representatives or contractors) to record, broadcast, televise, film, webcast, or
otherwise the filming of the SHOW (or any part thereof) and/or PRODUCER'S personnel at any time during
the ENGAGEMENT.
4. PURCHASER shall not commit PRODUCER or ARTIST to any interviews, promotional appearances,
meet & greets, or otherwise without PRODUCER'S prior, written consent, which shall be given or withheld in
PRODUCER'S sole discretion.
5. ARTIST'S and/or PRODUCER'S name, voice, logo and/or likeness may not be used as an
endorsement of any product or service in connection with any commercial tie-up without PRODUCER'S prior
written consent.
6. PRODUCER shall have the exclusive control over the means and methods employed in fulfilling
PRODUCER'S obligations hereunder, in all respects and in all details. This agreement shall not, in any way,
be construed so as to create a partnership, sponsorship or underwriting by PURCHASER of SHOW, or any
other kind of joint undertaking or venture between the parties hereto.
7. INDEMNIFICATION. To the maximum extent permitted by Florida law, the PRODUCER shall
indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent
caused by the negligence, recklessness, or intentionally wrongful conduct of the PRODUCER or anyone
employed or utilized by the PRODUCER in the performance of this Agreement. This indemnification obligation
shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be
available to an indemnified party or person described in this paragraph. This section does not pertain to any
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incident arising from the sole negligence of Collier County. The foregoing indemnification shall not constitute
a waiver of sovereign immunity beyond the limits set forth in section 768.28, Florida Statutes.
8. This (and any attachments hereto) constitutes the sole, complete and binding agreement between
the parties hereto, and may not be amended, supplemented, altered or discharged except by instrument in
writing signed by the parties. If any part of this Agreement is determined to be void, invalid or
unenforceable, such invalid or void portion shall be deemed to be separate and severable from the other
portions of this Agreement, and the other portions shall be given full force and effect, as though the void
and invalid portions or provisions were never a part of this Agreement. This Agreement is not binding upon
PRODUCER until executed and delivered by PRODUCER or his designee to PURCHASER. The validity,
construction and effect of the agreement shall be governed by the Laws of the state of Florida, regardless
of the place of the ENGAGEMENT. Venue shall be in Collier County, Florida.
9. The parties hereto covenant and represent that they have full authority to enter into this agreement,
that the person signing this agreement has full and complete authority by their respective party to enter into
this agreement and that no other rights or obligations of the parties prohibit them from entering into and
fulfilling their obligations under this agreement.
10. PRODUCER will retain editorial control of all content of the broadcast programming and any other
content created about DESTINATION by PRODUCER. All content created will be solely owned by
PRODUCER (with the exception of b -roll that will be provided to PURCHASER).
11. This Agreement is subject to appropriation by the Collier County Board of County Commissioners.
IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year
first above written.
By:
Penny Taylor, Chairman
Collier County Board of County Commissioners
Approved as to Form and Legality:
(&sZistant County Attorney
By:
Samantha Brown Media Inc.
Kevin O'Leary
President
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