HomeMy WebLinkAbout2016-001 Contract - SOU - RVTV
Contract for GOODS AND SERVICES
CITY OF CONTRACTOR: Southern Oregon University
-AS H LA N D CONTACT: Treasa Sprague
20 East Main Street
Ashland, Oregon 97520 ADDRESS: 1250 Siskiyou Boulevard, Ashland OR 97520
Telephone: 541/488-6002
Fax: 541/488-5311 TELEPHONE: 541-552-6319
DATE AGREEMENT PREPARED: FAX:
BEGINNING DATE: January, 2016 COMPLETION DATE:
COMPENSATION: $ C/)/
GOODS AND SERVICES TO BE PROVIDED: See attached scope of work
ADDITIONAL TERMS:
In the event of conflicts or discrepancies among the contract documents, the City of Ashland Contract for Goods and Services will be primary and take
precedence, and any exhibits or ancillary contracts or agreements having redundant or contrary provisions will be subordinate to and interpreted in a
manner that will not conflict with the said rims City of Ashland Contract.
NOW THEREFORE, pursuant to AMC 2.50.090 and after consideration of the mutual covenants contained herein the
CITY AND CONTRACTOR AGREE as follows:
1. All Costs by Contractor: Contractor shall, provide all goods as specified above and shall at its own risk and
expense, perform any work described above and, unless otherwise specified, furnish all labor, equipment and
materials required for the proper performance of such work.
2. Qualified Work: Contractor has represented, and by entering into this contract now represents, that any personnel
assigned to the work required under this contract are fully qualified to perform the work to which they will be assigned
in a skilled and worker-like manner and, if required to be registered, licensed or bonded by the State of Oregon, are
so registered, licensed and bonded. Contractor must also maintain a current City business license.
3. Completion Date: Contractor shall provide all goods in accordance with the standards and specifications, no later
than the date indicated above and start performing the work under this contract by the beginning date indicated
above and complete the work by the completion date indicated above.
4. Compensation: City shall pay Contractor for the specified goods and for any work performed, including costs and
expenses, the sum specified above. Payments shall be made within 30 days of the date of the invoice. Should the
contract be prematurely terminated, payments will be made for work completed and accepted to date of termination.
5. Ownership of Documents: All documents prepared by Contractor pursuant to this contract shall be the property of
city.
6. Statutory Requirements: ORS 27913.220, 27913.225, 27913.230, 27913.235, ORS Chapter 244 and ORS 670.600 are
made part of this contract.
7. Living Wage Requirements: If contractor is providing services under this contract and the amount of this contract
is $20,142.20 or more, Contractor is required to comply with chapter 3.12 of the Ashland Municipal Code by paying a
living wage, as defined in this chapter, to all employees performing work under this contract and to any subcontractor
who performs 50% or more of the work under this contract. Contractor is also required to post the notice attached
hereto as Exhibit C predominantly in areas where it will be seen by all employees.
Indemnification: Subject to the limits of ORS 30.260 - 30.300, Contractor agrees to defend, indemnify and save
City, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses,
judgments, subrogations, or other damages resulting from injury to any person (including injury resulting in death), or
damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance
of this contract by Contractor (including but not limited to, Contractor's employees, agents, and others designated by
Contractor to perform work or services attendant to this contract). Contractor shall not be held responsible for any
losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, directly, solely, and proximately
caused by the negligence of City.
9. Termination:
a. Mutual Consent. This contract may be terminated at any time by mutual consent of both parties.
b. City's Convenience. This contract may be terminated at any time by City upon 30 days' notice in writing
and delivered by certified mail or in person.
C. For Cause. City may terminate or modify this contract, in whole or in part, effective upon delivery of
written notice to Contractor, or at such later date as may be established by City under any of the following
conditions:
Contract for Goods and Services Page 1 of~~
i. If City funding from federal, state, county or other sources is not obtained and continued at levels
sufficient to allow for the purchase of the indicated quantity of services;
ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way
that the services are no longer allowable or appropriate for purchase under this contract or are
no longer eligible for the funding proposed for payments authorized by this contract; or
iii. If any license or certificate required by law or regulation to be held by Contractor to provide the
services required by this contract is for any reason denied, revoked, suspended, or not renewed.
d. For Default or Breach.
i. Either City or Contractor may terminate this contract in the event of a breach of the contract by
the other. Prior to such termination the party seeking termination shall give to the other party
written notice of the breach and intent to terminate. If the party committing the breach has not
entirely cured the breach within 15 days of the date of the notice, or within such other period as
the party giving the notice may authorize or require, then the contract may be terminated at any
time thereafter by a written notice of termination by the party giving notice.
ii. Time is of the essence for Contractor's performance of each and every obligation and duty under
this contract. City by written notice to Contractor of default or breach, may at any time terminate
the whole or any part of this contract if Contractor fails to provide services called for by this
contract within the time specified herein or in any extension thereof.
iii. The rights and remedies of City provided in this subsection (d) are not exclusive and are in
addition to any other rights and remedies provided by law or under this contract.
e. Obligation/Liability of Parties. Termination or modification of this contract pursuant to subsections a, b, or
c above shall be without prejudice to any obligations or liabilities of either party already accrued prior to such
termination or modification. However, upon receiving a notice of termination (regardless whether such notice is
given pursuant to subsections a, b, c or d of this section, Contractor shall immediately cease all activities under
this contract, unless expressly directed otherwise by City in the notice of termination. Further, upon termination,
Contractor shall deliver to City all contract documents, information, works-in-progress and other property that are
or would be deliverables had the contract been completed. City shall pay Contractor for work performed prior to
the termination date if such work was performed in accordance with the Contract.
10. Independent Contractor Status: Contractor is an independent Contractor and not an employee of the City.
Contractor shall have the complete responsibility for the performance of this contract.
11. Non-discrimination Certification: The undersigned certifies that the undersigned Contractor has not discriminated
against minority, women or emerging small businesses enterprises in obtaining any required subcontracts.
Contractor further certifies that it shall not discriminate in the award of such subcontracts, if any. The Contractor
understands and acknowledges that it may be disqualified from bidding on this contract, including but not limited to
City discovery of a misrepresentation or sham regarding a subcontract or that the Bidder has violated any
requirement of ORS 279A.110 or the administrative rules implementing the Statute.
12. Asbestos Abatement License: If required under ORS 468A.710, Contractor or Subcontractor shall possess an
asbestos abatement license.
13. Assignment and Subcontracts: Contractor shall not assign this contract or subcontract any portion of the work
without the written consent of City. Any attempted assignment or subcontract without written consent of City shall be
void. Contractor shall be fully responsible for the acts or omissions of any assigns or subcontractors and of all
persons employed by them, and the approval by City of any assignment or subcontract shall not create any
contractual relation between the assignee or subcontractor and City.
14. Use of Recyclable Products: Contractor shall use recyclable products to the maximum extent economically feasible
in the performance of the contract work set forth in this document.
15. Default. The Contractor shall be in default of this agreement if Contractor: commits any material breach or default of
any covenant, warranty, certification, or obligation it owes under the Contract; if it loses its QRF status pursuant to
the QRF Rules or loses any license, certificate or certification that is required to perform the work or to qualify as a
QRF if Contractor has qualified as a QRF for this agreement; institutes an action for relief in bankruptcy or has
instituted against it an action for insolvency; makes a general assignment for the benefit of creditors; or ceases doing
business on a regular basis of the type identified in its obligations under the Contract; or attempts to assign rights in,
or delegate duties under, the Contract.
16. Insurance. Contractor shall at its own expense provide the following insurance:
a. Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to
provide Oregon workers' compensation coverage for all their subject workers{~~ .
b. General Liability insurance with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,000, $1,000,000, $2,000,000 or Not Applicable for each occurrence for Bodily Injury and Property
Damage.
C. Automobile nce with a combined single limit, or the equivalent, of not less than Enter one:
$200,000, $500,00 , $1,000,000; r Not Applicable for each accident for Bodily Injury and Property Damage,
including coverage for o fired or non-owned vehicles, as applicable.
d. Notice of cancellation or change. There shall be no cancellation, material change, reduction of limits or
Contract for Goods and Services Page 2 of ;E~
intent not to renew the insurance coverage(s) without 30 days' written notice from the Contractor or its insurer(s) to
the City.
e. Additional Insured/Certificates of Insurance. Contractor shall name The City of Ashland, Oregon, and its
elected officials, officers and employees as Additional Insureds on any insurance policies required herein but only
with respect to Contractor's services to be provided under this Contract. As evidence of the insurance coverages
required by this Contract, the Contractor shall furnish acceptable insurance certificates prior to
commencing work under this contract. The contractor's insurance is primary and non-contributory. The
certificate will specify all of the parties who are Additional Insureds. Insuring companies or entities are subject to
the City's acceptance. If requested, complete copies of insurance policies, trust agreements, etc. shall be
provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self-insured
retentions and/or self-insurance.
17. Governing Law; Jurisdiction; Venue: This contract shall be governed and construed in accordance with the laws
of the State of Oregon without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or
proceeding (collectively, "the claim") between the City (and/or any other or department of the State of Oregon) and
the Contractor that arises from or relates to this contract shall be brought and conducted solely and exclusively within
the Circuit Court of Jackson County for the State of Oregon. If, however, the claim must be brought in a federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the
District of Oregon filed in Jackson County, Oregon. Contractor, by the signature herein of its authorized
representative, hereby consents to the in personam jurisdiction of said courts. In no event shall this section be
construed as a waiver by City of any form of defense or immunity, based on the Eleventh Amendment to the United
States Constitution, or otherwise, from any claim or from the jurisdiction.
18. THIS CONTRACT AND ATTACHED EXHIBITS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE
PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT.
CONTRACTOR, BY SIGNATURE OF ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT
HE/SHE HAS READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS.
19. Nonappropriations Clause. Funds Available and Authorized: City has sufficient funds currently available and
authorized for expenditure to finance the costs of this contract within the City's fiscal year budget. Contractor
understands and agrees that City's payment of amounts under this contract attributable to work performed after the
last day of the current fiscal year is contingent on City appropriations, or other expenditure authority sufficient to allow
City in the exercise of its reasonable administrative discretion, to continue to make payments under this contract. In
the event City has insufficient appropriations, limitations or other expenditure authority, City may terminate this
contract without penalty or liability to City, effective upon the delivery of written notice to Contractor, with no further
liability to Contractor.
20. Prior Approval Required Provision. Approval by the City of Ashland Council or the Public Contracting Officer is
required before any work may begin under this contract.
21. Certifications. Contractor shall sign the Certifications attached hereto as Exhibit A and-B and herein incorporated
by reference.
Contractor: City of Ashland
By BY _
Signature Department Head
' - k~ C ~V1 GY
Print Name Print Name
U t 1 ~~a_ v ~C z r~ VAk
Title Date
W-9 One copy of a W-9 is to be submitted with
the signed contract. Purchase Order No.
Contract for Goods and Services Page 3 of -7~
EXHIBIT A
CERTIFICATIONS/REPRESENTATIONS:
Contractor, under penalty of perjury, certifies that (a) the number shown on the attached W-9 form is its correct taxpayer
ID (or is waiting for the number to be issued to it and (b) Contractor is not subject to backup withholding because (i) it is
exempt from backup withholding or (ii) it has not been notified by the Internal Revenue Service (IRS) that it is subject to
backup withholding as a result of a failure to report all interest or dividends, or (iii) the IRS has notified it that it is no
longer subject to backup withholding.
Contractor further represents and warrants to City that (a) it has the power and authority to enter into and perform the
work, (b) the Contract, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in
accordance with its terms, (c) the work under the Contract shall be performed in accordance with the highest professional
standards, and (d) Contractor is qualified, professionally competent and duly licensed to perform the work.
Contractor also represents and warrants that throughout the duration of this Contract and any extensions, that it
complies and will comply with all tax laws of this state and all applicable tax laws of any political subdivision of this
state. Should Contractor breach this provision, City may terminate this contract and seek damages and other relief
available under the terms of this contract or under applicable law.
Contractor also certifies under penalty of perjury that its business is not in violation of any Oregon tax laws, and it is a
corporation authorized to act on behalf of the entity designated above and authorized to do business in Oregon or is an
independent Contractor as defined in the contract documents, and has checked four or more of the following criteria:
(1) 1 carry out the labor or services at a location separate from my residence or is in a
specific portion of my residence, set aside as the location of the business.
v~ (2) Commercial advertising or business cards or a trade association membership are purchased for
the business.
(3) Telephone listing is used for the business separate from the personal residence listing.
(4) Labor or services are performed only pursuant to written contracts.
LI/ (5) Labor or services are performed for two or more different persons within a period of one year.
1,/{ (6) 1 assume financial responsibility for defective workmanship or for service not provided as evidenced by
the ownership of performance bonds, warranties, errors and omission insurance or liability insurance
relating to the labor or services to be provided.
Contractor (Date)
Contract for Goods and Services Page 4 ofd
CITY • ASHLAND, OREGON
EXHIBIT C
City of Ashland
LIVING
WAGE
Mper hour effective June 30, 2015
(Increases annually every June 30 by the
Consumer Price Index)
portion of business of their 401 K and IRS eligible
employer, if the employer has cafeteria plans (including
ten or more employees, and childcare) benefits to the
has received financial amount of wages received by
assistance for the project or the employee.
➢ For all hours worked under a business from the City of
service contract between their Ashland in excess of ➢ Note: "Employee" does not
employer and the City of $20,142.20. include temporary or part-time
Ashland if the contract employees hired for less than
exceeds $20,142.20 or more. ➢ If their employer is the City of 1040 hours in any twelve-
Ashland including the Parks month period. For more
➢ For all hours worked in a and Recreation Department. details on applicability of this
month if the employee spends policy, please see Ashland
employee's or more of the ➢ In calculating the living wage, Municipal Code Section
employee's time in that month employers may add the value 3.12.020.
working on a project or of health care, retirement,
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator, City Hall,
20 East Main Street, Ashland, OR 97520 or visit the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
J" 5
Contract for Goods and Services Page-Tofy
Scale of Work RVTV/SOU Improvements to City Council Chambers
The City of Ashland and RVTV/SOU have agreed to upgrade and replace equipment in the Council
Chambers in order to retire aging equipment, comply with digital media protocols and to improve the k
audio and visual experience for the City Council, the live audience and television viewers.
Expectations and Deliverables
1) RVTV will order all the equipment and provide the City will copies of the paid invoices
2) City will provide to RVTV a site plan with as-built drawings showing current installations
and wiring diagrams
3) RVTV will provide design drawings with details of new equipment:
4) RVTV will install all new equipment including Cat 6 cable and IIDMi connections. City
staff will provide oversight and assistance as needed.
5) Replace the current speaker system (six in Council Chambers and two in the lobby) and
provide an audio control for lobby speakers to be located at the City Recorder's station
6) Install a smart EQ systems (eliminates the need for RVTV operator to manually adjust
speakers)
7) Install four new cameras plus a tricaster mini (provides high definition audio/visual system in
the control room)
8) Install a vaddio basestation with an assortment of adapters that convert any presentation
device to either HDMI or VGA. City will coordinate with RVTV to ensure the presenter
laptop ►neets the specifications to take full advantage of tile basestation.
9) Install three 65" commercial grade flat panel television monitors two in the current presented
screen locations and one mounted from the ceiling to face the audience (City inay decide to
purchase these separately)
10) Recorder device will be relocated to the control room
11) Provide an additional microphone for new speaker's podium (City will purchase podium
separately)
12) Provide two ADA hearing devices
13) City will install new and additional acoustic materials if possible i
14) Replace all devices that connect the government video feed with RVTV playback services.
15) Provide training to city staff on the new presentation
16) Provide final as built drawings to the City
17) The City will be responsible for providing power at each camera and monitor locations, the
City will also mount the new monitors.
18) Any work not expressly outlined in this proposal is subject to a change order and associated
costs.
Costs
The total cost of this project is $57,471.
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Southern Oregon University
Nicholas Brandt, Technology Consultant
1250 Siskiyou Blvd
Ashland Oregon 97520
(541) 292-7811
City of Ashland
20 East Main Street Ashland Oregon 97520
Phone: (541) 488-6002 Fax: (541) 488 5811~
Dave Kanner, City Administrator
Southern Oregon University (SOU) is pleased to provide the following plan for the design and ;
build of the City Council Chambers Refresh Project. The principal object of this project is to
update the technology used in the chambers to reflect current High Definition audio and video
presentation standards. The complete scope of work is below:
SCOPE OF WORK:
Audio Reinforcement:
• Replace current speakers and power atnplifier with a full range sound system to
adequately meet the needs of the presentation space with a 70 Volt speaker system
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utilizing six (6) speakers in the chamber and two (2) speakers in the lobby using one (1)
low power amplifier to eliminate feedback.
• Take relevant measurements of the acoustical properties of the Chambers (e.g.
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reverberation, resonances, reflectivity) and make adjustments to facilitate the best
possible sound-reproduction and minimize the risk of feedback. This will include active
feedback reduction and graphic EQ processing.
• Add one (l) 8-channel automatic mixers (Shure SCM810). Since feedback has been an
issue in the past, incorporate active feedback elimination via outboard gear, to maximize
gain before feedback.
• Add one (1) Shure Gooseneck Microphone in a shock mount for new city provided
presenter podium.
• Provide audio outputs from the sound system to city's existing SD card based recorder
(relocated to the RVTV control room)
• Add a volume control to the clerks workstation to control vohune of lobby speakers.
• Provide audio press feed at presentation table.
• Provide and install two (2) ADA compliant assisted listening headsets.
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• Pull new terminated wiring required for the audio and video systems using existing open ~
cable pathways.
Broadcast Recording System:
• Design and implement a High-Definition (HD) audio/video production system with a
Trieaster Mini and four (4) Panasonic IIE 40 HDMI Cameras with the required
controllers
• Install video-Production equipment in the control room in the Council Chambers with
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modified furniture.
• Provide and install a 4 in 4 out matrix to act as a sub-switches for input 4 on the tricaster
to facilitate switching away from a camera on the broadcast to allow switching to the
presentation feed..
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Presentation System:
• Provide and install three (3) 65 inch commercial grade flat panel TVs. Use UL approved
wall mounts to install TVs in locations approved by the city. Commercial grade monitors
are warrantied by the manufacturer to be used on government and commercial locations,
are built with higher quality parts and rated to run for long periods of time.
• Provide and install one (l) new Vaddio Basestation "Bring Your Own Device" System to
replace existing presentation system. System will allow virtually any device to feed the
presentation system.
• Connect new monitors to broadcast feed from the booth and separate presentation teed I
from Vaddio Basestation for non-televised meetings.
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Design and Project Management:
• Manage all work with City Departments on all required physical room changes and 3
electrical additions.
• Provide design drawings for approval if requested.
• Provide as-built drawings and wiring diagrams upon completion.
• Provide training for Staff on all new technologies implemented in this project.
Exclusions
• The City will be responsible for providing power at each camera and TV location and all
wiring not in surface mounted conduits, The City will also mount new TVs
• Permits (none required)
• Any work not expressly outlined in this proposal and subject to a change order.
Total Council Chambers Project Cost: $45,471.17
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RVTV Signal Ti-ansinission Upgrades
® Provide and install new digital signal transmission equipment for all cable networks
® Provide and install new HD streaming servers for ND Live streams on the internet.
s Provide and install an all digital infrastructure.
Ashland Cont6bution to RVl'V Shared Cost: $12,000
Grand Total: 57,47117
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1/11/k16 City of Ashland, Oregon - Approval of a Special Procurement
City of Ashland. Oregon / Administration / City News
Approval of a Special Procurement
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: January 6, 2016
A request for approval of a Special Procurement was presented to and approved by
the City Council, acting as the Local Contract Review Board, on January 5, 2016.
The City of Ashland intends to enter into a contract with Southern Oregon
University/RVTV to upgrade and replace audio and broadcast equipment in Council
Chambers and to install new digital signal transmission equipment to provide HD
streaming servers. The contract is $58,471 and the project is expected to begin in
mid-January and last three.
It has been determined based on written findings that the Special Procurement will
be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts, and result in substantial cost
savings or substantially promote the public interest in a manner that could not be
realized by complying with the requirements that are applicable in ORS 279B.055,
279B.060, 279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procurement
in accordance with ORS 279B.400 and OAR 137-047-0300. A written protest shall
be delivered to the following address: City of Ashland, Administration, Ann Seltzer,
20 East Main Street, Ashland, OR. 97520. The seven (7) protest period will expire
at 5:00pm on January 13, 2016.
This public notice is being published on the City's Internet World Wide Web site at
least seven days prior to the award of a public contract resulting from this request
for approval of a Special Procurement.
Release Date: 1/6/2016
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http://www.ashland.or.us/News.asp?NewsID=3431&Print=True 1/1