HomeMy WebLinkAboutROLEXIS INC DBA TEAM SPORT PHOTOS - CONTRACT - BID - 5867 TEAM PHOTO SERVICESSERVICES AGREEMENT
5867 Team Photo Services
THIS AGREEMENT made and entered into the day and year set forth below by and between THE
CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the
"City" and Rolexis, Inc. doing business as: Team Sport Photos, hereinafter referred to as "Service
Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services
The Service Provider agrees to provide Team Photo Services in accordance with the Scope of
Services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by this
reference.
2. Contract Period
This Agreement shall commence September 1, 2004 and shall continue in full force and effect until
August 31, 2005 unless sooner terminated as herein provided. In addition, at the option of the City,
the Agreement may be extended for additional one year periods not to exceed four (4) additional
one (1) year periods. Pricing changes shall be negotiated by and agreed to by both parties and may
not exceed the Denver - Boulder CPI-U as published by the Colorado State Planning and Budget
Office. Written notice of renewal shall be provided to the Service Provider and mailed no later than
thirty (30) days prior to contract end.
3. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without its fault or negligence, then the party so prevented
shall be excused from whatever performance is prevented by such cause. To the extent that the
performance is actually prevented, the Service Provider must provide written notice to the City of
such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice
Notwithstanding the time periods contained herein, the City may terminate this Agreement at any
time without cause by providing written notice of termination to the Service Provider. Such notice
shall be delivered at least fifteen (15) days prior to the termination date contained in said notice
unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be
effective when mailed, postage prepaid and sent to the following addresses:
We sperAa&e, in bng-term Mbtlonsh*s by provAdi V hassk6frw semen
About TSP
Woman owned business for _To years
Photographirud Organized Youth Sports
➢ Employ Professional Photographers
➢ 3Assistants accompany the photographer
➢ Easy to use Order Envelopes
➢ Photo Schedule prepared by TSP
➢ Use the latest and greatest Divital Cameras
➢ Photo Lab owned by TSP and located in Arvada
➢ Quality, Archival Photos that W717ast a lifetime
➢ Personalized, Sport related Photo Products
➢ Z 3 week Delivery of Photos
➢ Photos assembled h7be no one else does
➢ Sport Specific Backgrounds allow indoor photo sessions
➢ Appropriate highthV depending on shuatlPon - no red eye!
➢ Appreciation PkVues available for Coaches S Sponsors
➢ Fundraising available to fit your needs
References available upon request.
833o W.-Be Avenue #i
Arvada, CO 80005
305.432.7802
e-maif — TSPStM%2000(&a l.COm
We specialize in bny-term rekrhbnships by providing hassleL-free service.
Members of Colorado Parks & Recreation Association for 10 Years.
We Photograph Youth Sports for the following Recreation Departments:
Aurora Sports
Brighton Recreation
Broomfield Recreation
Commerce City Recreation
Estes Valley Recreation
Ft. Collins Recreation
Greeley Recreation
Hyland Hills Recreation
Metro District at Highlands Ranch
North Jeflco Recreation
South Suburban Recreation
Thornton Recreation
Westminster Recreation
Wheat Ridge Recreation
Contact Person's name available upon request.
PAYMENT METHOD: 7 MC ❑ VISA ❑ AMEX ATTENTION PARENTS!
ACCOUNTN I I I I I I I I I I I I I /
Payment is required at the time of photos.
USE CA ;ERAS
EXP DATE No payment or incorrect amount cancels the order.
AROUND
Orders will not be accepted after Photo Day. PHOTOGRAPHER. 'k'
Card Holder Name There is a $15 service charge on all returned checks.
r I Card Holder Billing Address If ordering Personalized Products, you are
responsible for accuracy and legibility.
City State zip Reprints due to missing or inaccurate data or illegible
handwriting will be done at YOUR expense.
Card Holder Signature
Telephone # Total Amount of Purchase DO NOT SEAL ENVELOPE!
Player's First name
IiiiiiiiIiJ
Player's Last Name
Parent's Name
Telephone #
Address
City
State Zip
* SAVE ON PACKS 1-6 *
Hill III ru IIIIIIII
1 Memory Mate 1 Memory Mate
• 2 - 3x5 Indiv, 1 - 5x7 Group & Folder • 2 - 3x5 Indiv, 1 - 5x7 Group & Folder
12 Digital Trading Cards` 12 Digital Trading Cards*
1 Magazine Cover 2 Digital Magnets
2 Digital Magnets 1 Ball and Card Holder
2 5x7 Individual Photos f $40 1 I [$3 5
1 Memory Mate 1 Memory Mate
• 2 - 3x5 Indiv, 1 - 5x7 Group & Folder • 2 - 3x5 Indiv, 1 - 5x7 Group & Folder
12 Digital Trading Cards* 1 Magazine Cover
2 5x7 Individual Photos 1 Key Chain
1 WheatiesTm Box B Wallet Photos
$30 1 All Star Magnet $2 rh
• 1 Z4a
1 MemoryMate ate
• 2 - 3x5 Indio, 1- 5x7 Group & Folder div, 1 - 5x7 Group & Folder
2 Sx8 Individual Calendars ual Photos
2 5x7 Individual Photos d�A/) tos
Team Name
IIIIIIIIIIIIIIIIIIIIIIJ
iPlayer's Position l(onlyone)ne) I I I I I I I I I I I I I I I I I J
IUniform Nulmberl IWeight I I Age Height
t�LJ LbII I
s. W Un. Wln.
3
PHOTOGRAPHERS
USE
•O
pTY
SPECIALS
PRICE
TOTAL
Pack 1
40.00
1
Pack 2
35.00
Pack 3
30.00
Pack 4
28.00
Pack 5
22.00
°
Pack 6
18.00
f
ADOTIORAL ITEMS
1 - Combo Plaque
• Includes Photos
20.00
1 - Poster (11 x 18 Individual)
25.00
12 - Digital Trading Cards*
16.00
1 - Ball and Card Holder
• Includes 4 Wallet Prints
15.00
1 - Magazine Cover
15.00
1 - WheatieSTm Box
•Includes Photos
15.00
2 - Digital Magnets
12.00
2 - 5x8 Individual Calendars
12.00
1 - 8x10 Individual Photo
10.00
2 - 5x7 Individual Photos
10.00
1 -Super Memory Mate
• 5x7 Indiv., 5x7 Group & Folder
10.00
1 - Memory Mate
• 2 - 3x5 Indiv., 1 - 5x7 Gr up & Folder
6.00
2 - Button/Magnet Combos
6.00
1 - 8x10 Group Photo
10.00
1 - 5x7 Group Photo
6.00
4 - Wallet Photos
6.00
2 - Mini Key Chains (Photos included)
2 - Mini Key Magnets
9.00
Payment required today by: TOTAL
Cash_ Cherk nr Credit Card_
Please make checks payable to:
TEAM SPORT PHOTOS
8330 W. 80th Avenue, #1 • Arvada, CO 80005 • (303) 432-7802 • www.photographicspecialists.com
v1 $15 service charge on all returned checks.
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City:
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80521
970-221-6775
5. Rebate to City
Service Provider:
Rolexis, Inc.
dba: Team Sport Photos
8330 W. 80'h Avenue, #1
Arvada, CO 80005
The Service Provider shall pay the City, for the performance of this Contract, as set forth in Exhibit
A, subject to additions and deletions provided herein, an amount equal to $1.00 for each
participant's order. Service Provider shall keep books and records in accordance with good
accounting practice. Such books and records of Concessionaire shall be open for inspection by
authorized representatives of the City at all reasonable times during business hours.
6. City Representative
The City will designate, prior to commencement of the work, its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to the
services provided under this agreement. All requests concerning this agreement shall be directed to
the City Representative.
7. Independent Service provider
The services to be performed by Service Provider are those of an independent service provider and
not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any
portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's
Compensation or other taxes or benefits or for any other purpose.
8. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the Service
Provider and that this Agreement shall be considered as an agreement for personal services.
Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties
arising under the Agreement without the prior written consent of the City.
9. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed to
operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of
action arising out of performance of this Agreement.
10. Warranty
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work of a
similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into
any work shall be new and, where not specified, of the most suitable grade of their respective
kinds for their intended use, and all workmanship shall be acceptable to City.
11. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement. In the event either party should fail or refuse to perform according to the terms of this
agreement, such party may be declared in default thereof.
12. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period of
ten (10) days within which to cure said default. In the event the default remains uncorrected, the
party declaring default may elect to:
a. Terminate the Agreement and seek damages;
b. Treat the Agreement as continuing and require specific performance; or
C. Avail himself of any other remedy at law or equity. If the non -defaulting party commences
legal or equitable actions against the defaulting party, the defaulting party shall be liable
to the non -defaulting party for the non -defaulting parry's reasonable attorney fees and
costs incurred because of the default.
13. Binding Effect
This writing, together with the exhibits hereto, constitutes the entire agreement between the parties
and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure
to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of
said parties.
14. Indemnity/Insurance
a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents
and employees against and from any and all actions, suits, claims, demands or liability of
any character whatsoever brought or asserted for injuries to or death of any person or
persons, or damages to property arising out of, result from or occurring in connection
with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit B, consisting
of one (1) page, attached hereto and incorporated herein by this reference. The Service
Provider before commencing services hereunder, shall deliver to the City's Director of
Purchasing and Risk Management, 215 N. Mason Ave., Fort Collins, Colorado 80524
one (1) copy of a certificate evidencing the insurance coverage required from an
insurance company acceptable to the City.
15. Entire Agreement
This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute
the entire Agreement of the parties. Covenants or representations not contained in this Agreement
shall not be binding on the parties.
16. Law/Severability
The laws of the State of Colorado shall govern the construction interpretation, execution and
enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision of this Agreement.
17. Special Provisions
a. The City shall not, under any circumstances, be responsible for payment due for
products or services supplied by the Service Provider under this agreement.
b. The City will recommend, but cannot require, that each team use the Service Provider
for Team Photos.
THE CITY OF FORT COLLINS,
C�O�L/O�RADO
By: GO/ 'a.`-lUC 2
Jame 'Neill II, CPPO, FNIGP
Direct r f Purrcchpsing and Risk Management
Date: II /l Dt
Rolexis, Inc.
Date: Oe- 0.2 - D'/
EXHIBIT "A"
SCOPE OF SERVICES
Background:
The Service Provider will be responsible for team and individual photos in City of Fort Collins
Parks and Recreation youth sports programs.
Youth Sports Programs Included:
Program
Participants*
Boys Basketball
1,200
Girls Basketball
1,000
Flag Football
700
Tackle Football
500
Track
200
Volleyball
175
Elementary Volleyball
125
Softball
150
*Approximate number of 2004 participants
Service Provider Responsibilities:
1. Having required sports team photo experience.
2. Scheduling photo sessions and for providing enough assistants at each shooting
session so that the scheduled games will not be affected.
3. Collecting and accounting for money paid for photo packages.
4. Delivering photo packages and additional items to either the youth sports office or
to participants within three (3) weeks after each photo session.
a. Photo packages must be clearly marked with the participants name and
be sorted into team groups.
b. Each package must have the company name and phone number clearly
imprinted on it to facilitate handling of additional orders and problems with
pictures.
5. Payment to mail photographs directly to participants if they are not delivered to
the youth sports office prior to the end of the current season for that specific
program.
6. Providing the participants with clear, properly formatted, professional quality color
prints.
7. Working with Parks and Recreation youth sports staff and participants in
resolving problems with photo sessions or with the delivered products.
8. Paying the agreed upon per -package package rebate fee to the City on delivery
of photos.
9. At end of each program season, submitting to the City a report listing total
number of packages/photos/additional items sold to the participants in that
program.
10. Providing upgraded services as new technologies are created.
11. Providing City Representative with up-to-date information on package contents
and other products being offered to participants.
Parks and Recreation Responsibilities:
1. Providing schedules to Service Provider for days of photo sessions.
2. Delivering photo information to the coaches prior to team photo sessions.
3. Assisting with photo package delivery to the coaches/participants.
Prices:
The actual packages or combinations of products to be offered to participants may vary from the
description below:
Description
Each
Photo Package A - consisting of one (1) 5x7
group photo and two (2) 3x5 individual photos
displayed in a folder.
$ 6.00
Photo Package B - consisting of twelve (12)
individual photo trading cards.
$16.00
5x7 team photo only.
$ 6.00
5x7 individual photo, in addition to purchase of
one of the above Photo Packages.
$ 5.00
9 x 12 Wood Coach Plaque, one (1) per team
$ N/C
EXHIBIT "B"
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work under
this bid, the Service Provider shall furnish the City with certificates of insurance showing the
type, amount, class of operations covered, effective dates and date of expiration of policies,
and containing substantially the following statement"
" "The insurance evidenced by this Certificate will not be canceled or materially altered, except
after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option,
may take out and maintain, at the expense of the Service Provider, such insurance as the City
may deem proper and may deduct the cost of such insurance from any monies which may be
due or become due the Service Provider under this Agreement. The City, its officers, agents
and employees shall be named as additional insureds on the Service Provider's general
liability and automobile liability insurance policies for any claims arising out of work performed
under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain
during the life of this Agreement for all of the Service Provider's employees engaged in
work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by Colorado
law.
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000
disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the
life of this Agreement such commercial general liability and automobile liability insurance
as will provide coverage for damage claims of personal injury, including accidental
death, as well as for claims for property damage, which may arise directly or indirectly
from the performance of work under this Agreement. Coverage for property damage
shall be on a "broad form" basis. The amount of insurance for each coverage,
Commercial General and Vehicle, shall not be less than $500,000 combined single limits
for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be
responsible for any liability directly or indirectly arising out of the work performed under
this Agreement by a subcontractor, which liability is not covered by the subcontractor's
insurance.
Attachment "A"
BID SCHEDULE
BID # 6867
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR
TEAM PHOTO SERVICES PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS.
The following quantities, specifications, and pricing are for comparison purposes and not intended to
represent the actual packages or combinations of products to be offered to participants.
Description
Each
Price/lot
Rebate to City
Per Pkg.$_
Times qty. of
packages =
1000
Photo Package A - consisting of one (1) 5x7
*C' v
e0o
$� /' &oa or) _.
group photo and two (2) 3x5 individual photos
47- _ a v
� B o
42,Daao
displayed in a folder.
$ Ob
g pvc�
$ 3 , DU0 • 00
100
Photo Package B - consisting of twelve (12)
individual photo trading cards.
$ Je. 00
$ /ov . ao
100
5x7 team photo only.
$6.
$ 600
$ /o-o oo
oa
,
1
5x7 individual photo, in addition to purchase of
one of the above Photo Packages.
$ Sao
$
Additional Products and Services:
(Note cost, if any, to City and/or participants)
1.�"x/a '' W"d Cealc'h P�/s�c.c.; 4
$ F/e-EE
$1;REE
$ 'P-o
2.
$
$
$ (�F4;
3.
$
$
$
4.
$
$
$
5.
$
$
$
�620✓�
I ;.00
Bid Total, excluding additional products and services:
o p
Signature: j/.
Print Name:
• -, i
DF PAP,;�6, PA-N"1s
Cfk+�sJ,v� �' bo Y
pS qt%j "Pj(6. A 5
Title: , v�
Date: 7 - 7 - o -i-/
Phone #: 3 63 -�13 -1 780 a -
Fax#: 3o3 4.32- 7s96
Attachment "A"
BID SCHEDULE
BID # 6867
WE HEREBY ENTER OUR BID FOR THE CITY OF FORT COLLINS REQUIREMENTS FOR
TEAM PHOTO SERVICES PER THE BID INVITATION AND ANY REFERENCED
SPECIFICATIONS.
The following quantities, specifications, and pricing are for comparison purposes and not intended to
represent the actual packages or combinations of products to be offered to participants.
Description
Each
Price/lot
Rebate to City
Per Pkg.$_
Times qty. of
packages =
1000
Photo Package A - consisting of one (1) 5x7
*I. &t)
46 .00
$ / , ooD . trr3
group photo and two (2) 3x5 individual photos
4g. av
#7. oo
O' 2 . D=oo . ao
displayed in a folder.
$s- p-b
$ F, o o
$ 3, 0 0 6 .0 0
100
Photo Package B - consisting of twelve (12)
individual photo trading cards.
$ /S. oo
$ /6. o-o
$
100
5x7 team photo only.
$ �:
$ 6.0�
$
aa
/oa.00
1
5x7 individual photo, in addition to purchase of
one of the above Photo Packages.
$S a p
$ 3" ao
$
Additional Products and Services:
(Note cost, if any, to City and/or participants
1. 9 "x/a '� w� C'vach PC�f
$ FEE
$ FREE
$
2.
3.
$
$
$ OF v6J
4.
$
$
$
5.
$
$
$
Bid Total, excluding additional products and services:
$
Fs
�
Print Name: 6r,*jr
City, State, Zip Code Arijodj oo
pep, RDL-F'V'.�,
DF PAR-T)e, PA,v► 5
40fctvs14'0- -/-Z> BU '11' `
pff�,D5 GAT "pk6. A 5
Title: , ��I
Date: 7 - 7 -,1
Phone #: 3 d3 43 a 78o a --
Fax #: 3 o 3 4 3 a- 7546