Attachment A - Request for Proposal #81977-S Photographic Services for University of Maryland Athletics Department 2004-2005
The University of Maryland Athletics Department is seeking experienced professionals to provide various photographic services for its twenty seven (27) intercollegiate athletics teams.Services to be provided include, but are not limited to:
Successful candidates will need to work some weekends and evenings, as well as be available as often as possible during business hours for headshots. Vendors may also be asked to accompany some teams for road games at department expense (football, men's basketball).
Criteria For Selection
Vendor will be paid on a per-assignment basis. The University will do its best to insure the most advantageous schedule possible to group assignments. More than one assignment per day will be considered to be multiple assignments, except for doubleheaders in the same sport (i.e., baseball, softball).
Vendor must supply all images in digital format on CD no later than five (5) days following an assignment. Some assignments, with prior notice from the department, will require faster turnarounds. As often as possible, vendors could be asked to supply images in a digital format immediately following contests to post on the department website. Vendor will supply a contact sheet to accompany the CD.
Vendor will be supplied with credentials and parking needed to fulfill the specifications of the assignments.
Vendor will be responsible for providing all equipment, lighting, strobes and backgrounds necessary.
Vendor will maintain the following insurance:
a. Commercial General Liability Insurance including all extensions- $2,000,000 each occurrence; $2,000,000 personal injury; $2,000,000 products/completed operations; $2,000,000 general aggregated
b. Workmen's Compensation Insurance and Unemployment Insurance as required by the laws of the State of Maryland. Contractors that do not maintain an office in Maryland are to provide Workmen's Compensation Insurance and Unemployment Insurance to the levels required by the laws of the State where they conduct their business.
c. Professional Liability Insurance, with a limit of not less than $1,000,000 per occurrence.
d. If automotive equipment is used in the operation, automobile bodily injury liability insurance with limits of not less than $1,000,000 for each person and $2,000,000 for each accident, and property damage liability insurance, with a limit of not less than $2,000,000 for each accident.
e. Products liability insurance, if not included in the Comprehensive, with limits of not less than $1,000,000 for each person and $2,000,000 for each accident.
All policies for liability protection, bodily injury or property damage must specifically and expressly name the University System of Maryland as an insured with respect to operations under the contract and premises occupied by the Contractor. With respect to the Contractor's liability for bodily injury or property damage under the items above, such insurance shall cover and not exclude Contractor's liability for injury to the property of the University System and to the persons or property of employees, students, faculty members, agents, officers, regents, invitees or guests of the University System.
Each insurance policy shall contain the following endorsement: "It is understood and agreed that the Insurance Company shall notify the Procurement Officer in writing forty-five (45) days in advance of the effective date of any reduction in or cancellation of this policy." A certificate of each policy of insurance shall be furnished to the Procurement Officer. With the exception of Workmen's Compensation, upon the request of the Procurement Officer a certified true copy of each policy of insurance, including the above endorsement manually countersigned by an authorized representative of the insurance company, shall be furnished. A certificate of insurance for Workmen's Compensation together with a properly executed endorsement for cancellation notice must always be furnished. The requested Certificates and Policies shall be delivered as directed by the Procurement Officer. Notices of policy changes shall be furnished to the Procurement Officer.
All required insurance coverages must be acquired from insurers registered to do business in the State of Maryland and acceptable to the University. The insurers must have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest edition of Best's Insurance Reports.
Vendor will agree to comply with all University, ACC, NCAA and state rules and regulations. Failure to comply with all regulations could result in termination of this agreement and forfeiture of all credentials assigned by the Athletic Department.
The University reserves the right to terminate this agreement at any
time. The performance of work under this contract may be terminated
by the University in whole or in part, in accordance with this
section, whenever the University shall determine that such
termination is in the best interest of the University or the State.
Any such termination shall be effected by delivery to the Contractor
of a Notice of Termination specifying the extent to which
performance of work is terminated and the time when such termination
(2) After receipt of a Notice of Termination, and except as otherwise directed by the Procurement Officer, the Contractor shall: (a) stop work as specified in the Notice of Termination;
(b) place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of the portion of the work under the contract as is not terminated;
(c) terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination;
(d) assign to the University, in the manner, at times, and to the extent directed by the Procurement Officer, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the University shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;
(e) settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Procurement Officer, to the extent he may require, which approval or ratification shall be final for all the purposes of this section;
(f) transfer title and deliver to the University, in the manner, at the times, and to the extent, if any, directed by the Procurement Officer.
Should a Vendor not be able to accept an assignment for any reason, the Athletics Department will contract with another Vendor on its list to fill the assignment.
Vendor will remain independent contractor and will at no time be considered an employee or agent of the University for any purpose. It is understood and agreed that the Contractor is an independent contractor of the University and not an employee. The University shall not withhold income taxes, social security, or any other sums from the payments made to the Contractor hereafter. If the Contractor employs additional persons in the performance of this contract, those persons shall in no way be considered employees of the University, but rather they shall be employees or contractors of the Contractor, and the Contractor bears full responsibility for compensating those persons.
Vendor will bill the department on a monthly basis.
Employees and agents of Contractor shall, while on the premises of the University, comply with all University rules and regulations. Contractor shall acquaint itself with conditions governing the delivery, receiving and storage of materials at the work site if applicable to this work, as not to interfere with University operations. Contractor shall not stop, delay, or interfere with University work schedule without the prior approval of the University's specified representative.
Contractor shall be entirely responsible for working in harmony with all others on the work site when Contractor is working on University premises.
Contractor agrees to clean up on a daily basis and shall at all times keep the building and premises clean of dirt, trash and debris arising out of the operation of the contract. If Contractor fails to clean up and remove such dirt, trash and debris from the job site, the University may arrange for same at Contractor's expense. Upon the completion of the work, Contractor agrees to remove promptly all implements, surplus materials and debris if applicable when it is working on the University premises.
By submitting a response to this solicitation, Contractor represents that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award.
The Contractor hereby represents and warrants that: A. It is qualified to do business in the state of Maryland and that it will take such actions as, from time to time hereafter, may be necessary to remain so qualified; B. It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this contract: and C. it shall obtain, at its expense, all licenses, permits, insurance and governmental approvals, if any, necessary to the performance of its obligations under this contract.
Vendor will be asked to provide two (2) quotes ON A PER-ASSIGNMENT BASIS ö one in which all rights to the image will be conveyed to the University of Maryland Athletics Department, and one in which the rights to the image will be shared. In this case, the vendor will be able, with prior written approval of the Athletics Department, to use the images to promote their business. Vendor will also inform the Department as to any images they provide to outside sources. In return, the Department agrees to allow the Vendor to market the images for any profit making venture (i.e., private book arrangements). The Department reserves the right to use the images for any purpose it deems appropriate to promote its sports teams, including placing the images in national publications, media guides or web sites. Due to NCAA regulations, the Vendor themselves will be unable to sell images on a website, but can contract with the Department as an adjunct to this agreement to assist the Department on developing a joint website to promote sales of still images.
Quotations are due to the Purchasing Department no later than Wednesday, June 2, 2004 12:00 PM EST.