HomeMy WebLinkAboutRFP - 7164 TEAM PHOTO SERVICESCity of
Fort Collins
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REQUEST FOR PROPOSAL
7164 Team Photo Services
Financial Services
Purchasing Division
215 N. Mason St. 2"' Floor
PO Box 580
Fort Collins, CO 80522
970.221.6775
970.221.6707
fcgov. com/purchasing
The City of Fort Collins is requesting proposals 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. Firm must have sports team photo experience.
Written proposals, four (4) will be received at the City of Fort Collins' Purchasing Division, 21
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
2:00 p.m. (our clock), August 13, 2010. Proposal No.7164 Team Photo Services. If delivered,
they are to be sent to 215 North Mason Street, 2"d Floor, Fort Collins, Colorado 80524. If
mailed, the address is P.O. Box 580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Marc
Rademacher, at (970) 221-6309 or mrademacher@fcgov.com
Questions regarding bid submittal or process should be directed to David Carey, CPPB, Buyer,
at (970) 416-2191 or dcarey(cD_fcgov.com
A copy of the Proposal may be obtained as follows:
1. Download the Proposal/Bid from the BuySpeed Webpage,
www.fcqov.com/eprocurement
2. Come by Purchasing at 215 North Mason St., 2Id floor, Fort Collins, and request
a copy of the Bid.
The City of Fort Collins is subject to public information laws, which permit access to most
records and documents. Proprietary information in your response must be clearly identified and
will be protected to the extent legally permissible. Proposals may not be marked 'Proprietary' in
their entirety. Information considered proprietary is limited to material treated as confidential in
the normal conduct of business, trade secrets, discount information, and individual product or
service pricing. Summary price information may not be designated as proprietary as such
information may be carried forward into other public documents. All provisions of any contract
resulting from this request for proposal will be public information.
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.
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.
C. Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials, equipment and labor, against
defects and nonconformances in design, materials and workmanship/workwomanship for a
period beginning with the start of the work and ending twelve (12) months from and after final
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acceptance under the Agreement, regardless whether the same were furnished or performed by
Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from
City of any such defect or nonconformances, the affected item or part thereof shall be
redesigned, repaired or replaced by Service Provider in a manner and at a time 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
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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, P. O. Box 580 Fort Collins, Colorado 80522 one 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. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101,
C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal
alien who will perform work under this Agreement; and
in
2. Service Provider will participate in either the e-Verify program created
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Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of Homeland Security
(the "e-Verify Program") or the Department Program (the "Department Program"), an
employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in
order to confirm the employment eligibility of all newly hired employees to perform work under
this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department
Program procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an illegal alien, Service
Provider shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an illegal alien;
and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall not terminate
the contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with
an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department') made in the course of an
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investigation that the Department undertakes or is undertaking pursuant to the authority
established in Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider
violates this provision of this Agreement and the City terminates the Agreement for such breach.
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
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CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
Date:
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST:
CORPORATE SECRETARY
(Corporate Seal)
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EXHIBIT " "
INSURANCE REQUIREMENTS
1. 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 cancelled 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.
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Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
where renewal is a way of life
C
7164 Team Photo Services
Scope of Services
Background:
The firm selected to provide photo services, effective October 15, 2010, 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
1,000
Girls Basketball
900
Flag Football
700
Tackle Football
650
Track
225
Volleyball
175
Elementary Volleyball
125
Softball
150
*Approximate number of 2010 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.
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:
Providing schedules to Firm 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:
See Attachment "A" for sample list of packages or combinations of products to be offered to
participants. This list 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.
8. Firm's address, contact person name(s), and contact information
*Must include, at a minimum, items similar to the sample packages and products.
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.
Review and Assessment
Potential concessionaires will be evaluated on the following criteria. These criteria will be the basis
for review of the written proposals and interview session.
The City may at its option choose the highest ranked vendor based on the written proposals or
select up to three of the top rated vendors for oral interview.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and 5
being an outstanding rating.
Weighting
Qualification
Standard
Factor
Does the proposal show an understanding of the City's
Requirements? Adherence to the responsibilities and
2.0
Scope of Proposal
services requested and described in the RFP.
Do the personnel administering the service program
have the needed skills and experience? Are sufficient
2.0
Assigned Personnel
people of the requisite skills assigned to the service
program? Quality of care and customer service.
Can the services be completed in the time frame
required? Can targeted effective date be met? Are
1.0
Availability
other qualified personnel available, if required, to
assist meeting the service schedule?
Is the firm interested in providing the products and
1.0
Motivation
services requested in this RFP?
2.0
Pricing / Rebate
How competitive are the pricing, products, services
and packages? Rebate amount to the City.
Does the firm have the capabilities, products, services
2.0
Firm Capability
and related experience? Quality of products. Additional
products and services available.
Reference Evaluation (Top Ranked Firm)
The project manager will check references using the following criteria.
The evaluation rankings will be labeled Outstanding/Satisfactory/Unsatisfactory.
If the references and background screening are acceptable, an agreement will be awarded to
the highest ranked firm/individual subject to suitable contract negotiations.
QUALIFICATION
STANDARD
Overall Performance
Would you hire this firm/individual again? Did they show the skills
required for this project? Did they show flexibility and willingness to
"go the extra mile" to ensure that concession customers were given the
appropriate amount and level of service?
Timing
Did the firm/individual fulfill hours of operation with sufficient products
and staff? Were requests for information met in a timely manner?
Completeness
Was the firm/individual responsive to client needs; did they anticipate
problems? Were problems solved quickly and effectively?
Financial
Did this firm/individual consistently demonstrate the financial ability to
perform and make full payments to the agency on time?
Job Knowledge
Did this firm/individual possess the appropriate knowledge, skills and
abilities, staff and resources to effectively operate a concession
operation? Was the contract operated smoothly?
Other
What problems (if any) did you encounter with this firm/individual?
Attachment "A"
7164 Team Photo Services
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
Photo Package A - consisting of one (1) 5x7
team photo and four (4) 3x5 individual photos
displayed in a folder.
Photo Package B - consisting of twelve (12)
individual photo trading cards.
5x7 Team Photo only.
5x7 Individual Photo, in addition to purchase of
one of the above Photo Packages.
Coach Plaque with team photo
ATTACHMENT B
SAMPLE SERVICES AGREEMENT
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 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:
Scope of Services. The Service Provider agrees to provide 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 , 200 and shall
continue in full force and effect until 1200 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 year periods. Renewals and pricing
changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley
CPIU published by the Colorado State Planning and Budget Office will be used as a guide.
Written notice of renewal shall be provided to the Service Provider and mailed no later than
ninety (90) 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.
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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:
Copy to:
Service Provider:
City of Fort Collins
City of Fort Collins
Attn: Purchasing
Attn:
PO Box 580
PO Box 580
Fort Collins, CO 80522
Fort Collins, CO 80522
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
5. Rebate to City. The Service Provider shall pay the City for the performance of this
Contract, subject to additions and deletions provided herein, per the attached Exhibit "A",
consisting of pages, and incorporated herein by this reference, 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.
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