HomeMy WebLinkAboutRFP - P834 PROGRAMMING CABLE 27City of Fort Collins
Administrative Services
Purchasing Division
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
PROGRAMMING FOR CABLE 27
PROPOSAL NUMBER P-834
PROPOSAL DATE: 3:00 p.m. (our clock) May 3, 2002
215 North Mason Street - 2nd Floor - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6775 - FAX (970) 221-6707
Programming Not Produced by the City - Some municipal cable television programs
will come from sources outside the City. Such programming must be consistent with
this Policy. Programming or programming services shall be procured consistent with
the City's Purchasing Manual and Code. The source of any program cablecast on
City Cable 27 shall be identified either proceeding or following cablecast of the
program.
PROGRAM PRIORITIES AND SCHEDULING
Selection and scheduling of all programming on City Cable 27 shall be the responsibility of the
Communications and Public Involvement Office. Scheduling will be in accordance with channel
use priorities, listed below, and the availability of equipment and resources.
• Emergency Override Notification - To provide citizens with information and
procedures in the event of emergency situations (severe weather, civil emergencies,
failure of municipal service or systems, hazardous waste, etc. )
• Public Meetings - To help increase and encourage citizen awareness and
participation in public policy decision -making. City Council meetings and study
sessions will be given first priority.
• Function and Operation of City Services - To illustrate and describe the functions,
operations, and services of some unit of City government in order to increase citizen
understanding of their government and its services.
• Local Issues Programming - To provide an outlet for discussion from a municipal
viewpoint of issues that bear upon the Fort Collins Community or upon specific
audiences or neighborhoods including the impact of regional, state, and federal
policies on the City and its residents.
• Community Interest Programming — To provide information about various aspects of life in
Fort Collins, including community events and topics of general interest.
Programming of Other Governmental Entities - To allow other governmental entities to
cablecast their programming on City Cable 27 under an intergovernmental agreement with
the City.
Video Bulletin Board - To provide calendar or informational messages to citizens about
programs and public services offered by City Departments and other governmental agencies
when authorized by intergovernmental agreement.
John F. Fischbach,
City Manager
Date
SA 10/01
SERVICES AGREEMENT
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and
"Service Provider".
WITNESSETH:
hereinafter referred to as
In consideration of the mutual covenants and obligations herein expressed, it is agreed
by and between the parties hereto as follows:
1. Scope of Services. The Service Provider agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of (_)
page[s], and incorporated herein by this reference.
2. The Work Schedule. [Optional] The services to be performed pursuant to this
Agreement shall be performed in accordance with the Work Schedule attached hereto as
Exhibit "B", consisting of _ (_) page[s], and incorporated herein by this reference.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated within (_) days
following execution of this Agreement. Services shall be completed no later than
Time is of the essence. Any extensions of the time limit set forth above
must be agreed upon in a writing signed by the parties.
4. Contract Period. [Option 1] This Agreement shall commence upon the date of
execution shown on the signature page of this Agreement and shall continue in full force and
effect for one (1) year, unless sooner terminated as herein provided. In addition, at the option of
the City, the Agreement may be extended for an additional period of one (1) year at the rates
provided with written notice to the Professional mailed no later than ninety (90) days prior to
contract end.
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4. Contract Period. [Option 2] This Agreement shall commence , 200,
and shall continue in full force and effect until , 200 , unless sooner terminated as
herein provided. In addition, at the option of the City, the Agreement may be extended for
additional one year periods not to exceed _ (_) additional one year periods. Pricing changes
shall be negotiated by and agreed to by both parties and may not exceed the Denver - Boulder
CPI-U as published by the Colorado State Planning and Budget Office. Written notice of
renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior
to contract end.
5. Delay. If either party is prevented in whole or in part from performing its
obligations by unforeseeable causes beyond its reasonable control and without its fault or
negligence, then the party so prevented shall be excused from whatever performance is
prevented by such cause. To the extent that the performance is actually prevented, the Service
Provider must provide written notice to the City of such condition within fifteen (15) days from
the onset of such condition.
[Early Termination clause here as an option.
6. Early Termination by City/Notice. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing written
notice of termination to the Service Provider. Such notice shall be delivered at least fifteen (15)
days prior to the termination date contained in said notice unless otherwise agreed in writing by
the parties. All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
City:
Service Provider:
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In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
7. City Representative. The City will designate, prior to commencement of the
work, its representative who shall make, within the scope of his or her authority, all necessary
and proper decisions with reference to the services provided under this agreement. All requests
concerning this agreement shall be directed to the City Representative.
8. Independent Service provider. The services to be performed by Service Provider
are those of an independent service provider and not of an employee of the City of Fort Collins.
The City shall not be responsible for withholding any portion of Service Provider's
compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or
benefits or for any other purpose.
9. Personal Services. It is understood that the City enters into the Agreement
based on the special abilities of the Service Provider and that this Agreement shall be
considered as an agreement for personal services. Accordingly, the Service Provider shall
neither assign any responsibilities nor delegate any duties arising under the Agreement without
the prior written consent of the City.
10. Acceptance Not Waiver. The City's approval or acceptance of, or payment for
any of the services shall not be construed to operate as a waiver of any rights or benefits
provided to the City under this Agreement or cause of action arising out of performance of this
Agreement.
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11. Warranty.
(a) Service Provider warrants that all work performed hereunder shall be
performed with the highest degree of competence and care in accordance
with accepted standards for work of a similar nature.
(b) Unless otherwise provided in the Agreement, all materials and equipment
incorporated into any work shall be new and, where not specified, of the
most suitable grade of their respective kinds for their intended use, and all
workmanship shall be acceptable to City.
(c) Service Provider warrants all equipment, materials, labor and other work,
provided under this Agreement, except City -furnished materials,
equipment and labor, against defects and nonconformances in design,
materials and workmanship/workwomanship for a period beginning with
the start of the work and ending twelve (12) months from and after final
acceptance under the Agreement, regardless whether the same were
furnished or performed by Service Provider or by any of its subcontractors
of any tier. Upon receipt of written notice from City of any such defect or
nonconformances, the affected item or part thereof shall be redesigned,
repaired or replaced by Service Provider in a manner and at a time
acceptable to City.
12. Default. Each and every term and condition hereof shall be deemed to be a
material element of this Agreement. In the event either party should fail or refuse to perform
according to the terms of this agreement, such party may be declared in default thereof.
13. Remedies. In the event a party has been declared in default, such defaulting
party shall be allowed a period of ten (10) days within which to cure said default. In the event
the default remains uncorrected, the party declaring default may elect to (a) terminate the
Agreement and seek damages; (b) treat the Agreement as continuing and require specific
performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party shall be
liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and
costs incurred because of the default.
14. Binding Effect. This writing, together with the exhibits hereto, constitutes the
entire agreement between the parties and shall be binding upon said parties, their officers,
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employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
15. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save
harmless the City, its officers, agents and employees against and from any and all actions,
suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to
or death of any person or persons, or damages to property arising out of, result from or
occurring in connection with the performance of any service hereunder.
b. The Service Provider shall take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service
Provider shall provide and maintain insurance coverage naming the City as an additional
insured under this Agreement of the type and with the limits specified within Exhibit _,
consisting of (_) pages[s], attached hereto and incorporated herein by this reference.
The Service Provider before commencing services hereunder, shall deliver to the City's Director
of Purchasing and Risk Management, P. O. Box 580 Fort Collins, Colorado 80522 one copy of
a certificate evidencing the insurance coverage required from an insurance company acceptable
to the City.
16. Entire Agreement. This Agreement, along with all Exhibits and other documents
incorporated herein, shall constitute the entire Agreement of the parties. Covenants or
representations not contained in this Agreement shall not be binding on the parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
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18. Special Provisions. [Optional] Special provisions or conditions relating to the
services to be performed pursuant to this Agreement are set forth in Exhibit _, consisting of
(_) page[s], attached hereto and incorporated herein by this reference.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
John F. Fischbach
City Manager
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing and Risk Management
[Insert Corporation's name] or
[Insert Partnership name] or
[Insert individual's name]
Doing business as _[insert name of business]
By:
PRINT NAME
CORPORATE PRESIDENT OR VICE PRESIDENT
Date:
ATTEST: (Corporate Seal)
CORPORATE SECRETARY
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EXHIBIT B
INSURANCE REQUIREMENTS
The Service Provider will provide, from insurance companies acceptable to the City, the insurance
coverage designated hereinafter and pay all costs. Before commencing work under this bid, the
Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of
operations covered, effective dates and date of expiration of policies, and containing substantially the
following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten
(10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take
out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper
and may deduct the cost of such insurance from any monies which may be due or become due the
Service Provider under this Agreement. The City, its officers, agents and employees shall be named as
additional insureds on the Service Provider's general liability and automobile liability insurance policies
for any claims arising out of work performed under this Agreement.
Insurance coverages shall be as follows
A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the
life of this Agreement for all of the Service Provider's employees engaged in work performed
under this agreement:
1. Workers' Compensation insurance with statutory limits as required by Colorado law
2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease
aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of
this Agreement such commercial general liability and automobile liability insurance as will
provide coverage for damage claims of personal injury, including accidental death, as well as for
claims for property damage, which may arise directly or indirectly from the performance of work
under this Agreement. Coverage for property damage shall be on a "broad form" basis. The
amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than
$500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall be responsible
for any liability directly or indirectly arising out of the work performed under this Agreement by a
subcontractor, which liability is not covered by the subcontractor's insurance.
SA 10/01
REQUEST FOR PROPOSAL
CITY OF FORT COLLINS
PROGRAMMING FOR CABLE 27
Proposal Number P-834
The City of Fort Collins is seeking proposals from firms to provide additional video
programming/content for the City of Fort Collins Cable 27, which will ultimately increase
viewership among various audiences. The programs should address diverse topics of interest to
Fort Collins citizens, must be in accordance with the Guidelines for Programming and
Operational Procedures for City Cable 27 (Attachment A) and should be produced at low or no
cost to the City.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215
North Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before
3:00 p.m. (our clock), May 3, 2002. Proposal No. P-834. If delivered, they are to be sent to 215
North Mason Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box
580, Fort Collins, 80522-0580.
Questions concerning the scope of the project should be directed to Project Manager, Kelly
DiMartino, 970 416-2028.
Questions regarding proposals submittal or process should be directed to James B. O'Neill ll,
CPPO, FNIGP, Director of Purchasing and Risk Management, 970 221-6775.
A copy of the Proposal may be obtained as follows:
Call the Purchasing Fax -line, 970-416-2033 and follow the verbal instruction to
request document #30834.
2. Download the Proposal/Bid from the Purchasing Webpage,
www.fcqov.com/purchasing.
3. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and
request a copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have
a financial interest in the sale to the City of any real or personal property, equipment, material,
supplies or services where such officer or employee exercises directly or indirectly any decision -
making authority concerning such sale or any supervisory authority over the services to be
rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift,
gratuity favor, entertainment, kickback or any items of monetary value from any person who has
or is seeking to do business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures
that such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
Jam B. O'Neill II, CPPO, FNIGP
Di ctor of Purchasing &Risk Management
z
Purpose:
The project's purpose is to provide additional video programming/content for the City of Fort
Collins Cable 27, which will ultimately increase viewership among various audiences. The
programs should address diverse topics of interest to Fort Collins citizens, must be in
accordance with the Guidelines for Programming and Operational Procedures for City Cable 27
(Attachment A) and should be produced at low or no cost to the City.
Qualified vendors are invited to submit proposals to complete the project outlined below.
Respondents should specify the estimated time and resources required to complete the
following project.
Project:
The vendor's responsibilities are as follows:
• Develop proposal for show format and topics
• Establish funding sources — may include soliciting underwriters and developing/selling
sponsorship packages
• Provide equipment and staff to produce the program
• Develop timelines
• Coordinate a marketing campaign to create viewership for the program
• Evaluate program effectiveness
The City would contribute the following in -kind resources and assistance:
• Assign a staff person to assist with non -technical aspects of production
• Work jointly with vendor to determine topics of interest to the Fort Collins community
• Work jointly with vendor to create and implement marketing campaign for the new
program(s)
• Provide counsel to ensure that sponsorship packages and program subject matter are in
compliance with Guidelines for Programming and Operational Procedures for City Cable 27
The project would begin upon completion of a signed agreement and be renewable annually for
up to five (5) years, as long as vendor could obtain sponsorship and funding.
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PROPOSAL GUIDELINES
Qualified firms interested in the work described in this request should submit a minimum of the
following information to the City:
Describe your approach to working on this project.
General Information.
Name of firm
Contact person for this proposal, title
Phone number and fax number
Street and mailing addresses
Any previous names of firm in last 10 years
Date firm established
2. Key project staffing.
Names and resumes of key project staff, including proposed project manager.
3. Project experience.
Provide brief summary of similar Production type project work performed b the
firm in the last 5 years. Highlight any participation by key staff proposed for this
project.
4. Insurance company.
Provide the name, address and phone number of the firm's insurance agent(s).
Provide certificate of insurance outlining coverage and policy limits. Can this
converge be extended for work on this project? Can coverage be increased?
Can City be listed as an additional insured? Are there any current claims that will
affect coverage limits available to the city for this project?
Review and Assessment:
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session. The City reserves the right to select a
firm without interviewing.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating and 5
being an outstanding rating.
Weighing
Qualification
Standard
Factor
2
Scope of
Does the proposal show an understanding of the
Proposal
project objective and results that are desired?
2
Assigned
Do the persons who will be working on the
Personnel
project have the necessary skills?
1
Availability
Can the work be completed in the necessary
time? Can the target completion date be met?
Are other qualified personnel available to assist
in meeting the project schedule?
1
Motivation
Is the firm interested and enthusiastic?
2
Cost & Work
Does the firm's proposal compare to Cable 27's
Hours
estimate? Are the work hours reasonable?
2
Firm Capability
Has the firm done previous projects of this
type/scope? Does the firm have the support
ca abilities re uired?
I he top ranked firm will be evaluated by asking references the following standards:
Qualification
Standard
Overall
Would you hire this Professional again? Did they show the skills
Performance
required of theproject?
Timetable
Was the original Scope of Work completed within the specified
time? Were deadlines met in a timely manner?
Completeness
Was the Professional responsive to client needs; did the
Professional anticipate problems? Were problems solved quickly
and effectively?
Budget
Was the original Scope of Work completed within the project
budget?
ATTACHMENT A
The municipal access channel shall operate on AT&T Broadband HC of Delaware, LLC dba
AT&T Broadband of Fort Collins (or its successor) Channel 27 (known as "City Cable 27"). It
shall be the goal of the City to have some form of programming available on City Cable 27
twenty-four (24) hours a day. Such programming shall include, without limitation, live and taped
programming and a character -generated bulletin board.
OBJECTIVES
The primary purpose of City Cable 27 is to provide the citizens of Fort Collins with essential
information pertaining directly to City and other governmental services. Programming for City
Cable 27 will, therefore, be produced to provide, without limitation, the following services:
• Inform community residents about programs and public services provided by the City
and other governmental entities.
• Explain the opportunities for citizen participation in City and other governmental
programs and services.
• Provide an outlet for discussions, from a municipal viewpoint, of issues that bear
upon the Fort Collins community; of county, state and federal policies; and of local
and regional economic conditions and community demographics.
• Inform residents about topics and events of general interest to the Fort Collins
community.
• Provide information on public health, safety and welfare issues.
CITY'S AUTHORITY
The municipal cable channel, facilities, and programming operate under the jurisdiction of the
City.
RESPONSIBILITIES
The City's Television Services Committee shall periodically review these guidelines
and the operations of City Cable 27, and if appropriate, make recommendations to
the City Manager for modifications.
• The Television Services Committee shall review proposals for programming on City
Cable 27 in accordance with these guidelines and operational procedures.
• The Television Services Committee shall be composed of City staff members
designated by the City Manager. The Program Director for City Cable 27 shall be the
public liaison for the Television Services Committee.
SA 10/01
CITY CABLE 27 PROGRAMMING GUIDELINES
• City Cable 27 shall be for the sole use of the City and other authorized governmental
entities to provide programming on City Cable 27 consistent with this Policy.
Other governmental entities may apply for the use of City Cable 27 and permission
may be granted if the proposed programming is consistent with this Policy and if
channel time and resources are available.
City Cable 27 may accept and consider suggestions for programming ideas that
have been submitted to the Television Services Committee from a source outside the
City organization. The suggested programming shall conform to the following
criteria:
• It shall be consistent with this document, "Guidelines for Programming and
Operational Procedures for City Cable 27"
• It shall be consistent with City of Fort Collins objectives and policies;
• It shall be of compelling and general interest to the Fort Collins community.
Given the availability of resources and staff time, and provided that the suggested
programming is consistent with the above criteria, then the Television Services
Committee may consider producing the program, with or without the participation of
the individual or organization proposing the program.
City Cable 27 shall not be used to present any promotional material concerning any
commercial products or services presented for the purpose of any solicitation of
funds or other things of value. This does not, however, prevent the City from seeking
sponsors to offset the production costs associated with its City Cable 27
programming. Such sponsors may be acknowledged both before and after the
sponsored program is aired.
City Cable 27 shall not be used for the presentation of any information concerning
any lottery, gift enterprise or similar promotion offering prizes based upon lot or
chance.
• City Cable 27 shall not be used for the presentation of any material which constitutes
obscenity, libel, slander, invasion of privacy, violation of trademark, or copyright, or
which might violate any local, state or federal law, including Federal Communications
Commission regulations.
ELECTION PROGRAMMING GUIDELINES
City Cable 27 shall not be used to urge electors to vote in favor of or against any
political candidate or measure on a Federal, State or local ballot, except as otherwise
permitted by law.
• City Cable 27 may choose to produce one or more election -related forums regarding
local municipal elections or other election matters considered by the City to be of
interest to the citizens of Fort Collins.
Where multiple candidates will appear on the ballot for elective positions, the forum
may allow the presentation of individual statements by the candidates, and in such
SA 10/01
event shall provide an equal opportunity for each candidate for any particular office
to offer individual statements. Alternatively, the forum may consist of a moderated
question and answer format, or some other method, but in any event will be
designed to provide a fair opportunity for competing candidates to speak or respond
to questions.
Forum events related to ballot issues or other non -candidate election matters shall
be structured and conducted so as to provide a fair opportunity for presentation of
major competing perspectives on the subject issue.
USE OF CITY VIDEO EQUIPMENT
Use of City video production equipment shall be restricted to City Cable 27 activities authorized
by this Policy and shall only be used by authorized City employees and/or volunteers. Loaning
or rental of said equipment for personal or outside private use by City employees and/or
volunteers is strictly prohibited.
PROGRAM SOURCES
Programming for City Cable 27 shall, without limitation, come from the following sources:
Live Coverage of Public Meetings - Live coverage of public meetings will be
provided. This will consist of cablecasts of City Council meetings and other public
meetings and events of community interest. Except as otherwise permitted by law,
cablecasts of public meetings shall not be edited. In addition, such cablecasts shall
not be subject to contemporaneous editorial comment on City Cable 27. Meeting
coverage shall be from gavel to gavel. Insertion of alphanumeric information and
visual aids pertaining directly to meeting agenda and identification of participants is
allowed. It shall be the general policy to retain tapes of public meetings for a period
of two (2) years. At the end of that time the tapes will be erased and re -used. Any
request for longer retention of tapes must be made in writing, prior to the end of the
two (2) year period.
• Tape Delay Cablecasting - Some public meetings, city functions, and special events
will be taped for subsequent cablecast.
• Program Replays - Taped programming of any type may be replayed at various
times.
• Character Generated Programming - The primary source of information for the City
Cable 27 character -generated bulletin board shall be City departments and other
governmental entities and the information shall relate to their activities and services.
Information from other governmental entities may be included on the bulletin board if
approved by the Television Services Committee.
• City Produced Programming - Programs will be produced by the municipal cable
staff on topics consistent with this policy. Any department of the City or other
governmental entity may submit requests for programming development. Municipal
cable staff may also produce programming for other governmental entities as
authorized by this Policy or intergovernmental agreement.
SA 10/01