Marion County School District

MARION COUNTY SCHOOL DISTRICT

PHOTOGRAPHY

BID DOCUMENTS

Marion County Public Schools where we…

Prepared by: Lisa Caldwell Finance Officer

1 TABLE OF CONTENTS

# Section Page

I. Title Page 1

II. Table of Contents 2

III. Invitation to Bid 3

IV. Prohibition Against Conflict of Interest, Gratuities and Kickbacks 4

V. General Instructions and Conditions 5-9

VI. Special Conditions 10-12

VII. Bid Specifications 13-16

VIII. Bid Form (RETURN THESE PAGES) 17-19

IX. Conflict of Interest Form (RETURN THIS PAGE) 20

2 INVITATION TO BID THE MARION COUNTY SCHOOL DISTRICT EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 755 East Main Street Lebanon, Kentucky 40033 270-692-3721 270-692-1899 (fax #)

PHOTOGRAPHY

The Marion County School District (hereinafter called The Board of Education) will receive sealed bids for the items and/or services listed herein. You are invited to submit a sealed bid, subject to the terms and conditions of this invitation to bid. Please read all the instructions and specifications carefully. Failure to comply with these instructions could disqualify your bid.

Bids shall be mailed or delivered to Lisa H. Caldwell, Finance Officer, Marion County School District, 755 East Main Street, Lebanon, Kentucky 40033, in a sealed envelope marked “PHOTOGRAPHY” in the lower left hand corner.

Copies of this invitation may be obtained from Marion County Public School’s website at www.marion.kyschools.us, go to Departments/ Finance or contact the Finance Officer, at the above address, between 8:00 a.m. and 4:00 p.m., Monday through Friday, prior to the time and date specified for bid opening.

PERIOD OF CONTRACT The period of the contract will be from July 1, 2015 through June 30, 2016. If agreed upon by both parties in April of each year, the agreement may be extended annually up to two additional annual renewals. Prices may be negotiated in April of each year, but may not exceed the percentage change of the Consumer Price Index annualized (from monthly percentage changes) as published on the Bureau of Labor Statistics web site. (http://stats.bls.gov/cpi/home.htm)

TIME OF BID OPENING Bids will be opened at 1 :00 p.m. on Monday, April 27, 2015. All bids must be received by the time designated in this invitation and none will be considered thereafter. Failure to have bid in official bid box prior to the bid opening will automatically prevent the reading of your bid.

The Board of Education cannot assume the responsibility for any delay as a result of failure of the mails to deliver bids on time. LOCATION OF BID OPENING Bids will be opened and read at the Central Office, Marion County School District, 755 East Main Street, Lebanon, Kentucky 40033. You are invited to be present at the bid opening, but are not required to be present.

BID AWARD: Contract(s) may be awarded to the lowest and/or best evaluated bidder(s) meeting all specifications and conditions, and subject to all other provisions of this invitation to bid, on a per item basis, on a group basis, or on a total basis, whichever is deemed to be in the best interest of The Board of Education. Bids shall be awarded at the regular board meeting held on May 14, 2015.

3 PROHIBITION AGAINST CONFLICT OF INTEREST, GRATUITIES AND KICKBACKS

ANY EMPLOYEE OR ANY OFFICIAL OF THE BOARD OF EDUCATION OF MARION COUNTY,

KENTUCKY ELECTIVE OR APPOINTIVE, WHO SHALL TAKE, RECEIVE, OR OFFER TO TAKE OR

RECEIVE, EITHER DIRECTLY OR INDIRECTLY, ANY REBATE, PERCENTAGE OF CONTRACT,

MONEY, OR OTHER THINGS OF VALUE, AS IN INDUCEMENT OR INTENDED INDUCEMENT, IN

THE PROCUREMENT OF BUSINESS, OR THE GIVING OF BUSINESS, FOR OR TO, OR FROM, ANY

PERSON, PARTNERSHIP, FIRM OR CORPORATION, OFFERING BIDDING FOR, OR IN OPEN

MARKET SEEKING TO MAKE SALES TO THE BOARD OF EDUCATION OF MARION COUNTY,

KENTUCKY SHALL BE DEEMED GUILTY OF A FELONY AND UPON CONVICTION SUCH PERSON

OR PERSONS SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS

($5000) OR BY IMPRISONMENT IN THE PENITENTIARY FOR NOT LESS THAN ONE (1) YEAR NOR

MORE THAN TEN (10) YEARS, OR BOTH SO FINED AND IMPRISONED IN THE DISCRETION OF

THE JURY.

EVERY PERSON, FIRM, OR CORPORATION OFFERING TO MAKE, OR PAY, OR GIVE, ANY

REBATE, PERCENTAGE OF CONTRACT, MONEY OR ANY OTHER THING OF VALUE, AS IN

INDUCEMENT, OR INTENDED INDUCEMENT, IN THE PROCUREMENT OF BUSINESS, OR THE

GIVING OF BUSINESS, TO ANY EMPLOYEE OR TO ANY OFFICIAL OF THE BOARD OF

EDUCATION OF MARION COUNTY, KENTUCKY, ELECTIVE OR APPOINTIVE, IN HIS EFFORTS TO

BID FOR, OR OFFER FOR SALE, OR TO SEEK IN THE OPEN MARKET, SHALL BE DEEMED GUILTY

OF A FELONY AND SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE THOUSAND

DOLLARS ($5000) OR BY IMPRISONMENT IN THE PENITENTIARY FOR NOT LESS THAN ONE (1)

YEAR NOR MORE THAN TEN (10) YEARS, OR BOTH SO FINED AND IMPRISONED IN THE

DISCRETION OF THE JURY.

NOTE:IT IS A MISDEMEANOR NOT TO HAVE THIS PROHIBITION ON EVERY SOLICITATION OR CONTRACT DOCUMENT. THE PENALTY IS A $5000 FINE OR ONE (1) YEAR IMPRISONMENT OR BOTH ON CONVICTION.

4 GENERAL BID INSTRUCTIONS AND CONDITIONS (PLEASE READ CAREFULLY)

A. ACCEPTANCE OF BIDS The Board of Education reserves the right to accept any bid, to reject any or all bids, to waive any irregularities or informalities in bids received where such acceptance, rejection or waiver is considered to be in its best interest. The Board of Education also reserves the right to reject any bid where evidence or information submitted by the bidder does not provide satisfactory proof that the bidder is qualified to carry out the details of the contract.

B. BID DOCUMENTS Bid forms are provided with this “Invitation to Bid”. All Proposals shall be submitted on the “Bid Form”.

C. SPECIFICATIONS Specifications are attached and are a part of this proposal. All materials or services furnished must be in conformity with the specifications and will be subject to inspection and approval of the Finance Officer after delivery. The right is reserved to reject and return at the risk and expense of the supplier, any item that may be defective or fail to comply with these specifications.

It is important that each person submitting a bid, follow carefully the specifications detailed herewith. The bidder is instructed to complete all blanks and spaces where information concerning any item is requested. Only items meeting the requirements are to be quoted on the regular bid form.

The Board of Education reserves the right to waive compliance of any material or services with any particular specification where such waiver is considered to be in its best interest, including but not limited to cases where such waiver is necessary due to technical errors or inconsistencies in the preparation of such specifications.

D. MODEL PROCUREMENT REGULATIONS The Model Procurement Regulations adopted by the Board of Education shall be deemed incorporated by reference in these specifications as though fully quoted herein. In the event of any conflict between this invitation to bid and the Model Procurement Regulations, the Regulations shall control.

E. PERFORMANCE BOND The Board of Education reserves the right to determine the ability of any bidder to perform the work and any bidder shall, upon request, furnish such information as may be necessary to determine such ability, including performance bond, if requested.

F. EXCUSE FOR NON-PERFORMANCE The successful vendor(s) shall be excused from performing hereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing in the customary way because of fire, strike, partial or total interruption of, loss or shortage of transportation facilities, lockout, commandeering of raw materials, products, plants or facilities by the government when satisfactory evidence thereof is presented to the other party, providing it is satisfactorily established that the non- performance is not due to the fault of negligence of the party not performing.

5 G. PENALTIES In case of default by the vendor, the Board of Education may procure the articles or services from other sources and may deduct from any unpaid balance due the vendor the amount of the excess cost so paid, and the price paid shall be considered the prevailing market price at the time such purchase is made.

H. TAXES Marion County School's tax exempt status applies in accordance with revenue policy 51P370 P370 revised 06/01/83 and in accordance with 103 KAR 26:070. A state sales tax exempt certificate upon request shall be provided to the awarded bidder.

I. PRODUCT EVALUATION Items will be disqualified that do not meet specifications or the accepted equal. If a product is purchased and it is later established that said product fails to comply with these specifications and conditions, the item will be rejected and returned to the supplier at the supplier’s expense. No item shall be considered satisfactory that does not conform to our usual accepted methods, use, application, storage, handling and delivery. The decision concerning the satisfactory use and performance of any item on this bid shall be that of the Educational and Business Staff of the Board of Education.

J. BRAND NAMES The brand or trade name, manufacturer’s name, and/or catalog number must be given in the column provided. If bidder fails to indicate brand or trade name, where requested, the item and bid may be disqualified.

K. NON-DISCRIMINATION During the performance of this Contract, the Seller agrees as follows:

1. The Seller shall not discriminate against any employee, applicant, or subcontractor because of age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, or political opinion or affiliation. The Seller shall take affirmative action to ensure that applicants are employed without regard to their age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, or political opinion or affiliation. Such action shall include, although not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Seller agrees to post in conspicuous place notices setting forth the provisions of the Equal Opportunity clause.

1. The Seller shall in all solicitations and/or advertisements for employees placed by or on behalf of the Seller, state that all qualified applications shall receive consideration for employment with regard to age, color, creed, handicap condition, marital or parental status, national origin, race, sex, veteran status, or political opinion or affiliation.

2. The Seller shall cause any subcontractor engaged to perform any services required by this Contract to include this Equal Opportunity clause in all solicitations, advertisements and employment practices it shall perform.

L. DELIVERY The Contractor agrees to furnish and deliver the items within the terms of the contract as the Finance Officer may prescribe. 6 All costs for delivery, including drayage and freight, and for the packaging of said articles are to be borne by the bidder, and must be included in your bid prices.

If during the period of the contract, it is necessary that the Finance Officer place toll or long distance telephone calls in connection therewith (for complaints, adjustment, shortages, failures to deliver, etc.) it is understood that the vendor will bear the charge of expense for all such calls.

M. SAMPLES AND/OR DESCRIPTIVE LITERATURE Samples may be required to assist in making decisions for awarding of contracts. The samples must be furnished by time and date specified for bid opening. Failure to furnish samples may disqualify any bid.

Samples shall be representative of items on which the bid is submitted and will be checked as deemed necessary by the Board of Education for compliance with specifications outlined herein. Samples are to be properly marked for identification and they must indicate the supplier’s name and the corresponding item number as shown in the invitation to bid. Samples are to be mailed or delivered to Lisa Caldwell, Finance Officer, Marion County Board of Education, 755 East Main Street, Lebanon, Kentucky 40033.

If samples are required, and they are not claimed, the samples will become the property of the Board of Education.

All samples are to be furnished without cost to the Board of Education with the right reserved to mutilate, consume or destroy such samples if considered necessary for testing purposes.

N. K.O.S.H.A. STANDARDS AND HAZARD COMMUNICATION STANDARD 1910.1200 If applicable, all materials and services must meet or exceed K.O.S.H.A. (Kentucky Occupations & Safety Health Act) Standards, and must comply with the Hazard Communications Standard 190.1200 of the Occupational Safety & Health Administration.

O. BIDS Businesses that fail to respond to invitations for bid or notices of availability on two (2) consecutive procurements of similar items may be removed from the applicable bidder mailing list.

The Purchasing Department will make tabulations and each qualified bidder will be mailed a formal tabulation after the Board of Education has taken official action. The Board of Education meetings are normally held on the second Thursday of each month. Bidders are requested not to call the Purchasing Office for a tabulation of the bids.

Any bids received after scheduled time of opening will be returned unopened to the bidder.

Each bid must be in a separate sealed envelope with the bid name appearing in the lower left-hand corner of the envelope.

No bid can be corrected, altered, or signed after being opened. The Board of Education shall not be responsible for errors or omissions on the part of bidders in making up their bids. Any bids received unsigned shall be rejected.

7 All regular bids must be submitted in accordance with specifications on the bid form supplied with this invitation. The submission of a bid on the bid form certifies that the product meets any and all specifications except as noted on such form.

For any clarification relative to this bid, contact Lisa Caldwell, Finance Officer, Marion County Board of Education, 755 East Main Street, Lebanon, Kentucky 40033. Telephone: (270) 692-3721.

P. PRICES All prices quoted by the various bidders must be firm for a maximum period of sixty (60) days to allow acceptance by the Board of Education. If awarded the contract, the prices will then be firm for the time period that is indicated under “Period of Contract”.

All prices and quotations must be in ink or typewritten. No pencil figures will be permitted. Mistakes are to be crossed out and correction inserted adjacent thereto and initialed by person signing the bid. Also, corrections made with correction tape or fluid is to be initialed.

Quote on each item separately. Prices must be stated in units specified herein.

Bids that have clerical errors or irregularities are subject to correction only with concurrence with the Finance Officer. Unit prices should be listed, extended, and totaled. Should errors exist in the extended price, the unit price will prevail.

Q. OR EQUAL CLAUSE Whenever, in any of the contract documents, an article, materials or equipment is described by use of a proprietary product or by using the name of a manufacturer or vendor, the term “or equal”, if not inserted, is implied.

The use of a specific article or manufacturer’s name shall be construed as indicating the type of equipment, design, general construction, quality and finish. Such use shall not be construed as limiting or excluding any manufacturer’s product of comparable quality, design and efficiency.

R. DESCRIPTIVE LITERATURE AND/OR MANUFACTURER’S SPECIFICATIONS The Board of Education reserves the right to waive any discrepancies or inconsistencies between the submitted manufacturer’s descriptive literature and/or specifications and the requirements of this invitation to bid, if; (1) the bidder actually submits a sample which conforms to all material requirements of this invitation to bid; or (2) the bidder certifies to the Board of Education that the bidder can actually supply products which conform to all material requirements of this invitation to bid.

NOTE:Descriptive literature and/or manufacturer’s specifications should not be submitted unless expressly requested.

S. SUBSTITUTIONS If during the period of the contract, a vendor finds it necessary to make substitutions, they must obtain prior approval from Lisa Caldwell, Finance Officer.

T. REQUIREMENTS All deliveries must be complete within sixty (60) days from receipt of purchase order and the vendor must furnish invoices as follows:

One (1) copy to the school with material at time of delivery.

8 Two (2) copies of invoice (original and one copy) to the Accounts Payable along with a signed delivery receipt as proof of delivery.

No more than one (1) back order or partial delivery will be allowed on these items. Ship complete within sixty (60) days or cancel.

All deliveries must be made to the location indicated on the purchase order and signed for by a responsible Board Official. Signatures of custodial or maintenance personnel are not acceptable.

All invoices must show the purchase order number, date of delivery, name of location and list of items delivered by item name.

U. OTHER CONDITIONS All blanks and information requested are to be completed on the Bid Form in order to qualify your bid.

The Board of Education reserves the right to make multiple awards to two or more companies on the same item where more than one standard of quality is desired.

Do not bid any special groupings other than those listed herein.

V. CRIMINAL HISTORY VERIFICATION The successful bidder certifies that a criminal history background check has been performed on all employees that may come into contact with Marion County Students. Please note that any employees with the following offenses will not be permitted to have any contact with our students: Sex-related offense convictions; Convictions against minors; Felony offense convictions against persons or property; Alcohol violation convictions within two years from date of check, and no more than two such offense convictions in total; Drug related offense convictions; Deadly weapon-related offense convictions; A pattern of irresponsible behavior, based upon the background check.

For any clarification relative to this bid, mail, fax, call, or email all questions to: Marion County Board of Education Attention: Lisa Caldwell 755 East Main Street Lebanon, Kentucky 40033 (270) 692-3721 - Office (270) 692-1899 – Fax [email protected]

9 PHOTOGRAPHY SPECIAL CONDITIONS - Page 1 AWARDING OF CONTRACT(S) Contracts may be awarded to the best overall evaluated bidder meeting all specifications and conditions, and subject to all other provisions of this request for proposal. The Board of Education has the right to reject any and all proposals if it is deemed in its best interest. Bids will be evaluated based on the following criteria: Price (May be looked at on an individual school or group basis) 40% Perceived Overall Quality of Service (Maximum 3-page write-up) 30% (Employees (w/training, background), Appointment Availability, etc. Perceived Quality of Product 20% References 10% Total 100%

Price Calculation: The Price figure shall be arrived at by awarding the low bidder a score of 40 points. The other bidders shall be awarded a percentage of the total using the low priced bidder as the baseline. i.e. Bidder A bids $100. Bidder B bids $110. Bidder A receives 40 points. Bidder B receives points as follows: (1-((Bid B-Bid A)/Bid A)) x 40 points = 36 points Perceived Quality of Service: From a written service proposal supplied with this bid (three page maximum) a score from 0 - 30 points shall be given. This proposal shall be a service model with objectives including the following: implementation strategy (including timetable), background/qualifications of individuals servicing our account, a description of how our account would be maintained including a tentative schedule, estimated duration of visits to each location, what would be accomplished at each visit, communication to students/parents about the Pictures, how orders will be placed and tracked, handling of money (Marion County prefers not to handle/be responsible for any money received from students), delivery of Pictures to school/students, and what technical assistance will be provided. Quality of Product: From sample Pictures provided with your proposal that matches (closely resembles) our specifications a score worth from 0 - 20 points shall be given. Submitted samples shall be provided in a sealed envelope. All samples shall be unmarked as to not bias the evaluators. Any company names, logos, etc will disqualify the bidder for this portion of the evaluation. This score is subjective based on the evaluator’s perceived overall quality of the product.

References: A list of three existing customer references shall be supplied with your bid. Each of these three references will be contacted and asked "Overall on a scale of 1-10, 1 being the worst and 10 being the best, please rank this company ". The three scores shall be averaged and this average will be the bidders score. If a bidder is greater than 10 points from the lead bidder, this bidder’s references shall not be contacted. Note: If a current vendor of the board of education - the board reserves the right to provide the sole score.

10 PHOTOGRAPHY SPECIAL CONDITIONS – Page 2

General Bid Requirements:

In addition to any other requirements stated in the Invitation to Bid, each bidder shall submit all of the following items with its bid:

1. Bidder shall submit the Bid Form(s) included in the bid package. Bidder shall utilize the exact Official Bid Form included in the bid package or bid may not be given consideration. The Official Bid Form shall be signed by an officer or member of the bidding firm who is authorized to legally bind the firm.

2. Bidder shall submit a listing of Kentucky schools for which they have provided similar services in the past three (3) years.

3. Bidder shall submit sample photographs identical to the ones to be received by the students and/or schools (sizes, quality, etc.) for evaluation purposes in each evaluated area including senior pictures, underclass fall and spring pictures, sports pictures, and dance pictures. These samples shall be submitted in a sealed envelope. All samples shall be unmarked as to not bias the evaluators. Any company names, logos, etc will disqualify the bidder for this portion of the evaluation.

4. Bidder shall include on a separate sheet bidder’s company letterhead a list of additional services, and the related prices, available to any or all schools included in this bid.

5. Bidder shall include in bid package, evidence of worker’s compensation and liability insurance. Acceptable as evidence will be a letter from bidder’s insurance carrier stating said insurance is in force, the expiration date, and the amount or limits thereof.

Successful Bidder Requirements: 1. The successful bidder certifies that a criminal history background check has been performed on all employees that may come into contact with Marion County Students. Please note that any employees with the following offenses will not be permitted to have any contact with our students: Sex-related offense convictions; Convictions against minors; Felony offense convictions against persons or property; Alcohol violation convictions within two years from date of check, and no more than two such offense convictions in total; Drug related offense convictions; Deadly weapon-related offense convictions; A pattern of irresponsible behavior, based upon the background check.

2. When applicable, the company awarded the bid must have a representative available for on-site visits if a special need arises or if there is a problem with the product or services.

3. Bidder understands that each transaction for the photography sales is an independent business transaction between the bidder’s company and the student. Therefore, the bidder’s company assumes all responsibility for the quality of services provided to the students and the collection of money owed by the students for the services rendered by the company. A company representative shall be present at each school for the purposes of collecting payment.

4. Bidder’s company is totally responsible for the collection and payment of all applicable taxes.

11 PHOTOGRAPHY SPECIAL CONDITIONS – Page 3

5. All student packages MUST carry a Money-Back Guarantee. In addition, bidder may offer the student the option of having picture(s) retaken. The successful bidder shall provide a refund system for students wishing a refund, rather than a picture retake.

6. The successful bidder, unless otherwise noted in this bid, shall furnish to the Board of Education and each school a composite school picture sales audit report. This report will show student’s name, package selected, cost of package, and school commission. The school shall be provided a consolidated statement, by packages ordered, showing total dollar sales and commission calculated.

INSURANCE: General Conditions require all contractors working for the Marion County Public School System to carry liability and workmen’s compensation insurance and to furnish proof of such coverage. The minimum coverage acceptable is: a. Statutory Workmen’s Compensation Insurance. b. Public Liability not less than $1,000,000 single limit per occurrence. c. Property Damage Liability, including Contractual Liability, with limits of not less than $1,000,000 single limit per occurrence. d. Automobile Liability Insurance, including all Owner, non-Owner or hired vehicles, with limits of not less than $500,000.00 single limit per occurrence.

FIRM PRICES: Price(s) are to remain firm for the period of the contract.

Note: Any specification bid in contrast to that stated herein must be approved by Lisa Caldwell, Finance Officer at the Marion County Board of Education prior to the bid opening.

OTHER CONDITIONS All blanks and information requested are to be completed on the Bid Forms in order to qualify your bid. The Board of Education reserves the right to make multiple awards to two or more companies if it is in the best interest of the Board of Education. Do not bid any special groupings other than those listed herein.

Upon Bid Submittal Bidder Shall Provide the Following;  Completed Attached Bid Forms  Perceived Quality of Service Write-Up (3-page maximum)  Three Work References – including names, addresses, & phone #’s  Proof of Required Insurance  Submit sample photographs identical to the ones to be received by the students and/or schools (sizes, quality, etc.) for evaluation purposes in each evaluated area including senior pictures, underclass fall and spring pictures, sports pictures, and dance pictures. These samples shall be submitted in a sealed envelope. All samples shall be unmarked as to not bias the evaluators. Any company names, logos, etc will disqualify the bidder for this portion of the evaluation.  Signed and dated Conflict of Interest Form

12 PHOTOGRAPHY BID SPECIFICATIONS – Page 1

1. Please see the enclosed list of school locations and approximate enrollment at each site.

2. Photographs shall be taken at the school during the regular school day on a schedule as approved by the school principal so as to create minimal disruption in the school schedule.

3. Picture packages are outlined in the Bid Form and packages may not be deviated.

4. Individual student photographs will be taken during the Fall. A Spring schedule may be available at some schools at the discretion of the Principal. Additional pictures sessions could be taken at each school at an agreed upon time and date.

5. GROUP PICTURES: (Classes/Groups/Clubs/etc.) This category includes, but not limited to, elementary homerooms, middle school homerooms, high school homerooms, or grades, clubs, bands, graduation, and scholastic teams of any kind. Also included shall be any other group which the Principal, in his/her discretion, shall reasonably request to be photographed.

 School group photographs are an optional purchase. In addition, the School Principal may in his/her discretion, choose not to offer group photographs for sale to students. In this case, the School Photographer for yearbook purposes shall still take group photographs. This decision may be made on an event-by-event basis.

 The School Photographer for student fall and spring pictures shall photograph various events and activities by pre-arrangement with the yearbook staff, with virtually no limitation as to the number of prints, trips, or amount of time available for such services. Other photographs are to be made as requested by the yearbook staff. When photographers are booked for any event, some form of written confirmation must be provided to the school detailing the photographer, time of arrival, and the estimated amount of time the photographer will be there to take pictures.

 Each school faculty/staff shall be individually photographed in a classroom setting if requested by the yearbook.

 School group photographs shall include accurate identification of the school, activity, sponsor or teacher, and year.

 The School Photographer shall take at least two (2) pictures of each school group.

 Pictures offered for sale to students shall be 8” x 10” and 5” x 7” color photographs.

 The School Photographer shall provide at no charge, color and /or black and white service pictures as desired by each school. These shall meet each school’s individual size requirements (e.g., for yearbook needs, etc.)

6. Each school will provide homeroom listings to the School Photographer. The School Photographer shall be responsible for providing individual student information. Lists provided by the school to the photographer remain the property of the Board of Education and may not be used or distributed for any function except for photography use.

7. The successful bidder shall schedule the initial picture day at each school within twenty-one (21) days from the date the bid award notification is mailed to successful bidder.

8. The successful bidder shall provide all contracted services included, but not limited to, delivery of pictures to each school within twenty-eight (28) days of the initial picture day at each school. Delivery is intended to mean in the possession of each School Principal.

9. The School Photographer shall furnish combs for all students to be photographed unless waived by the School Principal.

10. The School Photographer shall take as many photographs as necessary to obtain a high quality pose. (ie. smiling, proper head tilt, no closed eyes, etc.) of each student at the time of the initial setting. If more than one photograph is taken to obtain a high quality pose, the School Photographer shall be responsible for selecting the best photograph for the student’s package.

11. A high quality color photographic paper shall be used for all pictures (Kodak or equal).

12. Photograph purchases shall be on a proof prior to payment. However, if it is determined by a school to be in the best interest to offer pre-payment, bidder agrees to provide this option at no cost.

13. The School Photographer shall provide each school with an alphabetical listing of students photographed.

14. The School Photographer shall provide an agreed upon back drop for all pictures taken unless specified otherwise by the school principal.

15. On the same day of the initial picture day, the School Photographer shall arrange with the School Principal for a retake session. The retake shall take place no later than sixty (60) days from the initial picture day. These retake pictures shall be taken for students who were absent on the initial picture day or whose picture is unacceptable. Retake pictures shall be taken at the school during the regular day as desired by each school principal. The retake sessions shall not extend any deadlines stated herein.

16. At the sole discretion of the School Principal, the School Photographer may be required to return to take pictures in the Spring or at another time determined by the school principal. In that case, all prices stated on the Bid Form shall be in effect. Additional packages may be offered to the students at that time as well.

17. The School Photographer shall furnish each principal two weeks prior to use, a copy of any printed materials to be received by the students. Printed material shall contain a statement to the effect that part of the price of photographs is retained by the school as a part of a fund raising activity and will be used for school purposes.

18. The School Photographer shall furnish the Finance Officer of the Marion County Board of Education a list of all scheduled photography dates as soon as the calendar is complete.

19. The School Photographer shall provide the students the option of package prices from the Bid Form. If the successful bidder chooses to alter the package in any way, size of pictures and/or the quantity of pictures must exceed the minimum packages quoted on the Bid Form. The Board of Education reserves the right to refuse to allow the School Photographer to offer for sale any package which, in the Board’s estimation, is not reasonably priced. For purpose of this provision, the Finance Officer for the Marion County School System shall be permitted to determine the reasonableness of prices. Bidders must submit a bid on each of the bid packages described on the Bid Form. In addition, these packages must be included in the School Photographer’s actual package options for each school to be photographed as a result of being awarded this bid.

20. In addition to the bid packages, the Photographer must provide the price for additional pictures as indicated on the Bid Form.

21. The finished photographs must be returned alphabetized (by teacher’s name and within class) with the teacher’s name appearing on the outside of the package and must have the student’s name on each package. Each school may organize this function to meet the needs for picture distribution.

22. Yearbook: A CD-ROM disk shall be provided to each school with students, staff, and group pictures. The disk should contain Windows version – digitized, full-color photos, and black-white photos.

23. Infinite Campus - This wizard will assist in bulk loading student/person pictures to the system. Only JPG format photos are accepted and all images are resized appropriately prior to storing them. The file structure of the zip file can be arbitrary (ie: doesn't matter if images are in folders) but only ZIP files are accepted for bulk upload. Please try to run this tool during off-peak hours. The following upload formats are currently available: 1. Zip file where files in zip archive are jpg images with the names as student numbers (ex: 001234567.jpg), 2. Zip file with arbitrary jpg file names and an 'Idlink.txt' file., 3. PersonID mode. Zip file with file names representing personID values (ex: 684.jpg). 4. Mixed mode. Zip file with either a number (personID/studentNumber) or a first/last name combination. If the image file can uniquely be identified with a person, it will be accepted. If two students have the same first/last name the file will not be accepted. If a numbered (2.jpg) file is both a student number and a personID the file will not be accepted. The Photo Export wizard generates a spreadsheet of student names, numbers and grade levels for the selected school in the toolbar. This spreadsheet is then given to the school photographer

Listed below are our school locations:

Marion County High School Glasscock Elementary School 735 East Main Street 773 East Main Street Lebanon, KY 40033 Lebanon, KY 40033 Lebanon Middle School Lebanon Elementary School 200 Corporate Drive 420 West Main Street Lebanon, KY 40033 Lebanon, KY 40033 St. Charles Middle School West Marion Elementary School 1155 Highway 327 8175 Loretto Road Lebanon, KY 40033 Loretto, KY 40037 Calvary Elementary School 3345 Highway 208 Lebanon, KY 40033

Note: Any specification bid in contrast to that stated herein must be approved by the Finance Officer at the Marion County Board of Education prior to the bid opening.

The awarded bidder shall be responsible to supply the Finance Officer of Marion County Schools, annual reports broken down as follows: sales by school, within a school the number of each package purchased, and a detailed list of all other sales made including dollar amounts by school.

Photographer’s Responsibility – The photographer will provide a CD-ROM for each school that shall be in a format compatible with the Infinite Campus software program used by Kentucky schools. The photographer (for fall pictures) shall send the school’s CD-ROM directly to: Tim Lyons / Marion County Schools / 755 East Main Street / Lebanon, KY 40033. This is also the appropriate person to contact with questions regarding the Infinite Campus requirements. He can be reached by calling (270) 692-3721. The Infinite Campus CD-Rom shall also be compatible with our Food Service Program.

The awarded bidder shall be responsible to provide each school pictures electronically to each school yearbook staff in the compatible format of the company providing the high school yearbooks.

Approximate Enrollment per Location

School Approximate Student Enrollment Marion County High School 932 Lebanon Middle School 402 St. Charles Middle School 279 Calvary Elementary School 258 * Glasscock Elementary School 465 * Lebanon Elementary School 404 * West Marion Elementary School 477 * *Pre-School students included Total Enrollment as of April 3, 2015

16 THE MARION COUNTY SCHOOL DISTRICT PHOTOGRAPHY BID FORM Page 1 Having carefully examined the instructions to bidders and the specifications, on the above referenced bid, the undersigned bidder proposes to furnish all labor, materials, equipment, tools, supplies, services, and temporary devices required to complete the work in accordance with the contract documents and any addenda listed below for the price stated herein. Addenda ______(Insert the addenda numbers received or the word “none” if no addenda received.) EXCEPTIONS: ______Bidder, by signing the Bid Form, indicates that the method of evaluation is understood and agrees to submit a bid under these conditions and abide by the results. By bidding a bidder agrees to cancel any existing contracts as of the effective date of this bid. All Prices Bid shall not include school commissions. The district reserves the right to add commissions on to the prices bid for fund raising activities. OPTION A: A single bidder is awarded all district fall, spring, I.D.’s, and class composite picture photography requirements. FALL PICTURES – Must include optional backgrounds at no charge including a Traditional (blue/gray), Green, Blue, Purple, or Red Background. The pricing portion of the evaluation shall be based on the figures listed to the right of the package # in parenthesis. Package A Package B Package C 2 – 8” x 10” 2 – 8” x 10” 1 – 8” x 10” 4 – 5” x 7” 3 – 5” x 7” 3 – 5” x 7” 16 – Wallets 12 – Wallets 12 – Wallets 16 – Exchanges 17 – Exchanges 17 – Exchanges 1 – Portrait CD Package D Package E Package F 1 – 8” x 10” 2 – 5” x 7” 1 – 5” x 7” 2 – 5” x 7” 8 – Wallets 4 – Wallets 8 – Wallets 16 – Exchanges 17 – Exchanges 16 – Exchanges Item Description Bid Price (each) Item Description Bid Price (each)

Package A $______Package D $______Package B $______Package E $______

Package C $______Package F $______

THE MARION COUNTY SCHOOL DISTRICT

17 PHOTOGRAPHY BID FORM Page 2 OPTION A (CONTINUED): Fall Picture Add-Ons to the packages above priced per sheet including one of the following options; (1) 8” x 10”, (2) 5” x 7”, 8 wallets, or 16 billfolds. $______/sheet

CLASS COMPOSITE PICTURES – The 8” x 10” options shall list the school name, year, and each class member in the order they appear in the bottom portion of the picture.

Class Composites Bid Price

One color Class Composite (5” x 7”) $______

One color Class Composite (8” x 10”) $______

Provide prices to Retouch and Personalize Portraits: Retouch – Reduce blemishes, skin imperfections, and eyeglass reflections on all portraits in the picture package. Personalized Portraits - Print student’s first name and school year on the lower right hand corner of the pictures – black, small letters/numbers: Item Description Retouch Bid Price Personalize Portraits Bid Price

Package A $______$______

Package B $______$______

Package C $______$______Package D $______$______

Package E $______$______

Package F $______$______

SPRING PICTURES; Spring pictures may be taken of each student in the Schools with a “nature background” selected by the building representative. Spring pictures shall be proof prior to payment like the fall pictures in the same package configuration offerings.

18 THE MARION COUNTY SCHOOL DISTRICT PHOTOGRAPHY BID FORM Page 3

List any additional costs/plans associated with your service. Include additional literature and pricing information on any/all services your firm can offer to the board. Also include any limitations with services bid above:

Company ______Contact/Title ______Street Address ______City ______State ______Zip ______e-mail address ______Telephone ______Fax ______

Authorized Bidder’s Signature ______Date ______

The quantities listed are for evaluation purposes only. The Board of Education does not guarantee any sales.

Upon Bid Submittal Bidder Shall Provide the Following;  Completed Attached Bid Forms  Perceived Quality of Service Write-Up (3-page maximum)  Three Work References – including names, addresses, & phone #’s  Proof of Required Insurance  Submit sample photographs identical to the ones to be received by the students and/or schools (sizes, quality, etc.) for evaluation purposes in each evaluated area including senior pictures, underclass fall and spring pictures, sports pictures, and dance pictures. These samples shall be submitted in a sealed envelope. All samples shall be unmarked as to not bias the evaluators. Any company names, logos, etc will disqualify the bidder for this portion of the evaluation.  Signed and dated Conflict of Interest Form

19 CONFLICT OF INTEREST

1. It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or proposal therefor, in which to his knowledge: a) He, or any member of his immediate family has a financial interest therein; or b) A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or c) Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity. 2. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or proposal therefor. 3. It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. 4. The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor. 5. It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

______Signature Date

References: KRS 156. 480, OAG 80-32, Model Procurement Code 45A.455

NOTE: THIS CERTIFICATE MUST BE SIGNED AND ATTACHED TO THE BID FORM IN ORDER FOR YOUR BID TO BE QUALIFIED.