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C2009-494 - 12/15/2009 - Approved
SERVICE AGREEMENT No. SA10 -015 for Audio/Video Equipment Used in Broadcasting Government Access Television THIS service agreement ( "Agreement ") is entered into by and between MEDIA RUSHWORKS, LLC dba RUSHWORKS (the "Contractor ") a LIMITED LIABILITY CORPORATION, and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Design, Installation, Maintenance & Support of Audio/Video Equipment Used in Broadcasting Government Access Television in response to Request for Proposal (RFP) No. BI- 0230 -09. WHEREAS the City has determined Contractor to be the Best Value Supplier; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide: A. Design and Installation of Audio/Video Equipment Used in Broadcasting Government Access Television in accordance with RFP No. BI- 0230 -09. B. Maintenance and Support of Audio/Video Equipment Used in Broadcasting Government Access Television in accordance with RFP No. BI- 0230 -09 for a period of three years. 2. Term. This Agreement shall commence on the date signed by the last signatory hereto and shall continue for a period of three years subsequent to the date of final acceptance of the Audio/Video Equipment by the City. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Public Information Director. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or 2009 -494 actor be considered as an employee of the City. M2009 -342 12/15/09 Media Rushworks 5. Insurance. Before activities can begin under this Agreement, Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by first class mail. The City must be named as an Additional Insured on commercial general liability and automobile liability coverage. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are incorporated by reference in Exhibit A and may be revised annually by the City Manager upon 30 days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor except to its parent or subsidiary is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Indemnification, MEDIA RUSHWORKS, LLC dba RUSHWORKS (Indemnitor) agrees to indemnify, defend and hold the City of Corpus Christi, and its officers, employees, and agents Indemnitees) harm less from and against any and all liability, loss, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage to property (including property of Indemnitor or Indemnitees), or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees, expert witness fees, the amount of any judgment, penalty, or interest, which arise or are claimed to arise out of or in connection with this contract or the performance of this contract (including, without limiting the foregoing, worker's compensation and death claims) for injuries, death, or damages that are caused by, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or group. Indemnitor specifically agrees to indemnify Indemnitees from the negligence of its employees unless negligence is sole negligence of Indemnitees, Indemnitor must, at its own expense, investigate all claims, attend to their settlement or other disposition, defend Indemnitees in all actions based on those claims with counsel satisfactory to Indemnitees, and pay all attorneys' fees, costs and expenses of every kind and character whatsoever resulting from the claims. 9. Waiver. No waiver of any breach of any term or condition of this Agreement, or Contractor's proposal submitted in response to RFP No. BI -0230- 09 waives any subsequent breach of the same. 10. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas and or on property owned/or leased by the City of Corpus Christi, TX. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may not use subcontractors in connection with the work performed under this Agreement. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in RFP No. BI- 0230 -09. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The City may terminate this Agreement at any time, pursuant to the provisions of 2.39 of the RFP. The Contractor may terminate this Agreement upon 60 days prior written notice for the City's failure to perform or fulfill its obligations as set forth in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefor. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy, which is a Zero Tolerance policy that eliminates drugs in the workplace. 16. Notice. Notice may be given by facsimile, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Public Information Director P.O. Box 9277 Corpus Christi, Texas 78469 -9277 FAXNo.: (361) 826 -3177 IF TO CONTRACTOR: Contractor Name: MEDIA RUSHWORKS, LLC dba RUSHWORKS Contact Person: RUSH BEASLEY Address: 800 PARKER SQUARE, STE. 200 City, State, Zip: FLOWER MOUND, TX 75028 Fax No.: 972 - 899 -8140 SIGNED thi CO. ' CTOR. R SH BEASLE Y PRESIDENT MEDIA RUSHWORKS, LLC dba RUSHWORKS day of 6' x,2009. CITY STI Michael arrera Assistant Director of Financial Services Illit.Aeaq _ .342- ALIT ORILb d1r COUNCIL .. 1A 0Gi Date SECRETARY 1 APPROVED AS TO FORM THIS WI- DAY OF _ , 2009 11 , cITY O NEY- BY:' Veronica Ocaiias, Assistant City Attorney Incorporated by reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Request for Proposal No. BI- 0230 -09 Proposer's Proposal Updated Pricing and payment terms of 50% with the receipt of the Purchase Order and 50% net 30 days of completion of project to City's satisfaction as contained in attachment in E -mail from Rush @rushworksmedia.com to paulp @cctexas.com dated 10/7/2009 4:31 PM with Subject: FW: RUSHWORKS Updated Pricing Table & Terms Revised Insurance Requirements dated October 20, 2009 Payment Terms Regarding Annual Maintenance .61'44 A REQUEST FOR PROPOSAL ADDENDUM CITY OF CORPUS CHRISTI PURCHASING DIVISION Request for Proposal No.: BI- 0230 -09 Addendum No.: 2 September 1, 2009 Prospective Proposers are hereby notified of the following modifications to Request for Proposal No. BI- 0230-09. All terms, conditions and specifications of the original Request for Proposal not in conflict with this addendum remain unchanged and continue in full force and effect. I. The Pre - proposal Conference Attendance Sheet is attached herewith on the following page: i CITY OF CORPUS CHRISTI PURCHASING DIVISION August 20, 2009 Pre- proposal Conference Attendance Sheet 2:00 P.M. BI- 0230 -09 RFP — Design, Installation, Maintenance, & Support of Audio /Video Equipment Used In Broadcasting Government Access Television Programming COMPANY NAME (PLEASE PRINT) NAME (PLEASE PRINT) / 6V.Srr2 AL 4vvbo /v/boo /M= SAS41 c: -/t/ad-C-1-7"•41 r/ /leis -..1 dtfN Li Cs-\ L.-5 4 J ,C , at ah// a,, 4 iiikotkm„.41# 1454/7-440,-„A., awy i(L Forot hut All L_ Gri1444\ diLiaid-5 A✓ 11 (6.A7sOviuy E L-t- PHONE NUMBER FAX NUMBER 7/3-535- a 36 ?/3--?I,3 7/3-535 ° .236 3 °aS2( <deS ., 'N -1% -IS NO 3 &!- 51-33/0 - .34/•9& a/ 906 - )7,/7 210) B2S. 734 l 2/o) 4177s27/ Sri gty7 ins s)2 Lfgl olI! • c f i 7 s "716- 31's - (39 77- 31,1 4' 3-1 opr3b / -Cs�1' 2- k Ptvi 'Peet-4- ii ;6(-0I0 13h 36/- Sue3iry )(31(g51- 0 -3174 "ALL OTHER ITEMS AND CONDITIONS REMAIN UNCHANGED" Paul Pierce Procurement Manager ACKNOWLEDGED BY: FIRM NAME AUTHORIZED SIGNATURE DATE ONE ORIGINAL SIGNED AND DATED ADDENDUM 2 AND SIX COPIES OF THIS ORIGINAL SIGNED AND DATED ADDENDUM 2 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR PROPOSAL. iii REQUEST FOR PROPOSAL ADDENDUM CITY OF CORPUS CHRISTI PURCHASING DIVISION Request for Proposal No.: BI- 0230 -09 Addendum No.: 1 August 31, 2009 Prospective Proposers are hereby notified of the following modifications to Request for Proposal No. BI- 0230-09. All terms, conditions and specifications of the original Request for Proposal not in conflict with this addendum remain unchanged and continue in full force and effect. I. The following questions were posed by prospective Proposers and are answered, herein, by the City of Corpus Christi, Texas: 1. QUESTION: Do you have floor plan drawings of the Council Chamber and the AV room in an electronic format (DWG- DXF -PDF)? If yes can we can a copy? ANSWER: Council Chambers — Yes (see attachments) AV Room — No 2. QUESTION: Can you provide us with a list of make and model numbers of your present Cameras and Lens? ANSWER: Cameras — Panasonic AW -E600P Lens - Fuginon AW -S 14X8MD Pan Tilt- Panasonic AWPH300AP 3. QUESTION: Can you provide us with the make and model number of thee LCD monitor within your podium? ANSWER: Dell 1703 FPS iv 4. QUESTION: Do you prefer to use the current LCD monitor within the podium or have it replaced? ANSWER: Replace with compatible monitor. 5. QUESTION: What is the white button or light on the side of each Council Members monitor used for? ANSWER: When a council member wishes to speak, they depress the button. The system then alerts the Mayor. The system sets the requests in order as they are received. The Mayor can view the order in which the buttons were depressed on a small panel at his seat. 6. QUESTION: Aux camera connection to be located outside the AV room: Is the equipment, i. e. non mounted camera, tripod, etc., part of the requirement? ANSWER: No. 7. QUESTION: Are proposers to use the same speakers? ANSWER: Building Speakers - Yes Audio monitors at Council seats — No. 8. QUESTION: Are proposers to use the same audio in control room? ANSWER: No. New system needs to interface with existing house speakers and provide warranty. 9. QUESTION: Engineering wiring schematics? v ANSWER: Those that are available are attached. 10. QUESTION: The encoder — What software and hardware is currently being used? ANSWER: Software: Scala 5 (Castnet) Hardware: Dell Optiplex detailed in RFP. 11. QUESTION: The encoder — How are you getting program into the current encoder? ANSWER: Composite video. 12. QUESTION: The encoder — What is [sic] the audio /video input types into the encoder? ANSWER: Composite video. 13. QUESTION: The encoder — How are you transferring audio/ video files to the Scala system? ANSWER: Network. 14. QUESTION: The encoder — Is the city opposed to using an encoder that can handle MPEG 4 instead of MPEG 2? It is our experience that it is a better quality file format. ANSWER: The City is not opposed, so long as the Scala 5 server is compatible. 15. QUESTION: Does the city want video editing capabilities as an option? vi ANSWER: No. 16. QUESTION: Are there plans to Web stream? a. If so should it be added to this proposal? b. If so do you have an internal or external web provider? c. If so what are the archiving plans? ANSWER: Yes, there are plans to web stream — Uverse. a. Yes. It should be listed in Uverse documentation as an approved encoder. Proposer should include equipment with 2 ports. b. Internal. c. The City has not yet decided. 17. QUESTION: Is the city looking for voting capabilities as an option in this system design? ANSWER: No. 18. QUESTION: Does the City of Corpus Christi have plans for this system to be 16 by 9 and eventually HD? ANSWER: 16 x 9, Yes. HD is dependent on cable provider. 19. QUESTION: What audio and video signal format does each of the cable providers require? a. Grande b. Warner c. ATT Uverse ANSWER: a. Current signal converts to fiber in basement. b. Current signal converts to fiber in basement. c. New service to implement after equipment upgrade. See attached Uverse documentation. vii 20. QUESTION: May we get the make and model number of the existing modulators and cable feed boxes? ANSWER: Time Warner Standard TVM 550 RF in and RF out to Fiber Transmitter Fiber Transmitter (CBLNINX -1) Grande Radiant Communications #VAB700S- T -UAC57 (TX) Radiant Communications #VAB 700S — T -UAC (RX) RF in and Fiber out (This system loops to receive Time Warner signal for rebroadcast). 21. QUESTION: Are Cable Providers listed above providing better modulators /cable feed boxes with higher resolution inputs? ANSWER: No. Proposers should include upgraded modulators and connection to current providers' drops. "ALL OTHER ITEMS AND CONDITIONS REMAIN UNCHANGED" Paul Pierce Procurement Manager ACKNOWLEDGED BY: FIRM NAME AUTHORIZED SIGNATURE DATE ONE ORIGINAL SIGNED AND DATED ADDENDUM 1 AND SIX COPIES OF THIS ORIGINAL SIGNED AND DATED ADDENDUM 1 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR PROPOSAL. viii Important information Thank you for your Interest Th ATST U-kri's e TV and pubi(c, educationci and government programming or ''PEG'' This sheet contatas SOITIQ Important taforrnation about AT&T's PEG solubon and describes the actions that must be Lindertaken by AT&T and the oty before PEG programming can be corned c' AT&T's U-vGrse TV SOIVICO. AT&T's PEG solution AT&T uses Internet Protocol (IP1 technology to stream a city's PEG channels through the AT&T U-verse TV service to U-verse TV subscribers in the designated market area (DMA:, Conversion of PEG Programming by CIP/ In order to provide PEG programming In the appropriate format for distribution to AT&T (i-yerse TV subscribers, the city must transmit PEG programming as a digitally encoded video stream is) using Windows Media 9 and encoded at a rate of 1.25 Mbps per stream. The city will provide at Its own expense the required video and audio transmission equipment Irc luding but not limited to CartIQMS. Qncodam decoders. and routers required to transmit PEG programming signal in the format specified by AT&T. More detailed conversion specifications are available upon request Transmission of PEG Programming Signal to AT&T's network AT&T will provide, at Rs own expense the required transmission capacity to transport the PEG streams from the buildings minimum point of entry (MPOE) or demarcation to AT&Ts network. The City is solely responsible for all inside wiring intra network cable (INC), conduits, or cable raceways as such may be required to connect or provide connectivity from the MPOE to the PEG conversion equipment. Delivery of PEG Programming to U-verse TV Subscribers AT&T will deliver the PEG programming to all U-verse T‘r subscribers within the same designated marketing area Li-verse subscnbers shall locate such programming at Channel 99 using the U-kerse PEG menu screens. Internet addresses for PEG programming rURLs/ IP Addresses") Each PEG channel transmitted L' the city to AT&T must have a unique and dedicated Internet UR L/IP address. The city will need to work with AT&T to identify and finalize the dedicated URL/IP address for Each of its PEG thannels. AT&T will provide the city an electronic capability and format ( "Muni Administrative Software Toor) to communicate the dedicated UPVIP address information to AT&T. Timely Completion of PEG Implementation AT&T will meet with the city to review PEG requirements. It Is incumbent upon the city to acquire any necessary' equipment and perform any site preparation work required. AT&T and the city will work cooperatively and on a timely basis to ensure that work is completed to enable the implementation of PEG programming within specified ti mell nes. Maintenance and Support The City may report technical issues to AT &T:. Emerging U-yerse Applications (ELK). EUA will troubleshoot the AT&T U-verse network up to the building's minimum point of entry (MPOE) or demarcation and clear any issues within AT&T's network if the problem is identified to be with the City's Qncoding hardware or software. the City Is responsible for troubleshooting and issue resolution and can contact their hardware provider for assistance. PEG Programming Content AT&T shall not exert direct or indirect programming control or assert cAvnership over the city's PEG programming. All PEG content provided to AT&T by the city shall remain the responsibility of the city. The city shall ensure that it has the appropriate rights to allow transmission of all content by AT&T to subscribers in the DMA. AT&T shall have no editorial control over the ciWs PEG programming information 5u4iect to Perodic Revision TO v.2 ix ncoder information Theclyt specifications: t must meet the following Windows Media Video 9 VC-1 [Video Encoding Format: Main Profile input Video Format NTSC I Frame ;late: I 30/2997 fps rScanning Type: Non-interlaced Key Frame Distance ; 4 Seconds PEG Equipment Information lt" tttt,L7t.s !Video Streaming Bandwidth- 125 littps Buffer Stet 4 2 Seconds k Output Resolution' 460 a 480 I i . i Aspect Ratio: I 43 Captioning: t Open CaptionS" Audio :Encoding Format t WMA (Windows Media Audio) Audio Streaming BanduridtK I 96 kbps 1 Audio Sample Rate 146 kHz 1 Streaming Protocol t 111TP t , t Streaming Mode; I Constant Bit Rote i Streaming Format Unlcast t „ t ' Addressing: 1 Publk. i-P Address tt t Output ASF Neneork PuU t input Pnysioal Connection: „t Component Composite or SDI *Irtis setting Is optional ant may 1l makes aid molks of Encoder Equipment IT options ere desired set encode to 'open Captalr.. AT&T strongly encourages the use of stand-alone, dedicated encoders that meet these specifications, AT&T has tested and certified that the Inlet Spinnaker 3005/3205 encoders are compatible with its PEG service However, AT&T assumes no liability, and makes no warranties, express or implied for this equipment. Regarding third-party vendor equipment: AT&T does not endorse or certify any third-party equipment mentioned herein. With respect to such equipment. AT&T assumes no liability, and makes no warranties, express or implied MIMS While the city may select and use encoders not listed her please be advised that there is a potential for degraded signal quality, as well as increased operational overhead, if alternative encoders not meeting these specifications are deployed. Other than Inlet AT&T has not certified the specific models listed below, though they have been identified as compatible with AT&T's U- verse PEG platform and/or known to be in use by PEG programming providers for the purpose of delivering PEG programming to AT&Ts network. ittipeAV4044a44" kaggaigaZOODIE444C-=4,,,,44' 4 inlet ...Spinnaker 2006 Spina ker nos (2 ports) ; Corp. Me Techrologies (919i 656-.1080 vr.intettnicore Of lottorry Brawn - VP dr Major Acclaims telarnon (operation" IOW E.,116111 Street Carrnei, IN 46012 Miosei317-412-66T1 CellA17-651-7955 www.mialosmcorp<ont Mnipt,/,,Neww.tetarikant corp.corni› kr-44am 2100 1 Mke Weineill 96;01275 1 mIkewrolewcast con .6oRrearn Sat . 972-.4139-7161. 5.6-01256 , . NiagaraPro = 6-01204 1 (2 <flamer ; . Niagara 7224 SE5-01109 r I charnel i I ; I. . ! i= Streana Lere-500 ::.; Sates: 19.06946,961% VC1 a pm/ t at21.2 kStrearriZ lko-1400 salesreiplinitat-rapids.com , C1 (1 pot ' Support:1905 946,9666 t t e) VC1 (2 poop ,113. 1 kSuearul Me 2600 1 supporrnaoolgiral- , .Streara-1.000os (1 riotti rapicts,corn .(Sitr;frlii.7-1CLUALs EStrearriZ-26reas 1 t2 noire .TouchStrearn remit 20199i Simi-stream Infounation Siiiilect to Periodic lirrielon , Gr,lnIWt , ITh 1K77495495 1,415 .357 3619 Audi% Audio signal handoff must meet VC-1 codec standards Audio may be mono or stereo. Decibel (rib) levels should be adjustable. Tranoport Where applible... and per the state video franchise legislation, AT&T will provide transport to connect a city's video streams to the AT&T network. Typically, these are 'Managed Internet Service MI5)" Ti. circuit% bonded when there is more than one PEG programming stream. AT&T wiLt terminate trans port circuits at the minimum point of entry fMP0E1) or telco demarc room within the appropriate city building. Router Infornsetiort A router is typicate required by the city or PEG programming location to connect its encoded signal. to the AT&T MIS T-1 interface at the tetco MPOE or demarcation. Some Adtran router models and Cisco s 1800 series routers are examples that can be used for this purpose. *PPP for leased line protocol 1, IP default and static routing „ ! *Internet Control .Message Protocol (ICMPI to accept .pings 1 to the serial port IP address connected to AT&T MIS 03GP4 - dynamic routing protocol fopflonal- If dynamic routing Is required) *Support Binary Eight zero Substitution MKS) and Extended Super frame [ESP] 0-lave a line build out that can adapt to different voltage levels from smart jacks *Take timing from the AT&T network [hooped timed or 1 receive timedl SiNittit The city or PEG programming location may choose to insert an optional Ethernet switch in the signal path. especially if multiple PEG streams are required. 1.1**041011101 . up to 24 10/100 Ethernet ports * Standalone wilds preferred z • One port for matink between switch and router i One port per encoder *101100 mbps ttalt/FuLL Duplex math Auto Negottat! on *Activity LED Macaw The city wiff provide, at its awn expense, the required video and audio source signal generation and transmission equipment including but not limited to cameras, encoders, decoders and routers required to transmit the programming signal in the format specified herein. Depending on haw the city PEG system is configured the city may need to perform work, such as installing conduit if required, placement of CAT5 wiring/cabling, demarcation/MPOE extensions, video and audio splitters and amplifiers to deliver acceptable signals. These are general guidelines and specific requirements vary from location to location irtformatioo MAIM to Period xi ittrAoloo AT&T Uverse4m TV AT&T U-verse' brings consumers a revolutionary new entertainment experience, AT&T is the only national provider to offer a 10D-percent Internet Protocol (10-based video service, AT&T U-verse TV, which delivers a new level of service integration and features that are unmatched in the market place. AT&T U-verse P1 offers customers a compelling variety of TV and Internet packages to customize their entertainment experience. AT&T customers can choose from five basic TV packages - U100, U200 U300 and U400 - and is unique family- friendly programming package, U-ta may, which includes the best family-oriented TV channel& Arsrs sere ice also includes v ideo- on-demand titles for all ages as well as offering a variety of flexible HD, movie, sports, and Spanish language pro g ra mm ing options. AT&T's PEG Solution AT&T is committed to carrying Public Educational and Governmental (PEG) programming carer its AT&T U-verse TV service. Because AT&Ts U-verse service is based on IP, AT&T will use IP streaming capability to deliver PEG channels, AT&T will have no role in the acquisition or creation of the PEG content nor will it exercise any production or editorial control over the content. The PEG programming provider ‘6011 be responsible for all PEG content, including the acquiring of anry appropriate rights and licenses necessary to allow transmission by AT&T throughout the designated market area lDMAI and ensuring viewer 9.3itability of content. "Live PEG Streams" PEG programming content must be converted to a streaming video signal for transmission on AT&T's Uaverse platform. The format is Microsoft Windows Media 9, encoded e 1.25 Mbps per stream/channel with a resolution of 480x480. More detailed technical spe:ifications will be provided upon request. User Experience AT&T U-verse TVs PEG service gives customers more choices - they can choose. to watch programming provided by their own community as well as other participating communities within the surrounding area, or DMA. Similarly, a PEG provider's programming is available to not just customers within their own community, but to all AT&T U-verse TV customers in the DMA. AT&T has designated Channel 99 as the location on its U-verse channel guide dedicated exclusively to PEG programming. Customers can access the PEG application in a number of ways: by selectirg 'Government, Education and Public Azcess from the 'Uve Tr section of the Main Menu: by accessing the "Guide' and scrolling to Channel 99; or simply by entering "99' on the remote control. Li 1.31 lioverttrnvIt Etirucarm, :trid Public IIu Information SubjeCt to P Description: Chanrei 99 on AT&T u-verse TV xii c R n v.1 Once a customer starts the PEG application, they will be presented with a screen that lists the communities providing PE programming throughout the DMA. Screen Samples The following are samples of U-verse PEG screens Customers can access Channel ggi. several ways. roPscription AT&T U-verse Main Menu — Live TV Akh 4,Az' ,V6YA,1' Description AT&T U-verse Program Guide After launching the PEG application U-verse 1V will display a list of communities offering PEG programming. oi tr4 8,7,7191wa L41,, 4 Description AT&rs PEG application Ms an communities offering PEG proorainming in a DMA Upon selection of a community, U-verse TV will list all the channels offered by that community as well as display live programming in a preview screen along with a description c4 the selected chan neL pplevtilt Connor unity Televi slon • • , •;AV" . 174.1' a waisaga-,-,.... ,,,,' 1. ••••,,s' pAccrimiorj Listing of available thannels 3110 prw screen for a panic utar community Infouriation Subject to Periodic Revision PEG programming can be viewed in the preview' screen. or enlarged to a full-screen view. 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CITY OF CORPUS CHRISTI BI- 0230 -09 Design, Installation, Maintenance & Support of AudioNideo Equipment Used In Broadcasting Government Access Television Programming Table of Contents Section 1 Notice of Request for Proposal 1.1 Request For Proposal 1.2 Submission of Proposal 1.3 Tentative Schedule 1.4 Acknowledgment and Notice of Intent to Submit Proposal Section 2 Conditions Governing the Procurement 2.1 Acceptance of General Requirements 2.2 RFP Notice Requirement 2.3 RFP Procedural and Content Questions 2.4 Basis for Proposal 2.5 Opening of Proposals 2.6 Proposal Terms and Conditions 2.7 Disclosure of Proposal Contents 2.8 Late Proposals 2.9 Signing of Proposals 2.10 Cost of Proposal 2.11 Minority Business Enterprise Information Form 2.12 Disclosure of Interest 2.13 Ownership of Proposals 2.14 Disqualification or Rejection of Proposals 2.15 Rejection of Proposals 2.16 Right to Waive Irregularities 2.17 Withdrawal of Proposals 2.18 Amending of Proposals 2.19 Proposal Offer Firm 2.20 Proposer Qualifications 2.21 Exceptions to RFP Specifications 2.22 Consideration of Proposals 2.23 Termination of RFP 2.24 Contract 2.25 Precedence of Contract Documents 2.26 Governing Law 2.27 No Obligation 2.28 Contract Deviations 2.29 Sufficient Appropriation 2.30 Recommendation to City Council 2.31 Award of Contract 2.32 Execution of Contract i 2.33 Disputes 2.34 Change in Contractor Representatives 2.35 Term 2.36 Change Requests 2.37 Termination of Contract 2.38 Ownership of Documents 2.39 Required Insurance Provisions 2.40 Right to Publish 2.41 Ethical Behavior 2.42 Quantities Section 3 Scope of Work 3.1 General Information 3.2 Required Services 3.3 Technical Solution 3.4 Proposer's Profile & Qualifications 3.5 Pricing Section 4 Proposal Format and Organization 4.1 General Instructions 4.2 The Proposal Format 4.3 Transmittal Letter 4.4 Table of Contents Section 5 Proposal Evaluation 5.1 Committee 5.2 Evaluation Criteria Attachments Exceptions Form Service Agreement Minority Business Enterprise Information Form Disclosure of Interest Form ii SECTION 1 Notice of Request for Proposal A. The City of Corpus Christi "City" issues this request for proposals "RFP ". The City is interested in proposals from Proposers that can provide the City with DESIGN, INSTALLATION, MAINTENANCE & SUPPORT OF AUDIO/VIDEO EQUIPMENT USED IN BROADCASTING GOVERNMENT ACCESS TELEVISION PROGRAMMING that meet the needs of the City as defined in this RFP. B. The City hereby designates Paul Pierce as the Procurement Officer with overall responsibility for procurement and administration of this service. Mr. Pierce' s information is as follows: Paul Pierce Procurement Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Phone: (361) 826 -3164 Fax: (361) 826 -4374 paulp @cctexas.com C. All inquiries or requests regarding this RFP must be submitted, in writing, to the Procurement Officer as indicated above, or his duly authorized designee, as specified in writing. Other employees do not have the authority to respond for the City in writing and any attempt to question other employees regarding this RFP may result in the City disqualifying that Proposer. Only written responses from the Procurement Officer or his duly authorized designee will be binding with regard to inquiries requesting clarification or additional information. The Procurement Officer's or his duly authorized designee's written responses will be forwarded simultaneously to all prospective Proposers. D. A pre - proposal conference will be held at the date and time and in the location specified therefor in Section 1.3 of this RFP. 1. The purpose of the pre - proposal conference is to provide an opportunity for prospective Proposers to discuss, pose questions and obtain clarification from the City regarding this RFP and to tour the subject facility. 2. All questions and requests for clarification from the City shall be received, in writing, by the Procurement Officer specified herein by the date and time specified therefor in Section 1.3 of this RFP. Questions and requests for clarification received after such time shall be deemed late and shall not be 0 considered. Questions and requests for clarification may be transmitted to the Procurement Officer regular mail, private courier, facsimile or electronic mail service or by delivery in person. Facsimile and electronic mail service is provided by the City as a convenience and the City makes no guarantees, express or implied, regarding the functionality of said services. It is solely the responsibility of the Proposer to ensure questions and requests for clarification are received by the Procurement Officer by the deadline for same detailed herein. The electronic time -stamp in the Purchasing Division of the City of Corpus Christi at City Hall, 1201 Leopard Street, Corpus Christi, Texas, shall be the official time stamp and shall maintain the official time for the purpose of this Request for Proposal. 3. The City shall provide written responses to all prospective Proposers in the form of written addenda, if such information is necessary to Proposers in submitting proposals or if the lack of such information would be prejudicial to uninformed Proposers. Oral explanations or instructions provided by the City before the award of the contract shall not be binding upon the City. A. The Proposer must submit one (1) original and six (6) copies of its proposal in response to this RFP to the City of Corpus Christi, as specified below. All proposals must be complete and accurate and must be in City approved format as referenced in Section 4.2 B. The City will review and evaluate written proposals submitted in response to this RFP. The City may conduct additional interviews with selected Proposers for the purpose of further exploring and clarifying the Proposer's response. The City will rank the Proposers based on the suggested evaluation criteria set forth in the Evaluation Model of this RFP. The City will then negotiate the applicable terms and conditions into the final form of the Contract. If contract negotiations are not successful with the selected Proposer, the City will begin negotiations with the next highest ranked Proposer on the list. Award(s) will be made considering the best overall value to the City. The City intends to award one contract to one Contractor. C. The City intends to utilize an Evaluation Model specifically designed for this analysis. The Evaluation and Selection process will be based upon Technical Solution, Proposer's Profile & Qualification, Pricing and Exceptions. The weights assigned to each of these parameters will be designated by the Evaluation Committee. D. Proposals should be returned in a sealed envelope or container marked with the Proposer's name, address and the bid number corresponding to this RFP. Proposals will be received through the date specified in Section 1.3 of this RFP. Without exception, proposals received after this deadline are considered non - responsive and will not be considered. E. Proposers may mail the Proposal to the following address: 1 City of Corpus Christi (1 original and 6 copies) Purchasing Division P.O. Box 9277 Corpus Christi, Texas 78469 -9277 OR, Proposers may deliver the proposal in person or via third -party courier to the following addresses: City of Corpus Christi (1 original and 6 copies) Purchasing Division 4th Floor, City Hall 1201 Leopard St. Corpus Christi, Texas 78401 -2825 F. Delivery to or receipt in any other area of the City will not satisfy the requirement for delivery to the Purchasing Division. G. Proposer shall comply with the additional detailed instructions regarding submission of Proposals found in Section 4.0 of this RFP. The following is a tentative schedule of project evaluation and selection activities: Date Project Activity August 10, 2009 Request for Proposal issued August 20, 2009 Pre- proposal Conference 2:00 p.m. to 4:00 p.m. Central Time (CT) Council Chambers City Hall 1201 Leopard Street Corpus Christi, Texas As part of the pre - proposal conference, Proposers will be provided with a tour of the subject facility. August 24, 2009 5:00 p.m. CT deadline for submission of: 1) written questions 2) Acknowledgment of Receipt and Notice of Intent to Submit Proposal September 11, 2009 Proposals due by 5:00 PM CT. October 13, 2009 Projected Date of Selection and Award of Contract(s) by City Council. October 20, 2009 Projected Alternate Date for Selection and Award of Contract(s) by City Council. 2 It is important that the City is able to verify prospective Proposers' receipt of this RFP. The following ACKNOWLDGMENT OF RECEIPT AND NOTICE OF INTENT TO SUBMIT PROPOSAL ( "NOTICE ") should be completed and returned as soon as possible, but no later than the date and time specified in Section 1.3 of this RFP. Failure to return said Notice by this deadline may preclude a prospective Proposer from receiving addendums, responses to questions, etc. 3 ACKNOWLEDGMENT OF RECEIPT AND NOTICE OF INTENT TO SUBMIT PROPOSAL REQUEST FOR PROPOSAL BI- 0230 -09 Design, Installation, Maintenance & Support of Audio/Video Equipment Used in Broadcasting Government Access Television Programming In acknowledgment of receipt of this Request for Proposal, the undersigned agrees that a complete copy of this RFP has been received and offers notice of their intention to submit a proposal to provide DESIGN, INSTALLATION, MAINTENANCE & SUPPORT OF AUDIO/VIDEO EQUIPMENT USED IN BROADCASTING GOVERNMENT ACCESS TELEVISION PROGRAMMING outlined in this RFP. This Acknowledgment of Receipt and Notice of Intent to Submit Proposals to this RFP should be signed by an authorized representative and returned to the Procurement Officer by the date and time specified in Section 1.3 of this RFP. This will assure that any addenda or additional information and written answers to questions will be forwarded to you. Proposers who choose to mail this form should send it by registered or certified U.S. mail to the address set forth in Section 1.1 of this RFP, or fax to (361) 826 -4374 Attention: Paul Pierce, Procurement Manager, or by email to paulp @cctexas.com. Facsimile and e -mail service is provided as a courtesy to Proposers, however, the City assumes no responsibility for documents transmitted via facsimile or e -mail and not received by the Procurement Officer in a timely manner. The person named herein shall also serve as the contact person who must be available, with little or no notice, to answer questions posed by the Evaluation Committee during the evaluation process. COMPANY NAME: REPRESENTED BY: NAME: TITLE: ADDRESS: CITY /STATE /ZIP CODE: SIGNATURE: DATE: E -MAIL: 4 FACSIMILE #: TELEPHONE #: SECTION 2 Conditions Governing the Procurement The Proposer must specifically accept the project requirements by paragraph number contained within Sections 2.0, Conditions Governing the Procurement and 3.0, Scope of Work, in the transmittal letter as set forth in Section 4.3 of this RFP. In accordance with City procedures, notice of Request for Proposal shall be published in the Corpus Christi Caller -Times once a week for two consecutive weeks. The date of the first publication will be at least fourteen (14) days prior to the Proposal due date. Any Proposer requiring further clarification of the Request for Proposal procedures contained herein should submit specific questions in writing to the Procurement Officer at the address set out in Section 1.1 of this RFP. During a review of this RFP and preparation of the Proposal, certain errors, omissions, or ambiguities may be discovered. If so, or if there are doubts or concerns about the meaning of any part of this RFP, written questions should be submitted to the Procurement Officer at the address set out in Section 1.1 of this RFP and by the date and time specified for same in Section 1.3 of this RFP. This will allow time to answer the questions and distribute those answers to all prospective Proposers so that each will have the benefit of the revised information. Only the information contained in this RFP, addenda hereto and information supplied by the City in writing through the Procurement Officer identified herein should be used in the preparation of the Proposer's proposal. 5 Proposals shall be returned in a sealed envelope or container marked with the Proposer's name, address and RFP number BI- 0230 -09. The Proposals shall be received through the date and time specified in Section 1.3 of this RFP. Proposals must be mailed or delivered in accordance with the instructions and to the addresses set out in Section 1.2 of this RFP. By means of time stamp. the Purchasing Division will record receipt of the Proposal and forward it to the Procurement Officer. The official time of receipt in the Purchasing Division shall be that maintained on the Purchasing Division's date /time stamp. A formal opening of the Proposals will not occur. The Proposer must submit, with each copy of the Proposal, a complete set of any additional terms and conditions proposed for inclusion in the sample Contract enclosed herein. Proposals will be opened in a manner that avoids disclosure of the contents to competing Proposers and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract(s) are awarded, however, trade secrets and confidential information in the proposals are not open for public inspection. It is specifically provided, however, that each Proposer must identify any information contained in its proposal which it asserts is either a trade secret or confidential information. Such material must be conspicuously identified by marking each page containing such information as "confidential" or "proprietary ". If such material is not conspicuously identified, then by submitting its proposal, a Proposer agrees that such material shall be considered public information. Without exception, proposals must be submitted in sufficient time to be received and date /time stamped in the Purchasing Division on or before the deadline specified in Section 1.3. Any proposal received after the time and date specified in Section 1.3 is late and shall not be considered. By submitting and signing a proposal, the Proposer indicates its intention to adhere to the provisions described in this RFP. 1. Proposals, signed for a partnership, shall be signed in the Proposer's name by at least one partner or in the Proposer's name by an attorney -in -fact. If signed by an attorney -in -fact, there should be attached to the Proposal a Power of Attorney evidencing authority to sign Proposals, dated the same date as the Proposal, and executed in accordance with the legal requirements of the Proposer. 6 2. Proposals, which are signed for a corporation, shall have the correct corporate name thereon and shall bear the president's or a vice - president original signature and title written below the corporate name. Any other signature must be accompanied by a resolution of the Board of Directors authorizing such signature to contract in the corporation's name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. This Request for Proposal does not commit the City to pay any costs incurred by a Proposer for preparation and/or submission of a Proposal or for procuring or contracting for the items to be furnished under this RFP. All costs directly or indirectly related to preparing and responding to this RFP, including all costs incurred for supplementary documentation, shall be borne solely by the Proposer. The City of Corpus Christi requires all persons or Proposers seeking to do business with the City to provide the Minority Business Enterprise Information Form on the City - supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N /A. The City of Corpus Christi Code of Ordinances, Section 2 -349, as amended, requires all persons or Proposers seeking to do business with the City to provide the Disclosure of Interest information on the City supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N /A. Proposers are obligated to provide updated information concerning the disclosure of interests, as warranted, throughout the time the Proposals are being considered. All documents submitted in response to this Request for Proposal and timely received shall become the property of the City of Corpus Christi. Proposers may be disqualified for any of the following reasons: • There is reason to believe that collusion exists among the Proposers; • The Proposer is involved in any litigation against the City; • The Proposer is in arrears on an existing contract or has defaulted on previous contracts with the City; • The Proposer lacks financial stability; • The Proposer has failed to perform under previous or present contracts with the City; 7 • The Proposer has failed to use the City's approved forms; • The Proposer has failed to adhere to one or more of the provisions established in this RFP; • The Proposer has failed to submit its Proposal in the format specified herein; • The Proposer has failed to submit its Proposal on or before the deadline established herein; • The Proposer has failed to adhere to generally accepted ethical and professional principles during the Proposal process; or, • The Proposer has failed to provide a detailed fee schedule in the Proposal. Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled -for alternate Proposals, incomplete Proposals, erasures, or irregularities of any kind. Proposals tendered or delivered after the official time designated for receipt of Proposal shall be deemed non - responsive and shall not be considered. Proposals shall be considered as being "irregular" if they show any admissions, alterations of form, additions or conditions not called for, unauthorized alternate Proposals, or irregularities of any kind. The Procurement Officer reserves the right to waive minor irregularities and mandatory requirements, provided that all responsive Proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right shall be exercised at the sole discretion of the Procurement Officer. Proposals may be withdrawn by written notice received by the City Purchasing Division prior to the exact hour and date specified for receipt of Proposals in Section 1.3 of this RFP. A Proposal may be withdrawn (in person) by a Proposer or his/her authorized representative, provided his/her identity is made known and he /she signed a receipt for the Proposal, but only if the withdrawal is made prior to the exact hour and date set for the receipt of Proposals. A Proposer may submit an amended Proposal; however, such amended Proposals must be received prior to the exact hour and dare set for receipt of proposal deadline, must be complete replacements of a previously submitted Proposal, and, furthermore, such amended Proposals must be clearly identified as such in the transmittal letter. The City will not merge, collate or assemble Proposal materials for a Proposer. 8 By submission of its proposal, the Proposer affirms that its proposal is firm for one hundred eighty (180) days after the due date for receipt of proposals. The Evaluation Committee "Committee ", as set out in Section 5.1 of this RFP, may make such investigations as necessary to determine the ability of the Proposer to adhere to the requirements specified within the RFP. The Procurement Officer will reject the Proposal of any Proposer who is not a responsible Proposer. Although the specifications in the following sections represent the City's anticipated needs, there may be instances in which it is in the City's interest to permit exceptions to specifications and accept alternatives. It is extremely important that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception and inserted in the Proposal at that point. In addition the Proposer must provide responses on "Exceptions" page to address any and all items found in all bid documents that the Proposer cannot meet or provide. If the Proposer does not make clear that an exception is being taken, the City will assume the Propose, is, in its' proposal, responding to and will meet the specifications of this RFP. Discussions may be conducted with responsible Proposers capable of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. In discussions, there shall not be disclosure of any information derived from Proposals submitted by competing Proposers. Until award of the Contract is made by the City, City reserves the right to reject any or all Proposals, to waive technicalities, to re- advertise for new Proposals, or to proceed with the work in any manner as may be considered in the best interest of the City. Should the City require clarification from the Proposer, the City shall contact the individual named in the ACKNOWLEDGMENT OF RECEIPT AND NOTICE OF INTENT TO SUBMIT PROPOSAL. Evaluation of the proposal is the first step in a series of evaluation steps that will be conducted by the Committee. The City may elect to conduct reference checks on any Proposers who are not eliminated based on their proposal. 9 The City reserves the right, to cancel the RFP at any time. The City reserves the right to reject any or all Proposals submitted in response to this RFP. The fully executed contract, as amended; the request for proposal, as clarified via addenda and the Proposer's proposal constitute the agreement, in its entirety, between the City and the Contractor. Any other terms and conditions shall be null and void. In case of a conflict in the contract documents, first precedence shall be given to the fully executed contract, as amended; second precedence will be given to the request for proposal, as clarified via addenda and third precedence will be give to the Proposer's proposal. The laws of the State of Texas will govern any Contract resulting herefrom. All duties of both parties shall be performed in Nueces County, Texas, where the contract will be executed. The applicable law for legal disputes arising out of the Contract shall be the law of the State of Texas. This RFP in no manner obligates the City or any of its agencies to the eventual services offered until confirmed by an executed written Contract approved by the Corpus Christi City Council. Any additional terms or conditions, which may be the subject of negotiation, will be discussed only between the City and the qualified Proposer. Any Contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Proposer. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Proposer as final. The City Manager will recommend to the City Council that award be made to the Proposer whose Proposal is determined by the City to be the most advantageous ( "Best Overall Value ") to the City. 10 The City reserves the right to withhold final action on Proposals for a reasonable time not to exceed one hundred eighty (180) days subsequent to the deadline for receipt of proposals. The award of the Contract, if an award is made, will be to the most responsible and responsive Proposer that give the City "Best Overall Value" and who's Proposal meets the requirements and criteria set forth in the Request for Proposal. The City Council shall authorize award of the Contact to the successful Proposer and shall designate the successful Proposer ( "Contractor ") as the City's Provider. The City will require the Contractor to sign the necessary documents entering into the required Contract with the City and to provide the necessary evidence of insurance as required under the Contract documents. No contract for this project may be signed by the City without the authorization of the City Council. No contract shall be binding on the City until it has been approved, as to form by the City Attorney or his designee, and executed by the City Manager or his designee. In the case of any doubt or difference of opinion with regard to the items to be furnished by a Proposer or the interpretation of the provisions of this RFP, the decisions of the City shall be final and binding upon all parties. The City reserves the right to negotiate a change in Contractor representatives if the assigned representatives are not, in the opinion of the City, adequately meeting the needs of the City. This Agreement shall commence on the date signed by the last signatory hereto and shall continue for a period of one year subsequent to the date of final acceptance of the Audio/Video Equipment by the City, with an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). By submission of its proposal, the Proposer agrees that the pricing quoted in its proposal is fixed and firm for all Initial One -time Costs and for the duration of the twelve -month terms that make up years 1, 2 and 3 of the Ongoing Annual Cost portion of the Pricing Table. The duration of the contract and/or contract price and any other changes may be made only by an amendment to the contract resulting herefrom, and executed in writing by the City and 11 the Contractor. A request for an extension of the contract period or adjustment of the contract price shall only be considered if such request, with supporting data, is received by the City in writing ten (10) working days prior to the event giving rise to the request. The City may terminate the Contract immediately, for cause, upon written notice to the Contractor. The City may terminate the Contract, with or without cause, upon thirty (30) days written notice to the Contractor. The contractor may terminate this contract, with or without cause upon one hundred twenty days (120) prior written notice to the City. If the City terminates its Contract under the foregoing paragraph, the City shall pay the Contractor for services actually performed prior to such termination, less such payments as have been previously made. Contractor shall not be entitled to any further compensation for work performed by Contractor or anyone under its control or direction from date of receipt of notice of cancellation. including any and all costs related to the transferring of any files to another Contractor or any costs related to the electronic transfer of any information including, but not limited to, tape transfers, downloads, uploads, compact disks, etc. Upon termination of the Contract, the Contractor shall provide the City reproducible copies of all completed work or partially completed documents prepared under the Contract, all such documents thereinafter being owned by the City, within thirty (30) days of such termination and at the Contractor's expense. Upon award of a Contract, the Proposer (Indemnitor) agrees to indemnify, defend and hold the City of Corpus Christi, and its officers, employees, and agents (Indemnitees) harm less from and against any and all liability, loss, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage to property (including property of Indemnitor or Indemnitees), or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees, expert witness fees, the amount of any judgment, penalty, or interest, which arise or are claimed to arise out of or in connection with this contract or the performance of this contract (including, without limiting the foregoing, worker's compensation and death claims) for injuries, death, or damages that are caused by, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or group. Indemnitor specifically agrees to indemnify Indemnitees from the negligence of its employees unless negligence is sole negligence of Indemnitees. Indemnitor must, at its own expense, investigate all claims, attend to their settlement or 12 other disposition, defend Indemnitees in all actions based on those claims with counsel satisfactory to Indemnitees, and pay all attorneys' fees, costs and expenses of every kind and character whatsoever resulting from the claims. Prior to the commencement of any work under this RFP, Proposer shall furnish an original completed Certificate(s) of Insurance to the City which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed directly from the agent to the City. The City shall have no duty to pay or perform under this RFP until such certificate shall have been delivered to the City, and no officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. The City reserves the right to review the insurance requirements of this section during the effective period of any Contract(s) resulting from this RFP and any extension or renewal thereof and to modify insurance coverage and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this RFP, but in no instance will the City allow modification whereupon the City may incur increased risk. A Proposer's financial integrity is of interest to the City, therefore, subject to Proposer's right to maintain reasonable deductibles in such amounts as are approved by the Risk Manager, Proposer shall obtain and maintain in full force and effect for the duration of this proposal, and any extension hereof, at Proposer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company and/or otherwise acceptable to the City, in the following types and amounts: TYPE AMOUNT 1. Workers' Compensation Statutory Employers Liability $500,000 /$500,000 /$500,000 2. Commercial General Liability Insurance a. Premises operations b. Independent Contractors c. Products /completed operations d. Personal Injury e. Contractual Liability 13 Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence or its equivalent 3. Automobile Liability to include: Combined Single Limit for Owned, non -owned or rented vehicles Bodily Injury and Property Damage of $1,000.000 per occurrence or its equivalent 4. Professional Liability Errors and Omissions $1,000,000 per claim to pay on behalf of the insured all sums which Insured shall become legally obligated to pay as damages by reason of any act, malpractice, error or omission in professional services; if written on a "Claims Made" form, must provide for an extended reporting period of twenty - four (24) months after the date the contract expires or is terminated. 5. Property — Inland Marine Coverage to include Full replacement value of Tangible and Intangible Property property — responsibility of the Owner The City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the City, the Proposer shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. Proposer agrees that with respect to the above required insurance, all insurance proposals and Certificate(s) of Insurance will contain the following required provisions. • Name the City and its elected officials, officers, directors, employees, agents, volunteers and representatives as additional insureds (as the interests of each insured may appear), as to all applicable coverages respects operations and activities of, or on behalf of, the named insured performed under proposal with the City, with the exception of professional liability and workers' compensation policies; • The Proposer's insurance shall be deemed primary with respect to any insurance or self insurance carried by the City for liability arising out of operations under the proposal with the City; and 14 • Workers' compensation and employers' liability policy will provide a waiver of subrogation in favor of the City. • Proposer shall notify the City in writing in the event of any notice of cancellation, non - renewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change, or ten (10) days notice for cancellation due to non - payment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following address: City of Corpus Christi Attn: Risk Manager P. 0. Box 9277 Corpus Christi, TX 78469 -9277 If Proposer fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Proposer to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Proposer to stop work hereunder, and/or withhold any payment(s) which become due, to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractors' performance of the work covered under this agreement. All materials, work papers, meeting notes, patient files, or other documents produced by the Contractor during the course of the Contract shall be the property of the City. The original and one copy of all such documents shall be indexed and placed in appropriately labeled binders and delivered by the Contractor to the City within 30 days of the City's request for said documents. Throughout the duration of the procurement process and resulting Contract term, potential Proposers and Contractors must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by the RFP or the resulting Contract. Failure to adhere to this requirement may result in disqualification of the Proposer's Proposal or termination of the Contract. 15 Proposer is hereby notified that Proposer's officers, employees or agents shall not attempt to lobby or influence a vote or recommendation, directly or indirectly, related to the Proposer's proposal submitted in response to this RFP, through any contact with City Council members or other City officials between the deadline for submission of proposals and the date a contract(s) resulting herefrom is awarded by the City Council. Such behavior shall be cause for rejection of the Proposer's proposal at the discretion of the City Manager or his designee. Quantities described herein are estimates and do not obligate the City to order or accept more than the City's actual requirements during the term of any contract resulting herefrom, nor do the estimates limit the City to ordering less than its actual needs during the term of any contract resulting herefrom, subject to availability of appropriated funds. SECTION 3 Scope of Work A. On behalf of the City of Corpus Christi, the Public Information Office (PIO) is soliciting proposals for design, installation, maintenance and support of digital audio /video equipment used in televising live city council meetings and programming via government access television. B. The goal is to increase the quality of both live and pre- recorded programming on the city's government access channel (CCTV /cable channel 20). C. The PIO airs live coverage of City Council and County Commissioners' Court meetings at least six times monthly with multiple replays throughout the week/month. Along with live coverage, the PIO airs a multitude of pre- recorded programming including local, state and national shows. D. The scope of the project would include removal of all existing equipment (PIO retains all equipment) including cabling and installation of new cabling and audio /video equipment. 16 E. The current system for live coverage and replay is based on analog equipment contained in a 12 foot by 13 foot room within council chambers. This system is component based with the following equipment: Lectronics Dr- 175/Lapel Receiver; Lectronics R- 185/Handheld; Telex AAT -2 Soundmate/Personal Listening Receiver; Axcent Integrated Access Controller /AMX; AX8 -Vol.3 / AMX Volume Control; 2 -PS4 -2 /AMX Power Supply; 4 -Shure SCM810/ Microphone Mixers; 2- Insignia DVD/VHS Recorders; Panasonic AG- 1970 /SVHS Recorder; VAC VDA/Genlock Distribution; Burst Electronics VDA- 8/Distribribution Amp; Multisystem Time Base Corrector; 5- Middle Atlantic Products PD- 915R/Power Center; Panasonic AG -DS555 /SVHS; Sony DVP- N557P /CD & DVD Player; Smart Encoder III EN470 /Closed Captioning; Videotek Prodigy Switcher/ Brain & Control; Furman Power Conditioner; Crown 280A/ Power Amplifier; Crown ComTech 210/Power Amplifier; Burst Electronics SG3 /Color Bar Generator; Folio FX8 /Audio Mixer; Fostex 6301 B Audio Monitor; Sony CDP -CX 355 /300 Disc Player; Panasonic CT- 1387 VY/ Color Monitor; 4- Panasonic TR930B/Monitors 9 "; Radio Shack AB Switcher 4 input/VII #APT Camera Controls/Not Used; 4 -1404L Input Switcher/ 3 Used; MM- 400/Vectorscope & Waveform Monitor; Entron VGA Audio Switcher /SW VGA ARS Series; Extron DVS 304/ Video & RGB Scaler; Panasonic AG- A850/Editing Controller; Panasonic AW- RP505/ Multi Hybrid Control Panel; DPS ES- 2200T/Dual TBC; Extron USC- 500 /Scan Converter; Extron RGB 201 R/ VGA Signal Booster; 2- AW- PS300/Power Supply; AW- PS505/ Power Supply, Aw- HB505/ Multi Port Hub; AMX Touch Panel Controller; Panasonic CT -1030 M/10" Monitor; Panasonic CT -S 13904 /Color Video Monitor; Totevision Dual 9" Color Monitors/ 2- NEC 9" Monitors; Videotex Systems (Matrox Digisuite- Inscriber Character Generator PC & Breakout box); Avocent Switchview 4 Port/ KUM Switch; Dell Precision T3400/ Video Encoder PC; Dell Optiplex 755/ Channel 20 Server — CastNet; Optiquest Q110/ 20" Monitor VGA. F. It is critical that current programming or bulletin board continue broadcasting during installation. The current cable company modulators are located in the basement (one floor down from control room) and it will be necessary to devise a temporary system until the new installation is complete. Base pricing proposed should include a provision for upgrades for the two cable system modulators and audio splitters used to broadcast via fiber located at the drop line (City Hall basement). G. Timing of installation will be critical and must be arranged around City Council meetings. Depending on the nature and length of the installation, the installation may be scheduled around a Council break which could include the timeframe around Thanksgiving, Christmas, Spring Break, etc. 17 A. Audio/Video Components and Integration 1. Council Chambers The audio and video systems installed must be integrated to include: new cabling, new static and remote microphones (2- remote with one lapel and one handheld, 18- static), existing computer -based (Windows) PowerPoint presentations conducted via podium (Windows based computer in podium), existing flat panel displays (4- Council Chambers, 2 -Staff Rooms), new staff and Council Monitors (at each seat- 11), new audio jacks for media gallery (4), new digital cameras (5- mounted with remote controls in existing camera locations), new mobile hearing assistance devices for hearing impaired (4 total), new remote camera and audio jack to locate on outside of control room wall for live coverage using a non- mounted camera. 2. Control Room System installed must be integrated to include: new monitors (minimum of 8 with emphasis on character generator and camera angles), new DVD writers (minimum of 4), existing Dell Optiplex 755 (Television Server /Bulletin Board Server), existing Dell Precision T3400 (Video Encoder PC), new multi - camera switcher, new audio components including mixer, new closed captioning system, new video stream components necessary to stream video signal via AT &T Uverse, new character generator and necessary software, new rack mount systems (depending on the number and nature of equipment) and new operator control desk. B. Cabling All cabling for current audio /video system will be removed and rewired with new cable based on the needs of each piece of equipment. There may be a need for scaffolding and/or lifts due to the nature of the ceilings in Council Chambers. C. Training At the end of installation, an on -site training for all equipment and systems will be conducted with all PIO staff and selected City Secretary staff (6 -8 people). D. Support (Off -Site and On -Site) We are seeking an audio /video provider that is available to answer questions, troubleshoot and provide overall support at no additional cost beyond that of price of the annual maintenance agreement. This would include an on -site visit for system maintenance every six months for a period of up to two years. An on -site support provider is required to be in attendance during the entire first live City Council broadcast after installation. A. COUNCIL CHAMBERS 1. Audio Integration 18 a. Does the system allow for integration into existing in -house sound throughout City Hall? b. Does the system have components that can be ordered and replaced easily? c. Does the system allow for remote controls of the sound system within control room? 2. Video Integration a. Does the system have the ability to switch from live, bulletin board, or county audio /video feeds easily? b. Does the system integrate easily with the existing Scala CastNet Bulletin Board system and encoder? c. Does the video system allow for expansion or upgrades? 3. Cabling a. Will the vendor provide detailed design plans, labeled cabling and final schematics? b. Describe any challenging cabling and/or video projects and how you have successfully managed the project? 4. Cameras a. Describe cameras in proposal and functionality. b. Describe white balance function, auto iris and sync to video system? c. Will the cameras be mounted on a pan tilt or similar remote control option? d. What are the zoom capabilities? e. How many chip sensors are in the proposed cameras? B. CONTROL ROOM 1. Scala Integration a. Does the video system integrate with existing Scala CastNet scheduler, bulletin board and encoder? b. Describe any experience in integrating with Scala 5? 2. Video Capture a. What type of character generator is proposed? Describe and list software. b. Describe closed captioning? c. Describe overall use of video and any innovation related to proposal? 3. Audio a. Is all audio recorded in stereo? Describe proposed audio system? C. INNOVATION 1. Describe any innovative processes or equipment improvement the proposer is using in the cabling, installation or equipment? 2. Does the system allow for high definition or upgrades to high definition? 19 D. SUPPORT 1. Does your company provide free telephone and/or electronic support? What days of the week and hours of the day? 2. How long would it take to have an on -site service call in an emergency? 3. Describe items (i.e. parts, labor, on -site service calls, etc.) covered under the warranty you will offer the City and the duration of the warranty. E. Presuming the Proposer receives a Purchase Order on October 1, 2009, provide the lead time necessary for Proposer to receive all components necessary to begin installation. F. Provide the number of days required to complete installation from beginning to final completion. G. The City's payment terms are net 30 days from the date the City is in receipt of a valid invoice. Alternate terms that may enhance your proposal are encouraged. Please be specific. H. Do you accept credit cards? If so, do you offer a discount for using a credit card and how much? Is this in addition to any other discounts? I. If another local governmental entity operating within the City limits of Corpus Christi, TX wishes to obtain the same service at the same price enumerated in Proposer's proposal, will the Proposer honor the specifics of Proposer' s proposal, including price? Any such arrangement will be between the other local governmental entity and the Proposer (this question is for information only; it will not be factored into the evaluation of your proposal). A. Summarize your experience/history in the audio /video design, installation, maintenance & support business. B. Provide the number and size of municipalities to whom you have provided design, installation, maintenance and/or support services. C. Summarize any certifications and government procurement experience. D. Using the format outlined below, the Proposer should provide three current client references and three former client references for which the same service has been provided. This information will be used to determine the extent to which the Proposer is able to provide the services described herein to an entity the size of the City of Corpus Christi, as well as the level of customer service exhibited by the Proposer. 20 21 a. CURRENT CLIENT Reference 1 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of Users: Description of services provided: b. CURRENT CLIENT Reference 2 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of Users: Description of services provided: c. CURRENT CLIENT Reference 3 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of Users: Description of services provided: 22 d. FORMER CLIENT Reference 1 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of Users: Description of services provided: Reason for termination: e. FORMER CLIENT Reference 2 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of Users: Description of services provided: Reason for termination: f. FORMER CLIENT Reference 3 Organization name: Contact and title: Address: Phone number: Effective date of contract: Number of Users: Description of services provided: Reason for termination: 23 ALL PRICING MUST BE QUOTED IN THE ATTACHED EXCEL DOCUMENT TITLED: PRICING TABLE. A. Pricing quoted herein must include all demolition, installation and equipment discussed herein, as well as any other costs, directly or indirectly related to the provision of services described herein. B. All pricing quoted herein must include initial, one -time costs such as design, labor, equipment (including cabling), purchase of software, customization (if any), initial training, support and warranty. Initial One -time Costs — include, but may not be limited to: 1. Design 2. Labor 3. Equipment 4. Training 5. Support 6. Warranty Ongoing Annual Costs — include, but may not be limited to: 1. Support 2. Maintenance agreement 3. On -site service call NOTE: Ongoing annual costs include only those costs not covered under the warranty offered by Proposer. 24 Please complete the Pricing Table below. This format may be modified if required, however, all requested items and any /all fees relating to this contract must be included. The City shall not pay any fees /costs not enumerated in this pricing table. PRICING TABLE One -Time Costs Base Cost Any Upgrade Available & What Cost Design and schematics Training Demolition & Cabling Labor Upgrades/Updates Cabling Equipment (detail all equipment on separate rows with costs) Installation Technical Support Software On -Site Service Call Training License Fees Technical Support TOTAL ANNUAL COST Travel and/or Onsite Costs Any other costs (please describe): TOTAL ONE -TIME COSTS Ongoing Annual Costs Year 1 Year 2 Year 3 Training Upgrades/Updates License Fees Technical Support On -Site Service Call Any other costs (please describe): TOTAL ANNUAL COST NOTE: Ongoing annual costs include only those costs not covered under the warranty offered by Proposer. 25 SECTION 4 Proposal Format & Organization This section provides specific instructions on format and organization of the proposal to be submitted by the Proposer. Each Proposer may submit only one Proposal in a totally self - supporting format without reference to any other proposal(s). To provide for ease and uniformity and to aid in the evaluation of proposals, Proposers shall comply with the sequence outlined herein. IN NUMBERING THE PROPOSAL, THE PROPOSER SHALL USE THE SAME SECTION NUMBERS AND TITLES AND SHALL PROVIDE ITS RESPONSES IN THE SAME ORDER AS EACH QUESTION IS NUMBERED AND ORDERED HEREIN. Failure to comply may result in rejection of the proposal. The proposal shall be completed in sections, which are described below. For ease in handling, Proposers shall submit the Proposal on 8.5" x 11" paper (larger paper is permissible for charts, maps or spreadsheets) with tabs delineating each section and bind the proposals using three -ring binders or similar means of binding. Proposers should be aware that all technical and operational specifications, equipment descriptions and marketing material submitted or made available will be incorporated by reference into any contract(s) resulting herefrom. The City discourages the inclusion of general marketing material or equipment manuals unless they are used to provide specific information or specifically requested by the City. This information may be submitted under separate cover from the proposal. The Proposer shall provide one (1) original and six (6) identical copies of their proposal to the location specified in Section 1.2 on or before the closing date and time as specified in Section 1.3. Proposals transmitted orally, telephonically, electronically or via facsimile shall not be considered. Proposer shall submit the following on one compact disc or flash (thumb) drive: 1. Proposal in Microsoft Word format. 26 2. Pricing Table in Microsoft Excel format. Please refer to the following web page for an electronic version of the RFP and Pricing Table: http:// www. cctexas .com/purchasing/admin/webrpt bidscurrent.cfm This section outlines the minimum requirements for preparation and presentation of a response. The Proposer shall define the capabilities of their organization to supply and maintain the goods /services as requested in this RFP. The response should be specific and complete in every detail and prepared in a simple and straightforward manner. Proposers are expected to examine the entire RFP including all specifications, standard provisions and instructions. Failure to do so will be at the Proposer's risk. Proposers should provide their best pricing on each type of good/service. The transmittal letter shall indicate the intention of the Proposer to adhere to the provision described in the RFP without modification. The letter of transmittal MUST: 1. Be presented on company letterhead; 2. Identify the submitting organization; 3. Explicitly indicate acceptance of the requirements as described in the RFP Requirements; 4. Acknowledge receipt of any addenda to this RFP; 5. Reference the City of Corpus Christi Minority Business Enterprise Information Form and Disclosure of Interest Form, the completed versions of which should follow the transmittal letter; and, 6. Identify, by name and title, and be signed by the person authorized by the organization to obligate the organization contractually and include the completed, signed and dated service agreement immediately after the Disclosure of Interest Form. A table of contents, listing titles, sections, and major sub - sections shall follow the Disclosure of Interest form referenced above. All pages shall have a unique identifier and be numbered sequentially within each section. 27 SECTION 5 Proposal Evaluation The City of Corpus Christi will conduct a comprehensive, fair and impartial evaluation of all Proposals received in response to this RFP. Each Proposal will first be analyzed to determine overall responsiveness and completeness as defined in Section 4.0 Proposal Format and Organization and Section 5.2 Evaluation Criteria. Failure to comply with the instructions or submissions of an incomplete Proposal that does not satisfy Section 4.0 and 5.2 may result in the proposal being deemed non - responsive and may, at the discretion of the Committee, as defined in Section 5.1 below, be eliminated from further consideration. An Evaluation Committee ( "Committee ") has been established to assist the City in the selection of a qualified Proposer. The Committee is comprised of representatives from various using departments. Committee will determine the responsiveness and acceptability of each Proposal. The Committee will then engage in a detailed review of each Proposal to evaluate the response in relation to the four (4) major evaluation factors identified in Section 5.2. A. The proposal evaluation and selection process will be based on the following criteria: 1) Technical Solution, 2) Proposer's Profile & Qualifications, 3) Pricing and 4) Exceptions. The final weight assigned to each of these parameters will be determined by the Evaluation Committee and will be within the ranges for each criterion as indicated below. Some of the criteria contained within this model may look similar to the following Proposed Evaluation Model. Each Proposer shall provide detailed responses including reference to any existing "in- house" procedures, policies, etc. as they reference all requirements of this RFP. In determining "Best Overall Value ", the Evaluation Committee will evaluate the entire proposal, including, but not limited to, the criteria enumerated in Sections 3.3, 3.4 and 3.5 of this RFP and any exceptions taken. Technical Solution (Section 3.3) 25 -35% Proposer's Profile & Pricing Qualifications f (Section 3.5) (Section 3.4) 20 -30 % 25 -35% 28 Exceptions Total 5-15% 100% B. The Evaluation Committee shall determine the final percentage assigned to each proposed evaluation criterion. In no case shall the percentage assigned to each criterion be smaller or greater than the stated minimum or maximum, respectively. The sum of the final percentages for all criteria shall equal 100%. C. The Proposer's failure to provide information relative to the above criteria may result in the City deeming such proposal non - responsive and may, at the discretion of the Committee, as defined in the paragraphs above, result in elimination of said proposal from further consideration. The Committee reserves the right to conduct other evaluation and measurements of the proposals as may be necessary to make an informed decision. 29 EXCEPTIONS FORM Proposer: Document Exceptions Proposer shall clearly state the exception and the reason for taking exception. Proposer shall describe each item and state clearly any price consequences. Important Note : The Proposer must complete this form. If the Proposer has no objection or exception, the Proposer should indicate "NONE" on this page. The completed form must be included with each copy of the proposal submitted. Proposer Authorized Signature Name of Proposer's Authorized Representative (Print) Telephone Number (_ _ _) - Date: / / 30 SERVICE AGREEMENT for Audio/Video Equipment Used in Broadcasting Government Access Television THIS service agreement ( "Agreement ") is entered into by and between (the "Contractor ") a (organizational status -- corporation, sole proprietorship, LLC, LLP, Partnership), and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager or his designee. WHEREAS Contractor has proposed to provide Design, Installation, Maintenance & Support of Audio/Video Equipment Used in Broadcasting Government Access Television in response to Request for Proposal (RFP) No. BI- 0230 -09. WHEREAS the City has determined Contractor to be the Best Value Supplier; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide: A. Design and Installation of Audio/Video Equipment Used in Broadcasting Government Access Television in accordance with RFP No. BI- 0230 -09. B. Maintenance and Support of Audio/Video Equipment Used in Broadcasting Government Access Television in accordance with RFP No. BI- 0230 -09 for a period of one year with an option to extend for up to two additional one -year periods. 2. Term. This Agreement shall commence on the date signed by the last signatory hereto and shall continue for a period of one year subsequent to the date of final acceptance of the Audio/Video Equipment by the City, with an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager "). 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor' s notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Public Information Director. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of Contractor be considered as an employee of the City. 5. Insurance. Before activities can begin under this Agreement, Contractor must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by first class mail. The City must be named as an Additional Insured on commercial general liability and automobile liability coverage. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are incorporated by reference in Exhibit A and may be revised annually by the City Manager upon 30 days written notice to Contractor. 6. Assignment. No assignment of this Agreement or any right or interest therein by Contractor except to its parent or subsidiary is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as expenditure in said budget. The City does not represent that said budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Indemnification. (Indemnitor) agrees to indemnify, defend and hold the City of Corpus Christi and its officers, employees, and agents (Indemnitees) harmless from and against any and all liability, loss, claims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage to property (including property of Indemnitor or Indemnitees), or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees, expert witness fees, the amount of any judgment, penalty, or interest, which arise or are claimed to arise out of or in connection with this contract or the performance of this contract (induding, without limiting the foregoing, worker's compensation and death claims) for injuries, death, or damages that are caused by, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or group. Indemnitor specifically agrees to indemnify Indemnitees from the negligence of its employees unless negligence is sole negligence of Indemnitees. Indemnitor must, at its own expense, investigate all claims, attend to their settlement or other disposition, defend Indemnitees in all actions based on those claims with counsel satisfactory to Indemnitees, and pay all attorneys' fees, costs and expenses of every kind and character whatsoever resulting from the claims. 9. Waiver. No waiver of any breach of any term or condition of this Agreement, or Contractor' s proposal submitted in response to RFP No. BI -0230- 09 waives any subsequent breach of the same. 10. Compliance with laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas and or on property owned/or leased by the City of Corpus Christi, TX. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 11. Subcontractors. Contractor may not use subcontractors in connection with the work performed under this Agreement. 12. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 13. Termination. The City Manager may terminate this Agreement for Contractor' s failure to perform the services specified in RFP No. BI- 0230 -09. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The City may terminate this Agreement at any time, pursuant to the provisions of 2.39 of the RFP. The Contractor may terminate this Agreement upon 60 days prior written notice for the City's failure to perform or fulfill its obligations as set forth in this Agreement. 14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefor. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. 15. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy, which is a Zero Tolerance policy that eliminates drugs in the workplace. 16. Notice. Notice may be given by facsimile, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Public Information Director P.O. Box 9277 Corpus Christi, Texas 78469 -9277 FAX No.: (361) 826- 3177 IF TO CONTRACTOR: Contractor Name: Contact Person: Address: City, State, Zip: Fax No.: SIGNED this day of ,2009. CONTRACTOR: Name: Title: CITY OF CORPUS CHRISTI Michael Barrera Date Assistant Director of Financial Services APPROVED AS TO FORM THIS DAY OF , 2009 Mary Kay Fischer, CITY ATTORNEY BY: Veronica Ocanas, Assistant City Attorney Incorporated by reference: Exhibit A: RFP No. BI- 0230 -09 Exhibit B: Proposer's Proposal CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: ❑ YES ❑ NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC F-7 NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Certified HUB: http://www.window.state.tx.us/procurement/Drog/hub/ ❑ YES ❑ NO - LOCAL SMALL BUSINESS (LSB) A for -profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas DYES ❑ OTHER (PLEASE NO SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- Firm Name: Telephone: - Ext. Address: Fax: City: State: Zip: E -mail: Date: Signature of Person Authorized to Sign Form Signer's Name: Title: (Please print or type) vru.. City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: (Type or Print) Title: Signature of Certifying Date: Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non - profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. REQUEST FOR PROPOSAL ADDENDUM CITY OF CORPUS CHRISTI PURCHASING DIVISION Request for Proposal No.: BI- 0230 -09 Addendum No.: 2 September 1, 2009 Prospective Proposers are hereby notified of the following modifications to Request for Proposal No. BI- 0230-09. All terms, conditions and specifications of the original Request for Proposal not in conflict with this addendum remain unchanged and continue in full force and effect. I. The Pre- proposal Conference Attendance Sheet is attached herewith on the following page: CITY OF CORPUS CHRISTI PURCHASING DIVISION August 20, 2009 Pre - proposal Conference Attendance Sheet 2:00 P.M. BI- 0230 -09 RFP - Design, Installation, Maintenance, & Support of AudioNideo Equipment Used In Broadcasting Government Access Television Programming COMPANY NAME (PLEASE PRINT) /0/6114 rni AL. 4vbtn /vrt. o ,5',V2Si ;77 i4e "I:u /i. iso eJe -1 diti.cs NAME (PLEASE PRINT) SASS 47:144.1 070.42.0S' PHONE NUMBER 7/3 -53S- 2 3•fra FAX NUMBER ..713- sr9 - ?A7.3 7/1-535"..13 6.8 713 -3 (/ -2e2</ Lj 1t of 361- 91- 33/; -- .3 /•44. ct/ 4/9.)717 Fora. /14o 62.1464ts it( Au 15a4 ao A if 11 b-, of (1004Ornua tM VAtZt q61-4- G rig 11#1 4Reet.t. 210) 825.736/ 2/o) 4177427/ S,z 41117 UPS 512 41117 0111 -O 3 -713 - 3is -a)77- 3b4 - 8 ?3-9' aD8' 3(v/ 1414h 3 &1- lL-q/11 6141- $ae'521P OW 9. 0#1-6-317 "ALL OTHER ITEMS AND CONDITIONS REMAIN UNCHANGED" Paul Pierce Procurement Manager ACKNOWLEDGED BY: Media Rushworks, LLC dba RUSHWORKS - - 1 � 9/10/09 FIRM NAME AUTHORIZ SIGNATURE DATE ONE ORIGINAL SIGNED AND DATED ADDENDUM 2 AND SIX COPIES OF THIS ORIGINAL SIGNED AND DATED ADDENDUM 2 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR PROPOSAL. REQUEST FOR PROPOSAL ADDENDUM CITY OF CORPUS CHRISTI PURCHASING DIVISION Request for Proposal No.: BI- 0230 -09 Addendum No.: 1 August 31, 2009 Prospective Proposers are hereby notified of the following modifications to Request for Proposal No. BI- 0230-09. All terms, conditions and specifications of the original Request for Proposal not in conflict with this addendum remain unchanged and continue in full force and effect. I. The following questions were posed by prospective Proposers and are answered, herein, by the City of Corpus Christi, Texas: 1. QUESTION: Do you have floor plan drawings of the Council Chamber and the AV room in an electronic format (DWG- DXF -PDF)? If yes can we can a copy? ANSWER: Council Chambers — Yes (see attachments) AV Room — No 2. QUESTION: Can you provide us with a list of make and model numbers of your present Cameras and Lens? ANSWER: Cameras — Panasonic AW -E600P Lens- Fuginon AW -S 14X8MD Pan Tilt - Panasonic AWPH300AP 3. QUESTION: Can you provide us with the make and model number of thee LCD monitor within your podium? ANSWER: Dell 1703 FPS 4. QUESTION: Do you prefer to use the current LCD monitor within the podium or have it replaced? ANSWER: Replace with compatible monitor. 5. QUESTION: What is the white button or light on the side of each Council Members monitor used for? ANSWER: When a council member wishes to speak, they depress the button. The system then alerts the Mayor. The system sets the requests in order as they are received. The Mayor can view the order in which the buttons were depressed on a small panel at his seat. 6. QUESTION: Aux camera connection to be located outside the AV room: Is the equipment, i. e. non mounted camera, tripod, etc., part of the requirement? ANSWER: No. 7. QUESTION: Are proposers to use the same speakers? ANSWER: Building Speakers - Yes Audio monitors at Council seats — No. 8. QUESTION: Are proposers to use the same audio in control room? ANSWER: No. New system needs to interface with existing house speakers and provide warranty. 9. QUESTION: Engineering wiring schematics? ANSWER: Those that are available are attached. 10. QUESTION: The encoder — What software and hardware is currently being used? ANSWER: Software: Scala 5 (Castnet) Hardware: Dell Optiplex detailed in RFP. 11. QUESTION: The encoder — How are you getting program into the current encoder? ANSWER: Composite video. 12. QUESTION: The encoder — What is [sic] the audio /video input types into the encoder? ANSWER: Composite video. 13. QUESTION: The encoder — How are you transferring audio/ video files to the Scala system? ANSWER: Network. 14. QUESTION: The encoder — Is the city opposed to using an encoder that can handle MPEG 4 instead of MPEG 2? It is our experience that it is a better quality file format. ANSWER: The City is not opposed, so long as the Scala 5 server is compatible. 15. QUESTION: Does the city want video editing capabilities as an option? ANSWER: No. 16. QUESTION: Are there plans to Web stream? a. If so should it be added to this proposal? b. If so do you have an internal or external web provider? c. If so what are the archiving plans? ANSWER: Yes, there are plans to web stream — Uverse. a. Yes. It should be listed in Uverse documentation as an approved encoder. Proposer should include equipment with 2 ports. b. Internal. c. The City has not yet decided. 17. QUESTION: Is the city looking for voting capabilities as an option in this system design? ANSWER: No. 18. QUESTION: Does the City of Corpus Christi have plans for this system to be 16 by 9 and eventually HD? ANSWER: 16 x 9, Yes. HD is dependent on cable provider. 19. QUESTION: What audio and video signal format does each of the cable providers require? a. Grande b. Warner c. ATT Uverse ANSWER: a. Current signal converts to fiber in basement. b. Current signal converts to fiber in basement. c. New service to implement after equipment upgrade. See attached Uverse documentation. 20. QUESTION: May we get the make and model number of the existing modulators and cable feed boxes? ANSWER: Time Warner Standard TVM 550 RF in and RF out to Fiber Transmitter Fiber Transmitter (CBLNINX -1) Grande Radiant Communications #VAB700S- T -UAC57 (TX) Radiant Communications #VAB 700S — T -UAC (RX) RF in and Fiber out (This system loops to receive Time Warner signal for rebroadcast). 21. QUESTION: Are Cable Providers listed above providing better modulators /cable feed boxes with higher resolution inputs? ANSWER: No. Proposers should include upgraded modulators and connection to current providers' drops. "ALL OTHER ITEMS AND CONDITIONS REMAIN UNCHANGED" Paul Pierce Procurement Manager ACKNOWLEDGED BY: Media Rushworks, LLC dba RUSHWORKS FIRM NAME lr _ 9/10/09 • UTHORIZED SI ti URE DATE ONE ORIGINAL SIGNED AND DATED ADDENDUM 1 AND SIX COPIES OF THIS ORIGINAL SIGNED AND DATED ADDENDUM 1 MUST BE RETURNED TO THE PURCHASING DIVISION WITH YOUR PROPOSAL. The Proposer must specifically accept the project requirements by paragraph number contained within Sections 2.0, Conditions Governing the Procurement and 3.0, Scope of Work, in the transmittal letter as set forth in Section 4.3 of this RFP. The Proposer must submit, with each copy of the Proposal, a complete set of any additional terms and conditions proposed for inclusion in the sample Contract enclosed herein. Although the specifications in the following sections represent the City's anticipated needs, there may be instances in which it is in the City's interest to permit exceptions to specifications and accept alternatives. It is extremely important that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions, or qualifications to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception and inserted in the Proposal at that point. In addition the Proposer must provide responses on "Exceptions" page to address any and all items found in all bid documents that the Proposer cannot meet or provide. If the Proposer does not make clear that an exception is being taken, the City will assume the Propose, is, in its' proposal, responding to and will meet the specifications of this RFP. TYPE AMOUNT 1. Workers' Compensation Statutory Employers Liability $500,000 /$500,000/$500,000 2. Commercial General Liability Insurance a. Premises operations b. Independent Contractors c. Products /completed operations d. Personal Injury e. Contractual Liability 1. Automobile Liability to include: Owned, non -owned or rented vehicles 2. Professional Liability Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence or its equivalent Combined Single Limit for Bodily Injury and Property Damage of $1,000.000 per occurrence or its equivalent Errors and Omissions $1,000,000 per claim to pay on behalf of the insured all sums which Insured shall become legally obligated to pay as damages by reason of any act, malpractice, error or omission in professional services; if written on a "Claims Made" form, must provide for an extended reporting period of twenty - four (24) months after the date the contract expires or is terminated. 5. Property — Inland Marine Coverage to include Full replacement value of Tangible and Intangible Property property — responsibility of the Owner The City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the City, the Proposer shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. Proposer agrees that with respect to the above required insurance, all insurance proposals and Certificate(s) of Insurance will contain the following required provisions. • Name the City and its elected officials, officers, directors, employees, agents, volunteers and representatives as additional insureds (as the interests of each insured may appear), as to all applicable coverages respects operations and activities of, or on behalf of, the named insured performed under proposal with the City, with the exception of professional liability and workers' compensation policies; • The Proposer's insurance shall be deemed primary with respect to any insurance or self insurance carried by the City for liability arising out of operations under the proposal with the City; and • Workers' compensation and employers' liability policy will provide a waiver of subrogation in favor of the City. • Proposer shall notify the City in writing in the event of any notice of cancellation, non - renewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change, or ten (10) days notice for cancellation due to non - payment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following address: City of Corpus Christi Attn: Risk Manager P. O. Box 9277 Corpus Christi, TX 78469 -9277 If Proposer fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Proposer to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Proposer to stop work hereunder, and/or withhold any payment(s) which become due, to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractors' performance of the work covered under this agreement. SECTION 3 Scope of Work A. On behalf of the City of Corpus Christi, the Public Information Office (PIO) is soliciting proposals for design, installation, maintenance and support of digital audio /video equipment used in televising live city council meetings and programming via government access television. B. The goal is to increase the quality of both live and pre- recorded programming on the city's government access channel (CCTV /cable channel 20). C. The PIO airs live coverage of City Council and County Commissioners' Court meetings at least six times monthly with multiple replays throughout the week/month. Along with live coverage, the PIO airs a multitude of pre- recorded programming including local, state and national shows. D. The scope of the project would include removal of all existing equipment (PIO retains all equipment) including cabling and installation of new cabling and audio /video equipment. E. The current system for live coverage and replay is based on analog equipment contained in a 12 foot by 13 foot room within council chambers. This system is component based with the following equipment: Lectronics Dr -175 /Lapel Receiver; Lectronics R -185 /Handheld; Telex AAT -2 Soundmate/Personal Listening Receiver; Axcent Integrated Access Controller /AMX; AX8 -Vol.3 / AMX Volume Control; 2 -PS4 -2 /AMX Power Supply; 4 -Shure SCM810/ Microphone Mixers; 2- Insignia DVD/VHS Recorders; Panasonic AG- 1970 /SVHS Recorder; VAC VDA/Genlock Distribution; Burst Electronics VDA- 8/Distribribution Amp; Multisystem Time Base Corrector; 5- Middle Atlantic Products PD- 915R/Power Center; Panasonic AG -DS555 /SVHS; Sony DVP- N557P /CD & DVD Player; Smart Encoder III EN470 /Closed Captioning; Videotek Prodigy Switcher/ Brain & Control; Furman Power Conditioner; Crown 280A/ Power Amplifier; Crown ComTech 210/Power Amplifier; Burst Electronics SG3 /Color Bar Generator; Folio FX8 /Audio Mixer; Fostex 6301 B Audio Monitor; Sony CDP -CX 355 /300 Disc Player; Panasonic CT- 1387 VY/ Color Monitor; 4- Panasonic TR930B/Monitors 9"; Radio Shack AB Switcher 4 input/VII #APT Camera Controls/Not Used; 4 -1404L Input Switcher/ 3 Used; MM- 400/Vectorscope & Waveform Monitor; Entron VGA Audio Switcher /SW VGA ARS Series; Extron DVS 304/ Video & RGB Scaler; Panasonic AG- A850/Editing Controller; Panasonic AW- RP505/ Multi Hybrid Control Panel; DPS ES- 2200T/Dual TBC; Extron USC -500 /Scan Converter; Extron RGB 201 R/ VGA Signal Booster; 2- AW- PS300/Power Supply; AW- PS505/ Power Supply, Aw- HB505/ Multi Port Hub; AMX Touch Panel Controller; Panasonic CT -1030 M /10" Monitor; Panasonic CT- S13904 /Color Video Monitor; Totevision Dual 9" Color Monitors/ 2- NEC 9" Monitors; Videotex Systems (Matrox Digisuite- Inscriber Character Generator PC & Breakout box); Avocent Switchview 4 Port/ KUM Switch; Dell Precision T3400/ Video Encoder PC; Dell Optiplex 755/ Channel 20 Server — CastNet; Optiquest Q110/ 20" Monitor VGA. F. It is critical that current programming or bulletin board continue broadcasting during installation. The current cable company modulators are located in the basement (one floor down from control room) and it will be necessary to devise a temporary system until the new installation is complete. Base pricing proposed should include a provision for upgrades for the two cable system modulators and audio splitters used to broadcast via fiber located at the drop line (City Hall basement). G. Timing of installation will be critical and must be arranged around City Council meetings. Depending on the nature and length of the installation, the installation may be scheduled around a Council break which could include the timeframe around Thanksgiving, Christmas, Spring Break, etc. 77 Ey ly9 A. Audio/Video Components and Integration 1. Council Chambers The audio and video systems installed must be integrated to include: new cabling, new static and remote microphones (2- remote with one lapel and one handheld, 18- static), existing computer -based (Windows) PowerPoint presentations conducted via podium (Windows based computer in podium), existing flat panel displays (4- Council Chambers, 2 -Staff Rooms), new staff and Council Monitors (at each seat- 11), new audio jacks for media gallery (4), new digital cameras (5- mounted with remote controls in existing camera locations), new mobile hearing assistance devices for hearing impaired (4 total), new remote camera and audio jack to locate on outside of control room wall for live coverage using a non- mounted camera. 2. Control Room System installed must be integrated to include: new monitors (minimum of 8 with emphasis on character generator and camera angles), new DVD writers (minimum of 4), existing Dell Optiplex 755 (Television Server/Bulletin Board Server), existing Dell Precision T3400 (Video Encoder PC), new multi - camera switcher, new audio components including mixer, new closed captioning system, new video stream components necessary to stream video signal via AT &T Uverse, new character generator and necessary software, new rack mount systems (depending on the number and nature of equipment) and new operator control desk. B. Cabling All cabling for current audio /video system will be removed and rewired with new cable based on the needs of each piece of equipment. There may be a need for scaffolding and/or lifts due to the nature of the ceilings in Council Chambers. C. Training At the end of installation, an on -site training for all equipment and systems will be conducted with all PIO staff and selected City Secretary staff (6 -8 people). D. Support (Off-Site and On -Site) We are seeking an audio /video provider that is available to answer questions, troubleshoot and provide overall support at no additional cost beyond that of price of the annual maintenance agreement. This would include an on -site visit for system maintenance every six months for a period of up to two years. An on -site support provider is required to be in attendance during the entire first live City Council broadcast after installation. A. COUNCIL CHAMBERS 1. Audio Integration a. Does the system allow for integration into existing in -house sound throughout City Hall? YES. BUT TO BE CLEAR, THE PROPOSAL SPECIFIES THE REMOVAL OF ALL EQUIPMENT AND WIRING, EXCEPT FOR THE IN- CEILING SPEAKERS AND LARGE - SCREEN MONITORS IN THE CHAMBER AND WORK ROOM. THIS WOULD INCLUDE THE POWER AMPLIFIERS THAT DRIVE THE EXISTING IN- CEILING SPEAKERS. OUR PROPOSAL INCLUDES THE REPLACEMENT OF THE TWO POWER AMPLIFIERS (CROWN 280A AND 210) THAT ARE CURRENTLY IN PLACE FOR ROOM SOUND REINFORCEMENT b. Does the system have components that can be ordered and replaced easily? YES. VIRTUALLY ALL HARDWARE COMPONENTS ARE OFF - THE - SHELF, INCLUDING COMPUTER SYSTEM COMPONENTS WITH A THREE -YEAR WARRANTY. THUS THEY ARE QUICKLY AND EASILY REPLACED. c. Does the system allow for remote controls of the sound system within control room? YES. THE SOUND SYSTEM ELEMENTS, INCLUDING MICROPHONES, AMPLIFIERS AND SPEAKERS, ARE ALL CONTROLLED FROM THE DESIGNATED CONTROL ROOM BY THE SYSTEMS INCLUDED IN THIS RFP. 2. Video Integration a. Does the system have the ability to switch from live, bulletin board, or county audio /video feeds easily? YES. AN AUDIO/VIDEO SWITCHER IS INCLUDED IN THE SYSTEM COMPONENTS. b. Does the system integrate easily with the existing Scala CastNet Bulletin Board system and encoder? YES. HOWEVER, THESE SYSTEMS FUNCTION INDEPENDENTLY FROM EACH OTHER, INTEGRATED THROUGH NETWORK CONNECTIVITY AND HARDWARE ROUTING. FOR EXAMPLE, AFTER A MEETING IS ENCODED WITH VDESK, THE CAPTURED FILE CAN BE TRANSFERRED IMMEDIATELY TO THE SCALA CASTNET SYSTEM FOR SCHEDULING AND PLAYBACK. c. Does the video system allow for expansion or upgrades? YES. YOU CAN ADD MORE CAMERAS, DIFFERENT CAMERAS, MORE STORAGE, AND DEVELOPED FEATURES AT ANY TIME. 3. Cabling a. Will the vendor provide detailed design plans, labeled cabling and final schematics? YES. b. Describe any challenging cabling and/or video projects and how you have successfully managed the project? MANY OF OUR INSTALLATIONS REQUIRE "SMALL SYSTEM INTEGRATION ". TYPICALLY A MUNICIPALITY WILL ACQUIRE EQUIPMENT OVER TIME, BUT THE VENDORS WHO PROVIDE IT, AS WELL AS THE THOSE DESIGNATED TO USE IT, CHANGE FREQUENTLY. RECENT PROJECTS FOR THE CITY OF WACO AND THE CITY OF DENTON BOTH REQUIRED SIGNIFICANT "MAKEOVERS" IN RETIRING OLD, UNDOCUMENTED SYSTEMS AND WIRING ... AND INSTALLING END -TO -END DIGITAL INFRASTRUCTURES. FORTUNATELY, DIGITAL TECHNOLOGY IS A GREAT DEAL LESS COMPLEX THAN ANALOG, SO BY COMPARISON THE REPLACEMENT SYSTEMS REQUIRE VERY FEW PIECES OF EQUIPMENT. WACO WANTED TO BE THE FIRST MUNICIPALITY TO CABLECAST IN HD, SO WE DESIGNED THEIR SYSTEM FOR END -TO -END HD OPERATIONS. THEY PROVIDE FEEDS TO BOTH TIME WARNER AND GRANDE. REFERENCES ARE INCLUDED IN THE APPROPRIATE SECTION OF THIS RFP. 4. Cameras a. Describe cameras in proposal and functionality. THE CAMERAS ARE SONY BRC -Z330 SD/HD PTZ CAMERAS THAT ALLOW YOU TO PRODUCE IN EITHER MODE. THEY UTILIZE A 1/3 TYPE 2 MEGAPIXEL CMOS SENSOR WITH 1080I, 720P AND SD OUTPUT. THEY HAVE AN ATTRACTIVE 18:1 OPTICAL ZOOM LENS WITH 4X DIGITAL ZOOM CAPABILITY. THE CAMERAS ARE SMALL AND OPERATE VIRTUALLY NOISELESSLY. b. Describe white balance function, auto iris and sync to video system? THE CAMERAS PROVIDE A FULL RANGE OF CONTROL FUNCTIONS ACCESSIBLE THROUGH OUR SOFTWARE, INCLUDING WHITE AND AUTO BALANCE, AUTO IRIS AND AUTO AE (AUTO EXPOSURE), AND CAN BE GENLOCKED WITH AN EXTERNAL SYNC REFERENCE. HOWEVER, THE PANASONIC HD /SD -SDI SWITCHER WE UTILIZE PROVIDES INTERNAL FRAME SYNCRONIZATION OF THE CAMERA INPUTS. c. Will the cameras be mounted on a pan tilt or similar remote control option? THE CAMERAS ARE SINGLE PIECE, INTEGRATED UNITS. d. What are the zoom capabilities? 18:1 OPTICAL PLUS 4X DIGITAL; TOTAL 72X e. How many chip sensors are in the proposed cameras? A SINGLE 1/3 TYPE 2 MEGAPIXEL CMOS SENSOR. B. CONTROL ROOM 1. Scala Integration a. Does the video system integrate with existing Scala CastNet scheduler, bulletin board and encoder? THE VDESK SOLUTION IS A CONTENT ACQUISITION SYSTEM WHICH ENCODES MEETING TO EITHER MPEG -2 OR DV -AVI FILES. SCALA IS A DEDICATED PLAYBACK SYSTEM USED TO SCHEDULE AND DISPLAY CONTENT. THUS THE MEETING FILES ARE TRANSFERRED TO THE SCALA DEVICE VIA A NETWORK CONNECTION ... OR AN ALTERNATE METHOD SUCH AS EXTERNAL HARD DRIVE CONNECTIONS. HOWEVER, PUTTING BOTH SYSTEMS ON A NETWORK IS THE IDEAL SCENARIO. b. Describe any experience in integrating with Scala 5? SCALA PROVIDES THE SAME FUNCTION AS OUR MULTIZONE INTEGRATED MEDIA SERVER, WHICH PRESENTS THE SAME BULLETIN BOARD /SERVER FUNCTIONALITY AS THE SCALA. INTEGRATION IS SIMPLY A MATTER OF NETWORK CONNECTIVITY AND VIDEO /AUDIO ROUTING, WHICH IS DESIGNED INTO THE PROPOSED ARCHITECTURE. 2. Video Capture a. What type of character generator is proposed? Describe and list software. THE VDESK SYSTEM IS BUNDLED WITH BOTH ADOBE PREMIERE ELEMENTS AND PHOTOSHOP ELEMENTS. WE HAVE DESIGNED THE SYSTEM TO INCORPORATE THE IN- DEPTH CAPABILITIES OF PHOTOSHOP ELEMENTS TO PRODUCE THE NATIVE PNG FILES REQUIRED FOR LOWER - THIRD TITLES, AGENDA ITEM DISPLAYS, AND OTHER GRAPHICS, INCLUDING THOUSANDS OF AVAILABLE "THEMES" FROM DIGITAL JUICE. FURTHER, THE VDESK "CGPREP IMPORT" OPENS PLAYLISTS WITH ORDERED AGENDA ITEMS, READY FOR SCREEN DISPLAY. THESE ARE CREATED USING THE INCLUDED "CGPREP" TEXTT EDITING UTILITY USED BY DESIGNATED CITY PERSONNEL TO DETERMINE THE EDITED AGENDA CONTENT TO BE DISPLAYED ON SCREEN DURING THE COURSE OF THE MEETINGS. b. Describe closed captioning? CLOSED CAPTIONING IS USUALLY GENERATED USING ONE OF TWO METHODOLOGIES; (1) A CONTRACTED CAPTIONING SERVICE, AND (2) SOFTWARE ADAPTED TO A NON -LINEAR EDITING ENVIRONMENT OR THROUGH A DEDICATED HARDWARE DEVICE.. c. Describe overall use of video and any innovation related to proposal? WE HAVE PROPOSED AN INTEGRATION BASED AROUND OUR COMMAND - AND - CONTROL ARCHITECTURE CALLED "THE BRIDGE ". AS ITS NAME IMPLIES, IT IS A WRAP- AROUND CONSOLE FROM WHICH A SINGLE OPERATOR TAKES COMMAND OF ALL ASPECTS OF THE CITY'S MEDIA OPERATIONS. NOT ONLY DOES IT ACCOMMODATE THE FUTURISTIC TOUCH - SCREEN SYSTEMS INTERFACE, IT ALSO PRESENTS IMMEDIATE AND COMPREHENSIVE OVERVIEW MONITORING OF ALL BRIDGE COMPONENTS ... INCLUDING THE VDESK PRODUCTION SYSTEM, SCALA CASTNET, ENCODING, ROUTING, COPYING, VIDEO EDITING, GRAPHICS PREPARATION, AUDIO PROCESSING AND MONITORING, POWER CONDITIONING AND MORE. THIS CONCEPT WAS DEVELOPED AND IMPLEMENTED TO ACCOMMODATE THE ABILITY OF ONE OPERATOR TO MANAGE THE END -TO -END WORKFLOW AND ASSET MANAGEMENT OF VIRTUALLY ANY FACILITY ... FROM A MUNICIPALITY CONTROL ROOM TO AN INTERNATIONAL TELEVISION NETWORK. 3. Audio a. Is all audio recorded in stereo? Describe proposed audio system? YES. WE INCORPORATE A SYSTEM THAT PROVIDES "BEST OF BOTH WORLDS" INTEGRATION THAT ASSURES MAXIMUM CONTROL WITH SIMULTANEOUS EASE OF USE FOR ANY OPERATOR. WE UTILIZE THREE (3) SHURE SM -810 AUTO - LEVELING 8 -INPUT MICROPHONE MIXERS /PROCESSORS, EACH OUTPUTTING STEREO SIGNALS TO A SMALL DESKTOP MIXER FOR IMMEDIATE OPERATOR RESPONSE AS /IF REQUIRED. C. INNOVATION 1. Describe any innovative processes or equipment improvement the proposer is using in the cabling, installation or equipment? AS MENTIONED, WE PROPOSE INTEGRATING ALL THE CONTROL ROOM COMPONENTS INTO OUR "BRIDGE" COMMAND AND CONTROL CONSOLE. THIS CONSOLIDATES ALL WIRING AND ACCESS, AS WELL AS CEN'T'RALIZES ALL OPERATOR FUNCTIONS AND WORKFLOW. ADDITIONALLY, WE ARE INCORPORATING A SIXTH HD PTZ CAMERA TO REPLACE THE CURRENT SD WOLFVISION DOCUMENT CAMERA. THIS WILL BE CEILING MOUNTED, AND PROVIDE THE ABILITY TO VIEW MUCH LARGER DESKTOP DOCUMENTS IN HIGH DEFINITION. THE 18X OPTICAL ZOOM LENS ALLOWS COMPLETE FLEXIBILITY IN ACCOMMODATING BOTH LARGE AND SMALL DOCUMENTS. FINALLY, WE'RE PROPOSING THE INTEGRATION OF AN HD ANNOTATION SYSTEM THAT LETS PRESENTERS AT THE PODIUM - PLUS THREE MORE PARTICIPANTS AT THE DAIS - ANNOTATE IMAGES WITH LINES, COLORS, AND TEXT. THIS SUPPORTS SIMULTANEOUS AND INTERACTIVE ANNOTATION FROM UP TO FOUR (4) TOUCH SCREENS. 2. Does the system allow for high definition or upgrades to high definition? THE PROPOSED SYSTEM IS ARCHITECTED FOR 100% HIGH DEFINITION COMPONENTS AND WORKFLOW. THE HD WILL BE DOWNCONVERTED TO SD FOR MODULATION ON THE FIBER TO THE CABLE COMPANIES UNTIL SUCH TIME AS THEY PROVIDE HD BANDWIDTH FOR THE CITY CABLECAST. D. SUPPORT 1. Does your company provide free telephone and/or electronic support? What days of the week and hours of the day? TELEPHONE, EMAIL AND REMOTE ACCESS SUPPORT (VIA LOGMEIN) IS PROVIDED 24/7/365. 2. How long would it take to have an on -site service call in an emergency? LOGMEIN REMOTE ACCESS PROVIDES IMMEDIATE CONNECTIVITY TO THE VDESK HOST COMPUTER, PROVIDING IMMEDIATE DASHBOARD DISPLAY OF OVERALL SYSTEM HEALTH AND PERFORMANCE. THROUGH THAT PORTAL WE ALSO HAVE ACCESS TO ALL SYSTEM LOGS — BOTH OPERATING SYSTEM AND RUSHWORKS SOFTWARE SOLUTIONS. WE ALSO HAVE SOLUTIONS IN PLACE AT TIME WARNER IN CORPUS CHRISTI, AND CAN OFTEN ENLIST THE TECHNICAL SERVICES AND ASSISTANCE OF ONE OF THEIR PEOPLE ON AN AS- NEEDED BASIS. OTHERWISE, SINCE WE ARE DALLAS-BASED, TI TO REPRESENTATIVE HOURS OF AN CAN GENERALLY BE AT THE SITE WITHIN THAT REQUIRES ON -SITE MANAGEMENT. 3. Describe items (i.e. parts, labor, on -site service calls, etc.) covered under the warranty you will offer the City and the duration of the warranty. THE COMPUTER COMPONENTS ARE WARRANTEED FOR THREE YEARS FROM DATE OF SHIPMENT. MANUFACTURERS WARRANTIES APPLY TO THE BALANCE OF THE SYSTEM ELEMENTS. THESE ARE TYPICALLY TWO YEARS IN DURATION. RUSHWORKS WILL PROVIDE FOUR ON -SITE VISITS, THE FIRST BEING APPROXIMATELY SIX MONTHS AFTER THE INSTALLATION AND TRAINING IS COMPLETE, WITH THE REMAINING THREE SPACED APPROXIMATELY SIX MONTHS APART. E. Presuming the Proposer receives a Purchase Order on October 1, 2009, provide the lead time necessary for Proposer to receive all components necessary to begin installation. IT IS ANTICIPATED, BUT NOT GUARANTEED (BASED ON DELIVERABILITY FROM SUPPLIERS) THAT ALL COMPONENTS NECESSARY TO BEGIN INSTALLATION WOULD BE AT RUSHWORKS WITHIN 30 DAYS OF DATE OF ORDER. F. Provide the number of days required to complete installation from beginning to final completion. RUSHWORKS WILL PREBUILD THE BRIDGE CONFIGURATION ON ITS PREMISES, AND PREPARE SINGLE END WIRING HARNESSES WHEREVER POSSIBLE AND APPROPRIATE. THIS CONFIGURATION SHOULD REQUIRE APPROXIMATELY TWO WEEKS. THE ELEMENTS INTEGRATION AND INSTALLATION DELIVERED TO THE CITY SITE, WHERE OF WIRING, CAMERAS, MICROPHONES, AND OTHER COMPONENTS WILL OCCUR. THIS SHOULD REQUIRE APPROXIMATELY TWO WEEKS, GIVEN THE POTENTIAL NEED TO PULL A SUBSTANTIAL AMOUNT OF CABLE IN THE FACILITY. G. The City's payment terms are net 30 days from the date the City is in receipt of a valid invoice. Alternate terms that may enhance your proposal are encouraged. Please be specific. DUE TO THE SIGNIFICANT OUTLAY OF MONEY REQUIRED FOR INTEGRATION PROJECTS OF THIS SIZE AND SCOPE, WE REQUIRE 50% OF THE CONTRACTED AMOUNT DUE AT THE TIME OF THE AWARD/PURCHASE ORDER, WITH THE BALANCE DUE NET 30 DAYS FROM THE FINAL INVOICE, WHICH WILL BE SUBMITTED AFTER SYSTEM INSTALLATION, TRAINING, AND ACCEPTANCE BY THE CITY. H. Do you accept credit cards? If so, do you offer a discount for using a credit card and how much? Is this in addition to any other discounts? YES. WE ACCEPT MASTERCARD, VISA AND AMERICAN EXPRESS. HOWEVER, THERE IS T OR CREDIT CARD TRANSACTIONS. TRANSACTIONS. THERE IS NO DISCOUNT If another local governmental entity operating within the City limits of Corpus Christi, TX wishes to obtain the same service at the same price enumerated in Proposer's proposal, will the Proposer honor the specifics of Proposer's proposal, including price? Any such arrangement will be between the other local governmental entity and the Proposer (this question is for information only; it will not be factored into the evaluation of your proposal). YES. A. Summarize your experience/history in the audio /video design, installation, maintenance & support business. RUSHWORKS' PRESIDENT AND FOUNDER, RUSH BEESLEY, HAS BEEN ACTIVELY DESIGNING AND BUILDING FACILITIES ... AND DEVELOPING AND MARKETING COMPUTER -BASED TECHNOLOGY SOLUTIONS ... SINCE 1971. SINCE ITS BUSINESS INCEPTION IN 2001, RUSHWORKS HAS PROVIDED AUDIO/VIDEO DESIGN, INSTALLATION, MAINTENANCE AND SUPPORT FOR OVER 800 SYSTEMS IN THE UNITED STATES, CANADA, TANZANIA, UGANDA CABLE AND PAKISTAN. THESE AUTOMATION EQUIPMENTS BROADCAST AND CAB MULTI-CAMERA MEETING ACQUISITIONSYSTEMS, ATTDACHED STORAGE SERVERS. MEDIA SERVERS, AND NETWORK B. Provide the number and size of municipalities to whom you have provided design, installation, maintenance and /or support services. Municipalities: City of Abilene City of Alamosa City of Alice City of Arlington City of Arlington, Washington City of Battle Creek City of Bedford City of Brighton City of Broken Arrow City of Casa Grande City of Cedar Park City of Chesapeake City of College Station City of Colleyville City of Colorado Springs City of Coolidge City of Coppell City of Dallas City of Denton PIO City of Des Moines City of Duncanville City of Eagle Pass City of Elgin City of Freer City of Friendswood City of Frisco City of Garland City of Grand Prairie City of Hardeeville City of Hartselle City of Highland Village City of Iowa City City of Irving City of Keller City of Kerrville City of Killeen City of Kingman City of La Porte City of League City City of Mansfield City of McKinney City of Midwest City City of Missouri City City of New Braunfels City of Odessa City of Peekskill City of Pharr City of Reno City of Rio Rancho City of Roswell City of Round Rock City of Sammamish City of Santa Fe City of Seabrook City of SeaTac City of Sierra Vista City of Stewartville City of Surprise City of Temple City of The Colony City of Tifton City of Tyler City of Victoria City of Waco City of Wichita Falls City of Yakima City And County of Denver Collin County County of Henrico, Virginia County of Nevada Eagle County Town of Florence Town of Flower Mound Town of Oro Valley Town of Payson Town of Queen Creek Town of Vail Township of Montclair Township of Brick Village of Buffalo Grove Village of Morton Grove Village of Palatine Village of Schaumburg Yuma County Board of. Supervisors Auditorium (Superior Court) Yuma County DDS C. Summarize any certifications and government procurement experience. RUSHWORKS HAS BEEN ACTIVE ON THE TEXAS CENTRALIZED MASTER BIDDERS LIST (CMBL) FOR MANY YEARS, AS WELL AS THE TEXAS CENTRAL CONTRACTOR REGISTRATION (CCR). D. Using the format outlined below, the Proposer should provide three current client references and three former client references for which the same service has been provided. This information will be used to determine the extent to which the Proposer is able to provide the services described herein to an entity the size of the City of Corpus Christi, as well as the level of customer service exhibited by the Proposer. a. CURRENT CLIENT Reference 1 Organization name: City of Waco Contact and title: Larry Holze, Director - Muni Info, PIO Address: 300 Austin Avenue Waco, TX 76702 Phone number: 254.750.5636 Effective date of contract: 11/6/08 Number of Users: Description of services provided: HD System Design & Integration & VDESK Event Production System b. CURRENT CLIENT Reference 2 Organization name: City of Broken Arrow Contact and title: Wayne Bishop, Public Information Officer Address: 220 S. ls` Broken Arrow, OK 74012 Phone number: 918.259.8326 Effective date of contract: 11/20/08 Number of Users: Description of services provided: VDESK Event Production System c. CURRENT CLIENT Reference 3 Organization name: Quad Cities Community Television Contact and title: Susan Huston, Director of Government Affairs Address: 12254 Ensign Ave N Champlin, MN 55316 Phone number: 763.427.1411 Effective date of contract: 6/29/09 Number of Users: Description of services provided: REMO Portable Production Studio & Four VDESK Event Production Systems d. FORMER CLIENT Reference 1- NONE (l... Li %Rri1\ 1 11....1-41.11141.1 1 rr-rJ Organization name: City of Denton Contact and title: Billy Matthews, Cable Television Super Address: 215 E McKinney City Hall Denton, TX 76201 Phone number: 940 - 349 -7272 Effective date of contract: 6/17/09 Number of Users: Description of services provided: VDESK Event Production System; Audio Video Upgrades for Council Chambers; & Control Room Refurb Reason for termination: Current Client - NO TERMINATION Reason for termination: Current Client - NO TERMINATION e. FORMER CLIENT Reference 2 - NONE tt.0 RRi`.1l 1 1.1J11J' 1\ 1 rr.JJ Organization name: City of Kerrville Contact and title: Travis Cochrane Address: 800 Junction Highway Kerrville, TX 78028 Phone number: 830.257.8000 Effective date of contract: 10/1/08 Number of Users: Description of services provided: VDESK Event Production System Reason for termination: Current Client - NO TERMINATION f. FORMER CLIENT Reference 1- NONE i1/41... U tuttzn 1 1.1J1L1' 1 rrty Organization name: City of Sierra Vista Contact and title: Jana Caflisch, PC Analyst Address: 1011 N. Coronado Drive Sierra Vista, AZ 85635 Phone number: 520.458.3315, Ext. 354 Effective date of contract: 1/28/09 Number of Users: Description of services provided: Reason for termination: Current Client - NO TERMINATION ALL PRICING MUST BE QUOTED IN THE ATTACHED EXCEL DOCUMENT TITLED: PRICING TABLE. RUSHWORKS NOTE: NO EXCEL DOCUMENT WAS ATTACHED TO THE RFP. IT IS PRESUMED THE REPONSE SHOULD USE THE EMBEDDED PRICING TABLE, WHICH WE HAVE DONE. A. Pricing quoted herein must include all demolition, installation and equipment discussed herein, as well as any other costs, directly or indirectly related to the provision of services described herein. B. All pricing quoted herein must include initial, one -time costs such as design, labor, equipment (including cabling), purchase of software, customization (if any), initial training, support and warranty. Initial One -time Costs — include, but may not be limited to: 1. Design 2. Labor 3. Equipment 4. Training 5. Support 6. Warranty Ongoing Annual Costs — include, but may not be limited to: 1. Support 2. Maintenance agreement 3. On -site service call NOTE: Ongoing annual costs include only those costs not covered under the warranty offered by Proposer. Please complete the Pricing Table below. This format may be modified if required, however, all requested items and any /all fees relating to this contract must be included. The City shall not pay any fees /costs not enumerated in this pricing table. PRICING TABLE Base Cost Any Upgrade Available & What Cost One -Time Costs Design and schematics 4500 Demolition & Cabling Labor 2725 See Exception 1 Cabling (wires and connectors) 2480 Equipment (detail all equipment on separate rows with costs — see below) $227,509.39 Quantity VDESK -SD 6- camera PTZ production system 99,965.00 1 Wireless Stick Mic (PRO version) 1,301.55 1 Wireless lav Mic (PRO version) 1,320.59 1 Desktop gooseneck mics 7,144.49 16 Audio Power Amp for area 1 625.60 1 Audio Power Amp for area 2 467.50 1 Amplified speakers for dais positions 3,312.42 16 Mixing console for 3x810 and aux items 771.80 1 Auto- leveling mic mixers 5,950.07 3 1x3 DA 1,955.00 10 Audio Patch cords 280.50 12 Video Patch Cables 168.30 6 Feedback elimination 912.34 1 Control room speakers 372.81 2 48 point normalled TRS patch bay 1,397.40 1 Request to speak w /timer and mic mute status 1,691.50 1 8x8 RGBHV w /stereo audio 4,549.20 1 8x4 Y PbPr w /stereo audio 2,665.60 1 Stereo Audio converter 192.10 1 Assisted Listening xmitter w /four receivers/buds 1,188.30 1 Touch Screen for Podium and Clerk 1,492.60 2 Touch Screen for Dais (11) 8,209.30 11 Stereo Audio converter for podium 192.10 1 I/O panel for podium 212.50 1 Stereo Audio converter for podium I/O panel 192.10 1 Annotation system 6,369.90 1 Distribution of touch screen control 50.98 1 Wideband 1x4 RGBHV DA 771.80 1 Wideband 1x6 RGBHV DA Wideband 1x4 RGBHV DA for projectors Component to HD -SDI converter Blu -Ray DVD (standard and Blu -Ray) 4x HD SDI Multiplexer HD SDI monitor with scopes HDMI to HD SDI converter for CastNet server Bal to Un -bal and un -bal to bal converter computer and streaming card for U -verse Analog Audio DA Analog VDA HD SDI 4x4 router HD patch panel Sync and TSG Analog audio embedder into HD SDI (bidex) Council annotation connection to PointMaker BRIDGE operations console closed caption encoder 1,859.80 771.80 2,363.00 17,000.00 13,107.00 9,350.00 693.60 1,453.16 4,250.00 673.20 141.10 3,291.20 1,626.90 4,241.50 1,434.38 127.50 2,085.90 9,316.00 2 1 1 4 2 1 1 5 1 4 1 1 1 1 1 1 1 1 Installation 10,200 Software INCLUDED IN SOLUTIONS Training 1800 License Fees 0 Technical Support 0 Travel and/or Onsite Costs 7200 Any other costs (please describe): TOTAL ONE -TIME COSTS $256.414.39 Ongoing Annual Costs Year 1 Year 2 Year 3 Training 0 0 0 Upgrades/Updates 0 702 702 License Fees 0 0 0 Technical Support 0 6225 6225 On -Site Service Call (Dallas personnel -if required) 0 900 /day 900 /day Any other costs (please describe): 0 0 0 TOTAL ANNUAL COST (presuming 1 svc call /year) 0 7,827 7,827 NOTE: Ongoing annual costs include only those costs not covered under the warranty offered by Proposer. SECTION 4 Proposal Format & Organization This section provides specific instructions on format and organization of the proposal to be submitted by the Proposer. Each Proposer may submit only one Proposal in a totally self - supporting format without reference to any other proposal(s). To provide for ease and uniformity and to aid in the evaluation of proposals, Proposers shall comply with the sequence outlined herein. IN NUMBERING THE PROPOSAL, THE PROPOSER SHALL USE THE SAME SECTION NUMBERS AND TITLES AND SHALL PROVIDE, ITS RESPONSES IN THE SAME ORDER AS EACH QUESTION IS NUMBERED AND ORDERED HEREIN. Failure to comply may result in rejection of the proposal. The proposal shall be completed in sections, which are described below. For ease in handling, Proposers shall submit the Proposal on 8.5" x 11" paper (larger paper is permissible for charts, maps or spreadsheets) with tabs delineating each section and bind the proposals using three -ring binders or similar means of binding. Proposers should be aware that all technical and operational specifications, equipment descriptions and marketing material submitted or made available will be incorporated by reference into any contract(s) resulting herefrom. The City discourages the inclusion of general marketing material or equipment manuals unless they are used to provide specific information or specifically requested by the City. This information may be submitted under separate cover from the proposal. The Proposer shall provide one (1) original and six (6) identical copies of their proposal to the location specified in Section 1.2 on or before the closing date and time as specified in Section 1.3. Proposals transmitted orally, telephonically, electronically or via facsimile shall not be considered. Proposer shall submit the following on one compact disc or flash (thumb) drive: 1. Proposal in Microsoft Word format. 2. Pricing Table in Microsoft Excel format. Please refer to the following web page for an electronic version of the RFP and Pricing Table: http:// www. cctexas .com /vurchasins/admin/webrut bidscurrent.cfm NOTE: NO PRICING TABLE EXCEL SHEET AT THIS ADDRESS. This section outlines the minimum requirements for preparation and presentation of a response. The Proposer shall define the capabilities of their organization to supply and maintain the goods /services as requested in this RFP. The response should be specific and complete in every detail and prepared in a simple and straightforward manner. Proposers are expected to examine the entire RFP including all specifications, standard provisions and instructions. Failure to do so will be at the Proposer's risk. Proposers should provide their best pricing on each type of good/service. The transmittal letter shall indicate the intention of the Proposer to adhere to the provision described in the RFP without modification. The letter of transmittal MUST: 1. Be presented on company letterhead; 2. Identify the submitting organization; 3. Explicitly indicate acceptance of the requirements as described in the RFP Requirements; 4. Acknowledge receipt of any addenda to this RFP; 5. Reference the City of Corpus Christi Minority Business Enterprise Information Form and Disclosure of Interest Form, the completed versions of which should follow the transmittal letter; and, 6. Identify, by name and title, and be signed by the person authorized by the organization to obligate the organization contractually and include the completed, signed and dated service agreement immediately after the Disclosure of Interest Form. A table of contents, listing titles, sections, and major sub - sections shall follow the Disclosure of Interest form referenced above. All pages shall have a unique identifier and be numbered sequentially within each section. EXCEPTIONS FORM Proposer: Media Rushworks, LLC dba RUSHWORKS Document Exceptions Proposer shall clearly state the exception and the reason for taking exception. Proposer shall describe each item and state clearly any price consequences. Important Note : The Proposer must complete this form. If the Proposer has no objection or exception, the Proposer should indicate "NONE" on this page. The completed form must be included with each copy of the proposal submitted. Exception 1: REMOVAL OF ALL EXISTING WIRING After attending the on -site survey meeting, it was apparent that there is currently an issue apparently resulting from EMI (Electromagnetic Interference. After the HVAC motors started, there was an immediate and corresponding degradation of the video signals, visible as `artifacts' the video signal path. Grounding problems are the major cause of interference. These types of problems allow nearby electromotive forces to be induced into cables and signals. Another major cause is ground currents caused by ground voltage differentials on different connected pieces of equipment. Good shielding and grounding are critical to signal quality and integrity. EMI is the disruption of operation of an electronic device when it is in the vicinity of an electromagnetic field in the radio frequency spectrum that is caused by another electronic device. The internal circuits of personal computers generate EM fields in the RF range. Also, cathode ray tube (CRT) displays generate EM energy over a wide band of frequencies. These emissions can also interfere with the performance of sensitive wireless receivers nearby. If you have a wireless receiver of any kind and use it at the same time as you operate your personal computer, you will probably hear RF noise in the receiver that originates in the PC system. Problems with EMI can be minimized by ensuring that all electronic equipment is operated with a good electrical ground system. In addition, cords and cables connecting the peripherals in an electronic or computer system should, if possible, be shielded to keep unwanted RF energy from entering or leaving. Specialized components such as line filters, capacitors, and inductors can be installed in power cords and interconnecting cables to reduce the EMI susceptibility of some systems. To the essence of this discussion, wires do not generally `go bad'. Perceived problems are usually caused by the devices to which wires /cables are attached. Wire /cable `terminations' — the connectors attached to the wires — can be problematic over time. But replacing terminations is vastly more resource and cost efficient that wholesale removal and replacement of wires /cables. We take exception to the desire to demolish/remove all wires and cables on the grounds that it is not only unnecessary, but also is an `extravagant' expense that should not be considered in the scope of work. The process is enormously labor - intensive, driving up the total price of the project by thousands of dollars in man-hours and associated expenses, and extending the project time -to- completion by at least one week. We propose to replace all the camera runs, since the existing cables are not rated for SDI frequencies, and reterminate /verify any other existing cables used in the wiring schema. Most importantly, we will isolate the cause(s) of the EMI and rectify those issues by appropriate cable runs and grounding. However, if the situation requires a modification of the electrical/power infrastructure such as adding separate circuits or expanding capacity on common circuits, that we be considered outside the scope of work provided in our response. In any case we will be responsible for video signals that are free from artifacts such as hum, roll, and externally generated noise ... and audio signals free of any audible artifacts across the audible human hearing spectrum. This approach saves time and money, and assures optimal performance and reliability of the system we install. Exception 2: INSURANCE RUSHWORKS Liability Insurance, Workers Comp & Exceptions: Commercial General Liability ("Insured is RUSHWORKS and "Insurer" is The Hartford Insurance Company) Each occurrence $1,000,000 General Aggregate - $2,000,000 NO Automobile Liability NO Professional Liability (Errors & Omissions) NO Property (Inland Marine Coverage) Workers Compensation ( "Insured is TriNet HR Corporation and "Insurer" is TriNet HR Corporation at Media Rushworks, LLC dba RUSHWORKS) Policy Limit - $1,000,000 Exception 3: CABLE MODULATORS Quotes are not included since this will likely require HD- capable devices and a determination if HD will be accommo• - ed by the able companies. 1 • Proposer Authorized Signatur Name of Proposer's Authorized Representative (Print) Rush Beesley Telephone Number (888) 894 -7874 Date: September 10, 2009 CITY OF CORPUS CHRISTI FINANCE DEPARTMENT / PURCHASING DIVISION MINORITY BUSINESS ENTERPRISE INFORMATION FORM THIS FORM MUST BE SUBMITTED ALONG WITH BID PLEASE INDICATE WHETHER THE COMPANY IS A CERTIFIED MINORITY BUSINESS. EXAMPLES OF CERTIFICATIONS RECOGNIZED BY THE CITY INCLUDE: El YES DX NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC BLACK ❑ HISPANIC ❑ NATIVE AMERICAN 0 WOMAN P ease visit the following website for information on becoming a Certified HUB: http://www.window.state.tx.us/procurement/prog/hub/ ❑ YES ❑ X NO - LOCAL SMALL BUSINESS (LSB) A for - profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas 3. YES NO 4. OTHER (PLEASE SPECIFY): ❑.X THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE ABOVE MINORITY BUSINESS INFORMATION IS REQUESTED FOR STATISTICAL AND TRACKING PURPOSES AND WILL NOT INFLUENCE THE AMOUNT OF EXPENDITURES THE CITY WILL MAKE WITH ANY GIVEN COMPANY. BID INVITATION NO: BI- 6. FIRP 7. 8 9. TELEP 10. 11. 12. 1 14. 15. 16. ADC 17. 1 19. FAx: 20. 21. 22. 2 24. 25. 26. CI r 7. 28. : 29. 30. 31. 3 33. E -MALI 34. Ar 35. / 3 38. 41. _/ . / / 40. DATE: 43. 9/d U t 44. SIGNA E'F r S. AUTHORIZI 46. 4 48. 49. SIGN FORM 45. 50. SIGNER' 51. RUSH BEESLEY 55. 56. (PLEASE PRINT OR TYPE) 5 53. TITLE: 54. fR E $I%6 5 58. 59. City of Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See reverse side for definitions. COMPANY NAME: Media Rushworks, LLC dba RUSHWORKS P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association 800 Parker Square, Ste. 200 CITY: Flower Mound, ZIP: 75028 TX 2. Partnership 5. Other X 3. Sole Owner ❑ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) NONE 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title NONE 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NONE Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NONE CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Rush Beesle Title: President OPT .(1/, t/ (Type or Print) Signature of Certifying Person: Date: September 10, 2009 IA „ t h it St is hi it It 31 Sz is 11 ii is 31 It it li h 4 , 4 s- I A fl fl A AA 1 A I I I I 1 1 1 V V i 0 Corpus Christi ® Copyright 2009 RUSHWORKS - All rights reserved w >. E 0 . 0 .13 ; 0. 03 w zri o z 00. • E 2 0 I I 0 1 y � A-7 \-7 h A I I V v V y V �I4 c;,1 4 1 1 A A A III 1 1 1 0 0 1 Y 6 w 1 g e fi �1y4 g Pei Standard outputs HVS-30PCO HVS-30HSA0 Snthrd Inputs g V HVS-30Sb 9 9 g a 1 SP I 0 z 1 gt 6«I C9 (r U Z eL 0 w e w U M rrE 1-4 RUSHWORKS VDESK /BRIDGE ELEVATION LAYOUT [)TV TECHNOInGY soumoNc, Everything else is on THE BRIDGE —.■ • • • • .A6; 6H- Please complete the Pricing Table below. This format may be modified if required, however, all requested items and any /all fees relating to this contract must be included. The City shall not pay any fees /costs not enumerated in this pricing table. PRICING TABLE One -Time Costs Base Cost Any Upgrade Available & What Cost Design and schematics 4500 Demolition & Cabling Labor 2725 See Exception 1 Cabling (wires and connectors) 2480 Equipment (detail all equipment on separate rows with costs — see below) $222,408.39 Quantity VDESK -SD 6- camera PTZ production system 99,965.00 1 Wireless Stick Mic (PRO version) 1,301.55 1 Wireless lav Mic (PRO version) 1,320.59 1 Desktop gooseneck mics 7,144.49 16 Audio Power Amp for area 1 625.60 1 Audio Power Amp for area 2 467.50 1 Amplified speakers for dais positions 3,312.42 16 Mixing console for 3x810 and aux items 771.80 1 Auto - leveling mic mixers 5,950.07 3 1x3 DA 1,955.00 10 Audio Patch cords 280.50 12 Video Patch Cables 168.30 6 Feedback elimination 912.34 1 Control room speakers 372.81 2 48 point normalled TRS patch bay 1,397.40 1 Request to speak w /timer and mic mute status 1,691.50 1 8x8 RGBHV w /stereo audio 4,549.20 1 8x4 Y PbPr w /stereo audio 2,665.60 1 Stereo Audio converter 192.10 1 Assisted Listening xmitter w /four receivers/buds 1,188.30 1 Touch Screen for Podium and Clerk 1,492.60 2 Touch Screen for Dais (11) 8,209.30 11 Stereo Audio converter for podium 192.10 1 1/0 panel for podium 212.50 1 Stereo Audio converter for podium 1/0 panel 192.10 1 Annotation system 6,369.90 1 Distribution of touch screen control 50.98 1 Wideband 1x4 RGBHV DA 771.80 1 Wideband 1x6 RGBHV DA Wideband 1x4 RGBHV DA for projectors Component to HD -SDI converter Standard DVD Recorders 4x HD SDI Multiplexer HD SDI monitor with scopes HDMI to HD SDI converter for CastNet server Bal to Un -bal and un -bal to bal converter computer and streaming card for U -verse Analog Audio DA Analog VDA HD SDI 4x4 router HD patch panel Sync and TSG Analog audio embedder into HD SDI (bidex) Council annotation connection to PointMaker BRIDGE operations console closed caption encoder MULTIZONE INTEGRATED MEDIA SERVER 1,859.80 771.80 2,363.00 5,040.00 13,107.00 9,350.00 693.60 1,453.16 4,250.00 673.20 141.10 3,291.20 1,626.90 4,241.50 1,434.38 127.50 2,085.90 9,316.00 6,859.00 2 1 1 4 2 1 1 5 1 4 1 1 1 1 1 1 1 1 1 Installation 10,200 Software INCLUDED IN SOLUTIONS Training 1800 License Fees 0 Technical Support 0 Travel and/or Onsite Costs 7200 Any other costs (please describe): TOTAL ONE -TIME COSTS $251,313.39 Ongoing Annual Costs Year 1 Year 2 Year 3 Training 0 0 0 Upgrades/Updates 0 702 702 License Fees 0 0 0 Technical Support 0 6225 6225 On -Site Service Call (Dallas personnel -if required) 0 900 /day 900 /day Any other costs (please describe): 0 0 0 TOTAL ANNUAL COST (presuming 1 svc call/year) 0 7,827 7,827 NOTE: Ongoing annual costs include only those costs not covered under the warranty offered by Proposer. (10 20/009) Paul Piercer FW: RUSHWORKS Updated Pricing Table &Terms ..F.. From: To: CC: Date: Subject: Attachments: "Rush Beesley" <Rush©rushworksmedia.com> <paulp @ cctexas.com> "Kim Womack" <KimW cctexas.com >, <accounts@rushworksmedia.com> 10/7/2009 4:31 PM FW: RUSHWORKS Updated Pricing Table & Terms Pricing Table Updated 100709.pdf Hi again, Paul and Kim. Please find attached an updated pricing table with your requested modifications: Changed "Blue -Ray DVD - $17,000" to "Standard DVD Recorders - $5,040" Added (1) one MULTIZONE Integrated Media Server - $6,859 "Total One -time Costs" have changed from $256,414.39 to $251,313.39 For your Project we have trimmed margins significantly to create the progressive, innovative model you're seeking. Our advance capital outlay is significantly higher than our normal budgeting, which is based on 50% with the receipt of the Purchase Order. So we must stand firm on the financial terms which sustain our business model, and which were presented in our response to the RFP. We will accommodate one other alternative, which is staged payments as follows: 33% with the Purchase Order; 33% within 30 days of the first payment; and the balance due upon completion of installation and training. We trust that one of these options will allow us to move collectively forward in our preparations for the installation of your Next Generation SD /HD meeting production environment. At this juncture the proposed installation dates ... beginning December 28 and potentially encompassing a two -week span ... look fine. As always, variables most generally include and presume timely delivery of third -party components which are part of the proposed operations topology. Thank you for the Opportunity to be your technology partner in the evolution of your city's communications infrastructure. Sincerely, age1 Exhibit D Revised Insurance Requirements Dated October 20, 2009 Upon award of a Contract, the Proposer (Indemnitor) agrees to indemnify, defend and hold the City of Corpus Christi, and its officers, employees, and agents (Indemnitees) harm less from and against any and all liability, loss, daims, demands, suits, and causes of action of any nature on account of death, personal injuries, property loss or damage to property (including property of Indemnitor or Indemnitees), or any other kind of damage, including all expenses of litigation, court costs, attorneys' fees, expert witness fees, the amount of any judgment, penalty, or interest, which arise or are claimed to arise out of or in connection with this contract or the performance of this contract (inducting, without limiting the foregoing, worker's compensation and death claims) for injuries, death, or damages that are caused by, or are claimed to be caused by the concurrent or contributing negligence of Indemnitees, but not by the sole negligence of Indemnitees unmixed with the fault of any other person or group, Indemnitor specifically agrees to indemnify Indemnitees from the negligence of its employees unless negligence is sole negligence of Indemnitees. Indemnitor must, at its own expense, investigate all claims, attend to their settlement or other disposition, defend Indemnitees in all actions based on those daims with counsel satisfactory to Indemnitees, and pay all attorneys' fees, costs and expenses of every kind and character whatsoever resulting from the claims. Prior to the commencement of any work under this RFP, Proposer shall furnish an original completed Certificate(s) of Insurance to the City which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) must have the agent's original signature, including the signer's company affiliation, title and phone number, and be mailed directly from the agent to the City. The City shall have no duty to pay or perform under this RFP until such certificate shall have been delivered to the City, and no officer or employee, other than the City's Risk Manager, shall have authority to waive this requirement. The City reserves the right to review the insurance requirements of this section during the effective period of any Contract(s) resulting from this RFP and any extension or renewal thereof and to modify insurance coverage and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this RFP, but in no instance will the City allow modification whereupon the City may incur increased risk. A Proposer's financial integrity is of interest to the City, therefore, subject to Proposer's right to maintain reasonable deductibles in such amounts as are approved by the Risk Manager, Proposer shall obtain and maintain in full force and effect for the duration of this proposal, and any extension hereof, at Proposer's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated A- or better by A.M. Best Company and/or otherwise acceptable to the City, in the following types and amounts: TYPE AMOUNT 1. Workers' Compensation Statutory Employers Liability $500,000/$500,000 /$500,000 2. Commercial General Liability Insurance a. Premises operations b. Independent Contractors c. Products /completed operations d. Personal Injury e. Contractual Liability Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 per occurrence or its equivalent 3. Automobile Liability to include: Combined Single Limit for Owned, non -owned or rented vehicles Bodily Injury and Property Damage of $1,000.000 per occurrence or its equivalent CONTRACTOR AFFIRMS THAT BY AFFIXING HIS SIGNATURE TO SERVICE AGREEMENT No. SA10 -015, CONTRACTOR SHALL NOT BRING ONTO CITY PROPERTY ANY OWNED OR NON - OWNED AUTOMOBILE AND THAT, PRIOR TO BRINGING RENTED VEHICLES ONTO CITY PROPERTY, CONTRACTOR SHALL HAVE SECURED AUTOMOBILE INSURANCE, AS SPECIFIED IN THIS SECTION, FOR THE RENTED VEHICLES, FROM THE VEHICLE RENTAL COMPANY. 4. Professional Liability Errors and Omissions $1,000,000 per claim to pay on behalf of the insured all sums which Insured shall become legally obligated to pay as damages by reason of any act, malpractice, error or omission in professional services; if written on a "Claims Made" form, must provide for an extended reporting period of twenty - four (24) months after the date the contract expires or is terminated. PROFESSIONAL LIABILITY, ERRORS AND OMISSIONS INSURANCE REQUIREMENT IS HEREBY WAIVED. 5. Property — Inland Marine Coverage to include Full replacement value of Tangible and Intangible Property property — responsibility of the Owner The City shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by the City, the Proposer shall exercise reasonable efforts to accomplish such changes in policy coverage, and shall pay the cost thereof. Proposer agrees that with respect to the above required insurance, all insurance proposals and Certificate(s) of Insurance will contain the following required provisions. • Name the City and its elected officials, officers, directors, employees, agents, volunteers and representatives as additional insureds (as the interests of each insured may appear), as to all applicable coverages respects operations and activities of, or on behalf of, the named insured performed under proposal with the City, with the exception of professional liability and workers' compensation policies; • The Proposer's insurance shall be deemed primary with respect to any insurance or self insurance carried by the City for liability arising out of operations under the proposal with the City; and • Workers' compensation and employers' liability policy will provide a waiver of subrogation in favor of the City. • Proposer shall notify the City in writing in the event of any notice of cancellation, non - renewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change, or ten (10) days notice for cancellation due to non - payment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. All notices shall be given to the City at the following address: City of Corpus Christi Attn: Risk Manager P. 0. Box 9277 Corpus Christi, TX 78469 -9277 If Proposer fails to maintain the aforementioned insurance, or fails to secure and maintain the aforementioned endorsements, the City may obtain such insurance, and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; however, procuring of said insurance by the City is an alternative to other remedies the City may have, and is not the exclusive remedy for failure of Proposer to maintain said insurance or secure such endorsement. In addition to any other remedies the City may have upon Proposer to stop work hereunder, and/or withhold any payment(s) which become due, to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractors' performance of the work covered under this agreement. Exhibit E Payment Terms Regarding Annual Maintenance The TOTAL ANNUAL COST for Upgrades/Updates, Technical Support and one On- Site Service Call is $7,827 as set forth in UPDATED PRICING TABLE contained in Exhibit C. During the three (3) year contract term, the first of these two annual fees will be paid one (1) year from the date that the City pays the 50% net 30 days of completion of project to City's satisfaction as contained in attachment in E -mail from Rush @rushworksmedia.com to paulp @cctexas.com dated 10/7/2009 4:31 PM with Subject: FW: RUSHWORKS Updated Pricing Table & Terms. The second fee is to be paid one (1) year from the date the first annual fee is paid as described in this Exhibit.