Shelby County Board of Education
Shelby County Board of Education1155 West Main StreetShelbyville, KY 40066-0159(502) 633-2375 -----INVITATION TO BID-----Reference Number: PIX-2021Bid Title: School Pictures 2020-2021Bid is Due: 05/29/2020 by 2:00 p.m.Bid Release Date:05/15/2020Sealed bids are requested on the above-named materials, articles, or services for delivery to the school(s) or department(s) designated, subject to the conditions of this invitation.GENERAL CONDITIONSThe following schedule presents the major activities associated with this invitation to bid. There is no guaranteed date for the award of a contract, however an anticipated date of award is provided. The District reserves the right at its sole discretion to change the Schedule of Activities, including the associated dates and times.Release of Invitation to Bid05/15/2020Due date for bids05/29/2020 by 2:00 p.m.Bid opening05/29/2020 at 3:00 p.m. via ZoomAnticipated Date of AwardJune19, 2020*NOTE: All times referenced are in the Eastern Time Zone.From the issue date of this Invitation to Bid until an award is made, Bidders are not allowed to communicate with any Shelby County Public Schools employee concerning this Invitation except via written questions submitted to the Procurement Contact person named in Item 22. Violation of this provision may result in the rejection of the bidder’s proposal.The procurement process will provide for the evaluation of proposals and selection of the winning proposal in accordance with the Kentucky Model Procurement Code. KRS Chapter 45A of the Kentucky Model Procurement Code provides the regulatory framework for the procurement of services by school districts.An original copy of the completed bid must be submitted in an envelope clearly marked on the outside with the word "BID", followed by the above reference number.Failure of a company to respond to an invitation to bid for two consecutive bid notices may result in that company's name being deleted from the list of bidders to be sent future bid packages. For purposes of this condition, any company that submits a "NO BID" response shall be deemed to have responded to the invitation to bid.To receive consideration, bids must be received in the Shelby County Public Schools central office prior to the time designated in this invitation, and none will be accepted afterward. Bids shall not be accepted by fax or email.At the specified time and date stated in the invitation to bid, all bids which are in order, properly signed, etc., shall be opened and read aloud. Any interested parties may attend the bid opening. No immediate decision shall be rendered at that time concerning the proposals submitted.The Board shall give formal consideration to these bids at the next Board meeting after the bids are opened provided time permits the tabulations to be completed by that date. The selection process shall be based on the lowest and/or best bid basis. Past performance of bidders and overall quality of work shall be determining factors as well. Please note that under Model Procurement the Board may accept one or more bid contracts based on the needs of the schools. Bids shall conform to the Detailed Specifications included in Addendum A.Bids shall be evaluated based on the criteria described in the Detailed Specifications included in Addendum A. 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.The contract shall be awarded for the 2019-2020 school year, with the option to renew for up to two (2) additional years (2020-2021 & 2021-2022), provided such renewal is mutually agreeable to both parties. Agreement concerning renewal shall be reached by May 1 of each year considered (2020-2021 & 2021-2022). Renewals are subject to the prior approval of the Shelby County Board of Education and adequate available funds.The District may terminate this contract if funds are not appropriated to the contracting District or are not otherwise available for the purpose of making payments without incurring any obligation for payment after the date of termination, regardless of the terms of the contract. The District shall provide the contractor with thirty (30) calendar days’ written notice of termination of the contract.Bids must be submitted on the form provided and signed by an officer or member of the bidding company who is authorized to legally bind the company.In accordance with Federal Acquisition Regulation 52.209-5, the Contractor shall certify, by signing the Solicitation, that to the best of its knowledge and belief, the Contractor and/or its Principals is (are) not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any State or Federal District.“Principals”, for the purposes of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary, division, or business segment, and similar positions.Per KRS 45A.343, any contract entered into by a local public agency, whether under KRS 45A.345 to 45A.460 or any other authority, shall require the contractor and all subcontractors performing work under the contract to:(a) Reveal any final determination of a violation by the contractor or subcontractor within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the contractor or subcontractor; and(b) Be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 that apply to the contractor or subcontractor for the duration of the contract.A contractor's failure to reveal a final determination of a violation by the contractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency's:(a) Cancellation of the contract; and(b) Disqualification of the contractor from eligibility for future contracts awarded by the local public agency for a period of two (2) years.A subcontractor's failure to reveal a final determination of a violation by the subcontractor of KRS Chapters 136, 139, 141, 337, 338, 341, and 342 or to comply with these statutes for the duration of the contract shall be grounds for the local public agency's disqualification of the subcontractor from eligibility for future contracts for a period of two (2) years.The bidder shall submit any determinations pertaining to this section along with their bid form.Any changes made on the bid form (erasures, strikeouts, white-out, etc.) must be clearly initialed by the bidder.The District reserves the right to waive defects and informalities in proposals, to reject any and all proposals, or to accept any proposal as may be deemed to be in its best interest and to award by item, combination of items, or lot.The District reserves the right to request additional information as may reasonably be required for selection, and to reject any proposals for failure to provide additional information on a timely basis.The District reserves the right to conduct discussions with any offeror who has submitted a proposal to determine the offeror’s qualifications for further consideration. Discussions shall not disclose any information derived from proposal submitted by other offerors.The Invitation to Bid specifies the format, required information and general content of proposals submitted in response to the Invitation. The District shall not disclose any portions of the proposals prior to contract award to anyone outside the District, representatives of the District for whose benefit the contract is proposed, representatives of the Federal government, if required, and the members of the evaluation committees. After a contract is awarded in whole or in part, the District shall have the right to duplicate, use, or disclose all proposal data submitted by bidders in response to this Invitation as a matter of public record.Any and all documents submitted by a bidder in response to the Invitation shall be available for public inspection after contract award. No such documents shall be exempt from disclosure under the Kentucky Open Records Act regardless of the vendor’s designation of the information contained therein as proprietary, confidential, or otherwise. Therefore, the District will not redact or withhold any documents submitted in response to the Invitation if a request to inspect these records is made.The District shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to an Invitation to Bid, if applicable. Selection or rejections of the proposal will not affect this right.All bids shall be effective from the date of opening until the date specified in the Detailed Specifications in Addendum A. No bid may be withdrawn for a period of sixty days after the scheduled bid opening. Bids shall remain in effect for a minimum of one year from the date the bid is awarded unless the bidder states otherwise on the bid form. Any bid that does not remain in effect for at least one year may be cause for rejecting that bid.If applicable, it is the responsibility of the bidder to furnish specific product content data as required by law (MSDS), as well as certification that the products meet federal, state, and/or local regulations (i.e., OSHA [lead-free], AHERA [asbestos-free], federal specifications, and ASTM).Samples requested must be furnished free of expense to the Board of Education and, if not destroyed or consumed in testing or evaluating or required in connection with the award, will be returned upon request at the bidder's expense. Right is reserved to mutilate or destroy any samples if considered necessary for test purposes.When applicable, the firm, company, or manufacturer 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 products/services bid.It is to be understood that the bidder, if awarded an order or contract, agrees to protect, defend, and save harmless the Board of Education from any suits or demands for payment that may be brought against it for the use of any patented material, process, article or device that may enter into the manufacture, construction, or form a part of the work covered by either order or contract. Bidder further agrees to indemnify and save harmless the Board of Education from suits or actions of every nature and description brought against it for, or on account of, any injuries or damages received or sustained by any party or parties by, or for, any of the acts of the contractor, his servants, or agents.Federal Excise Tax or Kentucky Sales and Use Taxes are not applicable to any purchase made for use of the Board of Education. Bids should not include any such taxes. Purchase exemption certificates will be furnished as required.Bidder’s company is solely responsible for the collection and payment of any sales rmation pertaining to any item or condition in this request or the bid process may be obtained by communicating with the Shelby County Board of Education Procurement Contact:PROCUREMENT CONTACTName:Jill TingleTitle:Chief Operating OfficerAddress:1155 West Main Street, Shelbyville, KY 40066Phone:502-633-2375Email:jill.tingle@shelby.kyschools.usIt is to be understood that the bidder shall, if awarded the contract, deliver the equipment, services, etc. in full by the date specified in the Detailed Specifications in Addendum A or within 90 days of the contract being awarded if no date is specified.The successful bidder is required to make initial contact with the Program Contact(s) listed below within 10 business days of notification of receiving award of the bid:PROGRAM CONTACTName:Heidi Clark Title:Administrative Assistant to the C.O.O.Address:1155 West Main Street, Shelbyville, KY 40066Phone:502-633-2375 ext. 10227Email:heidi.clark@shelby.kyschools.usThe bidder shall not commence any work until an award is made and a valid contract has been fully executed. The contract shall represent the entire agreement between the parties. Prior negotiations, representations, or agreements, either written or oral, between the parties hereto relating to the subject matter hereof shall be of no effect upon this contract.It is the bidder’s responsibility to provide a certificate of liability insurance at a minimum of $1,000,000 per occurrence. If the bidder is also an employer, a certificate indicating workers compensation overage is required. FORMCHECKBOX If marked ("X"), bids must be accompanied by certified check or bid bond in the amount of five percent (5%) of the bid total, payable to the Shelby County Board of Education as stipulated in the information for bidders. FORMCHECKBOX If marked ("X"), the successful bidder will be required to furnish a performance and payment bond in an amount equal to one hundred percent (100%) of the contract price. The premium for these bonds shall be 30included in the proposal amount. FORMCHECKBOX If marked ("X"), the bidder is required to submit a copy of their safety training manual or program with bid documents.It is the supplier's responsibility to ensure that the supply, quality, and fitness for purpose of the goods or services will not be impaired, disrupted, or interrupted whether wholly or in part as a result of the occurrence of any date within the span of time. Compliance with this provision will be strictly enforced.Reciprocal preference for Kentucky resident bidders and Preferences for a Qualified BidderThe scoring of bids/proposals is subject to Reciprocal preference for Kentucky resident bidders per KRS 160.303. Vendors not claiming resident bidder or qualified bidder status need not submit the corresponding affidavit.KRS 45A.490 Definitions for KRS 45A.490 to 45A.494. As used in KRS 45A.490 to 45A.494: (1) "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and (2) "Public agency" has the same meaning as in KRS 61.805. KRS 45A.492 Legislative declarations. The General Assembly declares: (1) A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and (2) Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents. KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations. (1) Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder. (2) A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding: (a) Is authorized to transact business in the Commonwealth; and (b) Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect. (3) A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section. (4) If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder. (5) This section shall apply to all contracts funded or controlled in whole or in part by a public agency. (6) The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given. (7) The preference for resident bidders shall not be given if the preference conflicts with federal law. Determining the residency of a bidder for purposes of applying a reciprocal preferenceAny individual, partnership, association, corporation, or other business entity claiming resident bidder status shall submit along with its response the attached Required Affidavit for Bidders, Offerors, and Contractors Claiming Resident Bidder Status. SCPS reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination. A nonresident bidder shall submit, along with its response, its certificate of authority to transact business in the Commonwealth as filed with the Commonwealth of Kentucky, Secretary of State. The location of the principal office indentified therein shall be deemed the state of residency for that bidder. If the bidder is not required by law to obtain said certificate, the state of residency for that bidder shall be deemed to be that which is identified in its mailing address as provided in its bid.Contractors shall be in compliance and will comply with any and all local, state, and federal laws and regulations related to this bid and the rendering of goods and /or services. This contract shall be governed in all respects as to validity, construction, capacity, performance, or otherwise by the laws of the Commonwealth of Kentucky. Contractors providing services under this bid invitation, herewith assure SCPS they are conforming to the provisions of the Civil Rights Act of 1964 as amended. Contractor shall comply with applicable federal, state, and local laws and regulations pertaining to wages, hours, and conditions of employment. In connection with the contractor's performance of work under this contract, contractor agrees not to discriminate against any employee(s) or applicant(s) for employment because of race, age, religious creed, sex, national origin, or handicap. If applicable, all materials and services must meet or exceed K.O.S.H.A. (Kentucky Occupational & Safety Health Act) Standards.The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student educational records. FERPA places restrictions on educational data which may or may not be disclosed without authorization. Restricted data includes all data which may contain personally identifiable information (PII), i.e. a student's name, address, phone number, social security number, et cetera.Any employee, official, or contractor of the bidder who may have access to Free and Reduced eligibility information regarding the District’s students will be required to sign an affidavit of nondisclosure. (See Addendum C.)If during the course of this agreement, Shelby County Board of Education discloses to the contractor any data protected by the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, and its regulations, and data protected by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq)(NSLA) and Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.)(CNA) ?the contractor is bound by the confidentiality, security and redisclosure requirements and restrictions stated in FERPA, NSLA and CNA and will enter into a confidentiality agreement and ensure its employees and contractors execute affidavits of nondisclosure as required. The confidentiality agreement and affidavits will then become part of this original agreement. Any employee, official, or contractor of the bidder who may have access to this data will be required to sign an affidavit of nondisclosure. (See Addendum C.)Contractor agrees to retain all books, records, and other documents to this agreement for three years after final payment. SCPS and its authorized agents and/or state/or federal representatives shall have full access to, and the right to examine any or said materials during said period which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts and transcriptions. If the investigator or audit is in progress, records shall be maintained until stated matter is closed. Contractor shall comply will all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.) 187 [h], Section 508 of the Clean Water Act (33 U.S.C. 1368, Executive Order 11738 and Environmental Protection Agency (EPA) regulations, (40 CFR Part 15), which prohibit the use under non-exempt federal contracts, grants or loans of facilities included in the EPA list of violated facilities. By signing this document, the contractor certifies that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, or equipment, and is in all respects fair and without collusion or fraud. The contractor certifies that collusive bidding is a violation of federal law and can result in fines, prison sentences and civil damage awards. Prohibition against conflicts of interest, gratuities, and kickbacks: Any employee or official of SCPS, elective or appointive, who shall take, receive, or offer to take or receive, either directly or indirectly, any rebate, percentage of contract, money, or things of value as an inducement or intended inducement, or in the procurement of business, or the giving of business, for or to or from, any person, or in open market seeking to make sales to the school district shall be deemed guilty of a felony and upon conviction such person or persons shall be subject to punishment or fine in accord with state and/or federal laws. The bidder affirms that it is properly authorized under the laws of the Commonwealth of Kentucky to conduct business in this state and will remain in good standing to do business in the Commonwealth of Kentucky for the duration of any contract awarded. The Contractor shall maintain certification of authority to conduct business in the Commonwealth of Kentucky during the term of this Contract. Such registration is obtained from the Secretary of State. The bidder is legally entitled to enter into contracts with agencies of the Commonwealth of Kentucky and is not in violation of any prohibited conflict of interest, including those prohibited by provisions of KRS 164.390, KRS 61.092-61.096, and KRS 42.990. The provisions of KRS 365.080 and KRS 365.090 which permit the regulation of resale price by contract, does not apply to sales to the State.All questions as to the execution, validity, interpretation, construction and performance of this agreement shall be governed by the laws of the Commonwealth of Kentucky. Furthermore, the parties hereto agree that any legal action which is brought on the basis of this agreement shall be filed in the Shelby County Circuit Court of the Commonwealth of Kentucky. ADDENDUM A DETAILED SPECIFICATIONS Awarding the ContractAt the specified time and date stated in the invitation to bid, all bids, which are in order, properly signed, etc., shall be opened and read aloud. Any interested parties may attend the bid opening via Zoom Meeting. No immediate decision shall be rendered at that time concerning the proposals submitted.After the bids have been tabulated and studied, agents and/or company representatives may be interviewed concerning the company's bid.Price shall be a major consideration in awarding the contract. The Board is also interested in securing high quality photographs and superior service between the company representative and the school sponsor. Consequently, each bid and samples provided shall be evaluated thoroughly for overall quality. Deviation from specifications, or from the competitive range of credible bids, shall be considered negative indicators. In addition, references and/or recommendations from bidder's other customers (past or present), including schools in Shelby County, may be considered in determining the bid award.The Board shall consider these bids at the next Board meeting after the bids are opened provided time permits the tabulations to be completed by that date. The selection process shall be based on the cost and best bid basis. Past performance of bidders and overall quality of work shall be determining factors as well. 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.This contract will be for the 2020-21school year, with the option to renew for up to two additional years (2021-22 and 2022-23), provided such renewal is mutually agreeable to both parties. Agreement concerning renewal shall be reached by May 31st of each year considered (2022 and 2023).General Bid RequirementsBids must conform to the following specifications and requirements:Signed Invitation to Bid.Official Bid Form included in the bid package. Bidders must utilize this form or an exact reproduction or the bid will not be given consideration. The Bid Form shall be signed by an officer or member of the bidding firm who is authorized to legally bind the firm.Listing of Kentucky schools (and contact information) for which bidding company has provided similar services in the past three (3) years. Bidder must have maintained a studio and must have dealt with student photographs (entire schools, not individuals only) for at least the past two (2) years. The studio must be in a regular commercial location (i.e., residential, hotel, motel, or similar location is unacceptable). Studio must be staffed with qualified personnel and open during regular business hours.Letters of reference from at least two (2) Kentucky school districts whose students have been photographed by bidder’s company within the past three (3) years.Sample photographs identical to those to be received by students and/or schools.Prices must be stated in units of quantity as specified and extended in the total column for each item and/or lot (or as directed on the bidder response sheet), excluding any markup by the school. All bid prices must include transportation and delivery to the warehouse or building as specified. Any school markups shall be discussed and agreed upon before sales literature is released to students for purchasing. Shipping and handling charges shall not be added to bid prices.Manufacturer's catalogue numbers, trade names, etc., where shown herein are for descriptive purposes to guide the bidder in interpreting the standard of quality, design, and performance desired, and shall not be construed to exclude proposals based on furnishing other types of materials or service. However, any substitution or departure by the bidder must be clearly noted and declared at time of bidding. Otherwise, it will be understood that the bidder intends to supply items specifically mentioned in the invitation to bid.If requested, 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/services bid.Bidder understands that each transaction for photography sales is an independent business transaction between the bidder’s company and the student. Therefore, the bidder’s company assumes all the responsibility for the quality of services provided to the students.Bidder is responsible for 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 from the student. In the literature sent home informing parents about pictures, parents must be instructed on the payment envelope to either (1) enclose exact change or (2) a check/money order made payable to “ABD Photograph Company”, NOT payable to the school.Bidder’s company is totally responsible for the collection and payment of any sales taxes. All student packages must carry a money-back guarantee. In addition, bidder may offer the student the option of having pictures retaken. The successful bidder shall provide a refund system for students wishing a refund and all refunds must be made within fourteen (14) calendar days of the refund request.Photographers sent to the schools to take pictures shall have at least two (2) years of experience in photographing school children. They must take time to arrange the student’s hair and clothing, as well as center and pose the student prior to photographing. Photographers who attempt to photograph students on a “run-through” basis will be immediately barred from further photographing. Should such action be taken against the photographer, the deadlines stated herein shall not be affected.The bid will be awarded based on the lowest evaluated bid price therefore; price is not the only consideration. Bids will be evaluated based on the following criteria:PriceQuality of sample photographsReferences from at least two (2) Kentucky school districtsCustomer service availabilityDETAIL SPECIFICATIONS – SCHOOL PICTURESFollowing are the schools included in this bid (approximate enrollment in parentheses):Northside Early Education Center (100)Marnel C. Mormon School (650 K-8th grades)Clear Creek Elementary School (500)East Middle School (600)Heritage Elementary School (475)West Middle School (700)Painted Stone Elementary School (475)Martha Lane Collins High School (1,100 9th – 12th grades)Simpsonville Elementary School (475)Shelby County High School (1,100 in 9th-12th grades)Southside Elementary School (450)Milestone Academies (150)Wright Elementary School (500)NOTE: Senior portraits are excluded from this bid, but students may choose to utilize bidder’s company for these portraits. Such portraits shall be handled as independent transactions between the bidder’s company and the student/parent and shall not take place during the regular school day or on school property.Following are the picture types included in this bid:Individual pictures (fall and possibly spring at some schools)Group pictures (classes/groups/clubs/athletics/dances/events/prom/graduation/etc.)Senior Pictures (late July – early August)NOTE: The successful bidder on this Invitation to Bid shall be designated the “School Photographer” for each of the above-named schools and shall be expected to fulfill each school’s needs in regard to pictures. Failure to comply with reasonable requests will be considered in future bid awards/extensions. There may be some limited photographing of students by other photographers from time to time for special pictures, such as oversized athletic team pictures, special fundraisers for teams or clubs, etc.INDIVIDUAL PICTURESPhotographs shall be taken at the school during the regular school day as desired by each school. Students will be scheduled by the school in a manner that creates a minimum of disruption to the normal school day.For senior pictures only – the initial photographs shall be taken at the schools in late July – early August, before school begins.For senior pictures only – each school shall provide a senior class listing to the School Photographer. The School Photographer shall be responsible for providing individual student information on the outside of each students’ picture package.For senior pictures only – for uniformity, the School Photographer shall furnish drapes for female students and tux jacket and shirt for male students, if requested by the school.Each school shall provide a homeroom listing to the School Photographer. The School Photographer shall be responsible for providing individual student information on the outside of each student’s picture package.It is understood that the bidder, if awarded the contract, shall schedule the initial picture day at each school within twenty-one (21) days from the date the bid award notification is mailed to bidder.Delivery of Pictures – Pictures must be taken in the fall for yearbooks, permanent records and to sell to students. Orders must be returned to students within twenty-one (21) days or order placement. Failure to do so will be considered in the awarding of future bids.The successful bidder shall complete a financial reconciliation and commission payment to each school within thirty (30) days following the close of the picture day program at each school. Failure to do so will be considered in the awarding of future bids.The School Photographer shall take at least two (2) photographs of each student at the time of the initial sitting. The School Photographer shall be responsible for selecting the best photograph for the student’s package.For all pictures, the School Photographer shall use a high quality digital photograph. All pictures, unless otherwise specified, shall be in color and printed on high quality paper. The School Photographer shall provide each school a zip drive, which includes all proofs/photographs taken in the fall session, and senior pictures, for use by the yearbook sponsor at each school. The pictures shall be delivered to the yearbook staff no later than ten (10) days after the pictures have been taken.The School Photographer shall provide proofs prior to payment, as well as the option to purchase from an online account, website or photo gallery. The proof packages shall be provided to the school within fourteen (14) days from the initial picture day. The School Photographer shall provide each school with an alphabetical listing of students photographed.The School Photographer shall provide a variety of background styles.On the same date of the initial picture day, the School Photographer shall arrange with the school Principal for a retake session. The retake sessions shall not extend any deadlines stated herein.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 bid prices stated on the Official Bid Form shall be in effect. Additional packages may be offered at that time as well. The school’s markup for spring pictures may be different from the markup for fall pictures. Spring pictures at the high school will be offered as a yearbook fundraiser. The yearbook shall receive at least a 50% commission. Friends or groups may be photographed. All deadlines stated herein shall be in effect for spring pictures as well.The School Photographer shall provide to the Accounting Supervisor of the Shelby County Public Schools a list of all dates for the initial picture days for all schools as soon as the dates are known. In addition, the School Photographer shall furnish to each school Principal and the Accounting Supervisor, a copy of any printed materials to be received by students. Printed material shall contain a statement to the effect that part of the price of the photographs is retained by the school as a fund-raising activity and will be used for school purposes. Bidders shall provide students with the best possible package prices from which to choose. As a result, no exact package parameters (size, quantity, etc.) other than as indicated on the Official Bid Form are included in the bid specifications. The Board reserves the right to refuse to allow the School Photographer to offer for sale any package that, in the Board’s estimation, is not reasonably priced. Bidders must submit a bid on each package (Packages A through J) shown on the Official Bid Form. In addition, these same packages (Packages A through J) must be included in the School Photographer’s actual package options for each student to be photographed as a result of being awarded this bid.In addition to package prices, bidder must submit a bid for various sizes and quantities (Items K through O) shown on the Official Bid Form. Bidder is not required to include on the price sheet sent home with students the pricing for these individual sizes/quantities (Items K through O) but, if a parent requests to purchase one or more of these items, bidder must sell the item at the bid price (plus any school markup).All sizes stated in this Invitation to Bid are intended to follow industry standards. Slight variations (within industry guidelines) are permissible, such as 2? x 3? pictures versus 2? x 3? pictures, etc.The finished photographs must be returned alphabetized (by homeroom teacher’s name and within each class) with the teacher’s name appearing on the outside of the package and must have the student’s name on each package.The Board reserves the right to award the bid for senior pictures to one (1) company and PreK – 11 pictures to a different company at the prices submitted on each vendor’s bid.GROUP PICTURES (Classes/Groups/Clubs/Athletics/Dances/Events/Etc.)This category includes, but is not limited to, elementary homerooms, middle school homerooms or grades, clubs, bands, dances, choirs, ROTC, miscellaneous events, cheerleaders, prom, graduation, and athletic teams of any kind. Also included shall be any other group that the school Principal, in his/her sole discretion, shall reasonably request to be photographed.School group photographs are an optional purchase. In the event a school Principal decides not to offer group photographs for sale to students, the School Photographer shall still take group photographs for yearbook purposes. This decision may be made on an event-by-event basis. Any group photographs taken for yearbook purposes shall be provided in an electronic format.Each school group photograph 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, certain events may also require individual pictures be taken as well.Pictures offered for sale to students shall include a variety of options, such as key tags, large buttons, calendars, mugs, phone cases, etc., that can be ordered from a proof package or online account, website or photo gallery.GROUP PICTURES – SPECIAL PROVISIONS FOR THE HIGH SCHOOLThe School Photographer shall photograph various events and activities by pre-arrangement with the yearbook staff, without 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 and the time of arrival.All organizations and groups (including superlative couples) shall be photographed at the request of the yearbook staff or the school Principal. Spring sporting events, prom and graduation shall be photographed (as any other event) if requested by the yearbook staff or the school Principal.DIGITAL PICTURES – INFINITE CAMPUSThe successful bidder shall supply a CD-ROM that includes digitized, color school pictures for use in school records. The pictures on the CD-ROM shall be the fall pictures. The students at each school shall be included on a separate CD-ROM (one CD-ROM per school).School Responsibility – The school or school district will provide the School Photographer with a data file including the following for each student:Identification numberLast nameFirst nameHomeroom numberHomeroom teacherPhotographer’s Responsibility – The photographer will provide a CD-ROM that shall be in a format compatible with, Infinite Campus, the student information system software program used by Kentucky schools. The file layout must be comma-delimited and shall have the student’s identification number associated with his/her picture. The photographer shall send each school’s CD-ROM directly to: Sarah Krauss / Shelby County Public Schools / 1155 W. Main St. / Shelbyville, KY 40065. This is also the appropriate person to contact with questions regarding the student information system requirements. She can be reached by calling (502) 633-2375.There shall be no cost for the School Photographer to provide these digital pictures.SHELBY COUNTY BOARD OF EDUCATIONShelbyville, KentuckyOFFICIAL BID FORMSchool PicturesBid Reference: PIX-2021NOTE: The following prices of individual pictures are cost ONLY (studio price) and EXCLUDE school markup.School will instruct successful bidder as to the exact markup. INDIVIDUAL PICTURES (fall/spring):Required Packages:Must give bid price for each package. Each package must be offered to students (stated on price sheet).Pkg.Qty.SizeBid PricePkg.Qty.SizeBid PriceA24212168 x 105 x 73? x 52? x 3?1? x 2?$F118168 x 105 x 72? x 3?1? x 2?$B32885 x 73? x 52? x 3?1? x 2?$G1245 x 73? x 52? x 3?$C122888 x 105 x 73? x 52? x 3?1? x 2?$H1485 x 72? x 3?1? x 2?$D224165 x 73? x 52? x 3?1? x 2?$I283? x 51? x 2?$E12488 x 105 x 72? x 3?1? x 2?$J123? x 52? x 3?$Required Items:Must give bid price for each item. Items may be, but are not required to be offered to students (stated on price sheet). Bid price shown below (plus any school markup) must be the price charged to a parent who requests any of the items shown.ItemQty.SizeBid Price(with package purchase)Bid Price(no package purchased)K18 x 10$$L25 x 7$$M23? x 5$$N42? x 3?$$O81? x 2?$$OTHER SERVICES/ITEMS AVAILABLE (please list below or on attached sheet and give pricing).1333513652500BIDDER:_________________________________________________________ Name of Company_________________________________________________________ Legal Representative’s Signature_____________________________________________ DateADDENDUM BBid Form Firm Name _______________________________________________________________________________Address __________________________________________________________________________________Telephone _______________________________________ Date __________________________________Signature ________________________________________________________________________________Printed Name __________________________________________ Title _____________________________ADDENDUM CContractor’s Employee or Contractor Affidavit of Nondisclosure – FERPA SHELBY BOARD OF EDUCATIONCONTRACTOR’S EMPLOYEE OR CONTRACTOR AFFIDAVIT OF NONDISCLOSUREContractor Name FORMTEXT ?????Title FORMTEXT ?????AddressTelephoneI understand that the performance of my duties as an employee of a contractor, or contractor, for the Shelby County Board of Education, may involve a need to access and review confidential information, including data protected by the Family Educational Rights and Privacy Act of 1974 (FERPA) and its implementing federal regulations found at 34 C.F.R. Part 99; that my request for access to this information will be evaluated under the federal and state requirements under FERPA; and, that I am required to maintain the confidentiality of this information and prevent any redisclosure prohibited under the law as stated below. Access to Confidential FERPA-Protected InformationBy signing this document I acknowledge my responsibility to maintain the confidentiality of this information and agree to the following:I will not permit access to confidential FERPA-protected or other confidential information to persons not authorized by the Shelby County Board of Education and its contractor. I will maintain the confidentiality of the data.I will not reveal any individually identifiable information furnished, acquired, retrieved or assembled by me or others for any purpose other than statistical purposes specified in the Shelby County Board of Education survey, project, or proposed research.I will report any known instances of missing data, data that has been inappropriately shared, or data taken off site to the Shelby County Board of Education and to the contractor.I understand that procedures must be in place for monitoring and protecting confidential information. I understand and acknowledge that FERPA-protected information obtained under provisions of FERPA, as a Shelby County Board of Education contractor’s employee or contractor, is confidential information.I understand that any unauthorized disclosure of confidential FERPA-protected information is illegal as provided in the FERPA. The penalty for unlawful disclosure is a fine of not more than $250,000.00 (under 18 U.S.C. 3571) or imprisonment for not more than five years (under 18 U.S.C. 3559), or both.I understand that any personal characteristics, that could make the student or his/her family’s identity traceable or re-identifiable, are protected.In addition, I understand that any data sets or output reports that I may generate using confidential data are to be protected. I will not distribute to any unauthorized person any data sets or reports that I have access to or may generate using confidential data. I understand that I am responsible for any computer transactions performed as a result of access authorized by use of sign-on/password(s).___________________________________________________________Contractor’s employee or contractor signatureDate____________________________________________________________Contractor’s authorized agent signatureDate ................
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