Loading...
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 ". Page 3 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, Page 4 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. Page 6 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 Page 7