#10-5534 (Alan Maltz)
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, Naples, (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 I. 2010 and terminating on
June 30, 2011. The CLIENT may, at its discretion and with the consent of the ARTIST. renew the
Agreement under all of the terms and conditions contained in this Agreement for two (2)
additional one (1) year periods. The CLIENT shall give the ARTIST wriften notice of the CLIENT's
intention 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 one (I) year, and
subsequent years' agreements will be based on availability and appropriation of tourist tax
funds.
OBJECTIVE: To artistically capture and visually portray the spirit of the Paradise Coast.
Collier County, Florida, as it has never been viewed before. This will be accomplished through a
series of fine art photo shoots resulting in the creation of a library of high quality thematic
imagery. Each subject and location selected for these shoots will be specific to the area and
represent the Paradise Coast 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 the prelude to a project of great importance and purpose.
JOURNEY THROUGH PARADISE will be designed to enlighten and inspire people from around the
world. It will bring awareness and visibility of the highest caliber to the Paradise Coast through 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 to take what exists in life and transform it into
something magical - to open a door of perception which allows the viewer to see the world
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with new eyes. This is ARTIST's gitt, 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 creator 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 licensed to Collier 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. Maltz 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 dollars ($60.000) over a three (3) year period. Proof of performance
will be delivery of a proof of the final version of each shot. Third party usage without the 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 also permitted but requires tinal approval trom Alan S. Maltz. An
appropriate credit line, @ Alan S. Maltz/alanmaltz.com. must appear on all imagery used for
editorial and trade show purposes.
The Client cannot reproduce the photographs for any art related products beyond that
stated above. either in print or in electronic tormat. Such products include but are not limited to:
art prints of any kind, posters, note cards. calendars, post cards. screen savers, etc. It the Client
wishes to pursue production ot work in this category, it must be with the written consent ot Alan
S. Maltz. Alan S. Maltz retains the absolute right to utilize and present these photographs tor all art
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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 dollars ($60,000) plus expenses, in compliance with Section 112.061, will be paid for the services at
Alan S. Maltz over a three (3) year period based on availability and appropriation at tourist tax tunds. A
minimum of ten (10) shots will be selected over the term at the tirst year. The tirst five (5) images plus
expenses will be selected within the tirst thirty (30) days of signing this Agreement. This will include thirty (30)
images tram a suggested shot list and/or recently shot porttolio of Alan S. Maltz. A portion of the expenses
for film, processing, editing, food, lodging, scouting and preparation, helicopter and boat rental, model
fees, assistants, post production, and other costs associated with this project will be paid by the CLIENT up
to a maximum per year of ten thousand dollars ($10,000).
Travel expenses shall be reimbursed pursuant to Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileaae $0.445 Der mile
Breakfast $6.00
Lunch $11.00
Dinner $ 19.00
Airfare Actual ticket cost limited to tourist or coach class
fore
Rental car Actual rental cost limited to compact or
standard-size vehicles
Lodging Actual cost of lodging at single occupancy rate
with a caD of no more than $150.00 Der niaht
Parkina Actual cost of Darkina
Taxi or AirDor! Limousine Actual cost of either taxi or airoort limousine
Reimbursable items will be paid at cost with no markup only after ARTIST has provided all receipts. ARTIST
shall be responsible for all other costs and expenses associated with activities and solicitations undertaken
pursuant to this Agreement.
Payment will be made upon receipt of a proper invoice, not more than once every thirty
(30) days and upon approval by the Project Manager or his designee, and in compliance with
Chapter 218, Fla. Stats" otherwise known as the "Local Government Prompt Payment Act".
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Payments will be made tor services furnished, delivered, and accepted and approval of
invoices submitted on the date of services or within six (6) months after completion of
agreement. Any untimely submission of invoices beyond the specified deadline period is subject
to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be
deemed ot the essence with respect to the timely submission of invoices under this agreement.
ESTIMATE OF TIME: Based on the terms and conditions set forth in this document, the
maximum shooting time allocated for this project is estimated at fitteen (15) days tor all thirty (30)
images. It the project is extended beyond the allocated time, the Client will be provided with
an estimate of additional cost to complete the project and ARTIST will only proceed upon
receipt of written approval ot said additional costs. Either party may terminate this agreement
with thirty (30) days written notice. Upon such termination by Client all photography completed
to 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 initiation ot any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives
of ARTIST or with full decision-making authority and by County's staff person who would make
the presentation ot any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation 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 State ot Florida. The mediation
shall be attended by representatives of ARTIST with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at
mediation to County's board for approval. Should either party fail to submit to mediation as
required hereunder, the other party may obtain a court order requiring mediation under Section
44.102, Fla. Stat.
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Any suit or action brought by either party to this Agreement against the other party
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 if mailed
or faxed to the ARTIST at the following Address:
Alan S. Maltz
1210 Duval Street
Key West, FL 33040
Phone: (305) 294-0005
E-mail: visions@alanmaltz.com
All Notices from the ARTIST to the CLIENT shall be deemed duly served if mailed or faxed to
the CLIENT to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The ARTIST and CLIENT may change the above mailing address at any time upon giving
the other party written notification. All notices under this Agreement must be in writing.
NO PARTNERSHIP: Nothing herein contained shall create or be construed as creating a
partnership between the CLIENT and the ARTIST or to constitute the ARTIST as an agent of the
CLIENT.
INDEMNIFICATION: To the maximum extent permitted by Florida law, the ARTIST shall
indemnify and hold harmless CLIENT, 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 ARTIST or anyone employed or utilized by the ARTIST in the performance of this
Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce
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any other rights or remedies which othervvise 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.
CLIENT'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, loan, fee, service or other item of value to any
CLIENT employee, as set forth in Chapter 112, Part III. 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, including but not limited to: submitting bids, RFP, and/or quotes: and, c.
immediate termination of any agreement held by the individual and/or firm for cause.
IMMIGRATION LAW COMPLIANCE: By executing and entering into this agreement, the
ARTIST is formally acknowledging without exception or stipulation that it is fully responsible for
complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8
U.s.e. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the
ARTIST to comply with the laws referenced herein shall constitute a breach of this agreement
and the County shall have the discretion to unilaterally terminate this Agreement immediately.
AGREEMENT TERMS: If any portion of this Agreement is held to be void, invalid, or
othervvise unenforceable, in whole or in part, the remaining portion of this Agreement shall
remain in effect.
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IN WITNESS WHEREOF, the ARTIST and CLIENT, have each, respectively, by an authorized person or
agent, hereunder set their hands and seals on the date and year first above written.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By: ~,
Fred W. Coyle, Chairman
,
ALAN S. MALTZ
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ARTIST
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