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HomeMy WebLinkAboutBID - 5867 TEAM PHOTO SERVICESCity of Fort Collins Administrative Services Purchasing Division CITY OF FORT COLLINS INVITATION TO BID TEAM PHOTO SERVICES Bid No. 5867 Sealed Bids will be received by the City of Fort Collins, at the office of the Purchasing/Risk Management Division, 215 North Mason St., 2"d floor, Fort Collins, Colorado 80524 until 2:00 p.m., our clock, on July 13, 2004. Bid No. 5867 At said place and time, and promptly thereafter, all Bids that have been duly received will be publicly opened and read aloud. Bid Specification Description: The City of Fort Collins is requesting bids for sports team photo services, including the scheduling of picture -taking around team schedules, collecting and accounting for fees, and preparing and delivering professional quality photo packages to either the sports office or participants. Bidder must have sports team photo experience Questions regarding the scope of the project should be directed to the Project Manager, Mark Rademacher, (970) 221-6309. Questions regarding bid submittal or process should be directed to David M. Carey, C.P.M., Buyer; phone:970-416-2191, fax: 970-221-6707, or E-mail: dcarey@fcgov.com SPECIAL INSTRUCTIONS All bids must be signed by an authorized representative of the company with the legal capacity to bind the company to the agreement. Bids may be withdrawn up to the date and hour set for opening. Once bids have been accepted by the City and opening time has passed, failure to enter into contract or honor the purchase order will be cause for removal of supplier's name from the city of Fort Collins' bidders list for a period of twelve months from the date of the opening. The City may also pursue any remedies available at law or in equity. Bid prices must be held firm for a period of forty-five days after bid openings. Submission of a bid is deemed as acceptance of all terms, conditions and specifications contained in the City's specifications initially provided to the bidder. Any proposed modification must be accepted in writing by the City prior to award of the bid. Only bids properly received by the Purchasing Department will be accepted. No proposal will be accepted from, or any purchase order awarded, to any person, firm or corporation in default on any obligation to the City. All bids must be labeled with both the project name and bid number indicated on the bid proposal. Bids must be furnished exclusive of any federal excise tax, wherever applicable. Bidders must be properly licensed and secure necessary permits wherever applicable. 215 North Mason Street • 2nd Floor • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6775 • FAX (970) 221-6707 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. The City may elect where applicable, to award bids on an individual item/group basis or on a total bid basis, whichever is most beneficial to the City. The City reserves the right to accept or reject any and all bids, and to waive any irregularities or informalities. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision - making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Freight Terms: Unless otherwise noted, all freight is F.O.B. destination, freight prepaid. All freight charges must be included in prices submitted on proposal. Discounts: Any discounts allowed for prompt payment, etc., must be reflected in bid figures and not entered as separate pricing on the proposal form. Collusive or Sham Bids: Any bid deemed to be collusive or a sham bid will be rejected and reported to authorities as such. Your authorized signature of this bid assures that such bid is genuine and is not a collusive or sham bid. Bid Results: For information regarding results for individual bids send a self-addressed, self -stamped envelope and a bid tally will be mailed to you. Sincerely, l / r -, "..0 'dam J es . O'Neill, II, CPPO, FNIGP ire r of Purchasing & Risk Mgmt. 2 CITY OF FORT COLLINS BID PROPOSAL BID # 5867 BID OPENING: 2:00 p.m. (Our Clock) July 13, 2004 Background: The photographer selected to provide photo services 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 Photographer 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 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. 3 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 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 sold to the participants in that program. 10. Providing upgraded services as new technologies are created. 11. Executing Services Agreement per Attachment "B" — Sample Agreement. Parks and Recreation Responsibilities: 1. Providing schedules to Photographer 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. Specifications: Please complete and submit the Attachment "A"- Bid Schedule indicating quantities, specifications, and pricing of proposed packages or combinations of products to be offered to participants. The Bid Schedule is for comparison purposes and not intended to represent the actual packages or combinations of products to be offered to participants Required Submissions: 1. Pricing 2. Rebate to City 3. Qualifications 4. Experience as team sports photographer 5. Professional affiliations 6. Product samples" 7. Information on additional products and services to provided if awarded the bid. "Must include, at a minimum, items similar to the bid packages and products. Bid Award: Bid will be awarded based on the lowest cost of the bid items, the highest rebate offered to the City; and the number, quality and cost of additional products/services offered by the bidder. Contract Period: The initial award will be for one (1) year and the award may be renewed, at the City's option, for additional one-year periods, not to exceed four (4) such renewal periods. Price and service changes must be negotiated by and agreed to by both parties. Price increases may not exceed the Denver -Boulder CPI-U for the previous period. 4 Attachment "A" BID SCHEDULE BID # 5867 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. ty. Description Each Price/lot Rebate to City Per Pkg.$_ Times qty. of packages = 1000 Photo Package A - consisting of one (1) 5x7 group photo and two (2) 3x5 individual photos displayed in a folder. $ $ $ 100 Photo Package B - consisting of twelve (12) individual photo trading cards. $ $ $ 100 5x7 team photo only. $ $ $ 1 5x7 individual photo, in addition to purchase of one of the above Photo Packages. $ $ $ Additional Products and Services: (Note cost, if any, to City and/or participants) 1. $ $ $ 2. $ $ $ 3. $ $ $ 4. $ $ $ 5. $ $ $ Bid Total, excluding additional products and services: $ $ Signature:_ Print Name: Company:_ Street: City, State, Zip Code Title: Date: Phone #: Fax #: Email: 5 ATTACHMENT "B" SAMPLE AGREEMENT (Provided for information only) DO NOT FILL IN 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 doing business as: 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 (_) pages, and incorporated herein by this reference. 2. Contract Period This Agreement shall commence , _, 2004 and shall continue in full force and effect until 2004 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 parry 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: City: Service Provider: City of Fort Collins Purchasing PO Box 580 Fort Collins, CO 80521 970-221-6775 5. Rebate to City 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 $ for each photo package sold. 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 party'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, COLORADO By: James B. O'Neill ll, CPPO, FNIGP Director of Purchasing and Risk Management Date: [Insert Professional's name] or [Insert Partnership Name] or [Insert individual's name] Doing business as [insert name of business] S Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: