HomeMy WebLinkAboutAGENDA REPORT 2008 0507 CC REG ITEM 10Q UEM • Q '
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MOORPARK CITY COUNCIL
AGENDA REPORT —� — — ��--
TO: Honorable City Council
FROM: John Brand, Senior Management Analys +
DATE: April 30, 2008 (CC Meeting of 05/07/2008)
SUBJECT: Consider Issuance of Request for Proposals for Professional
Services to Provide Video Production, Operations and Maintenance
Services for the City Government Access Channel MPTV 10
BACKGROUND
The Council is being asked to approve advertising for competitive proposals for video
production and operations services. The primary function is to produce video recordings
of City meetings and to operate the City's government access channel, known as
"MPTV 10." The incumbent service provider, Videomax Productions, Inc. has been
providing the City with video production and operations services since about 1991. In
subsequent years, Videomax's Agreement was renewed periodically without
competitive bidding. The current two-year agreement for video production services
expires on June 30, 2008. Under the current agreement, Videomax is guaranteed
$2,504.00 each month to record a maximum of eight meetings per month, minor
maintenance, and liaison with the City. As-needed services such as troubleshooting and
repair, and Bulletin Board Services programming are billed at the rate of $31.50 per
hour. Over the past three years, payments averaged $39,600 per year and are
projected to be similar in the current Fiscal Year.
DISCUSSION
Historically, the City has issued a single contract that included operations, maintenance,
system servicing and repair. The City's current video production equipment and
telecasting facility was designed, built, and configured by the incumbent vendor. This
time staff recommends separating operations from repair and higher level technical
support. The experience and skill sets needed to record live City meetings and support
the Bulletin Board Service are quite different than the skills, knowledge, and abilities
necessary to configure or repair video equipment. An analogy might be the difference
between a school bus driver and a diesel engine mechanic. While some individuals or
firms may have both capabilities, it is not necessarily the best approach for the City to
be dependant upon one entity for all of its video-related services. However, nothing
a 90068
Honorable City Council
Meeting of May 7, 2008
Page 2
precludes a firm with sufficient qualifications and experience to compete for both the
video production contract (through the proposed RFQ-RFP) and proposed vendor lists
for technical services such as equipment repair or system design services.
The attached RFQ-RFP was designed to meet the current and anticipated needs of the
City for video production services. The City's existing Informal Bidding Procedures
(MMC §3.08) will be used to establish a vendor list of qualified technical, repair, and
design services on an as-needed basis.
FISCAL IMPACT
It is anticipated that approximately $1,500 in advertising and reproduction fees will be
needed for this task. Funds are available within the current Fiscal Year 2007-2008
budget.
STAFF RECOMMENDATION
Approve advertising for a Statement of Qualifications and Proposal for Video Production
Services, subject to final language approval by the City Manager and City Attorney.
Attachment: RFQ-RFP
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Request For Statement Of Qualifications
And Proposal For
Video Production And Operations Services
For
MPTV 10
MOORPARK GOVERNEMNT ACCESS
TELEVISION
FOR
THE CITY OF MOORPARK
STEVEN KUENY, CITY MANAGER
CITY OF MOORPARK
799 MOORPARK AVENUE
MOORPARK, CA. 93021
805-517-6215
May 2008
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INDEX
PAGE
INTRODUCTION.....................................................................................................1
IICITY'S GOALS........................................................................................................1
III INSTRUCTIONS AND INFORMATION..................................................................1
IV SPECIFICATIONS OF SERVICES.........................................................................4
V PROPOSAL CONTENT & FORMAT......................................................................8
VI PROPOSAL EVALUAITON AND SELECTION ......................................................8
VII GENERAL PROPOSAL TERMS & CONDITIONS .................................................9
VIll PROPOSAL FORM...............................................................................................12
ATTACHMENTS & EXHIBITS
ATTACHMENT 1 Vendor's Affidavit
EXHIBIT A Draft Agreement
EXHIBIT B Insurance Requirements
EXHIBIT C Dispute Resolution Summary
EXHIBIT D Project Deliverables
EXHIBIT E Installed Equipment List
EXHIBIT F Video Flow Diagram
EXHIBIT G Audio Flow Diagram
EXHIBIT H Apricot Room Layout
EXHIBIT I Cost Proposal Form
EXHIBIT J MPTV 10 Programming Matrix
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I. -- INTRODUCTION
The City of Moorpark("the City") is seeking Statements of Qualifications and Proposals from qualified
persons, firms or organizations ("Vendor") for the video production and operation of MPTV 10, the
City's government access television station.
II. -- CITY'S GOALS
The City's primary goals for the MPTV 10 are:
I. To continue the operation of the MPTV 10 for live telecasts of public meetings,
replays of public meetings, and multiple bulletin board services(BBS) message with
graphics.
II. To improve the quality the MPTV 10 productions during a two-year Agreement.
III. Acquire necessary equipment and establish procedures to enable immediate and
easy updating of the City Government Channel from City Hall, Emergency Operations
Center and remote locations, including live emergency telecast capability from City
Hall or the EOC.
III. -- INSTRUCTIONS AND INFORMATION
Notice is hereby given that sealed Proposals will be received in City Hall, 799 Moorpark Avenue,
Moorpark, CA, until 3:00 p.m. on Tuesday, June 10, 2008. Each Proposal must include an original
plus three copies, one electronic PDF copy of the Proposal pages on a CD-ROM, and a work
sample DVD submitted to: City Clerk, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA
93021. Proposal package must be in a sealed envelope and clearly marked: "Proposal to Furnish
Professional Video Production Services" and DO NOT OPEN WITH REGULAR MAIL
Notice of Mandatory Pre-Proposal Meeting:
The City will conduct a mandatory briefing session and job walk for prospective Vendors.
DATE &TIME: Friday, May 23, 2008, 2:00 p.m.
PLACE: City Hall, 799 Moorpark Avenue, Moorpark, CA 93021
Definitions:
The following meanings are attached to the following defined words when used in these
specifications and the attached Professional Services Agreement. The word"City" means the City
of Moorpark, California. The word"Vendor"or"Vendor"or"Contractor"means the person,firm, or
corporation submitting a Proposal on these specifications or any part thereof.
The abbreviation RFP means "Request for Proposal" and refers to this document in whole and
consists of all of the documents contained herein and attached hereto.
The following meanings are attached to the following defined words when used in this RFP and
Professional Services agreement. The word "Professional Services Agreement", "contract",
"purchase order", "blanket purchase order" means the contractual agreement between the Vendor
and the City of Moorpark for the purchase of goods and/or services.
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Proposal Form:
The Proposal must be made in the format specified herein for that purpose, enclosed in a sealed
envelope, and marked "Proposal to Furnish Professional Video Production Services, DO NOT
OPEN WITH REGULAR MAIL" and addressed to the City of Moorpark, City Clerk, 799 Moorpark
Ave. Moorpark CA. 93021. If the Proposal is made by an individual, it must be signed by that
individual, and an address, telephone (and fax number if available) must be given. If made by a
business entity, it must be signed by the person(s)authorized to execute agreements and bind the
entity to purchase orders. A full business address,telephone(and fax number if available) must be
given. No telegraphic, fax or telephonic Proposal will be considered.
Any unauthorized conditions, limitations, or provisos attached to a Proposal will render it informal
and may cause its rejection. Alterations by erasure or interlineations must be explained or noted in
the Proposal over the signature of the Vendor.
Further information on the content of the Statement of Qualifications may be found in Section VIII of
this request.
Reservation:
The City reserves the right to revise or amend these specifications prior to the date set for opening
Proposals(June 10,2008). Revisions and amendments, if any,will be announced by an addendum
to this Proposal. If the revisions require additional time to enable Vendors to respond,the City may
postpone the opening date accordingly. In such case,the addendum will include an announcement
of the new opening date. All addenda must be attached to the Proposal. Failure to attach any
addendum may render the Proposal non-responsive and cause it to be rejected.
The City reserves the right to reject any and all Proposals received, to take all Proposals under
advisement for a period not to exceed ninety (90) days after the date of the opening, to waive any
informality on any Proposal, and to be the sole judge of the relative merits of the material and or
service mentioned in the respective Proposals received. The City reserves the right to reject any
Proposal not accompanied with all data or information required.
This Proposal does not commit the City to award a purchase order or to pay any cost incurred in the
preparation of a Proposal. All responses to this Proposal become the property of the City of
Moorpark. The intent of the descriptions found in this document will govern when any part of the
descriptions, specifications, materials, qualities or methods are not completely described, and
therefore must be construed to be the same as similar parts that are specified as if fully detailed and
set forth in this document.
Aff idavit:
An affidavit form is enclosed. It must be completed signifying that the Proposal is genuine and not
collusive or made in the interest or on behalf of any person not named in the Proposal, that the
Vendor has not directly or indirectly induced or solicited any other Vendor to put in a sham Proposal
or any other person, firm, or corporation to refrain from proposing, and that the Vendor has not in
any manner sought by collusion to secure for itself an advantage over any other Vendor. Any
Proposal submitted without an affidavit or in violation of this requirement will be rejected.
Standards for Evaluation of Proposals:
The City staff will use the following priorities, as well as pricing, in determining which Proposal best
meets the needs of the City. The City will be the sole determiner of suitability to the City's needs.
Proposals will be rated according to their completeness and understanding of the City's needs,
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conformance to the requirements of the specifications, prior experience with comparable Proposals,
delivery, and cost (if applicable based on estimated annual usage).
• Quality of the material (personnel, experience,expertise,equipment,etc.)or services offered.
• The ability, capacity and skill of the Vendor to perform the required duties or provide the
materials and services.
• The capacity of the Vendor to perform or provide the service promptly, within the time
specified, and without delay or interference.
• The ability of the Vendor to produce all required or requested services to the complete
satisfaction of the City in a timely manner.
• The ability of the Vendor to provide future diagnostics, maintenance, or repair services as
may be required.
• The City will have absolute discretion in determining the applicability and weight or relative
weight of some or all of the criteria listed above.
Partial Proposal:
Vendors may submit a Proposal on all or any part of these requirements. However, the City may
award one or more purchase orders for these items to the lowest responsible Vendor of each item or
groups of like items. The City may award to one Vendor if doing so is in the best interest of the City.
Firm Price:
Prices for the services specified are to remain firm for the term of the agreement.The City reserves
the right to reject any or all Proposals with pricing of less than two years.
Errors and Omissions:
The Vendor will not be allowed to take advantage of any errors and/or omissions in these
specifications or in the Vendor's specifications submitted with its Proposal. Full instruction will
always be given when errors or omissions are discovered.
Vendors Examination of Requirements:
The Vendor is required to examine carefully the site,the instructions, information and specifications
of this document, investigate the conditions to be encountered, the character, and the quality and
quantities of work to be performed as required by this document. Submission of a proposal will be
considered prima facie evidence that the Vendor has made such examination.
The Professional Services Agreement:
The Vendor to whom the award is made will be required to enter into a written Professional Services
Agreement with the City of Moorpark. By reference, a copy of the notice inviting Proposals, these
specifications and the terms and conditions,will be part of the agreement. All materials or services
supplied by the Vendor will conform to the applicable requirements of the City Ordinances,and State
or Federal Law covering Labor and Wages, as well as conforming to the specifications contained
herein. In case of default by the Vendor, the City reserves the right to procure the articles or
services from other sources and to hold the Vendor responsible for any excess cost incurred by the
City hereby.
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All prospective VENDORS are advised to review the terms and conditions contained herein and in
the draft agreement (Exhibit "A"). Any exceptions or alternatives to the requirements, terms, or
conditions in this RFQ_RFP or the draft Agreement(Exhibit"A") must be identified by the VENDOR
in the PROPSAL.
Payment Schedule:
See Draft Agreement (Exhibit "A") and Cost Proposal Form (Exhibit "I").
Patent Rights:
The VENDOR agrees to save, keep, hold harmless, defend and fully indemnify the City and any of
its officers or agency from all damages, costs, or expenses in law or equity that may at any time
arise or to be set up for any infringement of the patent rights of any person or persons in
consequence of the use by the City, or by any of its officers or agent, or articles supplied under this
contract any of which the Vendor is not the patentee or assignee, or which the Vendor is not lawfully
entitled to sell.
Contract Extension to Other Cities/Agencies:
Other Cities/Agencies may be interested in purchasing against an awarded contract, subject to the
same price, terms and conditions offered to the City of Moorpark. The City of Moorpark does not
warrant any additional use of the contract by such agencies. Other agencies utilizing the contract
will place orders with, and make payments directly to, the successful Vendor.
Notice:
Whenever it will be necessary for either parry to serve notice on the other respecting the Agreement,
such notice will be served by personal delivery or by certified mail to the following addresses, unless
and until different addresses may be furnished in writing by either party or the other,and such notice
will be deemed to have been served within seventy-two (72) hours after the same has been
deposited in a United States Post Office by certified mail or has been delivered personally, and will
be valid and sufficient service of notice for all purposes:
CITY: City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
VENDOR: <Will be determined upon award of contract>
IV-- SPECIFICATION OF SERVICES
The Cable TV Channel and Current Content:
The City of Moorpark's Cable TV Channel 10 ("MPTV 10") is currently on the Moorpark Time
Warner Cable TV system. Current programming consists of multiple bulletin board graphics
messages and "live" City Council meetings, Planning Commission meetings, Parks & Recreation
Commission meetings, Arts Commission meetings, and Teen Council meetings. All meetings are
also programmed to be replayed using an automated playback system (see attached Exhibit E
"Installed Equipment List", and Exhibit F "Video Flow Diagram" and Exhibit G "Audio Flow
Diagram"). Currently there is little or no local origination or in-house produced programming beyond
the abovementioned civic meetings.
Primary Video Production Facilities and Equipment:
Most of the production facility's infrastructure used for both "live" televised meetings and
programmed playback are contained within the Video Control Room which is immediately adjacent
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to and within the perimeter walls of the City Council Chambers or Apricot Room (see attached
Exhibit H "Apricot Room Layout"). The two main systems in the Video Control Room are the
Production Control System and the Automated Playback System
Production Control System:
The primary video equipment deployed in the Production Control System for "live" production
recordings and required for operation consists of:
• (4) ceiling-mounted, remote robotic-controlled video cameras
• Multiple Keno Flow Soft Bank lighting instruments and dimmers
• a Ross digital video switcher
• a Leitch Video Router
• an Inscriber Character Generator
• a Nexus Server for recording
• (2) Pioneer PRV-LX1 DVD Recorders
• (2) SVHS Recorder/Players
• a NEC NP 2150 digital video projector
• and various other video support equipment
The primary audio equipment for live production includes:
• over 20 microphone/line inputs feeding
• a TAO Automatic Microphone-Mixing system,
• a feedback suppressor
• Crown Amplifiers
• a Mackie Mixer (for sub-mixing to record)
• and a Leitch Audio Router (linked with video router)
Please see attached Exhibit E"Installed Equipment List", and Exhibit F"Video Flow Diagram" and
Exhibit G "Audio Flow Diagram" for a complete list of equipment installed in the Video Production
Facilities.
Automated Playback System:
The primary video and audio equipment used in the Automated Playback System consists of:
• the Leightronix Nexus Server/Playback system
• an Infocaster Automated Graphic Playback system
Scope of Services: The successful bidder (Vendor) will furnish the labor requirements for all
televised meetings and the necessary personnel for programming the 24 hour playback of MPTV 10.
It is estimated that at least 2 crew members will be required for each "live" televised meeting.
The successful Vendor will provide the following services on a monthly basis(or more frequently as
indicated):
• Video production and related support of all City public meetings as designated by the CITY,
using at least (2) crewmembers at each meeting.
Typical Meeting Schedule:
Park and Rec. Commission, 1st Monday, 7 p.m.
Teen Council, 1 st Tuesday, 5 p.m.
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Moorpark City Council, 1st and 3rd Wednesdays, 7 p.m.
Arts Commission, 3rd Tuesday (Quarterly), 7 p.m.
Planning Commission, 4th Tuesday, 7 p.m.
In any given year there are a number of Special Meetings that must be recorded and telecast,
as well as a number of Regular Meetings that may be cancelled.Vendor normally receives at
least 24-hour notice of meeting schedule changes.
• Automated playback programming and related duties of all public meetings and/or events as
required and directed by the City.
• General setup, configuration and testing of the equipment prior to each meeting
• Periodic maintenance and general cleaning and upkeep of all video production facilities(see
"Periodic Maintenance" below)
• Creating, maintaining and updating of Bulletin Board System (BBS) content messages and
graphic pages as requested by the City. Typically there are three to ten minutes of slide
messages(25—75 slides) in rotation at any given time,with an average replacement rate of
about 15% of content per week. Averaging 5 - 10 slides per week.
• Cleaning and inspection of all robotic cameras and related systems in the Apricot Room
(Council Chambers).
• Basic system engineering to maintain quality signals throughout the system including color
balance, phase adjustment and timing of signals through all signal paths
• Maintenance of microphones, related cabling and replacement of faulty connectors as
necessary
• Programming and configuration of all video levels of recording and processing devices for
optimum performance
• Adjust signal levels of all audio processing, mixing and recording devices for optimum
performance
• Liaison with necessary cable companies to maintain maximum on-air signal quality
• Technical consulting as necessary to inform or report on any functionality or technology that
may improve the workflow and efficiency of maintaining and operating the City of Moorpark's
Production Facilities.
• Telephone consultation with City staff concerning on-going replacement of necessary
supplies, any public meeting's technical operation issues or potential problems that may
arise before, during or after the public meetings.
• Interface with City staff and report on all matters related to the operation and maintenance of
the video production facilities.
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• Manage and make recommendations regarding inventory of supplies, including consumables
(blank DVDs, etc.), as well as minor durable goods (foam microphone windscreens,
replacement bulbs, etc.)
• Minor replacement and installation of ancillary devices such as malfunctioning microphones,
microphone cabling, light bulbs, light fixtures, etc.
• Managing telecast scheduling for MPTV 10, including meeting re-broadcasts.
Periodic Maintenance:
Periodic Maintenance is defined as regular setup, configuration, adjustment and programming of
necessary equipment in support of the meetings and are to be construed as"user-level"operations.
Any major changes to the video production system or sub-systems are not considered "periodic
maintenance"and are beyond the scope of services as set forth in the"Scope of Services"section.
No cabling, wiring or re-wiring of equipment or integration changes to the overall configuration or
functionality of any equipment within the Video Production Facilities shall be done without prior
written consent by the City.
As Needed Services:
Upon request the City may require additional services on an as-needed basis that are beyond the
scope of services specified herein. Services such as major system configuration changes,additions
of major devices or components, or depot services are considered "As-Needed Services".
Extended Maintenance Services:
Services for diagnosing, repairing and returning the system to normal operation are considered
"Extended Maintenance Services". The vendor will provide a cost to diagnose, repair and perform
extended service maintenance to the Video Production Facilities beyond the basic requirements as
set forth in the "Scope of Services" section herein.
When called upon at anytime during the contract agreement period the vendor will agree to charge
the City the agreed upon fees for these additional services as submitted on the attached Exhibit I
"Cost Proposal Form".
Terms and Conditions
Conduct and Relationship with City:
The City of Moorpark expects the full cooperation and support of the successful vendor in the
performance and execution of the services as specified. The City has sole discretion over what it
deems to be satisfactory performance and in the best interest of the City.
The City's intent is to provide all of the necessary equipment technologies and tools to provide
quality television production recordings. All equipment to be utilized as a part of the Video
Production Facilities is the sole property of the City of Moorpark.With prior consent from the Citythe
vendor may make use of or operate their own equipment in the performance of services set forth in
this RFP when to do so is in the best interests of the City.
Acceptance:
Submission of a response to this Proposal will constitute acknowledgment and acceptance that the
primary goals of this RFP as set forth in the"Scope of Services"section will be met and fully agreed
upon by the successful vendor.
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Duration of Services:
The successful Vendor's services will continue under a probationary period of 3 months,after which
a successful evaluation and assessment of the Vendors performance as qualified by the agreement
will be conducted. Upon approval the duration of service will continue for an additional 21 months
and/or until a further evaluation of the Vendors performance can be approved.
Staff Reassignments:
The City must approve any changes in the production personnel's individual assignments or their
levels of involvement with the facilities including but not limited to senior crew positions and their
supervisors.
V -- PROPOSAL CONTENT/FORMAT
Statement of Qualifications Content
The Statement of Qualifications (Under Section VIII "Proposal Form") must be completely filled out
and contain the following information:
1. Name and address of person, firm or corporation submitting the proposal.
2. Primary contact person for your firm, and the person(s)who would be responsible for scope
of services described herein, and professional resumes of key executive staff and operations
staff.
3. Experience of the person, firm or corporation in providing requested scope of services,
specifically referencing the operation of similar MPTV 10s, performing arts centers,
management of personnel both contract and directly employed,management of concessions
or concessionaires, knowledge of MPTV 10 equipment
4. A listing of references that the proposing party believes would further support their
qualifications for selection.
VI. -- PROPOSAL EVALUATION AND SELECTION
All proposals properly received before the aforementioned date and time will be evaluated by the
MPTV 10 Ad Hoc Committee and staff. The proposals will be ranked and an interview will be
scheduled with the Vendor. The Vendor selected as the most qualified to provide the requested
services will be invited to negotiate an Agreement based on the City's Standard Agreement,which is
attached. If an agreement is not reached, negotiations may be terminated and commenced with the
next most qualified Vendor.The City reserves the right to conduct additional interviews as necessary
The City reserves the right to negotiate the specific requirements and costs using the selected
proposal as a basis. The City reserves the right to reject any or all proposals at its sole discretion.
The City is not liable for any costs incurred by the submitting parties or their Vendors in preparing the
proposal.
VII. -- GENERAL PROPOSAL TERMS AND CONDITIONS
Aareement Reauirement-The selected Vendor shall execute a written Agreement with the City within
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ten (10)calendar days after notice of selection has been provided to the Vendor at the address given
in the proposal.The Agreement shall be made in the form adopted by the City.The Vendor warrants
that he/she/it possesses,or has arranged through subcontracts,other equipment, labor and materials
necessary to carry out and complete the scope of services hereunder in compliance with all
applicable federal, state, county, and City laws, ordinances, statutes and regulations.
Agreement Assignment-The Vendor shall not assign, transfer, convey or otherwise dispose of the
Agreement, or its right, title or interest, or its power to execute such an Agreement,to any individual
or business entity of any kind without prior written consent of the City.
Non-Discrimination- In the performance of the terms of the Agreement,the Vendor agrees that it will
not engage in, nor permit such concessionaires or subcontractors as it may employ to engage in,
discrimination in employment of persons because of age, race, color,sex, national origin or ancestry,
or religion of such person(s).
Communications Regarding RFQ& RFP- If there is doubt as to the meaning or intent of any part of
this RFQ-RFP,or if discrepancies or omissions in the RFQ-RFP are discovered,a written request for
an interpretation or correction thereof may be submitted to John Brand,Senior Management Analyst,
City of Moorpark. Interpretation or correction of the Request for Qualifications shall be made only by
addendum duly issued by the City. A copy of any such addendum will be mailed or delivered to each
person receiving the RFQ-RFP, and such addendum shall be considered a part of the RFQ-RFP and
shall be incorporated therein. All timely requests for information submitted in writing will receive a
written response from the City.
Modification or Withdrawal of Submittals-Any proposal received prior to the date and time specified
for receipt of proposals may be withdrawn or modified by written request of the proposing party. To
be considered, however, the modified proposal must be received by the time and date originally
specified.
Property Rights- Proposals received within the prescribed deadline become the property of the City
and all rights to the contents therein become those of the City.
Confidentiality - Prior to selection of a Vendor, all proposals will be designated confidential to the
extent permitted by the California Public Records Act. After selection and award of the operating
contract, or if not awarded, after rejection of all proposals, all responses will be regarded as public
records and will be subject to review by the public. Any language purported to render confidential all
or portions of the proposals will be regarded as non-effective and will be disregarded.
Amendments to Request for Qualifications - The City reserves the right to amend the Request for
Qualifications/Proposals by addendum prior to the final proposal submittal date.
Non-Exclusive Contract-The City reserves the right to contract with other firms or individuals during
the License term or to issue multiple contracts for individual aspects of the project as may deemed in
the best interests of the City.
Insurance -The Vendor shall meet the following provisions and as further specified in Exhibit"B"to
insurance coverages.
1. General Conditions-Without limiting the Vendor's indemnification of the City,Vendor
shall provide and maintain at its own expense, the insurance listed herein and as
further specified in Exhibit"B" covering its operations
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2. Worker's Compensation - The Vendor shall procure and maintain, during the life of the
Agreement contract,workers' compensation insurance as specified herein and in Exhibit"B".
3. Failure to Procure Insurance- The Vendor's failure to procure or maintain the required
insurance shall constitute a material breach of contract under which the City may immediately
terminate the Agreement or,at its discretion, procure or renew such insurance to protect the
City's interests. Should the City, in its sole discretion, be required to pay any and all
premiums in connection with the exercise of this clause, the City shall recover all monies so
paid from the Vendor, or deduct all monies so paid from payment(s) due to the Vendor.
4. Underlying Insurance - The Vendor shall be responsible for requiring indemnification and
insurance from its employees receiving mileage allowance, Vendors, agents, and
subcontractors, if any, to protect the Vendor's and the City's interests, and for ensuring that
such persons comply with any applicable insurance statutes.
5. Evidence of Coverage- Evidence of coverage herein and as further specified in Exhibit"B",
having as a minimum the limits shown, must be submitted and approved prior to
commencement of work or any tenancy.
Non-Commitment of City - This Request for Qualifications/Proposals does not commit the City to
award a contract, to pay any costs incurred in the preparation of a proposal responding to this
request, or to procure or contract for services.The City reserves the right to accept or reject any or all
proposals received as a result of this request, to negotiate with any qualified firm, or to modify or
cancel in part or in its entirety the Request for Qualifications/Proposal, if it is in the best interest of the
City to do so.
Public Domain - All products used or developed in the execution of any contract resulting from this
Request for Qualifications/Proposal will remain in the public domain at the completion of the contract.
Conflict Of Interest- Neither Vendor nor any employees,agents,or subcontractors of Vendor who will
be assigned to this project, to the best of Vendor's knowledge, own any property or interest in
properties, business relationships, or sources of income which may be affected by the performance
of this Contract. Should either party hereto learn of any such interest, income source, or business
relationship, such fact shall immediately be brought to the attention of the other party hereto. If the
parties thereupon cannot mutually agree upon a means to eliminate the conflict City may terminate
the agreement immediately. (See Exhibit A Section 7).
Conflict of Interest Disclosure- In accordance with California Government Code,the Vendor awarded
an Agreement contract may be required to file a Conflict of Interest Statement, Form 700. If such a
requirement is made, the filing must be no later than thirty (30) days after the execution of the
Agreement, annually thereafter prior to April 1 st of each year for the duration of the contract, and
within thirty(30)days of termination of the contract. Failure to file any required statements will result
in withholding payment for services rendered.
Waiver of Conflict of Interest Disclosure - The City Manager may determine in writing that the
Vendor, is hired to perform a range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements of the City's Conflict of Interest policy. Such written
determination shall include a description of the Vendor's duties and, based upon that description, a
statement of the extent of disclosure requirements.
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Inspections-City/Agency reserves the right to inspect the premises being operated under this RFQ-
RFP and any subsequent Agreement at any time.
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VIII -- PROPOSAL FORM
Statement of Qualifications
FAILURE TO COMPLETE ALL ITEMS IN THIS SECTION MAY INVALIDATE PROPOSAL.
In accordance with your "Invitation to Proposal", the following Proposal is submitted to the City of
Moorpark.
Proposal Submitted By:
Name of Company Website
Address
City/State/Zip Code
Printed Name/Title
Telephone Number/Fax Number
Form of Business Organization:
Please indicate the following (check one);
Corporation Partnership Sole Proprietorship
Other:
Business History:
How long have you been in business under your current name and form of business organization?
Years
If less than three(3)years and your company was in business under a different name,what was that
name?
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Contact for Additional Information:
Please provide the name of the individual at your company to contact for any additional information
Name
Title
Telephone Number/Fax Number
Addenda Received:
Please indicate addenda information you have received regarding this Proposal:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
Addendum No. Date Received:
No Addenda received regarding this Proposal.
Payment Terms: The City of Moorpark Payment terms are Net 30.
Do you offer any discounted invoice terms?
Vendor's Information:
Contractor's License Number: Expiration date:
Subcontractor's Information:
If subcontractors will be used in the performance of this project, please provide the following
information for each subcontractor:
1. Company Name:
Address:
Contractor's License Number: Expiration date:
2. Company Name:
Address:
Contractor's License Number: Expiration date:
Delivery of Services:
What is the lead-time for services to begin from the time of the Purchase Order?
Days/weeks (circle one)
References:
Please supply the names of companies/agencies for which you recently supplied comparable goods
and services as requested in this proposal.
Name of Company/Agency Address Person to contact/Telephone No.
Name of Company/Agency Address Person to contact/Telephone No.
Name of Company/Agency Address Person to contact/Telephone No.
Contract Extension to Other Cities/Agencies:
Please state, if requested by the City, if your company would agree to extend the same price,terms
and conditions to other Cities/Agencies.
Yes We would agree to extend the same price, terms and conditions.
No We would not agree to extend the same price, terms and conditions.
Maintenance/Warranty Service Information:
A. Location:
How many miles is your company's business office located from the requested delivery address?
miles (799 Moorpark Avenue, Moorpark CA 93021.)
Additional Proposal Information:
A. Executive Summary:
Proposals shall include an Executive Summary or opening statement providing an overview of the
vendors understanding of the project, the responsibilities of the Vendor as set forth herein,and the
approach your firm would take if your proposal is accepted.
B. Project Team:
Describe your firm's background,qualifications, and ability to perform the services required. Provide
a list of the personnel proposed to be employed on the project, their relationship to it and your firm,
and their qualifications and experience to effective manage the scope of services.Attach resumes of
J(i 085
- 14 -
all personnel.
C. Relevant Experience
Provide a detailed summary of the relevant experience of the firm with emphasis placed on those
areas and qualifications showing the capability to effectively develop and manage the scope of
services.
D. Workload
Provide a detailed outline of the firm's current workload and ability to provide timely services.
E. Work Samples
Submit one(1) DVD or VHS videotape of work samples. Must be work product from members of the
proposed project team.
F. Additional Information
Submit any additional information or recommendations supporting the proposal.
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ATTACHMENT 1
VENDOR'S AFFIDAVIT
STATE OF CALIFORNIA
COUNTY OF VENTURA
being first duly sworn, deposes and says:
1. That he/she is the of
(Title of Office) (Name of Company)
hereinafter called Vendor", who has submitted to the City of Moorpark a Proposal for
(Title of PROPOSAL)
2. That the Proposal is genuine; that the same is not sham; that all statements of fact in the
Proposal are true;
3. That the Proposal was not made in the interest or behalf of any person, partnership, company,
association, organization or corporation not named or disclosed;
4. That the Vendor did not, directly or indirectly, induce solicitor agree with anyone else to submit a
false or sham Proposal, to refrain from proposing, or to withdraw his Proposal, to raise or fix the
Proposal price of the Vendor or of anyone else, or to raise or fix any overhead, profit or cost element
of the Vendor's price or the price of anyone else; and did not attempt to induce action prejudicial to
the interest of the City of Moorpark, or of any other Vendor, or anyone else interested in the
proposed purchase order;
5. That the Vendor has not in any other manner sought by collusion to secure for itself an
advantage over any other Vendor or to induce action prejudicial to the interests of the City of
Moorpark, or of any other Vendor or of anyone else interested in the proposed purchase order;
6. That the Vendor has not accepted any Proposal from any subpurchase order or materialman
through any Proposal depository, the bylaws, rules or regulations of which prohibit or prevent the
Vendor from considering any Proposal from any subpurchase order or materialman, which is not
processed through that Proposal depository, or which prevent any subpurchase order or
materialman from proposing to any purchase order or who does not use the facilities of or accept
Proposals from or through such Proposal depository;
7. That the Vendor did not, directly or indirectly, submit the Vendor's Proposal price or any
breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any
corporation, partnership,company,association,organization, Proposal depository,or to any member
or agent thereof,or to any individual or group of individuals, except to the City of Moorpark,or to any
person or persons who have a partnership or other financial interest with said Vendor in its business.
8. That the Vendor has not been debarred from participation in any state, federal or public works
project.
Dated this day of , 20
(Vendor Signature)
- 16 - 1,j008
Exhibit A
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF MOORPARK AND
FOR
This Agreement is made and entered into in the City of Moorpark on this day
of , , by and between the City of Moorpark ("City"), a public
body, corporate and politic, and , a California corporation providing
video production services ("Vendor"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
I. Term
This Agreement shall commence on July 1, 2008 and shall remain and continue in
effect until June 30, 2010, unless sooner terminated pursuant to the provisions of this
Agreement.
The first three (3) months of this Agreement is a probationary period after which a
successful evaluation and assessment of the Vendors performance as qualified by the
Agreement will be conducted by the City. Upon approval by the City, the duration of service
will continue for an additional 21 months and/or until a further evaluation of the Vendors
performance can be approved. During the probationary period,the City may at anytime,for
any reason, with or without cause, suspend or terminate this Agreement, or any portion
hereof, effectively immediately upon written notice to Vendor.
2. Services
City hereby retains Vendor in a contractual capacity to perform construction
management services as set forth in Exhibit A, Proposal, attached hereto and incorporated
herein. If the Proposal is modified by this Agreement, or in the event there is a conflict
between the provisions of the Proposal and this Agreement, the language contained in this
Agreement shall take precedence.
3. Performance
Vendor shall at all times faithfully, competently and to the best of his/her ability,
experience, and talent, perform all tasks described herein. Vendor shall employ, at a
minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Vendor hereunder to meet its obligations under
this Agreement.
4. Responsible Individuals
The individual directly responsible for Vendor's overall performance of the Agreement
X0088
provisions herein above set forth and to serve as principal liaison between Vendor and City
shall be , or designee.
The City Manager, or his designee, shall represent City in all matters pertaining to the
administration of this Agreement, review and approval of all products submitted by Vendor.
The City Manager is authorized to act on City's behalf to execute all necessary documents
which increase the scope of services or change Vendor's compensation, subject to Section
5 hereof.
5. Payment
a) For providing services as specified in this Agreement, City shall pay and Vendor
shall receive as full compensation a total sum based on fees as shown in Proposal, in no
event shall total compensation for the herein described work exceed that described in the
proposal without prior written authorization from City.
b) In the event that additional work is required of Vendor, beyond the Scope of Work
for this Agreement, Vendor may be authorized to undertake and complete such additional
work only if such authorization is provided in writing, identifying the exact nature of the
additional work required and a "not-to-exceed" fee to be paid by City for such work.
c) Vendor will submit invoices at the completion of each of the tasks. Invoices shall
be submitted on or about the first business day of the month, or as soon thereafter as
practical, for services provided. Payment shall be made within 30-days of receipt of each
invoice as to all non-disputed fees. If the City disputes any of Vendor's fees it shall give
written notice to Vendor within 15-days of receipt of an invoice of any disputed fees set forth
on the invoice.
6. Incorporation by Reference
a)The City's Request for Statement of Qualifications and Proposals (RFQ-RFP) and
the Vendor's Proposal Submission are hereby incorporated in and made a part of this
Agreement. In the event of a conflict the priority of documents shall be: (1)This Agreement;
(2) Request for Statement of Qualifications and Proposal; (3) Proposal Submission.
b) All exhibits herein referenced are hereby incorporated into and made a part of the
Agreement.
7. Suspension or Termination of Agreement
a)This Agreement, or portions thereof, may be terminated or canceled in any one of
the following manners:
1. By mutual agreement of both parties,
2. Upon ten (10) days written notice by City, with or without cause,
£,9
3. Upon thirty (30) days written notice by Contractor, with or without cause,
4. If in the sole subjective judgment of City at any time or times after the
commencement of the term of this Agreement, Contractor fails to perform the
services required of it or fails to perform such services in accordance with the terms
hereof,the City upon at least seventy-two (72) hours written notice to Contractor,and
without prejudice to any other remedies the City may have, may terminate this
Agreement and Contractor's services and any obligations the City may have under
this Agreement.The written notice shall instruct Contractor to cease its services as of
a specified date, and City shall have no further obligation to payfor services tendered
or otherwise.
b) If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
c) In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Vendor the actual value of the work performed up to the time of the termination,
provided that the work performed is of value to the City. Upon termination of the Agreement
pursuant to this Section, the Vendor will submit an invoice to the City pursuant to Section 5.
8. Default of Vendor
a) The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Vendor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Vendor for any
work performed after the date of default and can terminate this Agreement immediately by
written notice to the Vendor. If such failure by the Vendor to make progress in the
performance of work hereunder arises out of causes beyond the Vendor's control, and
without fault or negligence of the Vendor, it shall not be considered a default.
b) If the City Manager or his/her designee determines that the Vendor is in default in
the performance of any terms or conditions of this Agreement,the City Manager shall cause
to be served upon the Vendor a written notice of the default. The Vendor shall have ten (10)
days after service of said notice in which to cure the default by rendering a satisfactory
performance. In the event that the Vendor fails to cure its default within such period of time,
the City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
9. Indemnification for Professional Liability
Vendor agrees to indemnify, protect, defend, and hold harmless the City of Moorpark,
and any and all of its officials, employees, and agents from and against any and all losses,
liabilities, damages, costs and expenses, including attorney's fees and costs to the extent
same are caused in whole or in part by any negligent or wrongful act, error or omission of
Vendor, its officers, agents, employees or sub-Vendors in the performance of professional
services under this agreement.
10. Indemnification for Other than Professional Liability
Other than in the performance of professional services and to the full extent permitted
by law, Vendor shall indemnify, defend, and hold harmless City, and any and all of its
officials, employees and agents from and against any liability (including liability for claims,
suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including
attorneys fees and costs, court costs, interest, defense costs, and expert witness fees),
where the same arise out of, or are a consequence of, or are in any way attributable to, in
whole or in part, the performance of this Agreement by Vendor or by any individual or entity
for which Vendor is legally liable, including but not limited to officers, agents, employees,
subvendors, or contractors and subcontractors of Vendor.
11. General Indemnification Provisions
Vendor agrees to obtain executed indemnity agreements with provisions identical to
those set forth here in this section from each and every subvendor, contractor,
subcontractor, or any other person or entity involved by, for, with, or on behalf of Vendor in
the performance of this Agreement. In the event Vendor fails to obtain such indemnity
obligations from others as required here, Vendor agrees to be fully responsible according to
the terms of this section. Failure of City to monitor compliance with these requirements
imposes no additional obligations on City and will in no way act as a waiver of any rights
hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Vendor and shall survive the termination of this agreement
or this section.
City does not and shall not waive any rights that it may have against Vendor by
reason of this Section, because of the acceptance by City, or the deposit with City, of any
insurance policy or certificate required pursuant to this Agreement. The hold harmless and
indemnification provisions shall apply regardless of whether or not said insurance policies
are determined to be applicable to any losses, liabilities, damages, costs and expenses
described in Section 9 and 10 of this Agreement.
12. Insurance
Vendor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit B attached to and part of this Agreement.
13. Independent Contractor
a) Vendor is and shall at all times remain as to the City a wholly independent
contractor. The personnel performing the services under this Agreement on behalf of
Vendor shall at all times be under Vendor's exclusive direction and control. Neither City nor
any of its officers, employees, or agents shall have control over the conduct of Vendor or
any of Vendor's officers, employees, or agents, except as set forth in this Agreement.
Vendor shall not at any time or in any manner represent that it or any of its officers,
g !JU091
employees, or agents are in any manner officers, employees, or agents of the City. Vendor
shall not incur or have the power to incur any debt, obligation, or liability whatever against
City, or bind City in any manner.
b) No employee benefits shall be available to Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Vendor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Vendor for injury or sickness arising out of performing services hereunder.
14. Notices
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by 1) personal service, 2) delivery by
a reputable document delivery service, which provides a receipt showing date and time of
delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid, return receipt
requested, addressed to the address of the party as set forth below or at any other address
as that party may later designate by notice:
City: City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Attn: City Manager
Vendor:
15. Assignment
The Vendor shall not assign the performance of this Agreement, nor any part thereof,
nor any monies due hereunder, without prior written consent of the City. It is understood and
acknowledged by the parties that Vendor is uniquely qualified to perform the services
provided for in this Agreement.
16. Entire 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 on the parties hereto. Should interpretation of
this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was
prepared by the parties jointly and equally, and shall not be interpreted against either party
on the ground that the party prepared the Agreement or caused it to be prepared. No waiver
of any provision of this Agreement shall be deemed or shall constitute, a waiver of any other
provision, whether or not similar, nor shall any such waiver constitute a continuing or
subsequent waiver of the same provisions. No waiver shall be binding, unless executed in
writing by the party making the waiver.
17. Anti-Discrimination
In the performance of the terms of this Agreement, Vendor 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 the age, race, color, creed, sex, sexual orientation,
national origin, ancestry, religion, physical disability, medical disability, medical condition,or
marital status of such persons. Violation of this provision may result in the imposition of
penalties referred to in the Labor Code of the State of California Section 1735.
18. General Conditions
a) Vendor agrees not to work for any private firm located within the City limits or its
Area of Interest, or for any public agency where its jurisdiction includes all or part of the City
without the prior written consent of the City, during the term of this Agreement. Furthermore,
Vendor agrees to limit its actions related to economic interest and potential or real conflicts
of interest as such as defined by applicable State law to the same standards and
requirements for designated City employees.
b) City shall not be called upon to assume any liability for the direct payment of any
salary,wage or other compensation to any person employed by Vendor performing services
hereunder for City.
c) At the time of 1)termination of this Agreement or 2) conclusion of all work, all work
product or intellectual property, including but not limited to all original reports, documents,
calculations, computer files, notes, video, images, and other related materials whether
prepared by Vendor or its subcontractor(s) or obtained in the course of providing the
services to be performed pursuant to this Agreement shall become the sole property of City.
Any word processing computer files provided to City shall use Microsoft Word for Windows
software. All work product or intellectual property becomes the property of the City as it is
developed and may not be used by Vendor without the written consent of the City.
d) Nothing contained in this Agreement shall be deemed, construed or represented
by City or Vendor or by any third person to create the relationship of principal or agent, or of
a partnership, or of a joint venture, or of any other association of any kind or nature between
City and Vendor.
e) In the event any action, suit or proceeding is brought for the enforcement of, or the
declaration of any right or obligation pursuant to this Agreement or as a result of any alleged
breach of any provision of this Agreement, the prevailing party shall be entitled to recover its
costs and expenses, including reasonable attorney's fees, from the losing party, and any
judgment or decree rendered in such a proceeding shall include an award thereof.
f) Cases involving a dispute between City and Vendor may be decided by an
J 093
arbitrator if both sides agree in writing on the arbitration and on the arbitrator selected, with
costs proportional to the judgment of the arbitrator.
g)The captions and headings of the various Sections and Exhibits of this Agreement
are for convenience and identification only and shall not be deemed to limit or define the
content of the respective Sections and Exhibits hereof.
h) If any portion of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions will never-the-less continue in full
force without being impaired or invalidated in any way.
i) No officer, employee, director or agent of the City shall participate in any decision
relating to this Agreement which affects the individual personal interest or the interest of any
corporation, partnership, or association in which he is directly or indirectly interested, or shall
any such person have any interest, direct or indirect, in this Agreement or the provisions
thereof.
19. Governing Law
The City and Vendor understand and agree that the laws of the State of California
shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and
also govern the interpretation of this Agreement.
This Agreement is made, entered into, and executed in Ventura County, California,
and any action filed in any court or for arbitration for the interpretation, enforcement or other
action of the terms, conditions or covenants referred to herein shall be filed in the applicable
court in Ventura County, California.
20. Authority to Execute this Agreement
The person or persons executing this Agreement on behalf of Vendor warrants and
represents that this individual has the authority to execute this Agreement on behalf of the
Vendor and has the authority to bind Vendor to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF MOORPARK: VENDOR:
Steven Kueny
City Manager
_ 6094
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit "A": Proposal for Professional Services
Exhibit "B": Insurance Requirements
09,%
EXHIBIT B
Insurance Requirements
Prior to the beginning of and throughout the duration of the Work, Vendor will
maintain insurance in conformance with the requirements set forth below. Vendor will use
existing coverage to comply with these requirements. If that existing coverage does not meet
the requirements set forth here, Vendor agrees to amend, supplement or endorse the
existing coverage to do so. Vendor acknowledges that the insurance coverage and policy
limits set forth in this section constitute the minimum amount of coverage required. Any
insurance proceeds available to City in excess of the limits and coverage required in this
agreement and which is applicable to a given loss, will be available to City.
Vendor shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial
General Liability' policy form CG 00 01 or the exact equivalent. Defense costs must be paid
in addition to limits. There shall be no cross liability exclusion for claims or suits by one
insured against another. Limits are subject to review but in no event less than $1,000,000
per occurrence and $2,000,000 in the aggregate.
Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1
(Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less
than$1,000,000 per accident. If Vendor owns no vehicles,this requirement may be satisfied
by a non-owned auto endorsement to the general liability policy described above. If Vendor
or Vendor employees will use personal autos in any way on this project,Vendor shall provide
evidence of personal auto liability coverage for each such person.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a
policy form coverage specifically designed to protect against acts, errors or omissions of the
Vendor and "Covered Professional Services" as designated in the policy must specifically
include work performed under this agreement. The policy limit shall be no less than
$1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured
and must include a provision establishing the insurer's duty to defend.The policy retroactive
date shall be on or before the effective date of this Agreement.
Worker's Compensation on a state-approved policy form providing statutory benefits as
required by law with employer's liability limits no less than $1,000,000 per accident or
disease.
Insurance procured pursuant to these requirements shall be written by insurers that are
admitted carriers in the State of California and with an A.M. Bests rating of A-or better and a
minimum financial size VII.
General conditions pertaining to provision of insurance coverage by Vendor. Vendor and
City agree to the following with respect to insurance provided by Vendor:
1. Vendor agrees to have its insurer endorse the third party general liability coverage
required herein to include as additional insureds City, its officials, employees,
servants, agents, and independent Vendors ("Agency indemnities"), using standard
ISO endorsement No. CG 2010 with an edition prior to 1992. Vendor also agrees to
require all contractors and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit
Vendor, or Vendor's employees, or agents, from waiving the right of subrogation prior
to a loss. Vendor agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors and
subcontractor's to do likewise.
3. All insurance coverage and limits provided by Vendor and available or applicable to
this agreement are intended to apply to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its
operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements
if they include any limiting endorsement of any kind that has not been first submitted
to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate
so-called "third party action over" claims, including any exclusion for bodily injury to
an employee of the insured or any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification, and
additional requirements by the City, as the need arises. Vendor shall not make any
reductions in scope of coverage (e.g. elimination of contractual liability or reduction of
discovery period)that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of
insurance evidencing all of the coverages required and an additional insured
endorsement to Vendor's general liability policy, shall be delivered to City at or prior
to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at anytime and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other
agreement and to pay the premium. Any premium so paid by City shall be charged to
and promptly paid by Vendor or deducted from sums due Vendor, at City option.
8. Certificates are to reflect that the insurer will provide 30 days notice to City of any
cancellation of coverage. Vendor agrees to require its insurer to modify such
certificates to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will "endeavor'
(as opposed to being required) to comply with the requirements of the certificate.
N,'XA'{./9
9. It is acknowledged by the parties of this agreement that all insurance coverage
required to be provided by Vendor or any subvendor, is intended to apply first and on
a primary, non-contributing basis in relation to any other insurance or self insurance
available to City.
10. Vendor agrees to ensure that subcontractors, and any other party involved with the
project, who is brought onto or involved in the project by Vendor, provide the same
minimum insurance coverage required of Vendor. Vendor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such
coverage is provided in conformity with the requirements of this section. Vendor
agrees that upon request, all agreements with subcontractors and others engaged in
the project will be submitted to City for review.
11. Vendor agrees not to self-insure or to use any self-insured retention or deductibles on
any portion of the insurance required herein and further agrees that it will not allow
any contractor, subcontractor, or other entity or person in any way involved in the
performance of work on the project contemplated by this agreement to self-insure its
obligations to City. If Vendor's existing coverage includes a deductible or self-insured
retention,the deductible or self-insured retention must be declared to the City.At that
time the City shall review options with the Vendor, which may include reduction or
elimination of the deductible of self-insured retention, substitution of other coverage,
or other solutions.
12. The City reserves the right at any time during the term of the contract to change the
amounts and types of insurance required by giving the Vendor ninety (90) days
advance written notice of such change. If such change results in substantial
additional cost to the Vendor, the City will negotiate additional compensation
proportional to the increased benefit to City.
13. For purposes of applying insurance coverage,only,this Agreement will be deemed to
have been executed immediately upon any party hereto taking any steps that can be
deemed to be in furtherance of or towards performance of this Agreement.
14. Vendor acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Vendor of non-compliance with any insurance requirement in no way
imposes any additional obligations on City nor does it waive any rights hereunder in
this or any other regard.
15. Vendor will renew the required coverage annually as long as City,or its employees or
agents face an exposure from operations of any type pursuant to this Agreement.
This obligation applies whether or not the Agreement is canceled or terminated for
any reason.Termination of this obligation is not effective until City executes a written
statement to that effect.
16. Vendor shall provide proof that policies of insurance required herein expiring during
the term of this Agreement have been renewed or replaced with other policies
providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. A coverage binder or letter from Vendor's
insurance agent to this effect is acceptable. A certificate of insurance and/or
additional insured endorsement is required in these specifications applicable to the
renewing or new coverage must be provided to City within five days of the expiration
of the coverages.
17. The provisions of any workers' compensation or similar act will not limit the
obligations of Vendor under this agreement. Vendor expressly agrees not to use any
statutory immunity defenses under such laws with respect to City, its employees,
officials, and agents.
18. Requirements of specific coverage features or limits contained in this section are not
intended as limitations on coverage, limits or other requirements nor as a waiver of
any coverage normally provided by any given policy. Specific reference to a give
coverage feature is for purposes of clarification only as it pertains to a given issue,
and is not intended by any party of insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any
other provision in this agreement and are intended by the parties here to be
interpreted as such.
20. The requirements in this Section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Section.
21. Vendor agrees to be responsible for ensuring that no contract used by any party
involved in any way with the project reserves the right to charge City or Vendor for the
cost of additional insurance coverage required by this Agreement. Any such
provisions are to be deleted with reference to the City. It is not the intent of City to
reimburse any third party for the cost of complying with these requirements. There
shall be no recourse against City for payment of premiums or other amounts with
respect thereto.
22. Vendor agrees to provide immediate notice to City of any claim or loss against
Vendor arising out of the work performed under this agreement. City assumes no
obligation or liability by such notice, but has the right(but not the duty)to monitor the
handling of any such claim or claims if they are likely to involve City.
EXHIBIT C
DISPUTE RESOLUTION SUMMARY
STATE OF CALIFORNIA
AFFIDAVIT
COUNTY OF VENTURA
being first duly sworn deposes and says:
That he/she is the of
(Title of Office) (Name of Company)
hereinafter called "Vendor", who has submitted to the City of Moorpark a PROPOSAL to Furnish
Professional Video Production Services.
Any dispute issue raised during the Contract Agreement Period will be handled by use of the fact-
finding method of resolution. The Vendor will agree to resolve properly detailed disputes. An
example of a properly detailed dispute is: equipment will not work as designed, equipment no longer
functioning, etc.
The City suggests the use of the following DISPUTE resolution steps:
1. Define the problem
2. Immediately notify the City of issues
3. Summarize all causes and prioritize
4. Identify all solutions and prioritize them
5. Analyze the potential solution
6. Select the best solution
7. Present solution to City for approval
Dated this day of 20
(Vendor Signature)
(Title)
EXHIBIT D
PROJECT DELIVERABLES
Strictly as a guide and reminder, not to supersede those specifications herein, project deliverables
shall include, but not be limited to the following:
All responses must include the following components:
• Vendor's Statement Of Qualifications (Section VIII of this document)
• Vendor's Response (Section III of this document)
• Vendors Affidavit (Attachment 1)
• Signed Professional Services Agreement (Exhibit A)
• Insurance Requirements (Exhibit B)
• Conflict Resolution Summary (Exhibit C)
• Cost Proposal Form (Exhibit 1)
Exhibit E
"Installed Equipment List"
Rack 1 OF 4 RACK LAY (Engineer Position)
Position Manufacturer Model Description of Equipment
1 Motorola Cable TV Box (interactive digital communications)
2 Panasonic AG-2560 VHS Recorder/Player
3 Pioneer PRV-LX1 Dual DVD Recorder/Player#2 of 2
4 Pioneer PRV-LX1 Dual DVD Recorder/Player#1 of 2
5 Sony LMD-4420 4 x 1 Source Monitors (labeled VRD-1 thru 4)
6 Sony LMD-1420 14" LCD Monitor (labeled ENG-SWR)
7 Tascam CC-222MKII Bi-directional CD/Tape Cassette Recorder/Dubber
8 Ma ni Systems AVM-510A Automated Vide Monitor with waveform Vectorscope Display
9 Extron VSC 200D Computer to Video Scan Converter(Composite, Component and to SDI)
10A Extron SW6 VGAxi VGA Auto Switcher with front panel manaual control(1/2 rack size)
10B Extron DVS 150 Digital Video Scaler w/panel control (1/2 rack) (Not being used-not connected)
11A I Extron P/2 DA 4 PLUS 15-Pin HD Distribution Amplifier (1/2 rack)
11B IShure UC4-UB Wireless Microphone Receiver (1/2 rack)
TABLE TOP
12 lVideotek VIS-1201 Video Switcher (labled ENG-SWR)
13 ITelemetrics CP-3A Robotic Camera Control Panel (4 camera control)
BELOW TABLE TOP VIS-1201
14 Furman PL PLUS Power Conditioner with dimmable front panel light#1 of 3
15 ESE ES-247E Quad 1 x 6 Video distribution amplifier#1 of 2 (3? VDA's in 1 rack)
16 ESE ES-247E Quad 1 x 6 Video distribution amplifier#2 of 2
17 ESE ES-246 Quad 1 x 6 Audio distribution amplifier#1 of 2 (4 RDA's in 1 rack)
18 1 ESE ES-247 Quad 1 x 6 Audio distribution amplifier#2 of 2
19 Tripp-Lite 220ORMX L2U SMARTPRO Uninterruptible Power Supply (UPS) #1 of 2
Rack 2 OF 4 RACK LAYOUT(Audio Position)
Position Manufacturer Model Description of Equipment
1 Panasonic WV-RC550 Camera Remote Control Unit (Cam-1) (for coloring and level control)
2 Panasonic WV-RC550 Camera Remote Control Unit (Cam-2)
3 Panasonic AG-DS555 SVHS Video Tape Recorder (labeled VRD-3)
4 Leitch DTD-5230 Digital Time Display of Timecode
5 Sony PVM-14M2U 14" CRT Monitor (labeled PREVIEW)
6A Sony PVM 97 9" CRT Black and White Source Monitor#1 of 4
613 Son PVM 97 9" CRT Black and White Source Monitor#2 of 4
7 dbx 166XL 2 Channel Compressor/Limiter/Gate Audio processor
8 TOA D-901 Digital Audio Mixer #1 of 2 (labeled SUB-A)
9 TOA D-901 Digital Audio Mixer #2 of 2 (labeled SUB-B)
TABLE TOP
10 IMackie 1604-VLZPro 16 Channel Audio Mixer (main program mixer)
BELOW TABLE TOP
11 Sabine FBX 2400 Dual Feedback Exterminator#1 of 3
12 Sabine FBX 2400 Dual Feedback Exterminator#2 of 3
13 Sabine FBX 2400 Dual Feedback Exterminator#3 of 3
14 Crown CTs 600 Audio Amplifier
15 Crown CTs 1200 Audio Amplifier#1 of 2
16 Crown CTs 1200 Audio Amplifier#2 of 2
17 Tripp-Lite 1220ORMX L2U 1SMARTPRO Uninterruptible Power Supply UP #2 of 2
0102
page 1
Exhibit E
"Installed Equipment List"
Rack 3 OF 4 RACK LAYOUT(Director Position)
Position Manufacturer Model Description of Equipment
1 Panasonic WV-RC550 Camera Remote Control Unit (Cam-3) (for coloring and level control)
2 Panasonic WV-RC550 Camera Remote Control Unit (Cam-4)
3 IPanasonic AG-DS550 SVHS Video Tape Recorder (labeled VRD-4)
2 Channel Loundness monitor LED meters (DUAL MODELS w RACK-
4 Dorrou h 20-A2 MOUNT)
5 Sony PVM-14M2U 14" CRT Monitor (labeled PREVIEW
6A Son PVM 97 9" CRT Black and White Source Monitor#3 of 4
6B Sony PVM 97 9" CRT Black and White Source Monitor#4 of 4
7 Furman PL PLUS Power Conditioner with dimmable front panel light#2 of 3
8 Leitch RCP-ABA1 XYP Alphanumeric XY Router Panel
9 Hotronic AP41 Time Base Corrector (labeled TBC)
10 Ross S1-052 Sin le Auxiliary Bus Switching Contol Panel
11 Burst LG-4 Video Logo/Bug Generator
12 Crown D-75A 2 Channel Audio Amplifier (feeds the JBLs)
13 Videotek VSG-204D 601 Digital Sync Generator
TABLE TOP
14 10 Gear DVI 4 4 Port DVI KVM switch to view various computer outputs on single monitor
15 1 Ross Synergy 100blk Switcher Control Panel
BELOW TABLE TOP
16 AJA Video Processing Frame (7-RD5AD cards, 3-R443 cards)
17 Ross Synergy 1 Switcher Processing Frame (chassis rackmount)
18 Telemetrics Power Supply (1 RU)
19 Telemetrics Serializer Control
20 IAPC I UPS Modules 1 of 2
21 JAPC P Modules 2 of 2
Rack 4 OF 4 RACK LAYOUT(Character Generator Position)
Position Manufacturer Model Description of Equipment
1 Radiant Com. Corp 1310nm Video and Audio Fiber Transmitter
2 Lacie 1-TeraByte Harddrive storage for Leightronix Nexus Server
3 ILeightronix Nexus Network Video System Controller (on-air SERVER playback&automation)
4 Net ear FS-105 Fast ethernet switch
5 Ocean Matrix OMX-7016 Video Distribution Amplifier
6 Furman PL PLUS Power Conditioner with dimmable front panel light#3 of 3
7 Videotek DM-141S Digital Television Tuner
8 Ross S100-053 Multiple Auxiliary Bus Switching Control Panel
9 Viewsonic VP201 b 20" LCD Monitoring Panel (monitors output of KVM?)
10 Sony PVM-8040 9" CRT Monitors (labeled ISO)
11 Sony PVM-8040 9" CRT Monitors (labeled ISO)
12 lHarris Infocaster Rackmounted CPU and storage for Infocaster Player?
TABLE TOP
13 1(city phone)
14 ISaitek QWERTY Keyboard with number keys
BELOW TABLE TOP
15 Harris Infocaster CPU Tower for STUDIO CG?
16 Leitch P32X32V0 IVideo 32 X 32 Router chassis frame (Panacea)
17 Leitch P32X32A20 jAnalog Audio 32 X 32 Router chassis frame Panacea
0 03
page 2
Exhibit E
"Installed Equipment List"
In Chambers Equipment LAYOUT(throughout chambers)
Manufacturer Model Description of Equipment
Panasonic AW-E600 Color Video Camera- 3CCD #1 of 4
Panasonic AW-E600 Color Video Camera- 3CCD #2 of 4
Panasonic AW-E600 Color Video Camera- 3CCD #3 of 4
Panasonic AW-E600 Color Video Camera- 3CCD #4 of 4
Fu'inon S14X73BWMD Teleconference Lens for Panasonic Cameras#1 of 4
Fu'inon S14X73BWMD Teleconference Lens for Panasonic Cameras#2 of 4
Fu'inon S14X73BWMD Teleconference Lens for Panasonic Cameras#3 of 4
Fu'inon S14X73BWMD Teleconference Lens for Panasonic Cameras #4 of 4
LCD PROJECTOR w/wireless LAN Capabilities/Picture
NEC 2150 transmission
Sharp XG-V1 0XLl LCD Projector
ISharp IAN-LV26EZ Motorized Zoom Lens (1.3-1.5 Ratio) for Projector
Shar AN-XGCM70 Ceiling Mount afor Projector
')Ol o4
page 3
PRODUCTION CONTROL FACILITIES
BASIC VIDEO SIGNAL FL OW
SOURCE DEVICES PUBLIC MEETINGS
C
Camera#1 C
Camera#2
C
C - DESTINATION DEVICES
Camera#3 C
O�_ °
Camera#4 1. 000
Fro
Pioneer Dual DVD-VRD 1
°�
0oo 0
O
Pioneer Dual DVD-VRD 1 000 t'r1
o ° —� Pioneer Dual DVD-VRD 2
00o Q,Video
Pioneer Dual DVD-VRD 2 ROSS VIDEO
SWITCHER -- Router O° rt
a.e hi
Panasonic SVHS VRD 3&4
Panasonic SVHS VRD 3&4
NEC 2150 Projector
Inscriber Character Generator
f
Nexus On-air Server
NEC 2150 Projector
Ah
Wireless LAN connection
Thru Extron Equipment
Laptops
I.In/Out Connections
NEXUS Server outputs to Video Switche
w
0 DAR.REN DOERat:.I.ir- 2/10/2008
.s'�rs integ::.ticr Carsuaa n:
VI
- -- PRODUCTION CONTROL FACILITIES
BA SIC AUD/O SIGNAL FLOW
PUBLIC MEETINGS
Audio AUDIO
SOURCE DEVICES DESTINATION DEVICES
Automatic-Microphone Mixers
C� 18 microphone ; . :;
1- 01
sources 000
Pioneer Dual DVD-VRD 1 t=1
F] r — O
1 L r•
D O 000
000
Pioneer Dual DVD-VRD 1 Pioneer Dual DVD-VRD 2 rt
� \/� �
000
Pioneer Dual DVQ-VRD 2 L—* �
Panasonic SVHS-V RD 3
Audio
Router O
Panasonic SVHS-VRD 3&4 L mom
Panasonic VHS-VRD 4
Nexus On-air Server
NEC 2150 Projector
NEC 2150 Projector In/Out Connections
Nexus On-air Server
La top Audio
Q Con_
Nexus Server Audio out to Mixer.
Laptops
CC�kRREN C ERSf i t 2(10/2008
Exhibit H
MOORPARK COMMUNITY CENTER
APRICOT ROOM FLOOR PLAN
VIDEO -----
CONTROL
ROOM 1
1
COUNCIL
STAGE 29' X 16' 10"
Ci �.
� C2
cn
KITCHEN W
a Ln
as
¢ rn
H �
w
w
H
RESTROOMS
C3 C4
EXIT EXIT
_ 49'
ENTRANCE/FOYER
Cost Proposal Form,Exhibit--I
Exhibit I
Cost Proposal Form
Item# Qty Description Hourly Rate Exceptions
i REGULAR MONTHLY SERVICES LABOR FEE '
guaranteed 3-hour minimun fee includes 1 hour paid for prep time,and 2 I
hours paid for standard meeting duration equaling 3 hours total.Vendor to
1 1 provide all services as necessary and specified in the 'Scope of Services.'
i
Invoicing to be for actual time worked in 15 minute increments. (Calculate for
® 2rccauuxaa.a. hFact.
Extended Meeting Hourly Rate. Hourly rate for each additional meeting
2 1 ;hour beyond the standard meeting duration. Invoicing to be for actual time
I worked in 15 minute increments. (Calculate for 2 crewmembers).
? Standard Messages Fee.Creation of up to 5-10 messages per week(see
L3 'Scope of Services section for more details) Invoicing to be for actual time
;worked in 15 minute increments.
Item# Qty Description Hourly Rate Exceptions-
AS-NEEDED SERVICES
;Standard Crew Services. Hourly Rate for crewmember to perform additional
;standard services within the"Scope of Services"on an as-needed basis and
4 1 upon request by the City during normal business hours. Examples:creating
4 additional graphics beyond average-maximum,or assisting City Staff on any
p p . minute _.__... ___.._._.
aspect of Channel operations outside of normal engagement periods.
l Invoicinc to be for actual time worked in 15 minute Increments.
IExtended Crew Services. Hourly Rate for Video Technician to peform
;Services beyond the"Scope of Service"including but not limited to delivering
5 1 9'9equipment to repair site, install and uninstall equipment, building cable/wire
I
as needed,re-configuration of system devices upon request. Invoicing to be
,for actual time worked in 15 minute increments.
EXTENDED MAINTENANCE SERVICES
'Video Engineer Services. Hourly Rate for Troubleshooting and Repairing f
6 1
!Equipment beyond the"Scope of Services"and beyond"Periodic
Maintencance"as is required and further specified. Invoicing to be for actual
I ;time worked in 15 minute increments.�
I
7 1 ;Required Hourly Minimums,if any(2,3,4 hours Minimum?)
DPD
901 t
Exhibit J
Channel 10 Programming Schedule (Typical)
Week 1 Sunday Monday Tuesday Wednesday Thursday Friday Saturday
6:00 AM BBS
2:00 PM City Council
BBS BBS BBS BBS W
5:00 PM (Replay)P y) e
6:00 PM 2 pm e
7:00 PM BBS Park& Rec. Planning BBS k
8:00 PM Com. (Live) Commission City Council
City Council
9:00 PM 7 m (Replay) m (Replay) BBS
10:00 PM 7 pm *(either (Live)7 p 7 pm 1
11:00 PM BBS 1 st or 5th Tues.)
12:00 AM BBS BBS BBS
Week 2 Sunday Monday Tuesday Wednesday_ Thursday Friday Saturday
6:00 AM BBS W
6:00 PM e
7:00 PM Park& Rec. e
8:00 PM BBS Com. BBS BBS BBS BBS BBS k
9:00 PM (Replay) 7 pm
10:00 PM BBS 2
12:00 AM
Week 3 Sunday Monday Tuesday Wednesday Thursday Friday Saturday
6:00 AM BBS
2:00 PM
3:00 PM BBS BBS City Council
4:00 PM (Replay) W
5:00 PM 2 pm e
6:00 PM e
7:00 PM BBS BBS BBS BBS k
8:00 PM City Council
9:00 PM City Council(Live)7 pm (Replay) 3
10:00 PM 7 pm BBS
11:00 PM
12:00 AM BBS BBS
5:00 AM
Week 4 Sunday Monday Tuesday Wednesday_ Thursday Friday Saturday
6:00 AM
12:00 PM BBS W
6:00 PM
e
7:00 PM
e
8:00 PM Planning
10:00 PM BBS BBS Commission BBS BBS BBS BBS k
11:00 PM (Live)7 pm
4
12:00 AM
1:00 AM BBS
5:00 AM
Week 5 Sunday Monday Tuesday Wednesday_ Thursday Friday Saturday
6:00 AM
12:00 PM BBS W
6:00 PM
e
7:00 PM Planning e
8:00 PM BBS BBS Commission BBS BBS BBS BBS k
10:00 PM (Replay)
11:00 PM 7 pm "(either
12:00 AM 1 st or 5th Tues.) 5
1:00 AM BBS
5:00 AM
0001("9