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HomeMy WebLinkAbout12/03/2002, C4 - CONTRACT RENEWAL FOR CITY COUNCIL CHAMBER CABLECAST OPERATIONS council X4c6y D.w j acEnoa REpoRt ¢m�°°� CITY OF SAN LU I S O B I S P O FROM: Lee Price, City Clerlq-, SUBJECT: CONTRACT RENEWAL FOR CITY COUNCIL CHAMBER CABLECAST OPERATIONS CAO RECOMMENDATION: Approve a contract with KCBX/SLONET in an amount not to exceed $35,000 per year for Cablecast Operations and authorize the Mayor to execute the contract. DISCUSSION Background: 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. In 1999, staff solicited Requests for Proposals for cablecast operations. Three proposals were received and evaluated by a selection committee. KCBX/SLONET offered the strongest proposal, the lowest bid and met the preferred criteria of being a non-profit organization. In addition, the selection committee felt that KCBX/SLONET had the right combination of technical experience and vision. The contract term was for one year, with a provision to extend it for an additional twelve months by mutual agreement and upon satisfactory performance. In 2000, the City exercised the option to extend the contract. The contractor remains qualified and is prepared to continue performing the following services: 1. Live cablecasting and audio/video recording of all regular and special City Council meetings, gavel-to-gavel. 2. Live cablecasting and audio/video recording of all regular and special Planning Commission meetings, gavel-to-gavel. 3. Live cablecasting and/or audio/video recording of a limited number of special events or other government meetings. 4. Preparation and weekly maintenance of the City's community bulletin board. 5. Tape insertion and programming for playback all City Council and Planning Commission meetings and other informational videos either produced by the City or purchased by the City. 6. Live and recorded special meetings and/or events, as requested. C4 , Council Agenda Report--Contract Renewal Cablecast Operations Page 2 Staff is recommending that the Council approve this contract "sole source" for the following reasons: a. KCBX/SLONET understands the work required by the City and has demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. b. KCBX/SLONET continues to work cooperatively with City staff to improve and enhance operations. Regular meetings between City staff and the contractor are held to discuss problems, brainstorm ideas for improvements and coordinate weekly and special programming. C. KCBX/SLONET has developed new methods to insure "gavel to gavel programming including operator checklists and operation logs. d. KCBX/SLONET has non-profit status and outstanding references. e. KCBX/SLONET is committed to providing services for a reasonable compensation. FISCAL IMPACT The contract shall not exceed $35,000 per year. There is sufficient funding available in the City Clerk Admin/Records Budget specifically for this purpose. 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. 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 contract work scope. Although this alternative might reduce costs, it would also reduce the level of service the community now expects. Staff believes that the requested services can be accommodated within the existing budget for this project and would not recommend this option. 3. Issue another RFP. Staff solicited proposals just two years ago and only three were submitted. Out of those three, only one bidder was a non-profit. Operating video camera and cablecast equipment from the City's control room is a unique service and KCBX/SLONET has demonstrated competence in performing this one-of-kind contract. This option is not, therefore, recommended because staff believes there is sufficient justification to award the contract sole source. ATTACHMENT: #1 —Contract with KCBX/SLONET, including work scope and costs H:\Agenda Reports\Cablecast Operations Agenda Report 2002.doc c�-a a77 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 KCBX/SLONET,hereinafter referred to as Contractor. WITNESSETH: WHEREAS, the City wants to continue to effectively engage its citizens in local government through the City's government access channel. WHEREAS, Contractor is qualified to perform this type of service and has submitted a proposal to do so which has been accepted by City. 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 three years beginning on December 1, 2002. The agreement may be extended by mutual agreement annually for an additional two years. 2. CITY'S OBLIGATIONS. For providing services as specified in this Agreement, City will pay and Contractor shall receive therefore compensation in a total sum not to exceed$35,000 per year. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to provide services as set forth in Exhibit A attached hereto and incorporated into this Agreement. Contractor further agrees to the contract performance terms as set forth in Exhibit B attached hereto and incorporated into this Agreement. 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 of the City. 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. C,L 3 Agreement. Page 2 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 Frank Lanzone,President KCBX/SLONET 4100 Vachell Lane San Luis Obispo,CA 93401 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 Mayor APPROVED AS TO FORM: CONTRACTOR By. it orn C44 KCBX` "' " EXHIBIT A ® PuBuc ttnDio FM 90 November 7, 2002 Lee Price, CMC City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RE: KCBX/SLONET Scope of Work and Performance Measures for City of SLO Cablecast Contract Dear Lee, KCBX/SLONET is pleased to have been working with the City of SLO over the past two years cablecasting and recording City Council and Planning Commission meetings. It has been a successful collaborative partnership, working in concert to improve the quality of the cablecast as well as improve the system_s involved in managing the agreement. KCBX/SLONET is confident of its ability to continue to provide excellent service and looks forward to working with the City as it expands its video offerings. Scope of Work: 1. KCBX/SLONET will provide a minimum of two employees for each session. The primary employee will be a director, the secondary employee will serve as assistant and operator of the character generator. 2. KCBX/SLONET will have a minimum of four trained operators to allow for illness, vacation, or other required substitution. 3. One employee will arrive on site a minimum of 60 minutes prior to the start of each session to set up and test equipment and lighting and be prepared for cable casting. KCBX/SLONET operators will go.through the official setup checklist before cablecasting begins. (See attached.) 4. In the event of problems or no-show of operators, KCBX/SLONET personnel will follow the posted escalation procedures. 1 of 3 •:.1v.mua W mcYdee papoc 4100 Vachell Lane•San Luis Obispo,CA 93401 •Phone(805) 781-3020•www.kcbx.orS ® ® PuBuc RADIO FM 90 5. During each meeting, each speaker will be identified (using generated characters) on the bottom third of the screen as they are introduced. The exception shall be general members of the public, who shall be identified as "general member of public". 6. KCBX/SLONET will post an online schedule of broadcast meetings, as well as public links to the Sart Luis Obispo City Clerk web pages. 7. KCBX/SLONET operators and management meet on a monthly basis to review performance, identify areas of improvement,.and address areas of concern. 8. KCBX/SLONET personnel will meet with City representatives once per quarter to review performance and identify areas for improvement. Performance Measures: 1. The contractor will provide gavel-to-gavel coverage of all regular City Council and Planning Commission meetings. There shall be no editing. 2. 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. 3. The contractor shall provide continuous video recording of all City Council and Planning Commission meetings. 4. Master tapes will be securely kept and stored at City Hall pursuant to the City's Records Retention Schedule. Master tapes will be removed from City Hall only for the purpose of copying. The contractor will continue to work with City staff to develop a reliable means to digitally archive videos. 5. The city calendar will be updated at least once per week. 6. The contractor will work cooperatively with City staff on special events, or meetings, as appropriate, and at mutually agreed upon dates and times. 7. All programming shall be pre-approved and authorized by the City Administrative Officer, or his/her designee. 8. 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. 2 of 3 ;%Pft w�aw« 4100 Vachell Lane•San Luis Obispo,CA 93401 • Phone(805)781-3020•www.kcbx.org �11 nAe KCBX ' � PuBuc RADIO FM 90 9. The contractor shall at all times provide courteous, high quality, efficient and professional technical service to the reasonable satisfaction of the City. Submitted by: Frank nzone, Preside 3of3 ,::Pr+nma m�ya.a wvR. 4100 Vachell Lane•San Luis Obispo,CA 93401 •Phone(805)781-3020•www.kcbx.org C� �� City Hall Video Operator Checklist Date: chMZA/ 01 Meeting Type: Operators: & TURN ON: Orange Switch in bottom center rack Dell Computer Under desk Camera Power on Control Panels All Monitors on/in the Desk Tape Machines 1 & 2 Trinity in back of racks Q Start up Dell: Ctrl, Alt, Del Return at password entry Dbi Click"Switcher" application icon to load When the program loads, click on the'Tidlewave" button CREATE: Meeting Logo/Date page with proper Information Check for new staff or presenter names on the Agenda and create CG's Make one line descriptions of Agenda items Save pages in correct bins Reload Switcher Check for 4 green lights on camera Inputs Load Logo/Date page into FS 1, select on Trinity Load 180 min. tapes into VCR 1,2 REWIND the tapes,to"0"counter Start tape#1 at the start of the meeting or just before. Set the Reminder Alarm on the clock Force Leightronix to input 8, using the posted instructions Start video capture(see instructions) Turn on AUDIO Produce Meeting -START TIME: At the end of meeting -Tum off AUDIO Put up FS 1 Logo/Date slide Force leightronix to input 10 (Power point slides) Stop VCR Recording, REWIND tapes and label Put Tape # 1 in PLAY VCR# 1 for City Councilor # 3 for Planning Comm. Put Tape # 2 in PLAY VCR#2 for City Council, or # 4 for Planning Comm. IF no second tape was used, put in a blank tape Shut all equipment down. 8 Shut off Dell, monitors, VCR's, Cameras,Trinity &Orange Switch Make entries in Incident Log. Meeting End Time: Operator Initial: O 'KCBX, � !� Pt1BLIC RADIO FM 9O ,� 1 7- KCBXISLONET Cablecast VideoProosal-November 2002 'Cry Contracted Current 03-04 Fees Proposed Actual Fees Meetings Contractrotal Proposed Proposed Total City Council Meetings 21. $ 390.00 24 $ 9,360.00 24 $ 429.00 $ 10,296.00 Planning Comm.Meetings 19 $ 240.00 24 $ 5,760.00 24 $ 429.00 $ 10,296.00 Speclal Meetings 10 $ 390.00 10 $ 3,900.00 15 $ 429.00 $ 6,435.00 Spedall Events 1 5 Extra Hours-Training 0 $ 23.00 0 $ •Extra.Hours-Meetings 59.5 $ 23.00 $ 26.00 $ BB 52 $ 50.00 52 $ 2,600.00 52 $ 60.00 $ 3,120.00 $ 21,620.00 $ 30,147.00 NOTES: Special Meeting Fees are InclusNe. Special Meeting Estimates Increased from 10 to 15 par year. Special Events to be billed at the hourly rate. Citf Council Meetings and P1 F ning Commisslon Meetings, eetin s will be charged at the same rate. ACTUALS ARE THROUGH OCTOBER 2002. 4$Pd,"d« w wv«. 4100 VacheU Lane-San Luis Obispo,CA 93401 -Phone(805)781-3020-www.kcbx.org C4 Exhibit B CONTRACT PERFORMANCE TERMS 1. Ability to Perform. Contractor warrants that it possesses,or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to cant' out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws,ordinances,and regulations. 2. Laws to be Observed. 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. 3. Payment of Taxes. The contract prices shall include full compensation for all taxes that Contractor is required to pay. 4. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees,and give all notices necessary. 5. Safety Provisions. Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 6. Public and Employee Safety. Whenever 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. 7. Preservation of City Property. 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 Contractor's operations, it shall be replaced or restored at Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 8. Immigration Act of 1986. Contractor warrants on behalf of itself and all sub-contractors 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 hereunder. 9. Contractor Non-Discrimination. In the performance of this work,Contractor agrees that it will not engage in, nor permit such sub-contractors 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. 10. Work Delays. Should Contractor be obstructed or delayed in the work required to be done hereunder 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. C4, 10 i Exhibit B:Contract Performance Terms Page B-2 11. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the services provided by Contractor(Net 30). 12. Inspection. Contractor shall fumish City with every reasonable opportunity for City to ascertain that the services of 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. 13. 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. 14. Interests of Contractor. 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 hereunder. Contractor further covenants that, in the performance of this work, no sub-contractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest in performing this work isanofficer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder,Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 15. Hold Harmless and Indemnification. 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 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 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 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. 16. 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. Upon request by the City,the Contractor will provide the City with a description of its Year 2000 compliance strategy,or statement of why this is not relevant to contract performance. 17. Contract Assignment. 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. Exhibit B:Contract Performance Terms Page B3 18. Termination. If, during the term of the contract, the City determines that Contractor is not faithfully abiding by any term or condition contained herein, the City may notify Contractor in writing of such defect or failure to perform; which notice must give Contractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitutea breach of the contract and the City may terminate the contract immediately by written notice to Contractor to said effect. Thereafter, neither party shall have any further duties,obligations,responsibilities or rights under the contract. In said event, 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 Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by 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 Contractor be entitled to receive in excess of the compensation quoted in its proposal. 19. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of 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. 20. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by 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 Contractor without the prior written approval of the City. 21. Copies of Reports and.Information. If the City requests additional copies of reports,drawings, specifications, or any other material in addition to what Contractor is required to furnish in limited quantities as part of the work or services under these specifications, Contractor shall provide such additional copies as are requested, and City shall compensate Contractor for the costs of duplicating of such copies at the Contractor's di-rect expense. 22. Required Deliverable Products. Contractor will provide: a. When computers have been used to produce materials submitted to the City as a part of the workscope, Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible: a Word Processing Word a Spreadsheets Excel a Desktop Publishing Coreldraw,Pagemaker e Computer Aided Drafting(CAD) AutoCad a4- to { Exhibit B:Contract Performance Terms Page B-4 Computer files must be on 31/2", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 23. Attendance at Meetings and Hearings. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 24. Insurance. 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 Contractor, its agents,representatives,employees or sub-contractors. a. Minimum scope of insurance. Coverage shall be at least as broad as: • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability,code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. • Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • 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. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain,or be endorsed to contain,the following provisions: • 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 Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special Exhibit B:Contract Performance Terms Page B-5 limitations on the scope of protection afforded to the City, its officers, official, employees,agents or volunteers. • For any claims related to this project, 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 Contractor's insurance and shall not contribute with it. • Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials,employees, agents or volunteers. • 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. • 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.. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than AMI. f. Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. 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. C�-I�