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HomeMy WebLinkAbout09/19/2000, C-7 - CITY COUNCIL CHAMBER CABLECAST OPERATIONS council `°°`9-19-Co j acEnba Repout CITY OF SAN LUIS OBISPO FROM: Lee Price, City Clerk SUBJECT: City Council Chamber Cablecast Operations CAO RECOMMENDATIONS: 1. Approve Request for Proposals (Specification No. 90173) for Cablecast Operations. 2. Authorize soliciting of proposals. 3. Authorize contract award by the CAO if the lowest responsible proposal does not exceed $30,000/year. DISCUSSION In 1997, the City Council endorsed a conceptual model for public access that would ultimately include contracting with a non-profit organization to provide a full range of services to implement a Public,Education and Government(PEG) Access Program in the City of San Luis Obispo. The Council also conceptually approved a plan for government access that includes live and video cablecasting of City Council and Planning Commission meetings, and the production of City informational videos and in-house training programs. Direction was given to staff to move forward with implementing the"G"component of PEG and that has been the focus of efforts to-date. Installation of technological improvements in the City Council Chamber to broadcast live public meetings is essentially complete. A qualified, independent contractor is being sought to provide the following services in support of the City's goal of implementing television cablecast programming on the City's Government Access Channel: ➢ Live cablecasting and audio/video recording of all regular and special City Council meetings, gavel-to-gavel(approximately 24 regular and 8 special meetings). There shall be no editing. ➢ Live cablecasting and audio/video recording of all regular and special Planning Commission meetings, gavel-to-gavel (approximately 24 regular and 2 special meetings). There shall be no editing. ➢ Live cablecasting and/or audio/video recording of a limited number of special events or other government meetings. ➢ Preparation and weekly maintenance of the City's community bulletin board. ➢ Tape insertion and programming for playback, as needed, of City government informational videos. Although this current request is for operations of the government access channel only, it is very likely that the scope of services will be expanded in the future given the additional goals of the City and significant opportunities for the City to partner with other agencies and the public in support of PEG access. Non-profit status is not a prerequisite for this RFP, however, special consideration will be given to non-profit organizations. This preference reflects the h&j Council Agenda Report—RFP for Cablecasting Operations Page 2 the City will develop a strong and lasting relationship with a contractor who is also interested in assisting the City expand and enhance the City's PEG Access Program. Provided the City Council approves the RFP, the schedule is as follows: a. Issue RFP 9/20/00 b. Conduct pre-proposal conference 9/27/00 c. Receive proposals 10/11/00 d. Conduct finalist interviews 10/12/00 e. Complete background 10/16/00 f. Award/Execute contract 10/20/00 g. Complete training 10/27/00 h. Begin work 11/01/00 Evaluation of the proposals will be based on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. C. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. Non-profit status. g. References. h. Background and related experience of the specific individuals to be assigned to this project. i. Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City.. The contract term will be for one year and may be extended for an additional twelve months by mutual agreement and upon satisfactory performance. Staff will be returning in the very near future with a program policy and operational procedures for the government access channel. In addition, a training session is in the planning stages for Council, Planning Commission and City staff to prepare for"going live"on November 8, 2000. FISCAL IMPACT Costs for the capital equipment were paid for from funds received from the cable operator(s) as part of the franchise agreement provisions and subsequent transfer. The City's PEG access fund, currently being accrued by Charter Communications from a 1% surcharge on customer fees, may only be used for capital and facilities and may not be used for operations. General Fund money was set aside for operations in the 1999-01 Financial Plan. The current budget for operations is $30,000 per year. C7-2 Council Agenda Report—RFP for Cablecasting Operations Page 3 ALTERNATIVES 1. Hire in-house personnel. This option is not recommended because: a) It would be counter to previous Council conceptual approval for relying on a nonprofit access corporation to help the City manage PEG access. As stated previously, while this contract will provide for operations of the government access component only, it is anticipated that the contract will be expanded in the future given the significant opportunities for the public and other agencies to use the technology to be installed. b) Currently, no existing staff is available to support this project. Costs associated with recruitment, hiring and the provision of salary and benefits would be more expensive than the cost of contracting out. 2. Reduce the tasks in the workscope. Although this alternative might reduce costs, it would also reduce the level of service. Staff believes that the requested services can be accommodated within the existing budget for this project. Therefore, it is not recommended. 3. Only allow non-profits to submit proposals as originally envisioned. Staff believes that limiting prospective contractors to only non-profits will unduly restrict our options and, as a result, do not recommend that option. ATTACHMENT: #1 -Description of Work #2–Proposers List Note: A complete copy of the RFP is available for review in the Office of the City Clerk and in the City Council Reading File. C7-3 DESCRIPTION OF.WORK Attachment #1 Background The City of San Luis Obispo desires to more effectively engage its citizens in local government. In support of that goal, the San Luis Obispo City Council endorsed a conceptual model for public access that would ultimately include contracting with a non- profit organization to provide a full range of services to implement a Public, Education and Government(PEG)Access Program in the City of San Luis Obispo. The City Council also conceptually approved a plan for government access that includes live and video cablecasting of City Council and Planning Commission meetings, and the production of City informational videos and in-house training programs. Direction was given to staff to move forward with implementing the"G"component of PEG and that has been the focus of efforts to-date. Installation of technological improvements in the City Council Chamber to broadcast live public meetings is essentially complete. The RFP A qualified, independent contractor is being sought to provide the following services in support of the City's goal of implementing television cablecast programming on the City's Government Access Channel: ➢ Live cablecasting and audio/video recording of all regular and special City Council meetings, gavel-to-gavel(approximately 24 regular and 8 special meetings). ➢ Live cablecasting and audio/video recording of all regular and special Planning Commission meetings, gavel-to-gavel (approximately 24 regular and 2 special meetings). ➢ Live cablecasting and/or audio/video recording of a limited number of special events. Some editing may be required. ➢ Preparation and weekly maintenance of the City's community bulletin board. ➢ Tape insertion and programming for playback, as needed, of City government informational videos. The successful contractor must be able to demonstrate the ability to effectively operate, or be trained to effectively operate, equipment located in the"control room", that includes (but is not limited to), the following: ➢ Cameras: Four Panasonic high performance color 1/3-inch single-CCD video cameras in a one-piece dome housing which includes robotics receiver, lens and camera. ➢ Camera system controller: Panasonic desktop controller operates the lens, pan/tilt, white balance, menu setup program and preset position recalls for each camera. C7-4 Description of Work, Page 2 Attachment#1 ➢ Production switcher, editor and character generator system: The Trinity System,made by Play, Inc., was selected because of the amount of versatility and component incorporation that this system provides. The main case unit and motherboard includes software program operations for five different components: o Live D-1 production SWITCHER with chroma-keyer and stillstore o WARP ENGINE 3D digital video effects and virtual sets o PREDITOR on-line linear editing and VCR control o TITLEWAVE live on-air character generator o PANAMATION paint, animation and compositing 9 Playback air-feed cablecast switcher: Leightronics serves as the main air-feed switcher, VCR machine controller and program event schedule system for the playback system. In addition,the successful contractor must be able to demonstrate the ability to effectively perform the following technical tasks: ➢ Camera and other signal source monitoring ➢ Control room audio monitoring ➢ Production system audio mixing ➢ Production system audio recording and playback ➢ Video monitoring ➢ Video tape playback ➢ Channel bulletin board character generation ➢ Off-Air signal monitoring Special Consideration Although this current request is for operations of the government access component only, it is very likely that the scope of services will be expanded in the future given the additional goals of the City and significant opportunities for the City to partner with other agencies and the public. Non-profit status is not a prerequisite for this RFP, however, special consideration will be given to non-profit organizations. This preference reflects the hope that the City will develop a strong and lasting relationship with a Contractor who is also interested in assisting the City expand and enhance the City's PEG Access Program. Training Training shall be provided to the Contractor by The Waterford Group (who installed the cablecast equipment) during the week of October 23-27, 2000. Two sessions of three hours each shall be provided at times and dates to be agreed upon between the Contractors and the City. This shall be a"hands-on" training session utilizing the installed equipment. C7-5 Description of Work,Page 3 Attachment#1 Performance Successful execution of the contract will include the following: ➢ The contractor will provide gavel-to-gavel coverage of all regular City Council and Planning Commission meetings. There shall be no editing. A contingency plan must be developed to the satisfaction of the City to ensure that all regular meetings are cablecast, without exception. ➢ The contractor will provide gavel-to-gavel coverage of all special City Council and Planning Commissions. There shall be no editing. The City will give adequate notice to the contractor of special meetings. ➢ The contractor will work cooperatively with City staff to establish and maintain a community bulletin board. The bulletin board will be updated at least once per week. ➢ The contractor will work cooperatively with City staff on special events, or meetings, as appropriate, and at mutually agreed upon dates and times. ➢ All programming shall be pre-approved and authorized by the City Administrative Officer, or his/her designee. ➢ The contractor shall operate the City's equipment in a safe,responsible and professional manner. The contractor will immediately notify the City if equipment is in need of maintenance or repair. Irresponsible or unauthorized use of the equipment will subject the contractor to termination. ➢ The contractor shall at all times provide courteous, high quality, efficient and professional technical service to the reasonable satisfaction of the City. C7-6 PROPOSERS LIST Attachment #2 CABLECAST OPERATIONS--SPECIFICATION NO.90173 Steve Mathieu Pat Renshaw AGP Video Village Public Television 1600 Preston Lane 467 Hill Street, Suite 100 Morro Bay, CA 93442 San Luis Obispo,CA 93405 Phone No. 772-2715 Phone No. 784-0511 Fax No. 772-4950 Fax No. 784-0513 Susan Coward,General Manager Leslie Carol KCBX/SLONET Flying Colors Studio 4100 Vachell Lane 1102 Madonna Road San Luis Obispo, CA 93401 San Luis Obispo, CA 93405 Code Phone No.781-3020 Phone No. 544-4826 Fax No. Fax No. Meredith Bates, President Geoffrey Dunn, Executive Director SLOCAM Community TV of Santa Cruz County P.O.Box 6842 816 Pacific Avenue Los Osos,CA 93412-6842 Santa Cruz, CA 95060 Phone No. 549-6776 Phone No. 831-425-8848 Fax No. Ed Merrill,General Manager KCOY TV Charter Communications 1211 W. McCoy 270 Bridge Street Santa Maria,CA 93459 San Luis Obispo, CA 93401 Phone No. 925-1200 Phone No. 544-1962 Fax No. 349-9965 Fax No. 541-6042 Brandon Downing, Production Supervisor Journalism Dept. KSBY TV Cal Poly State University 1772 Calle Joaquin San Luis Obispo,CA 93407 San Luis Obispo,CA 93405 Phone No. 756-2508 Phone No. 541-6666 Fax No. Fax No. 543-4378 Bob Hartig Language&Communications Division Cuesta College P.O.Box 8106 San Luis Obispo, CA 93403-8106 Phone No. 546-3178 Fax No. 546-3115 C771 -1- PROPOSERS LIST CABLECAST OPERATIONS—SPECMCATION NO.90173 Steve Mathieu Pat Renshaw AGP Video Village Public Television 1600 Preston Lane 467 Hill Street, Suite 100 Morro Bay, CA 93442 San Luis Obispo,CA 93405 Phone No. 772-2715 Phone No. 784-0511 Fax No. 772-4950 Fax No. 784-0513 Susan Coward,General Manager Leslie Carol KCBX/SLONET Flying Colors Studio 4100 Vachell Lane 1102 Madonna Road San Luis Obispo,CA 93401 San Luis Obispo,CA 93405 Code Phone No.781-3020 Phone No. 544-4826 Fax No. Fax No. Meredith Bates,President Geoffrey Dunn, Executive Director SLOCAM Community TV of Santa Cruz County P.O. Box 6842 816 Pacific Avenue Los Osos,CA 93412-6842 Santa Cruz,CA 95060 Phone No. 549-6776 Phone No. 831425-8848 Fax No. Ed Merrill,General Manager KCOY TV Charter Communications 1211 W.McCoy 270 Bridge Street Santa Maria,CA 93459 San Luis Obispo,CA 93401 Phone No. 925-1200 Phone No. 544-1962 Fax No. 349-9965 Fax No. 541-6042 Brandon Downing,Production Supervisor Journalism Dept. KSBY TV Cal Poly.State University 1772 Calle Joaquin San Luis Obispo,CA 93407 San Luis Obispo,CA 93405 Phone No. 756-2508 Phone No. 541-6666 Fax No. Fax No. 543-4378 Bob Hartig Language&Communications Division Cuesta College P.O. Box 8106 San Luis Obispo,CA 93403-8106 Phone No. 546-3178 Fax No. 546-3115 C7-8 -1- city Of san lugs omspo 990 Palm Street ■ San Luis Obispo,CA 93401 Notice Requesting Proposal for CABLECAST OPERATIONS The City of San Luis Obispo is requesting sealed proposals for contract cablecast operations from the City Hall Council Chamber pursuant to Specification No. 90173. All proposals must be received by the Department of Finance by 3:00 p.m. on October 11, 2000 when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. No late proposals will be accepted. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, specification number, contractor's name, and date and time of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal conference will be held at City Hall in the Council Hearing Room, 990 Palm Street, San Luis Obispo on Wednesday, September 27, 2000 at 10:00 a.m. to answer any questions that the prospective contractor's may have regarding the City's request for proposals. In addition, those submitting proposals which are deemed qualified, shall be interviewed by a panel selected by the City Clerk on Thursday,October 12,2000 beginning at 10:00 a.m. Specification packages and additional information may be obtained by contacting Lee Price, City Clerk, at(805) 781-7104. R Specification No. 90173 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 4 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 9 Contract Term Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule D. Agreement 12 E. Insurance Requirements 14 F. Proposal Submittal Forms 16 Proposal Submittal Form Resume References i Specification No. 90173 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 4 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 9 Contract Term Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule D. Agreement 12 E. Insurance Requirements 14 F. Proposal Submittal Forms 16 Proposal Submittal Form Resume References DESCRIPTION OF WORK Attachment #2 Background The City of San Luis Obispo desires to more effectively engage its citizens in local government. In support of that goal,the San Luis Obispo City Council endorsed a conceptual model for public access that would ultimately include contracting with a non-profit organization to provide a full range of services to implement a Public,Education and Government(PEG)Access Program in the City of San Luis Obispo. The City Council also conceptually approved a plan for government access that includes live and video cablecasting of City Council and Planning Commission meetings,and the production of City informational videos and in-house training programs. Direction was given to staff to move forward with implementing the"G"component of PEG and that has been the focus of efforts to-date. Installation of technological improvements in the City Council Chamber to broadcast live public meetings is essentially complete. The RFP A qualified, independent contractor is being sought to provide the following services in support of the City's goal of implementing television cablecast programming on the City's Government Access Channel: ➢ Live cablecasting and audio/video recording of all regular and special City Council meetings,gavel-to-gavel (approximately 24 regular and 8 special meetings). ➢ Live cablecasting and audio/video.recording of all regular and special Planning Commission meetings,gavel-to-gavel (approximately 24 regular and 2 special meetings). ➢ Live cablecasting and/or audio/video recording of a limited number of special events. Some editing may be required. ➢ Preparation and weekly maintenance of the City's community bulletin board. ➢ Tape insertion and programming for playback,as needed, of City government informational videos. The successful contractor must be able to demonstrate the ability to effectively operate,or be trained to effectively operate, equipment located in the"control room", that includes.(but is not limited to),the following: ➢ Cameras: Four Panasonic high performance color 1/3-inch single-CCD video cameras in a one- piece dome housing which includes robotics receiver, lens and camera. ➢ Camera system controller: Panasonic desktop controller operates the lens,pan/tilt,white balance,menu setup program and preset position recalls for each camera. ➢ Production switcher, editor and character generator system: The Trinity System,made by Play, Inc.,was selected because of the amount of versatility and component incorporation that this system provides.The main case unit and motherboard includes software program operations for five different components: -1- o Live D-1 production SWTTCHER with chroma-keyer and stillstore o WARP ENGINE 3D digital video effects and virtual sets o PREDITOR on-line linear editing and VCR control o TTTLEWAVE live on-air character generator o PANAMATION paint, animation and compositing ➢ Playback air-feed cablecast switches Leightronics serves as the main air-feed switcher, VCR machine controller and program event schedule system for the playback system. In addition,the successful contractor must be able to demonstrate the ability to effectively perform the following technical tasks: ➢ Camera and other signal source monitoring ➢ Control room audio monitoring ➢ Production system audio mixing ➢ Production system audio recording and playback ➢ Video monitoring ➢ Video tape playback ➢ Channel bulletin board character generation ➢ Off-Air signal monitoring Special Consideration Although this current request is for operations of the government access component only, it is very likely that the scope of services will be expanded in the future given the additional goals of the City and significant opportunities for the City to partner with other agencies and the public. Non-profit status is not a prerequisite for this RFP, however, special consideration will be given to non-profit organizations. This preference reflects the hope that the City will develop a strong and lasting relationship with a Contractor who is also interested in assisting the City expand and enhance the City's PEG Access Program. Training Training shall be provided to the Contractor by The Waterford Group(who installed the cablecast equipment)during the week of October 23-27,2000. Two sessions of three hours each shall be provided at times and dates to be agreed upon between the Contractors and the City. This shall be a"hands-on" training session utilizing the installed equipment. Performance Successful execution of the contract will include the following: ➢ The contractor will provide gavel-to-gavel coverage of all regular City Council and Planning Commission meetings. There shall be no editing. A contingency plan must be developed to the satisfaction of the City to ensure that all regular meetings are cablecast,without exception. ➢ The contractor will provide gavel-to-gavel coverage of all special City Council and Planning Commissions. There shall be no editing. The City will give adequate notice to the contractor of special meetings. ➢ The contractor will work cooperatively with City staff to establish and maintain a community bulletin board. The bulletin board will be updated at least once per week. -2- ➢ The contractor will work cooperatively with City staff on special events,or meetings,as appropriate,and at mutually agreed upon dates and times. ➢ All programming shall be pre-approved and authorized by the City Administrative Officer, or his/her designee. ➢ The contractor shall operate the City's equipment in a safe,responsible and professional manner. The contractor will immediately notify the City if equipment is in need of maintenance or repair. Irresponsible or unauthorized use of the equipment will subject the contractor to termination. ➢ The contractor shall at all times provide courteous,high quality, efficient and professional technical service to the reasonable satisfaction of the City. -3- Section B GENERAL TERMS AND CONDITIONS . PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal shall meet all of the terms and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the contractor acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo,CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of contractor, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M.Best rating. b. Scope of coverage and limits. C. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the contractor's insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City's insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the contractor must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum proposal shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any contractor for any item are not in agreement, the unit price alone will be considered as representing the contractor's intention and the proposal total will be convected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A contractor may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the contractor unopened. No proposal received after the time specified or at any place other than that stated in the "Proposal" will be considered. All proposals will be opened and declared publicly. Contractors or their representatives are invited to be present at the opening of the proposals. 6. Proposal Submittals. Submissions of a proposal, which contain options, are allowed. Alternative proposals that the contractor believes will also meet the City's project objectives but in a different way are also allowed. In this case, the contractor must provide an analysis of the advantages and disadvantages of each of the alternatives, and discuss under what circumstances the City would prefer one alternative over the other(s). -4 7. Cooperative Purchasing. During the term of the contract, the successful contractor will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business,and will be directly billed by the successful contractor. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal,to reject any or all proposals,to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terns and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Contractor. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of contractor. Contractor will provide, in a timely manner, any and all information which the City deems necessary to make such a decision. 11. Contract Requirement. The contractor to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverage's, and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor wan-ants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work thereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 17. Permits, Licenses and Inspections. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. The Contractor shall request all required inspections and shall correct any deficiencies identified in the inspections. -5- 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work thereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done thereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option,be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a fording as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor(Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. -6- 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work thereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work thereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents,officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents,officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right; title or interest, or its.power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention; and if applicable, any data outside of the date range 1990- 1999, including leap years, will be correctly processed in any level of computer hardware or software, including,but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability,otherwise provided by the Contractor. 31. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform; which notice must give the Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods -7- performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. -8- Section C SPECIAL TERMS AND CONDITIONS 1. Contract Term. The services identified in this specification will be used by the City between November 2000 and November 2001. The prices quoted for services must be valid for the entire period indicated above unless otherwise conditioned by the proposal. 2. Contract Extension. The term of the contract may be extended by mutual consent for an additional twelve months. During this extended period, fees for service may not be increased by more than the percentage change in the US consumer price index for All Urban Consumers(CPI- U), from July 1, 2000 to July 2001; however if tasks or services are significant revised, a new contract may be required. 3. Contractor Invoices. The Contractor shall deliver a monthly invoice to the City completely and accurately detailing live and video production activities by the 10' of each month for the preceeding month's services. 4. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the IFB/RFP package. 6. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. C. References from at least three firms for whom you have provided similar services d. Proof of non-profit status, if applicable. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub- consultants. g. Statement and explanation of any instances where your fain has been removed from a project or disqualified from proposing on a project. Work Program h. Description of your approach to completing the work. i. Any other information that would assist us in making this contract award decision. Compensation j. Proposed compensation and payment schedule tied to accomplishing key tasks. -9- Proposal Length and Copies k. Proposals should not exceed ten (10) pages, including attachments and supplemental materials. 1. Three copies of the proposal must be submitted. 2. Proposal Evaluation and Selection. Proposals will be evaluated by a review committee based on the following criteria: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. C. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. Non-profit status. g. References. h. Background and related experience of the specific individuals to be assigned to this project. i. Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. 3. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 9/20/00 b. Conduct pre-proposal conference 9/27/00 c. Receive proposals 10/11/00 d. Conduct finalist interviews 10/12/00 e. Complete background 10/16/00 f. Award/Execute contract 10/20/00 g. Complete training 10/27/00 h. Begin work 11/01/00 9. Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date,and time to answer any questions that prospective proposers may have regarding this RFP: Wednesday, September 27,2000 10:00 a.m. Council Hearing Room 990 Palm Street San Luis Obispo, CA 10. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City,and shall be delivered to the City upon demand. -10- Il. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 12. Copies of Reports and Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. -11- Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and[COMPANY],hereinafter referred to as Contractor. WITNESSETH: WHEREAS, on September 20, 2000, the City requested proposals for a cablecast operations per Specification No.90173. WHEREAS,pursuant to said request,Contractor submitted a proposal which was accepted by City for said system. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from November 1, 2000 to November 1,2001. 2. INCORPORATION BY REFERENCE. City Specification No. 90173 and Contractor's proposal dated ,2000,are hereby incorporated in and made a part of this Agreement. 3. CITY'S OBLIGATIONS. For providing a broadcasting system as specified in this Agreement, City will pay and Contractor shall receive therefore compensation as set forth in the Contractor's proposal. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements herein before mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification. 5. AMENDMENTS. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer. -12- 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement,understanding, or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor [ ] [ ] [ ] 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk City Administrative Officer APPROVED AS TO FORM: CONTRACTOR By: City Attorney -13- Section E INSURANCE REQUIREMENTS: Operation & Maintenance Contracts The Contractor shall procure and maintain.for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Contractor, its agents,representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage(occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87)covering Automobile Liability, code 1 (any auto). 3. Workers'Compensation insurance as required by the State of California and Employer's Liability . Insurance. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain,the following provisions: 1. The City, its officers,officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor, products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official,employees,agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. -14- Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANLL Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing required coverage. Original endorsements effecting general liability and automobile liability coverage are also required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. -15- PROPOSAL SUBMITTAL SUMMARY The undersigned declares that she or he has carefully examined Specification No. 90173,which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted as follows: Description of Service Estimated Per Per Meeting or Total Year Event , Cablecast/Video Tape Regular City 24 Council Meetings CablecastNideo Tape Special City 8 Council Meetings CablecastNideo Tape Regular Planning 24 Commission Meetings Cablecast(Video Tape Special Planning 2 Commission Meetings CablecastNideo Tape Special Events 5 Update Community Bulletin Board (not 52 less than once per week). TOTAL ANNUAL ESTIMATE $ Hourly rate for advance programming of video playback or other supplemental $ /hr services The undersigned declares that she or he: ■ has carefully examined Specification No. 90173,which is hereby made a part of this proposal. ■ is thoroughly familiar with its contents. ■ is authorized to represent the proposing firm. ■ agrees to perform the work as set forth in this proposal. ❑ Certificate of insurance attached; insurance company's A.M.Best rating: ❑ Proof of non-profit status attached; if applicable. Firm Name and Address Contact Phone Si nature of Authorized Representative Date -16- REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: Describe fully the last three contracts performed by your firm which demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.2 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.3 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome -17- STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality,and if so to explain the circumstances. ■ Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No ❑ ■ If yes, explain the circumstances. Executed on at under penalty of perjury of the laws of the State of California,that the foregoing is true and correct. Signature of Authorized Proposer Representative -18-