Agenda 07/27/2010 Item #16F 6Agenda Item No, 16F6
July 27, 2010
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Agreement #10 -5534 between Collier County
and Alan S. Maltz, photographer, to produce a series of original
photographs of Collier County for use in tourism promotion and authorize
the Chairman to execute the agreement in the amount of up to $90,000 or
$30,000 per year for three fiscal years.
OBJECTIVE: Approve an agreement with Alan Maltz, photographer, to produce
a series of original photographs for tourism promotion.
CONSIDERATIONS: Alan Maltz is a well recognized Florida based fine art
photographer. He has been recognized by the State of Florida as their Official
Wildlife Photographer and by the Florida Wildlife Foundation as their Official Fine
Arts Photographer. He has produced three award winning large format Florida -
based coffee table books for the State of Florida, Lee County Port Authority and
the City of Key West.
Alan has approached the Convention and Visitors Bureau to produce a new
series of thirty original photographs of Collier County. We will have the exclusive
right to utilize and present these photographs for all forms of advertising and
marketing, electronic media including websites, internet and social media for a
period of five years, renewable at our option. We plan to use these photographs
and the fine art books produced from the entire collection in our marketing efforts
both here and overseas.
The CVB staff has developed a list of suggested scenes for Alan Maltz to capture
and he has agreed to produce these and many more photographs in Collier
County. The project gives the CVB some unique publicity opportunities to
promote Alan's "Journey Through Paradise" throughout the County to produce
these photographs using a special website and social media techniques. We will
also have new photographs to display at trade shows and in future advertising.
The series of 30 photographs will be completed by Alan Maltz over the next three
years at an annual cost of $30,000 including travel and production expenses not
to exceed $10,000 per year for a total project cost over three fiscal years of
$90,000.
Alan is unique in the fine art photography field and we feel his artistry cannot be
duplicated by any other photographer. The County Purchasing Department has
approved Alan Maltz as a sole source for this work.
ADVISORY BOARD RECOMMENDATION: The TDC unanimously (8 -0)
recommended funding this project at its May 24, 2010 meeting.
Agenda Item No, 16F6
July 27, 2010
Page 2 of 10
FISCAL IMPACT: The total project cost of $90,000 will be budgeted in Tourism
Promotion and Advertising Fund 184 over three fiscal years, beginning with FY
10.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the
County Attorney's Office and is legally sufficient —JBW.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth
Management Plan from this action.
RECOMMENDATION: That the Board of County Commissioners approves
Agreement #10 -5534 between Collier County and Alan S. Maltz, photographer,
to produce a series of original photographs of Collier County for use in tourism
promotion and authorize the Chairman to execute the agreement in the amount
of up to $90,000 or $30,000 per year for three fiscal years.
SUBMITTED BY: Jack Wert, Tourism Director
Agenda Item No. 16F6
July 27, 2010
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16F6
Item Summary:
Recommendation to approve Agreement #10 -5534 between Collier County and Alan S.
Maltz.. photographer, to produce a series of original photographs
of Collier County for use in
tourism promotion and authorize the Chairman to execute
the agreement in the amount of up
to $90,000 or $30,000 per year for three fiscal years beginning in FY 2010.
Meeting Date:
7/27/2010 9:00:00 AM
Prepared By
Jack Wert
Director - Tourism
Date
Tourism
Tourism
7/1312010 9:04:21 AM
Approved By
Lyn Wood
Contracts Specialist
Date
Administrative Services
Division
Purchasing & General Services
7/1312010 10:50 AM
Approved By
Jennifer White
Assistant County Attorney
Date
County Attorney
.County Anompy
7/1412010 3:27 PM
Approved By
Jeff Klatzkow
County Attorney
Date
7/1412010 3:55 PM
Approved By
Jack Wert
Dkrecmr - Tourism
Date
Tourism
Tourism
7//412010 5:'6 PM
Approved By
Steve Carrell
Director - PurchasmglGeneral Services
Date
Administrative Services
Division
Purchasing & General Services
7/15/2010 6:19 PM
Approved By
OMB Coordinator
Date
County Manaae:'s Office
Office of Management & Budget
7116!2010 9:43 AM
Approved By
Mark Isackson
ManagementlBudoet Analyst. Senior
Date
Office of Management &
-- Budget
Office of Management & Budget
7//712010 2:14 PM
Agenda Item No. 16F6
July 27, 2010
Page 4 of 10
Agreement #10 -5534
CAPTURING PARADISE - A FINE ART PHOTO SHOOT
This Agreement is between the Collier County, a political subdivision of the State of Florida,
Collier County, Noples, (hereinafter referred to as CLIENT) and Alan S. Maltz, photographer
(hereinafter referred to as ARTIST).
TERM: This is a one (1) year agreement commencing on July 1. 2010 and terminating on
June 30, 2011. The CLIENT may, at its discretion and wish the consent of the ARTIST, renew the
Agreement under all of the terms and conditions contained in this Agreement for two (2)
additional one 11) year periods. The CLIENT shall give the ARTIST written notice of the CLIENT's
mention to extend the Agreement term not less than ten (10) days prior to the end of the
Agreement term then in effect. Funding is not guaranteed beyond ore (1) year, and
subsequent years' agreements wiil be based on ova'Icbility and appropriation of -ourist tax
funds.
OBJECTIVE: To artistically capfure and visually portray he spirit of the Paradise Coast,
Collier County, Florida, as it has never been viewed before, This will be accompllshed through a
series of tine on photo shaots resjting in the creation of a library of high quality thematic
imagery_ Each subject and location seiected for these shoots will be specific to the area and
represent ttie Paradise Coos' in its best light.
A shot list compiled by the CLIENT staff will be used as a guide for these photo sessions.
This photo shoot will serve as it:e prelude io a projeci of great importonce and purpose.
JOUP,NEY THROUGH PAP,Ai71iE will be designed -a enlighten and inspire people from around the
world. It will bring owa,eness and visibility cf the highest caliber To the Paradise Coast Inrough a
series of high profile projects which will include a large format coffee table book and an elegant
collection of fine art.
PERSONAL VISION: ARTIST'S goal is io lake wliot exists in life and transform it into
something moaicol - to open a door of perception which atows the viewer to see the world
Agenda item No. 16F6
July 27, 2010
Page 5 of 10
with new eyes. This is ARTIST's gift, purpose, and dream. ARTIST holds the designation of the
Official Wildlife Photographer and the Official Fine Arts Photographer for the state of Florida by
the Wildlife Foundation of Florida and VISIT FLORIDA respectively. ARTIST is also the creotor of
four award winning large format Florida -based coffee table books. Therefore ARTIST's work is
unique and can be considered one -of a kind. ARTIST feels his passion for the Paradise Coast is
evident in his preliminary works in this area. Collier County is rich in diversity, natural beauty and
mystique.
From the sophistication and culture of Naples, to the beaches and charm of Marco Island, to
the primal beauty and enchantment of the Everglades, ARTIST believes this location has it all,
and is motivated and inspired to make this project his best work to date.
RIGHTS GRANTED: The photographs will be ricensed to Col:ier County (on an exclusive
basis for a period of five (5) years From the acceptance of the first shot (with the exception
noted to Alan S. Math stated below) commencing upon the beginning of this agreement.
Payment will be at the agreed amount of two thousand dollars {$2,000( per shot up to a
maximum of sixty thousand dollors ($50,000) Ivor a friree IJJ year period. Proof of pe formance
will be delivery of a proof of the final version of each shot. Third party usage wilhout fhe written
consent of ARTIST (Alan S. Maltz) is strictly prohibited. The CLIENT will have the right to utilize and
present the photographs for their specific purposes which includes all forms of advertising and
marketing, all electronic media including website, internet and social media. All editorial and
trade show usage is oso permitted but requires final approval from Alan S. Maltz. An
appropriate credit line, Q A'an S. Moltz/alonmaltz.com, must appear on all imagery used for
editorial and trade snow purposes.
The Client cannot reproduce the photographs for any art refcted products beyond that
stated above, eifher in print or in electronic format. S ,)ch products include but are not limited to:
art prints of any kind, poste-s, note cards, calendars, post cards, screen savers, etc. If the Client
wishes to pursue production of work in this category, it must be with the written consent of Alon
S. iYaltz. Alan S. Maltz reta' ins 'fie absolute right to utilize cnd present these photographs for all art
Page 2
Agenda Item No. 16F6
July 27, ?010
Page 6 of 10
related, editorial and promotional purposes. Alan S. Maltz retains all copyright and ownership rights to
these photographs.
FINANCIAL TERMS: Based on these terms and other considerations, it is anticipated that a sum of sixty
thousand dclicrs 1$60,000) plus expenses, in compliance with Section 112.061, will be pain for the services of
Alan S. Maltz over a three l3) year period based on availability and approo1ofion of tourst tax funds. A
minimum of tan (10) snots wiP oe selected over the term of the first year. The first five (5) images plus
expenses will be selected within the first thirty 130) days of signing this Agreement. This will include thirty j301
images from a suggested shot list ano /or recently snot ponfolie of Alan S. Maltz. A portion of the expenses
for film, pracessirg, editing, food, lodging, scouting and preparation, helicop-er and boat rental, model
fees, assistants, post production, and other costs associated wlh ihls project wit be paid by the CLIENT up
to a maximum per year of ten thouscrd dollars i$10,DOO).
Travel expenses sha!I be reimbursed pursconl to Section 112.061 Flu. Slats.
Reimburse'.- -rts sholl be at the following rates:
r 1t ecoe
,0 445 Der mile
Breakfast
56.00
SIIAO _ .. -...
Dinner
$19.00
- --- - ---
A irfare
- - -r— _
1_ai ticket Cost lirrited t0 taJ(I <i OT.Odah aa55
A
�i
rata
Renal car
Awl gal rental test Ilrniled to compact or i
1 s +ondard -size vehicles
_
Lodging
I AClual cost of odging at ina e oCc.iponcy rate
w II a can of n_ more than $15_O.Or, ner niahf
Parking
Ac'.Lai cos' of narking
- - -
.. _.. _ .._.
Taxi or Airport Limo�sln°
_
_._. -.. ._.__
Ac ual r s_.of ifher taxi or ai•oort Ilmau:ine I
J
Reimbursable items will be paid at cost with no markup only oiler A.RPS' nos provided o11 receipts. ARTIST
shat! Ce 'esponslble for all other cv5ts and eApe-nses o5ruci5i--d with "livifies and UnciertoKer -,
pursuant to this Agrearnerl.
Payment will be mode upon receipt of a proper invoice, not more than once e, ery ` hirty
(301 days and upon approval by the Project Manager or his designee. and In compliance with
Chaoter 218, Fla. Stais., otherwise known as the "Local Government Prompt Payment Act ".
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Agenda Item No. 16F6
July 27, 2010
Page 7 of 10
Payments will be made for services furnished, delivered, and accepted and approval of
invoices submitted on the date of services or within six (6) months offer comelefion of
agreement. Any untimely subr ion of invoices beyond the specified deodllne period is subject
to non - payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this ogreemcnt.
ESTIMATE OF TIME: Eased on the terms and conditions set forth in this document, the
maximum shooting time allocated for this project is estimated at fifteen (15) days for a'J thirty (30)
images. If the project Is extended beyond the allocated time, `he Client will be provided with
an estimate of additional cost to complete the project and ARTIST will only proceed upon
receipt of written approval of said adcl4ionol costs. Either party may terminate this ogreement
with thirty (30) days written notice. Upor such termination by Client all photography completed
t0 date plus expenses based on photo shoots and other selections directed by Client must be
paid in full by Client. This includes all outstanding invoices.
DISPUTE RESOLUTION: Prior to the inifiafion of any action or proceeding permitted by this
Agreement to resolve disputes behveen the parties, the oorties shall make a good faith effort to
resolve any such disputes by neaotiation. The negotiation shall be attended by representatives
of ARTIST or with full decision- moring authority and by County's staff person who would make
the presentation of eny settlement reacted during negotiations to County for approval. Failing
resolution, and prior to the commencement of cepositions in ony lltiaofion between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed -upon Circuit Court Mediator certified by the Sate of Floiidu. The mediation
shalt be attended by representatives of ARTIST with full decision- mok'rq outhority and by
County's staff person who would make fhe presentation of any settlement reached of
mediation to County's board for cpproval. Should either party fail to submit to mediation as
required hereunder, the other party racy obtain a court orcie, requiring medtafion under Section
44.102, Fla, Stat,
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Agenda Item No. 16F6
July 27. 2010
Page 8 of 10
Any suit or action brought by ether party to this Agreement against the other pary
relating to or arising out of this Agreement must be brought in the appropriate federal or state
courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such
matters.
NOTICES: All notices from the CLIENT to the ARTIST shall be deemed duly served R mailed
or faxed to the ARTIST at the following Address:
Alan S. Maltz
1210 Duval Street
I' 'ey West, FL 33040
Phone: (305) 2 94 -0005
E -mail: visionssalanmaitz.com
All Notices from the ARTIST to the CLIENT shall be deemed duly served if mailed or faxed to
the CLIENT to:
Collier County Govemment Center
Purchasing Department - Purchasing Building
3301 Tomiami Trail East
Naples, Florida 34112
Attention: Steve Cornell, Purchasing /GS Director
Telephone: 239-252-8371
Fac simile: 234 - 252 -6534
-he ARTST and CNENT may cnange the above mailing address at any fir-ie upon giving
the other party written notification. AI notices under this Agreement must be in wdting-
NO PARTNERSHIP: Nothing herein ocniainea shall creole or be constnued as creating a
partnership be vveen the CLIENT and the ART "ST or to c-;rstitute the f,RTIST as an agent of the
CLIENT.
INDEMNIFICATION: To the .mc:ximu.m o lent peurltt�d by Flarlaa law, the ARTIST shall
indemnify and hold 'harmless C'JEdT, is officers and employees from any and all liabilities,
damages, losses and costs, including, but not limited to, reasonabe attorneys' fees and
paralcgais' fees, to the exlent caused by it,e negliaerice, recklessness, or intentionally wrongful
conduct of the ARTST or anyone empto,,,ed or utilized by the ARTIST in the performance of this
Agreement. This indemnification obligation sha!I not be construed to negate, abridge or reduce
Fane
Agenda Item No. 16F6
July 27, 2010
Page 9 of 10
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 incident arising from the sole negligence of CLIENT,
CLIE.NT's liability is subject to the limits of Section 768.28, Fla. Stats.
AGREEMENT ADMINISTRATION: This Agreement shall be administered on behalf of the
CLIENT by the Tourism Department.
PROHIBITION OF GIFTS TO COUNTY EMPLOYEES: No organization or individual shall offer or
give, either directly or indirectly, any favor, gift, !oon, fee, service or other item of value to any
CLIENT employee, as set forth in Chapter 112, Part 111, Florida Statutes, Collier County Ethics
Ordinance No. 2004 -05, and County Administrative Procedure 5311. Violation of this provision
may result in one or more of the following consequences: a. Prohibition by the individual, firm,
and /or any employee of the firm from contact with CLIENT staff for a specified period of time; b,
Prohibition by the individual and /or firm from doing business with the CLIENT for a specified
period of time, includirg but not limited to: submifling bids, RFP, and /or quotes; and, c,
Immediate termination of any agreement held by -he individual and /or firm for cause.
IMMIGRATION LAW COMPLIANCE: By execuiing and entering info this agreement, the
ARTIST is forma ly acknowledging without exception or Adulation that it is fully responsible for
complying with the provisions of the Immigration Refo,m and Control Act of 1986 as located ct 8
U.S.C. 1324, ei seq. and regu fations relating thereto, as either may be amended. Failure by the
ARTIST to comply with the laws re erenced herein shall constitute a breach of this agreement
and the County shall have the discretion to uniloterolly -erminoIe this Agreement immediately,
AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or
otherwse unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
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Agenda Item No. 16F6
July 27, 2010
Page 10 of 10
IN WITNESS WHEREOF, the ARTIST and CLIENT, have each, respectively. by an authorized person or
agent, hereunder set their hcnds and sea's on the date and year first above wflen.
ATTEST:
Dwight E. Brock, Clerk of Courts
By' - --
Doted:
(SEAL}
f
^:f 1`Iln^53
�prir�t w :rnaw� ran-�e1.
'.,,dne 55
' ?ypelpnnt witness names
Approved as to form and
egal sufficiency:
Assistant County P.ttarney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
lay: — --
Frcd W. Coyle, Chairman
ALAN S. MALTZ
ARTIST
PAAj 'y 1 — - -- .. -
Signature
Typed signature and title
n _�
-� T r Ir':: % a-- Rte. .'�- �'`'i -� ` ` �_-
Print Noma
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