HomeMy WebLinkAbout2006-169 Contract - Ashland Home Net
City of Ashland
CONTRACT
for Cable Television Services
Contract for cable television services made on the 19 day of September, 2006,
between the City of Ashland, Oregon, acting by and through its Ashland FIber Network Cable
TV Division (AFN) and Ashland Home Net (Contractor).
Recitals:
A. On -T LJ,~ 3 I . d.cx::/b AFN issued a request for proposals (RFP) for work needed by
AFN for cabl television services.
B. Contractor submitted a proposal in response to the RFP on ~~v<"M ~Lf dJ:JOh .
C. After reviewing Contractor's proposal and proposals submitted other offerors, AFN
selected Contractor to provide the services covered by the RFP.
AFN and Contractor agree as follows:
1. RelationshiD of Contract Documents: In response to the RFP, Contractor submitted a
proposal which included a Business Plan and a Marketing Plan, all of which are attached hereto
and incorporated herein. Except as provided in paragraph 1.1, in the event of any
inconsistencies in the terms of this contract, the RFP or the Contractor's proposal, this contract
shall take precedence over the RFP which shall take precedence over the proposal.
1.1. Exceptions:
2. RelationshiD between AFN and Contractor: Contractor accepts the relationship of trust and
confidence established between Contractor and AFN by this contract. Contractor covenants with
the AFN to perform services and duties in conformance to and consistent with the standards
generally recognized as being employed by professionals of Contractor's caliber in the locality
of the project. Contractor further covenants to cooperate with AFN, AFN's representatives,
contractors, and other interested parties in furthering the interests of AFN with respect to the
project.
3. Definitions: Generally words, terms and phrases used in this contract shall have the meaning
ascribed to them in the cable television industry, unless the context clearly indicates otherwise.
As used in this contract:
3.1. "AFN" means the City of Ashland, Oregon, operating by and through its Ashland Fiber
Network Cable TV Division.
3.2. "Contracting Officer" means the City of Ashland Director of Information Technology or that
person's designee.
3.3. "Project" means cable television services as described in the RFP.
3.4. "Work" or "Services" shall mean all labor, materials, plans, specifications, opinions, reports,
and other services and products which Contractor is required to provide under this contract.
PAGE l-CONTRACT
4. Term: The term of this contract shall commence on the date this Contract has been fully
executed by every party and shall expire three years after such date. If it is in the AFN's best
interest, the contract may be extended for two additional one year terms for a maximum period
of five years.
5. Authoritv of Contractina Officer: The Contracting Officer shall have the authority to act on
behalf of AFN in the administration and interpretation of this contract. The Contracting Officer
shall have complete authority to authorize services, transmit instructions, receive information,
interpret and define AFN's policies and make other decisions with respect to Contractor's
services.
6. Services: Contractor shall provide services to AFN that are described in the RFP and the
proposal.
6.1. In connection with the services described in the RFP, Contractor shall:
6.1.1. Consult appropriate representatives of AFN to clarify and define AFN's
requirements relative to the services.
6.1.2. Review available data relative to the services.
6.1.3. Identify data which is not available and is needed to fulfill the services, and
act as AFN's representative in obtaining such data.
6.1.4. Prepare monthly progress reports to the Contracting Officer on the status
of services.
6.2. Contractor shall commence performance of services within five days after receiving written
authorization from the Contracting Officer for work described in the RFP. Contractor shall
perform the services as expeditiously as is consistent with professional skill and care and the
orderly progress of the project. Upon request of AFN, Contractor shall submit for AFN's
approval, a schedule for the performance of work elements described in the RFP. Each
schedule shall include allowance for periods of time required for AFN's review and approval of
Contractor's services. Each schedule, approved by AFN, shall become a part of this contract.
6.3. Contractor shall perform the services as an independent contractor in accordance with
generally accepted standards in Contractor's profession. Contractor shall be responsible for the
professional quality, technical accuracy and the coordination of all services performed by
Contractor. Contractor shall, without additional compensation, correct or revise any error or
deficiencies in the services that are caused by Contractor's negligence. AFN's review, approval,
acceptance of, or payment for, any of the services shall not be construed to waive any of AFN's
rights under this contract or of any cause of action arising out of Contractor's services. In the
event of any breach of this contract by Contractor or negligent performance of any of the
services, AFN's cause ot-action against Contractor shall not be deemed to accrue until AFN
discovers such breach or negligence, or should have, with reasonable diligence, discovered
such breach or negligence. The preceding sentence shall not be construed, however, to allow
AFN to prosecute an action against Contractor beyond the maximum time limitation provided by
Oregon law.
6.4 Contractor is responsible for obtaining all necessary permits and licenses required to
perform services under this contract.
7. Assianment of Contractor's Personnel:
PAGE 2-CONTRACT
7.1. The services covered by this contract shall be rendered by, or under the supervision of the
Contractor's Representative, who shall be identified by Contractor and acknowledged by AFN,
to act as Contractor's representative in all communications and transactions with AFN.
7.2. Contractor will endeavor to honor reasonable specific requests of AFN with regard to
assignment of Contractor's employees to perform services if the requests are consistent with
sound business and professional practices.
8. Responsibilities of AFN:
8.1. AFN will cooperate fully with Contractor to achieve the objectives of this contract.
8.2. AFN will provide information, documents, materials and services that are within the
possession or control of AFN and are required by Contractor for performance of the services.
8.3.. The Contracting Officer will act as liaison between AFN, Contractor, public agencies, and
others involved in the project.
9. Pavment. Contractor will pay AFN as follows:
9.1. One Thousand Five Hundred dollars ($1,500) per month due and payable no later than
1 st day of each month.
9.2 Seven percent (7%) of gross revenue generated from services performed under this
agreement for the previous month, excluding PEG and franchise fees, due and payable no later
than the 15th day of each month.
10. Contractor shall be responsible for all applicable taxes including, but not limited to franchise
fees and PEG fees.
11. Compliance with Law:
11.1. This contract will be governed by and construed in accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City and city governments with respect to the
services including, but not limited to, provisions of ORS 279.312,279.314,279.316 and
279.320.
11.2. Contractor is a "subject employer" as defined in ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to AFN that Contractor has
workers' compensation coverage required by ORS Chapter 656. If Contractor is a carrier
insured employer, Contractor shall provide AFN with a certificate of insurance. If Contractor is a
self-insured employer, Contractor shall provide AFN with a certification from the Oregon
Department of Insurance and Finance as evidence of Contractor's status.
PAGE 3-CONTRACT
12. Records:
12.1. Contractor shall develop and maintain complete books of account and other records on
the services which are adequate for evaluating Contractor's performance. Contractor shall
maintain records in such a manner as to provide a clear distinction between the expenditures
and revenues related to the project and the expenditures and revenues related to Contractor's
other business.
12.2. Contractor's books and records shall be made available for inspection by AFN at
reasonable times, to verify Contractor's compliance with this contract. AFN shall have the right
to request an audit of Contractor's books and records by a certified public accountant retained
by AFN.
12.3. Contractor shall provide AFN with an annual income and balance sheet no later than
January 31st for the previous calendar year.
12.4. Contractor shall provide AFN a monthly gain report by tier and a monthly loss report by
tier and reason.
13. Indemnification: Contractor shall defend, indemnify and save City, its officers, agents, and
employees harmless from any and all claims, actions, costs, judgments, damages or other
expenses resulting from injury to any person (including injury resulting in death,) or damage to
property (including loss or destruction), of whatsoever nature arising out of or incident to the
negligent performance of this contract by Contractor (including but not limited to, the negligent
acts or omissions of 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 claims, actions, costs, judgments, damages or other expenses, directly and proximately
caused by the negligence of City.
14. Insurance:
14.1. Contractor shall, at its own expense, at all times during the term of this contract, maintain
in force:
14.1.1. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this contract, blanket
contractual liability, products and completed operations and owner's and
contractor's protective insurance;
14.1.2. A comprehensive automobile liability policy including owned and non-
owned automobiles.
14.2. The coverage under each liability insurance policy shall be equal to or greater than the
limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000
per occurrence (combined single limit for bodily injury and property damage claims) or $500,000
per occurrence for bodily injury and $100,000 per occurrence for property damage.
14.3. Liability coverage shall be provided on an "occurrence" basis. "Claims made" coverage
will not be acceptable, except for the coverage required by subsection 14.2.
PAGE 4-CONTRACT
14.4. Certificates of insurance acceptable to the AFN shall be filed with AFN prior to the
commencement of any work by Contractor. Each certificate shall state that coverage afforded
under the policy cannot be cancelled or reduced in coverage cannot be made until at least 30
days prior written notice has been given to AFN. A certificate which states merely that the
issuing company "will endeavor to mail" written notice is unacceptable.
15. Default:
15.1. Compliance with the terms and conditions of this contract will be measured by financial
reporting. In this regard, Contractor agrees to submit to an annual audit of all of its books and
records at the expense of AFN. If the annual audit reflects that Contractor has underpaid its
obligations under Section 9 by more than two percent (2%), Contractor will, in addition to any
back payment owing, be required to pay to AFN the costs of the audit within 30 days of the date
of the invoice for such costs.
15.2. In addition to financial compliance with the terms and conditions of this agreement
compliance will also be measured based on market penetration. Minimum acceptable
penetration as a percentage of serviceable homes passed is ten percent (10%).
15.3. There shall be a default under this contract if either party fails to perform any act or
obligation required by this contract within ten days after the other party gives written notice
specifying the nature of the breach with reasonable particularity. If the breach specified in the
notice is of such a nature that it cannot be completely cured within the ten day period, no default
shall occur if the party receiving the notice begins performance of the act or obligation within the
ten day period and thereafter proceeds with reasonable diligence and in good faith to effect the
remedy as soon as practicable.
15.4. Notwithstanding subsection 15.1, either party may declare a default by written notice to
the other party, without allowing an opportunity to cure, if the other party repeatedly breaches
the terms of this contract.
15.5. If a default occurs, the party injured by the default may elect to terminate this contract and
pursue any equitable or legal rights and remedies available under Oregon law. All remedies
shall be cumulative.
15.6. Any litigation arising out of this contract shall be conducted in Circuit Court of the State of
Oregon for Jackson County.
16. Termination without Cause:
16.1. In addition to the right to terminate this contract under subsection 15.3, AFN may
terminate by giving Contractor written notice sixty days prior to the termination date.
16.2. In addition to the right to terminate this contract under subsection 15.3, Contractor may
complete such analyses and records as may be necessary to place its files in order and, where
considered necessary to protect its professional reputation, to complete a report on the services
performed to date of termination.
PAGE 5-CONTRACT
16.3. If AFN terminates the contract under subsection 16.2, Contractor shall be paid for all fees
earned and costs incurred prior to the termination date. Contractor shall not be entitled to be
compensated for lost profits.
17. Notices: Any notice required to be given under this contract or any notice required to be
given by law shall be in writing and may be given by personal delivery or by registered or
certified mail, or by any other manner prescribed by law.
17.1. Notices to AFN shall be addressed to the Contracting Officer at the following address:
Director of Information Technology
City of Ashland
90 N. Mountain Ave.
Ashland, OR 97520
Notice shall also be sent to:
City Administrator
City of Ashland
20 East Main Street .
Ashland, OR 97520
17.2. Notices to Contractor shall be addressed to the Contractor's Representative at the
following address:
\2.~ tJ. \~-\ SV.t4 SuA~\
A-s~lu ^d. I all. tq.,SlO
18. Assianment: AFN and Contractor and the respective successors, administrators, assigns
and legal representatives of each are bound by this contract to the other party and to the
partners, successors, administrators, assigns and legal representatives of the other party.
Contractor shall not assign or subcontract Contractor's rights or obligations under this contract
without prior written consent of AFN. Except as stated in this section, nothing in this.contract
shall be construed to give any rights or benefits to anyone other than AFN and Contractor.
19. Modification: No modification of this contract shall be valid unless in writing and signed by
the parties.
~~
Fed. ID # 02-1()Y;({Q'19
City
BY ~~ ~~L
PAGE 6-CONTRACT
ASHLAND HOME NET
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.i
,.
. @s~land Home Net
PROPOSAL
City of
ASHLAND
- CABLE TV SERVICES
August 24, 2006
RFP - Cable 1V Services, 812212006,
1
~
@sIBIdIDleNet
RFP CABLE TV SERVICES
TABLE OF CONTENTS
.
Cover Letter................................................................................................ 3
.
Qual.ifications an.d Experience.................................................................... 4
.
Busmess Platl............................................................................................... 6
.
Marketi.n.g Plan. ............. .... ......... ....... ... .......... ....... .......... ..... ....................... 7
.
Fee .Arran.gement ............. ................ ...... ........ ............ ....... ..... ........... .......... 8
.
Conttactual Terms 8Ild ConditiQDS .............................................................8
.
References .................................................................................................. 8
RFP - Cable TV Services, 812212006,
2
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Cover Letter
Ashland Home Net started doing business in Ashland as an ISP for the Ashland Fiber Network
in 2000. In December of 2001, Gary Nelson, the present owner, took control of the company
and has guided it forward to become what it is today.
Our slogan since 2001 has been "We Give You More". We have always strived to give our
customers more than any other ISP in the city group. We think our growth in customers over
the last few years. (Customers in 2001 = 200, Customers today = 750) has proven that this
slogan has been successful.
List of ' 'we give you more"
· Purchased High Quality email software.
· Multiple email domains.
· First to offer Anti-virus email protection.
· First to offer Spam email protection.
· Monthly news letters offering both connection and computer information.
· First to achieve AFN Gold Standard award.
· Extended tech support hours.
· US Postal Service mailed invoice.
We have an advantage for the City Television service, as many of the Television customers are
already our customers thru the Ashland Fiber Network internet connection. Customers already
know who we are and where we are. We are an ISP partner with the city of Ashland and still
located in the City. We are home town people.
Each year we are involved in many Ashland events to connect with the people in Ashland. For
the last 5 years we have had an entry in the July 4th parade with a float. We are also a member
of the Ashland Chamber of Commerce and participate in many of their events for Ashland.
RFP - Cable TV Services, 8/2212006,
3
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Qualifications and Experience
. Gary W. Nelson, 123 North 1 It Street # 1, 541-488-9207
· Over 30 years of strong and diverse experience in all levels of CUSTOMER
SERVICE, MANAGEMENT, SALES, and MARKETING includingserviee,
wholesalelretall sales, importing, business development and operations.
Adept in directing all facets of business operations entailing capital assets, purchasing,
sales, marketing, computerization, employee relations and financial reporting. Possess
the unique marketing ability to visualize concepts and implement them into profitable
promotional and merchandising events.
Highly computer literate: competent projecting potentials sales, forecasting directions of
business flow and performing financial analysis that ensures the ultimate success of
business needs and solutions.
Experienced and knowledgeable in developing innovative sales methods that
concentrate on exclusive product usage thereby achieving increased sales.
Proficient in obtaining stated objectives in a professional, timely and cost effective
manner.
Excellent interpersonal skills which are utilized to establish rapport with customers and
identify needs and solutions.
Highly skilled and competent in design, lay-out, and production camera ready
advertisements.
Hardworking with a proven record of perseverance which consistently attained top
sales.
Trustworthy, conscientious, highly self-motivated and persistent.
Willing to give more than it takes to get the goal fulfilled.
My latest experience has been with Ashland Home Net as an Internet Service Provider
connecting customers to AFN. We currently have over 750 customers with connection
to AFN as well as web hosting and other service accounts. We do our own billing and
receiving on all our accounts, so we are able to answer all our customers questions. We
handle all our customers support questions about their connection and in most cases
even their cOmputers.
My experience before Ashland Home Net was working with Scott-Edelman Supply Co.
RFP - Cable TV Services, 812212006,
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for over 13 Years. With them I was able to increase their customer base from 300
customers to over 20,000 customers and I was completely in charge of all aspects oftbis
business. I was involved with both the training and handling of all customer service
aspects. I was also completely in charge of all marketing for the designing of full page
advertisements in the national mJ\V7.ines. I would then build them completely and make
them camera ready for direct insert into the publications.
My experience before Scott-Edelman Supply Co. was my own business for 18 years
which included st8rting a wholesale Import business serving 27 states with products.
This included making a four-color sales catalogs in house and marketing these products.
I also opened over the course of several years five retail stores to sell products directly.
Before doing my own business I worked as a food broker in Southern California for 8
years handling 25% of the major food chains headquarters selling over $30,000,000.00
per year and working closely with Marketing to making sure that product moved tbm
the stores to the customers.
· I will be doing Headend duties along with Steve Lane and Marty Rush. When awarded
the contract I will be actively working to bring Dan Nelson on board as your headend
master. Dan has been working for AFN for several years doing the headend activities
and is fully qualified to do the work.
· My philosophy on a full service customer service company has always been and will
continue to be "We Give You More!". I understand that without the customer, my
business doesn't exist. I will continue to serve the people in Ashland aIid do everything I
can do to make this business what they want. I will train all my employees to this
philosophy.
· We don't have any constraints that would affect our ability to perform the services
promptly and efficiently. Because we have been in Ashland for years serving our current
customers it should be simple for us the handle this service.
· Myself and some of my employees have been bonded in the past. None of us have ever
had problems.
· None of the employees of Ashland Home Net have filed for bankruptcy in the last 10
years.
· None of the employees of Ashland Home Net have any pending litigation, liens or
claims against them. All employees are willing to submit to a background check
performed by the Ashland Police Deparbnent.
· We don't see any problems, as our goal is to provide the people in Ashland television
service and support.
RFP - Cable TV Services, 812212006,
5
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Business Plan
· We will have limited start up cost as the proposed business plan is the same as our
business plan already in effect with Ashland Home Net.
· We currently have a positive cash flow with our business which should allow us to
handle adding on the TV service with no additional cash flow problems.
· We will have to sit down, after chosen, to handle the TV program to see how we are
going to handle the transfer of the customer billing as we will be billing in advance and
the City of Ashland bills in the past. We have some ideas on how the make this work for
the benefit of the customers.
· We currently have a store front at 123 North 1st Street #1 with 2~ years to go on the
lease. This is a downtown location across the street from the post office which is highly
visible for the people in Ashland.
. We would be able to move very quickly as we are already up and ronning.
· All Employees are currently making above the Ashland Living Wage Ordinance 3.12
· Our Philosophy on customer service is that the customer comes first. We have proven
with Ashland Home Net Internet service that we can handle this well. We have a goal to
answer each phone call with a real live person on the first ring. We have a 9001'0+ success
with this program now.
. The management of the daily operations will be handled by Gary Nelson. He will make
sure that the service plan is working and have staff on board at all times.
. We will answer the phones from 8 AM to 11 PM Monday - Friday and Saturday 9 - 5
for support. Our main office is open from 9-5 Monday - Friday to handle all billing
questions.
. We will have 1 - 4 people on staff during support hours Monday - Friday and Saturday.
Staffing will be shifted around to handle the peak times during the day.
. Headend will be handled on a daily schedule for monitoring equipment and noise levels
with emergency needs handled on case by case basis.
. Estimated hours needed at headend is 80 hours per month.
. At present time we are looking at 2 tiers of service, after being offered the contract, we
will look at a possible 3M tier or partnering with a Dish service to handle upper channels.
. Our current goal is to offer a Community tier @ $9.96 per month with 13-14 channels
RFP - Cable TV Services, 8122f2006,
6
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(similar to the current tier 1 offered by AFN). A second Basic tier @ 17.99 with all
channels in Community tier plus 20-22 more channels (similar to the current tier 2
offered by AFN). Final channels to be selected after making new contracts with
suppliers. Any tiers above this are still in the works and final pricing would be based on
future contracts with venders.
Tier 1 Community
'.;5..
.'.1..
· I believe in the slogan of putting my ear to the ground to hear what the people in
Ashland want in their programming. I believe that Ashland is a unique market with
interests that different in programming then the average national viewer. We would
work with our own surveys to get additional information for future changes.
· All retail pricing proposed above are conditional on us receiving respectable fees from
the vendors and current competitive pricing from Charter.
Marketing Plan
. Our present marketing plan has been using the Ashland Daily Tidings with weekly display ads
and the local Yellow Pages display ads. Part of our advertising program has been our location in
downtown Ashland. Nearly everyone in Ashland goes to the US Post Office frequently. By
having a frontal across the street lets everyone know who we are and we can on occasion
display our specials in the windows for all to see.
We can also package the TV service with the Internet service and run specials based on this
connection, just like Charter already does. These specials could include free service, free
modem, free setup, reduced package price and others. We would also offer combined billing if
they have our Internet service.
We are also expanding into offering other services (telephone, cell phone, Etc) to package
. together with the TV and Internet service. This will allow us to compete with other major
RFP - Cable TV Services, 8/2212006,
1
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resellers who are offering single billing packages.
We would also include supporting our local clubs and associations. Join together with other
private companies to trade services and exposures.
Fee Arrangements
We would like to offer the City of Ashland a fee of $1,500.00 per month for the lease of the
headend. On top of that we would like to share with Ashland @ a rate of 7% on the revenue we
receive from the monthly service fees from the customers for TV services.
We also understand that there is an outside contract with Hunter Communications for local
channels transport and that we would be responsible for the cost and work with Hunter
Communications on this service.
We would be agreeable to all charges for installation and Technical support fees as listed in the
RFP - Cable TV Services on page 12
Contractual Terms And Conditions
We would expect to enter into a contract with the City of Ashland as outlined in the RFP. We
will work on the Terms and Conditions for the reasonable completion of such contract. Our
goal in this area is to make it amenable for both sides because alternately we are doing this for
the benefit of the people in Ashland
References
The following three (3) references would have knowledge of our full service customer service.
· Marisela Vazquez, Jamuna, Ashland O~ 951-1487
· Alan Oppenheimer, Open Door Networks, Ashland O~ 488-4127
· Jim Teece, Project A, Ashland O~ 488-1702
The following three (3) references would have knowledge of our marketing.
· Ed Taylor, Internet Marking Group, Ashland O~ 941-4840
· Gordon Roda, Direct Effect, Ashland O~ 482-3275
· Michael Ainsworth, Ashland Fiber Networks, Ashland O~ 552-2316
RFP - Cable TV Services, 812212006.
8
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I present this proposal to the City of Ashland
~~
Signed by:
Printed name: ~ IJ 1=;=7 S b IV
Title: -f3., ~-<~~
Firm:~rL!J.o~ fJe-r-
Date:~ '=>
RFP - Cable TV Services, 812212006,
9
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".- . c . .
August 3, 2006
REQUEST FOR PROPOSAL
CABLE TV SERVICES
ADDENDUM #1
The purpose of this addendum is to provide clarificati9n:
On page 3 of the RFP, it states the following:
\
The successful proposer will be awarded a contract for two years. " it is in the City of Ashland's best
interest, the contract may be extended for one (1) additional year for a maximum period of three (3) years.
And, on page 14 of the RFP, it states the following:
Contractual Tenna and Conditions:
· The" proposal should Indicate acceptance of the City of Ashland's contract provisions or suggest
reasonable alternatives that do not substantially impair the City of Ashland's rights under the
contract.
· The proposer may also propose contractual terms and conditions that relate to the subject matter
reasonably identified in the Request for Proposal.
In reference to these statements, proposers can choose to accept the City's terms and
conditions and/or provide reasonable alternatives to the contract terms and conditions.
This applies to all of the contract terms and conditions within the RFP, including the
length of the contract.
tPlease review, sign, and return this addendum with the RFP documents.
title:
Firm:
THIS SIGNED ADDENDUM MUST BE RETURNED WITH YOUR BID RESPONSE.
. -II
August 11, 2006
REQUEST FOR PROPOSAL
CABLE TV SERVICES
ADDENDUM #2
The purpose of this addendum is to provide clarification and additional infonnation as
requested at the Pre-proposal Mandatory Conference, August 10, 2006.
Please note, on Page 5 of the RFP, It states the following:
Verbal statements made by the City of Ashland tepf8B8ntatives at the Afandatory Pre-ProposaI Conference
do not change the RFP document unless the City of Ashland conIinns such changes with 8 written
addendum to the RFP document.
The infonnation applicable to this RFP is being presented to you in writing in the form of
an addendum as required on p. 6 of the RFP.
The Scope of Services, Minimum Qualifications, and what will be required of the
successful contractor can be found on Page 10-11 of the RFP. This requirement, as
well as the entire ~P, has been constructed in a manner that is Intended to encourage
competition and create a fair playing field for III Interested Individuals.
Proposals will be evaluated in accordance with the procedures and Evaluation Criteria
described on Page 15 of the RFP. Please note that the brief descriptions under each
category of the Evaluation CrIteria has been provided to assist the proposer in
understanding how the Evaluation Criteria has been constructed from the section titled
Contents of Proposal.
The minimum contractual tenns and cOnditions, Including Insurance reauirements. are
Included in the RFP. Under ORS 279B.06O(hXAXBXC), the City of Ashland may allow
the proposer to reCommend altematlve contractual terms and conditions and/or
contractual tenns and conditions that relate to the subject matter reasonably identified in
the RFP, which can all be negotiated. These allowances are on Page 14 of the RFP
under Contractual Tenns and Conditions, and they require a response from the
proposer.
Additional infonnatlon:
The City of Ashland is unable to provide programming contracts because they contain
confidentlallnfonnation.
The City of Ashland will not transfer programming contracts..
The City of Ashland will not. make purchases on behalf of the successful proposer.
. .
The system is capable of trapped specialized. programming.
The CitY of Ashland currently has six (6) commercial accounts. Yes, the contracts are
transferable with 3O-days notification.
The successful proposer will be responsible for all subscriber billing services related to
cable television services.
It is nm acceptable for a potential proposer to contact City employees in an attempt to
recruit them for employment with their company during the RFP process, which began
when the RFP was released and will remain in effect until a contrad for cable television
has been fully executed.
Additional edJibits are beina Drovldld as {QI~
Exhibit -E- Free Channels
Exhibit -P Trend Data
o Trend data is being provided for the previous fiscal year - July 1, 2005 through
June 30,2006.
The section titled -BUSINESS Pl.1N on Page 14 of the RFP is being revised.
Therefore, the proposer is required to include their respo~ses to these requirements
within their proposal.
The additional requirements, as well as, the revisions are being presented in -red-.
BUll..... ~
· Include a proposed IuIJBI&BIIl for the proposed operations, including but not limited to the
following:
. Estimated start up costs
. Cash flow chart
. Fmancial infonnation related to your abiBty to finance these operations
. Describe your cunent storefront operation within the City of Ashland and/or your definitive
plan, commibnent and timeIine to establish a storefront presence within the City of Ashland
. Describe your proposed timeline for completing the major steps required to fully establish
the business of providing cable television services .
. Employee wages, taki1g ink> consideration the Ashland Uving Wage Ordinance 3.12
. Philosophy on customer service
. HOw the customer service operations will be managed on a daily basis
. Hours of operation and stalling levels
. Describe the number nI schedule of the customer service staff members you detennlne
to be necessary to service the customer base.
. How the Headend win be managed .
· Estimate" the number of hours per month it wiD be necessary for your technical staff to be
~tmtheHeum .
. Number of cable TV tiers (Optional)
.. Channel listings per tier (Optional)
. Describe how programming will be selected
· Indude the number of proposed tiers (Will there be one tier or multiple tiers?)
· Proposed methodology for obtailing community input on programming decisions
. Proposed retail pricing . "
· Describe your desired methodology for notifying subscribers of the change in service
providers
As soon as I receIVe the budget and franchise information, it will be presented to you in
the tonn of another addendum.
Please review, sign, and retum this addendum with the RFP documents.
title:
Firm:
/
DENDUM t1. ./ J
Date: r/"q/o ~
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August 14,2006
REQUEST FOR PROPOSAL
CABLE TV SERVICES
ADDENDUM #3
The purpose of this addendum is to provide clarification and additional information as
requested at the Pre-proposal Mandatory Conference, August 10, 2006.
Additional information:
The average cost of acquiring a new AFN cable television subscriber is $49.00. The
average acquisition cost of $49 reflects the AFN marketing efforts to get the customer to
buy the product once. This calculation is based on "gross cable lV connects'" which
have totaled 8,558 over the past seven years, including "year one" marketing efforts to
build brand-name recognition.
Additional Exhibits are beina orovided as follows:
Exhibit "G" Franchise and PEG Fees
Exhibit "H" Telecommunications Fund (2006-2007 Al1nual Budget)
o The Programming fees are included in the.line item "Other Purchased Services"
of the Telecommunications Fund for Cable Television.
o Please note the "Customer Relations/Promotions" budget is not exclusively for
cable television.
. Please review, sign, and retum this addendum with theRFP documents.
tt/-Z-tr/ 0 h
tv" "J eLSd iJ
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Rnn: Jt>Lk ./Wlt)~.u;- (;..Jet
THIS SIGNED ADDENiJUM'MUST BE RETURNED WITH YOUR BID RESPONSE.
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August 16, 2006
REQUEST FOR PROPOSAL
CABLE TV SERVICES
ADDENDUM #4
The purpos~ of this addendum is to provide additional information.
, Additional information:
AFN Cable TV has the ability for Commercial Insertion, which representS a potential
source of revenue for the successful proposer. Currently AFN inserts commercials on
eight cable networks; A&E, Food, ESPN, MTV, Lifetime, TLC, WTBS, and CNN with a
maximum frequency of approximately 72 thirty s~nd spots per day/per insertion
channel.
Current TV advertising rates ar~ $5 per 30 second airing.
AFN does not have prOduction capabilities; therefore, commercials will need to be pre-
produced at an outside entity.
Please review, sign, and return this addendum with the RFP documents.
of this ADDENDUM #4. I /
~ ~ Date: 11 Zf{Ob
PrInted name: G4ut W' 1JfiL5;ollJ
TItle: ~ {
Rrm: I+stkmJ 11 ~F IJt:"I
THIS SIGNED ADDENDUM MUST BE RETURNED WITH YOUR BID RESPONSE.
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CITY OF
ASHLAND
r.,
Request for Proposal
CABLE. TV SERVICES
July 31, 2006
Contactlnfonnatlon:
Karl Olson
Purchasing Representative
City of Ashland
80 N. Mountain Ave.
Ashland~ OR 97520
Tel: 541-488-5354
t\ RFP - Cable TV Services,.7/3112006, Page 1 of 16
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CABLE TV SERVICES
TABLE OF CONTENTS
PURPOSE OF THts RFP........................ ..................................................................... ...3
MANDATORY PRE-PROPOSAl. CONFERENCE... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..5
SCHEDULE OF EVENTS............................................................................................. ...6
SCOPE OF SERViCES........................ .............................. .......................................... ..10
CONTENT OF PROPOSALS...... ....................................... ............ ...... ...... .................. ....13
EVALUATION CRITERIA...... ............ ..................... ....................................................... ...15
SUBMISSION OF PROPOSALS... .................. ...... .................. ............ ...... ..................... ...16
CONTRACT..................... ......................................................... ................................. ...17
EXHIBIT -A- INVENTORY OF HEADEND EQUIPMENT
EXHIBIT -Bw CHANNEL LINEUP
EXHIBIT -C- ASHLAND LMNG WAGE REFERENCE SHEET
EXHIBIT wOw ASHLAND MUNICIPAL CODE, TITLE 3, LIVING WAGE, CHAPTER 3.12
RFP - Cable TV Services, 7/3112006, Paae 2 of 16
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CITY 0'
ASHLAND
REQUEST FOR PROPOSAL
CABLE TV SERVICES
July 31, 2006
The City of Ashland is requesting proposals from individuals or companies that are interested in leasing the
"CIty of Ashland's Cable TV analog video Headend and all the associated equipment to provide professional
Cable Television services within the CIty of Ashland.
The successful proposer will be awarded a contract for two years. If it is in the CIty of Ashland's best
interest, the contract may be extended for one (1) additional yeal for a maximum period of three (3) years. ".
The individual, team or company would assume the management responsibilities for all Cable TV Headend
and satellite receiver dish related. operations including daily Headend operations, maintenance, upgrading,
technology refreshing, and compIrig with governmental FCC RIles and regulations. The Headend is
essentially the technical operations facilities for receiving the Individual cable TV networks to redisbibute
them to CATV subscriber homes and businesses. .
The City of Ashland's Ashland Fiber Network Cable TV (-cA lV) Division currently serves approximately
3,100 subscribers via a Hybrid Fiber Coax ("HFC1 network owned CIld maintained by the City of Ashland.
Cable TV customers subscribe to the following services:
Tier 1 3095 of which 253 subscribe solely to this service level
TleI' 2 2843 of which 1027 subscribe solely to this service level
TI8f' 3 1815
TI8f' 4 346
HBO 275
ShowIime 40
Starz 55
There are approximately 8,500 cable ready potential subscribers connected to the Ashland Fiber Network.
The actual detailed map, which contains conftdentiaI proprietary Infonnation, wiD be provided to the
successful proposer during contract negotiations.
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The Ashland Aber Network, is a competitive CATV mar1<etpIace and cunently offers alternative CATV
product. To continue to be successful in a competitive environment, the successful proposer will need to
maintain a relevant mannellineup that represents the viewing interests of a diverse community.
Although the cable TV mannellineup will be the sole responsibility of the successful proposer, the City
strongly recommends that the following mannels that are of interest to Ashland subscribers be carried:
Local Medford OMA broaat'TV stations, all available RVTV mannels, , ESO (Jackson Long Distance
Education), FSTV, LIME, and WISDOM.
The Request for Proposal is intended to provide interested persons with 'sufficient information to prepare
and submit a Proposal to provide professional Cable Television services in Ashland via leasing the Ashland
Fiber Network CA TV'Headend from the City of Ashland.
LOCAtION OF CABLE TV ~D ANQASSOgATED EQ\JIPIDn
The Cable TV analog video Headend and all of the associated equipment is located at the City of Ashland,
Service Center, 90 N. Mountain Avenue, Ashland, Oregon, 97520.
The Cable TV Headend area is approximately 400 square feet and shares technical facilities with Ashland
Fiber Network's internet equipment Eight satellite dishes are located outdoors a short distance from the
technical facility.
The physical location of the Headend will remain in the City of Ashland, Senrice Center, at 90 N. Mountain,
and the successful proposer will be granted entry access into this facility. The successful proposer and
their designated staff who require access to the Cable TV analog video Headend and associated
equipment located on City property will be required to pass a background check as performed by the
Ashland Police Department as well as, any other law enforcement entities the Ashland PoI'IC8 Department
deems necessary. '
The successful proposer will only have the authority to access the Cable TV analog video Headend and all
of the associated equipment in the Headend area. The successful proposer will om have the authority to
access the internet equipment or any other area within the City or to use other City property for any reason.
There will be no storage of equipment and supplies on City property, and vehicles will only be parked in
authorized spaces. The successful proposer and their designated staff who have the authority to access
City property shall also be required to maintain a safe distance from the heavy equipment and numerous
City vehicles being operated on City property.
The successful proposer will be required to maintain the Cable TV Headend equipment in a consistent
reliable, and professional manner. The Director of Information Technology, or his or her designee, must be
notified immediately of any and all emergency situations and within 24 hours, if the situation does not
constitute an emergency but does require the Director of Information Technology, or his or her designee, to
be notified. The Cable TV Headend area will be used solely' for the Cable TV analog video Headend
equipment No additional equipment, supplies, andIorvehicles wi be stored on City property.
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RFP - Cable TV Services, 7/3112006, Page" of 16
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Infonnation, correspondence and questions pertaining to this Request for Proposal (RFP) shall !II.I be
directed to:
Name:
TItle:
Department:
Add.....:
Telephone:
Karl Olson
Purchaalng R8pNIentatIve
Finance Department
90 N. Mountain, Ashland, OR 97520
541-8-5354
This person is the only point of contact during the antim RFP process including clarification and/or protest
of specifications, method of bidding, the evaluation and award process, a1dIor other questions that may
arise. The RFP documents may be mviewed upon mquest by contacting the designated contact person
listed above. . .
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All potential proposers nl8quired to attend the Mandatory Pre-ProposaI Conference. The City will only
accept proposals from the individuals or from the companies who had a repre$eIltative present at the
mandatory pre-proposaI conference. The Mandatory Pre-ProposaI Conference will consist of a project
overview, a walk-through of the facility, and an opportunity for the potential proposers to ask questions.
Verbal statements made by the City of Ashland repre$eIltatives at the Mandatory Pre-ProposaI Conference
do not change the RFP document unless the City of Ashland confirms such changes with a written
addendum to the RFP document
The MMandatory" Pre-PropoeaI Conference "scheduled for the following date Ind time.
Day & Date Thursday, August 10, 2008
Time: 10:00M
location: City of Ashland, Selvlce Center, 90 N. Mountain Ave
OM 1J7~7-G1m}(1)512PiHlNG DUE DAlE AND TIME
Proposals must be received prior to the scheduled opening.
The ODIIIlng is scheduled for the following due date and time:
Due date and time: 2:00PM, Thursday, August 24, 2006
The proposal must be addl8SS8d to the designated contact person and I8C8ived prior to the due date and
time. Late proposals will nm be considered.
All potential proposers n encouraged to ask questions and l8quest additional information that will aid in
the clarification of the RFP l8quinKnents. Questioos and l8quests for information will be promptly
considered, and responses win be provided in the form of an addendum. Addenda win be mailed to all
potential proposers who have received the RFP documents.
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RFP - Cable TV Services, 7/3112006, Page S of 16
6CIMII DAli
Request for PropouI Released July 31, 2006
Mandatory Pre-PropoIaI Conference 10:00All, Thursday, August 10, 2008
DUE DATE AND nME 2:00PM, Thursday, August 24, 2006
Evaluation ProctII August 25 . 31, 2006
PreIentecI to City Council for Approval September 5,2006
Intent to Award Announcement September &,2006
Contract Award September 13, 2006
Date work expected to begin September 18, 2006
NOTE: This is a tentative schedule and is provided as a courtesy to potential proposers. The actual .
schedule may vary from that provided without notice to potential proposers. Any changes made to .the
closing date of the RFP win be made in the form of an addendum and mailed to all potential proposers who
have received RFP documen1s. .
OAR 137.047.0260(2Ka)(F) ~The provisions of this RFP cannot be modified by oral
interpretations or statements. Proposers are cautioned not to make any assumptions as to the implied
meaning or intent of any part of the RFP. Proposers should request clarification. If inquiries or commen1s
by proposers raise issues that require clarification by the City, or the City revises any part of this RFP,
addenda will be provided to all. persons who received the RFP. Receipt of an addendum must be
acknowledged by signing and retuming it with the proposal. Addenda wiD be issued within a reasonable
time to allow prospective proposers to consider the addenda in preparing their proposals. Addenda shall
not be issued less than 72 hours before the closing unless the addendum also extends the closing.
ORS 2798.405 proteet SoIJdItIon Procea My prospective proposer who contends that the provisions
of this RFP or any aspect of the procurement. process wi encourage favoritism in the award of the Contract,
or substantially diminish competition, must file a written protest to the RFP at least ten days prior to the
date set for the opening of proposals. FliIure to file a protest wiU be deemed a waiver of ..y claim by a
proposer that the procurement process violates any provision of ORS Chapter 279A, 2798, 279C or the
Ashland Municipal Code. The City of Ashland Will consider the protest and issue a decision in writing no
less than three business days before the proposals are due.
~Any proposal may be withdrawn by deflV8l'ing a written request to the contact
person named in the RFP at any time prior to the time set for opening proposals. The request shall be
executed by a duly authorized representative of the proposer.
ProDoIaI Acc8Dtance Proposals that do not address _ areas requested by this RFP may be deemed
non-responsive and may not be considered for any possible contract awarded as a result of this RFP.
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RFP - cable TV Services, 7/31/2006, Page 6 of 16
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ORS 2798.080(2)(e) Ca~ or Qllu.Procu~ The City of Ashland may cancel the
procurement, reject in whole or in part any or all proposals, or suspend or delay the procurement in
accordance with ORS 2798.100 when Its in the best interest of the City of Ashland as detennined by the
City of Ashland. In no event shall the City of Ashland have any liability for the cancellation, rejection, or
suspension of a solicitation or award. The proposer assumes the sole risk and responsibirlty of all expenses
connected with the preparation of its proposal.
~IUlIQJ1 By submitting a proposal, proposer certifies that no officer, agent, or employee of the City of
Ashland has a monetary interest in this proposal; .that the proposal is made in good faith without fraud,
collusion, or connection of any kind with any other proposer and that the proposer is competing solely in its
own behalf without connection with, or obligation to, any undisclosed person or finn.
IlIsDUtel In case of any doubt or differences of opinions as to the items or services to . be furnished .
hereunder, or the interpretation of the provisions of the RFP. the decision of the City of Ashland shall be
final and binding upon all parties.
~larlflcatlon of ResDOnlll The City of Ashland reserves the right to request clarification of any item in
any proposal, or to request additional information necessary to properly evaluate a particular proposal.
RefnncesThe City of Ashland reserves the right to investigate any and all references and the past
perfonnance information provided in the proposal with respect to propose(s successful perfonnance of
similar projects, compliance with specifications and contractual obligations, completion or delivery of a
project on schedule; and lawful payment of employees and workers.
~ The contractor shall use recycled products to the maximum extent economically
feasible in the performance of the contracl
Jtecvda* Products The contractor shall use recyclable products to the maximum extent economically
feasible in the performance of the contract.
ORS 279B.080(2)(g) If required under ORS 468A.710. the contractor or subcontractor is required to
possess an asbestos abatement license. (Note: Under the Oregon Revised Statutes, this statement is
required m be included in a fonnaI competitive se*l proposal, also referred to as a Request for Proposal.)
AMC Chapter 3.12 UYlna W. If the contract exceeds $16,936. the Contractor will be required to
comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage to applicable .empIoyees,
as defined in this chapter, performing work under this contract and to any applicable subcontractor who
performs 50% or more of the s8rvice work under this contract. The Living Wage is $12.14 per hour
effective June 30,2006 and increases annually every June 30 by the Consumer Price Index. In calculating
the living wage, employers may add the value of health care. retirement, 401K and IRS eligible cafeteria
plans Oncluding childcare) benefits to the amount of wages received by the employee. It is the responsibility
of the proposer to review and comply with the. Uving Wage ordinance requirements. which can be viewed
online at www.ashland.or.ut.The Living Wage Reference Sheet is attached as EXHIBIT .C. and the
Ashland Municipal Code, Living Wage, Chapter 3.12 is attached at EXHIBIT V.
... The Living Wage is $12.14 per hour effective June 30, 2006 ...
. (Increases annually every June 30 by the Consumer Price Index)
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RFP - Cable TV Services, 7/3112006, Page 7 of 16
ORS 2798.080(5)(1) ~ Notwithstanding ORS 192.410 to 192.505, proposals may be
opened in a manner to avoid disclosure of contents to competing proposers during, when applicable, the
process of negotiation, but the City of Ashland shall reOOrd and make avtIIabIe the identity of all proposers
as part of the City's public I8COIds from and after the opening of the proposals.
Notwithstanding ORS 192.410 to 192.505, proposals are not required to be open for public inspection until
after the notice of intent to award a contract is issued. The fact that proposals are opened at a meeting, as
defined in ORS 192.610, does not make their contents subject to disclosure, regardless of whether the
public body opening the proposals fails to give notice of or provide for an executive sesSion for the purpose
of opening proposals.
ORS 279B.08O(5)(b) Notwithstanding any requirement to make
proposals open to public inspection after the City of Ashland's issuance of a notice of intent to award a
contract, the City of Ashland may withhold from disclosure to the public rnateriaIs included in a proposal
that are exempt or conditionally exempt from disclosure under ORS 192.501 or 192.502. Under ORS
192.505, it is the City of Ashland's responsibility to ~ the exempt and nonexempt material and make
the nonexempt material available for examination. Therefore, it is the responsibility of the proposer to
clearly identify trade secrets as confidential information and i1cIude them separately within their proposal.
The City of Ashland, in good faith, will honor the proposer's request to keep the proprietary infonnation
confidential in accordance with the Oregon Revised Statutes.
ORS 2798.060(10) ContnIct AWlrd The City of AshIa1d shall award the contract to the responsible
proposer whose proposal the City of Ashland detennines in writing to be the most advantageous to the City
of Ashland based on the evaluation process and evaluation factors desaibed in the request for proposals,
and any applicable preferences desaibed in ORS T/9A.120 and ORS Zl9A.125 and, when appI'lC8bIe, the
outcome of any negotiations authorized by the request for proposals.
ORS 2798.080(9) Jntent to AWlnt The City of Ashland shall issue or eIectronicaly post the notice of
intent to award desaibed in ORS 2798.135 to each proposer who submitted a proposal.
dRs 2798.410 ProtI8t of ContnIct AwanlBigible proposers pi'Otesting award shall follow the procedures
described herein. Protests that do not follow these procedures shall not be considered. This protest
procedure constitutes the sole administrative remedy avtIIabIe to proposers. Protests must be received
within five days after issuance of the notice of i1tent to award the contract. All protests must be in writing,
signed by the protesting paty or an authorized Agent, and submitEd to the City of Ashland, Purchasing
Representative. The protest must state all facts and sguments on which the protesting party is basing the
protest. Only protests stipulating an issue of fact concerning a matter of bias, discrimination or confl'lCt of
interest, non-compliance with procedures desaibed in the procurement documents, or City of Ashland
policy shall be considered. Protests based on procedural matters will not be considered. The Department
Head will review the protest and submit a decision, in writing, to the protesting proposer
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ORS 279B.06O(2)(h) Contrac:tuItLT.... and CondItIons The proposer selected by the City of Ashland
will be fitxpected to enter into a written contract in the form attached to this RFP. The proposal should
indicate acceptance of the City of Ashland's contract provisions or suggest reasonable alternatives that do
, not substantially impair the City of Ashland's rights under the contract. The proposer may also propose
contractual terms and conditions that relate to subject matter reasonably identified in the request for
proposals. The City of Ashland reserves the right to negotiate the contractual terms and conditions
proposed as alternatives by the proposer. If inclusion of any of the City of Ashland's contract provisions will
resun in higher costs for the services, such costs must be specifically Identified In the proposal.
Unconditional refusal to accept the contract provisions proposed by the City of Ashland without offering
acceptable alternatives may resun in the disquafdication of the proposal.
IMurance CertIfIcat8s The Contractor will be required to maintain ALL required insurance requirements,
and provide current Certificates of Insurance, including the City of Ashland as the additional insured, to the
City prior to any lapse of insurance coverage.
Additional Terms.
The City of Ashland reserves the right to wave inegularities or deflciencies in a proposal if the City of
Ashland detennines that waver is in the best interests of the City of Ashland.
The City of Ashland may request supplemental written information from a proposer conceming the
proposer's ability to perform the services. If a proposer fails to provide supplemental information within the
time stated in the request, the City of Ashland may refuse to consider the proposal.
The City of Ashland may request an interview with any proposer. If a proposal is unclear, or appears
inadequate, the proposer may be given an opportunity in the interview to explain how the proposal
complies with the RFP.
The City of Ashland reserves the right to make such investigation it deems appropriate to .detennine
whether a proposer is qu~ to provide the services. If a proposer fails to cooperate with an investigation,
or if a proposer provides false, misleading or incomplete infonnation, the City of Ashland may refuse to
consider the proposer's proposal.
In cases of doubt or differences of opinion concerning the interpretation of this RFP, the City of Ashland
reserves the exdusive right to determine the intent, purpose and meaning of any provision in this RFP.
RFP - Cable 1V Services, 7/3112006, Page 9 of 16
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. The City of AshIa1d is seeki1g a qualified individual, Un, or company to lease the City of Ashland, Cable
TV Headend and associated equipment to provide Cable TV services within the City of Ashland utilizing
450 MHz WAN bandwidth provided by and through the Ashland Fiber Network's HFC network.
The successful proposer wil be expected to operate a fuR service cable TV enterprise under their own
business name, including but not Imiled to: l1UIlage, operate, and mainbin the Headend operations, obtain
programming contracts and provide relevant CATV services to the community of AshIa1d, have a retail
storefront presence in AshIa1d, provide rrionthIy billing n collection services for active individual
subscribers, take orders to connect new CATV customers, coordinate instalations with the appropriate City
of Ashland staff, handle customer disconnects and coordinate pllysical disconnects with City of Ashland
staff, perfonn service and trouble calls, both during n after business hours as deemed necessary,
market and advertise services, submit monthly subscriber reports n payments to the individual cable TV
networks, file government reports, and other daily tasks and responsibirlties associated with operating an
independent cable TV business.
. The successful proposer will be responsible for aU facilities from the street curb to the interior-oktructure
as the technical path n means to provide cable TV services. This..1 include curb to consumer wiring,
splitters, filters, and discretionary consumer devices such as converters and PVR's.
Ashland Aber Network will retain ownership and maintenance of its HFC network. The successful
proposer will be required to coordinate customer ilstaIations a1d service calls as needed with Ashland
Fiber Network a1d Will be required tb mainbin the signal integrity of Ashland Fiber Network's network and
meet ingress and signal to noise specifications to Ashland Fiber Network standards.
Although the cable TV channel Uneup n programming contracts are the sole responsibility of the
successful proposer, the City of'AshIand strongly recommends that the following channels that are of
strong interest to AshIa1d subscribers be c.anied: Local Medford DMA broadcast TV stations, all available
RVTV channels, ESD (Jackson Long Distance Education), FSTV, LIME, and WISDOM..
The Director of Information Technology,.or his or her designee, wil provide set-up and staff assisted
training to the successful proposer and their designated staff for the initlal30 days of the contract. After the
initlal30 day set up period, the City d Ashland will be required to charge for ~ and technical
support services being requested by the successful proposer.
The successful proposer will be required to negotiate and enter into a contract with the City of Ashland.
Under the resulting contract. the contractor shall not assign or subcontract contractor's rights or obligations
without prior written consent of the City of Ashland. .
Persons responding to this RFP mUst have the following minimum experience n qualifications:
· Two (2) years experience managing a successful multi-tasking fuD service customer service based
operation
· An established retail storefront presence located within the City of Ashland gr a strong
commibnent, definitive plan of action and a specific tirneline to actively establish a storefront
presence.
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RFP - Cable TV Services, 7/3112006, Page 10 of 16
· Demonstrate a thorough understanding of the Cable TV industry
· Render all services In accordance with FCC rules and regulations
· Establish a storefront presence within the City of AShland
· Maintain a consistent and well trained courteous staff
· Ensure a qualified employee, with excelent cuskHner services skills is present and available at the
retail office during consistent and regular busitess hours of 8am-5pm Monday through Friday to
assist customers with service caDs and to schedule new connections and coordinate new
installations with the Director of Information Technology, or his or her designee
· Operate full service, quality cable TV services
· Offer competitive pricing
· Provide billing services for the collection of cable TV subscription fees
· PrompUy submit fees and/or payments to the City of Ashland in accorda1C8 with the contracted fee
arrangement and/or payment schedule
· Market and advertise CATV services.
· Promptly obtain programming contracts to offer adiversechannelline-up representing the viewing
interest of Ashland and a willingness to meet special needs
· If so desired, sell TV advertising and perform neatSs.-y production and encoding support work
· Ensure that an appropriaIe number of weII-tnined, courteous and competent personnel are on duty
to serve the publ'lC, promote goodwill and provide -excellenr customer service. A monthly stafting
schedule will be submitted to the Director of Information Technology, or his or her designee.
· .To operate, maintain, repair, and upgrade Headend equipment to include satellite dishes and other
. CATV equipment
· Work with the Director of Information Technology, or his or ~ designee, in coordinating and
sCheduling Ashland Fiber Network truck rolls for new CATV connections and service calls.
· Maintain open communications with City of Ashland staff
.. Comply with all pertinent laws, regulations and procedures as an employer.
· Obtain and maintain aI required licenses and insurance policies
· Ensure payment of all requied taxes and charges incurred in connection with use and occupancy
of the premises
· Follow the accounting and auditing procedures established by the Director of Information
Technology, or his or her designee, and ensure the accuracy oftheftnancial.data and record
keeping.
· Represent the City of Ashland in a manner that is positive and professional at all times.
· Provide professional services In a manner that is consistent with the interests of City of Ashland.
The Inventory of Headend Equipment is attached as EXHIBIT -A-.
The actual inventory of equipment will be verified by the Director of Information Technology, or his or her
designee, and the successful proposer prior to the Contract being signed.
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The current Channel Uneup is attached as EXHIBIT -B-.
The channel lineup includes the channel names, channel assignment numbers, number of channels per
tier, and the City of Ashland's retail cost per tier. The channels that must be carried are highlighted in
YELLOW, and the channels that are strongly recommended are highlighted in PINK
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RFP - Cable TV Services, 7/3112006, Page 11 of 16
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IN
Upon request. the City of Ashland win provide the following services.
DESCRIPTION OF SERVICE
Basic New Installation
Service Truck Roll
DIsconnect Truck Roll
Add Standard Additional Outlet
Field Technician - Hourty Rate
Non-standard work such as advanced boubleshooti
AddIRemove T
Consulti and Technical Su
CURRENT
RATE
$39.95
$21.00
$21.00
$23.00
$29.95
$10.00
$75.00
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The successful proposer will be required to obtain a1d maintain a cunent City of Ashland business license.
The Director of Information Technology. or his or her designee. wiD conduct quarterly contract performance
reviews.
'A'
RFP - Cable TV Services, 7/3112006, Page 12 of 16
~, QffftOPOSAL
All proposals shall be typed and submitted on 8 %- x 11- sheets of paper, including a table of contents in'
accordance with the key sections outlined below.
Proposals submitted by persons who respond to this RFP shall include - at a minimum - the following
infonnation - in the following order - for ease of review and evaluation. Proposals shall be submitted as
concise as possible.
Cover Letter:
· Include a letter of introduction. Elaborate on your convnitment to give this project high priority. And,
any other ir1formation deemed relevant for a letter of introduction.
· Proposer's name, address, telephone number
· Experience and number of yen operating a multi-tasking ful service customer service based
type of business
· Describe in detail your qualifications and experience with the management and operation of a
cable TV service or subscription based service, including the subscription size and type of service
you manage now or have managed in the past. Include any professional certification, experience
with marketing, sales and scheduling of connections and service calls.
· The name(s) and qualifications of the principals and/or key employees who win be fulfilHng the
qualification requirements and duties of the person(s) managing the Headend operations and
equipment, and Cable TV enterprise.
· Describe in detail your management philosophy for a ful service customer service based
operation.
· Describe constraints that could affect your ability to perform services prompUy and efficiently.
· Indude any information indicating whether any surety or bonding company has ever been required
to perform upon your default or upon any person associated with your submittal. Attach a
statement naming the surety or bonding company, date, amount of bond and the circumstances
sunounding the default.
· Include any information regarding whether you have ever declared bankruptcy or been adjudicated
a bankrupt State the date, court jurisdiction, amount of Uabilities and amount of assets.
· Indude any information regarding pending utigation, reens or daims against you or any other person
associated with your submittal. The successful proposer, as well as their designated staff, will be
required to pass a background check performed by the Ashland Police Deparbnent, as weD as, any
other law enforcement entities the Ashland Police Deparbnent deems necessary.
· This Request for Proposal specifies the minimum requirements. You are encouraged to identify
potential problems, recommend solutions, and provide any additional information that would be
beneficial and aid the Evaluation Committee in evaluating your proposal.
,.,
RFP - cable TV Services, 7/3112006, Page 13 of 16
. .
IYIJDIII.fIID&
· Include a proposed Bust.... Plan for the proposed operations, including but not limited to the
following:
. Estimated start up costs
. Cash flow chart
· Rnancial information related to your ability to finance tIwtA ~
· Describe your cunent sIDrefrontoperation within the City of Ashland and/or your definitive
plan, cornmitment and tirneh to establish a storefront presence within the City of Ashland
· Employee wages, taking inm consideration the Ashland Uving Wage Ordi1ance 3.12
.. Philosophy on customer service
.. How the customer service operations will be lNIlaged on a daily basis
. Hours of operation and stafflng levels
· Describe the number and schedule Of the customer service staff members you detel1l'!ine
to be necessary to service the customer base.
. How the Headend will be managed
· Estimate the number of hours per month it will be necessary for your technical staff to be
present at the Headend
. Number of cable TV tiers
. Channel listings per tier .
· Proposed methodology for obtaining community input on programming decisions
. Proposed retail pricing
~
.. Include a proposed IIIrMIIDI.flIn for the cable TV services baSed upon the requirements of this
RFP. How will you advertise and promote business?
Fee Arranaement:
· Include the "'1rI'IIpIMIIt. revenue ......,na. andIor DIVIIIIRt ICI.JJdIdI being proposed. The
actual compensation anIIor revenue to be paid will be negotiated between the CIty of Ashland and
the successful proposer.
· The proposal should indicate accepfa1ce of the City of Ashland's cordract provisions or suggest
reasonable aItematives that do not substantially impair the City of Ashland's rights under the
contract.
· The proposer may also propose contractual terms and conditions that relate to the subject matter
reasonably ~ in the Request for Proposal.
Btfnncea:
· Provide a minimum of three (3) references - contact nerne, company name, location, telephone
number - that can provide knowledge of your abIty to manage and operate a fun service customer
service and/or a subscription based type of business.
· Provide a minimum of 1hree (3) references - contact ncrne, compa1y name, location, telephone
number - that can provide knowledge of your marketing experience.
· References will be contacted by telephone.
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RFP - Cable TV Services, 713112006, Page 14 of 16
: .
. .
~
A City of Ashlnl ofIicial or an evaluation committee appointed by the City of Ashlnl will evaluate the
proposals based on the evaluation criteria established In the Request for Proposal. Each category will be
scored with a number of points, up to the maximum number of points assigned to each category. The
greater the number of points assigned to a category, the greater the category's level of importance. Each
proposal will be evaluated, scored nI then ranked according to the evaluation criteria.
~
After the initial evaluation of the proposals has been cornpIeted, the Evaluation Committee will conduct the
Interview Process. Interviews win be granted to the proposers who have submitted the top IIDI highest
ranked proposals. Each of the proposers will be given the opportunity, during their Interview process, to
present their Business Pla'l and Marketing Plan to the Evaluation Committee.
~
The proposals will be evaluated according to the following criteria.
Quallllcatlona and Expertence
The abIIly to perform the services .18IIecIBd by generallIld
specific experience of the idvIduaI or compII'IJ IIld the quaIIficaIians
and abIties of personnel proposed to be assigned to perform the
services.
30 PoInts
AbIlity to provide the ServIceI. specified
The business pBI, naketing pBI, esIlMshed sb'efront pI8S8nC8
and/or the abIly to esIabIIsh a sbefrort presence, n methodology
to soIcit cornnuiy i1put.
Fee Arrangement
The fee amllg8II'I8I1t, revenue sha'iIg, anIIor payment schedule
being proposed. .
Contractual Terms and Conditions
AccepbIa or suggested COIdract tBnns and conditions.
... Points
20 Points
15 Points
Refer8ncea
References will be contacI8d by telephone.
Total
15 Points
120 PoIrdI
30 PoInts
111 Points
Subtotal
Interview Procesa
The total points awarded to each proposal wil be tabulated and the proposers shall be ranked accordingly.
Written recommendations will be forwarded to the CIty Administrator for preBmlnary approval. A contract
with the proposer deemed to be most qual"lfied would then be negotiated. If negotiations with the proposer
who is ranked highest are unsuccessful, the City of Ashland may proceed to the next most qualified, and so
on until a contract is successfully negotiated. The final negotiated contract wiD then be presented to the City
Administrator and/or the local Contract Review Board for final approval prior to execution.
r&,
RFP - Cable 'IV Services, 7/31/2006, Page IS of 16
ImU2) comDlete coal" of the proposal, including one (1) complete set of RFP documents released by
the City of Ashland, shall be mailed or hanckIeIivered In a single 8I1velQla addressed as follows:
Karl Olson
Purchasing Repreeentatlve
City of Ashland
90 N. Mountain Ave.
Ashland, OR 97520
Contents: PropoeaI for Cable TV Services
Due by 2:00pm, Thursday, August 24, 2008
QUE QATE AND TlIE
The proposals must be received at the designated add..... lilted above prior to:
2:00pm, Thursday, August 24, 2006
Late proposals wllllIn be considered.
The City of Ashland may reject any proposal not in compliance with all prescribed solicitation procedures
and requirements and other applicable laws, and the City may reject for good cause any or all proposals
upon the Clty's findings that It Is In the best intereSt of the City of Ashlald.
RFP - Cable TV Services, 7/3112006, Page 16 of16
r.,
City of Ashland
Request for Proposal
Cable TV Services
July 31, 2008
CONTRACT
Contract for cable television services made on the day of . 2006,
between the City of Ashland, Oregon, acting by and through Its Ashland Fiber Network DivIsion
(AFN) and (Contractor).
RecItals:
A. On AFN Issued a Request for Proposal (RFP) for cable television
services.
B. Contractor submitted a proposal In response to the RFP on
c. After reviewing Contractor's proposal and proposals submitted by other offerors, AFN
seIectecI Contractor to provide the services covered by the RFP.
AFN and Contractor agree as follows:
1. RelatlonshlD of Contract Documents: In response to the RFP, Contractor submitted a
proposal which included a Business Plan and a Marketing Plan. Except as provided in
paragraph 1.1, In the event of any Inconsistencies In the terms of this contract, the RFP or the
Contractor's proposal, this contract shall take precedence over the RFP which shall take
precedence.over the proposal.
1.1. Exceptions:
. .
2. RelatlonshlD between AFN and Contractor: Contractor accepts the relationship of trust and
confidence established between Contractor and AFN by this contract. Contractor covenants with
the AFN to perfonn services and dutIeS In conformance to and consistent with the standards
generally recognized as being employed by professionals of Contractor's caliber In the locality
of the project. Contractor further covenants to cooperate with AFN, AFN's representatives~
contractors, and other Interested parUes In furthering the Interests of AFN with respect to the
project.
3. DefInitions: Generally words, terms and phrases used In this contract shall have the meaning
ascribed to them in the construction industry, unless the context clearly indicates otherwise. As
used in this contract:
3.1. -AFN- means the City of Ashland, Oregon, operating by and through its Ashland Fiber
Network Division.
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PAGE l-CONTRACT
enyo.
ASHLAND
3.2. -Contracting Office,.. means the CIty of Ashland Director of Infonnation Technology or that
person's designee.
3.3. -Project" means cable television services as desaibed in the RFP.
3.4. "Wort- or -Services- shall mean all labor, materials, plans, specifications, opinions, reports,
and other services and products which Contractor Is required to provide under this contract.
4. IIIID.: The term of this contract shall commence on the date this Contract has been fully
executed by every party two years after such date. If It Is In the AFN's best Interest, the contract
may be extended for one additional year for a maximum period of three years.
5. Authoritv of Contractina anic:fr: The Contracting OffIcer shall have the authority to act on
behalf of AFN In the administration and Interpretation of this contract. The Contracting OffIcer
shall have complete authority to authorize services, transmit Instructions, receive InfOrmation,
Interpret and define AFN's policies and make other decisions with respect to Contractor's
services.
8. S$rvices: Contractor shall provide services to AFN that are desa1bed In the RFP and the
proposal.
8.1. In connection with the services desaibed In the RFP, Contractor shall:
8.1.1. Consult appropriate representatives of AFN to clarify and define AFN's
requirements relative to the services.
8.1.2. Review available data relative to the services.
8.1.3. Identify data which Is not available and Is needed to fulfill the services, and
act as AFN's representative in obtaining such data.
8.1.4. Prepare monthly progress reports to the Contracting Officer on the status
\ of services.
8.2. Contractor shall commence performance of services within five days after receiving written
authorization from the Contracting OffIcer for work desaibed In the RFP. Contractor shall
perform the services as expeditiously as Is consistent with professional skill and care and the
orderty progress of the project. Upon request of AFN, Contractor shall submit for AFN's
approval, a schedule for the performance of work elements desaibed in the RFP. Each
schedule shall include allowance for periods of time required for AFN's review and approval of
Contractor's services. Each schedule, approved by AFN, shall become a part of this contract.
8.3. Contractor shall perfonn the services as an independent contractor in accordance with
generally accepted standards In Contractor's profession. Contractor shall be responsible for the
professional quality, tt;achnlcal accuracy and the coordination of all services perfonned by
Contractor. Contractor shall, without additional compensation, correct or revise any error or
deficiencies In the services that are caused by Contractor's negligence. AFN's review, approval,
acceptance of, or payment for, any of the services shall not be construed to waive any of AFN's
rights under this contract or of any cause of action arising out of Cootractot's services. In the
event of any breach.of this contract by.Contractor or negligent performance of any of the
services, AF",'s cause of action against Contractor shan not be deemed to acaue until AFN
discovers such breach or.negllgence, or should have, with reasonable diligence, discovered
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PAGE 2-CONTRACT
en.o,
ASHLAND
7. Assianment of Contractor's Personnel:
7.1. The services covered by this contract shall be rendered by, or under the supervision of the
Contractor's Representative, who shall be Identified by Contractor and acknowledged by AFN,
to act as Contractor's representative In all communications and transactions with AFN.
7.2. Contractor will endeavor to honor reasonable specific requests of AFN with regard to
assignment of Contractor's employees to perform services If the requests are consistent with
sound business and professional practices.
8. Resoonslbllltles of AFN:
8.1. AFN will cooperate fully with Contractor to achieve the objectives of this contract.
8.2. AFN will provide Information, documents, materials and services that are within the
possession or control of AFN and are required by Contractor for performance of the services.
8.3. AFN will arrange for access to, and make all provisions for Contractor to enter upon, public
and private property as required for Contractor to perform the services.
8.4. AFN will provide all permits necessary for completion of the project.
8.5. The Contracting OffIcer will act as liaison between AFN, Contractor, public agencies, and
others Involved In the project.
9. Pavmenl AFN shall pay Contractor for services and reimburse Contractor for expenses
Incurred by Contractor In performance of services In accordance with the Fee Schedule
submitted by the Contractor In the RFP and accepted by AFN or such other schedule negotiated
and approved by AFN after submission of the RFP. No reimbursement will be made for
expenses that are not specifically itemized In this payment schedule without prior approval by
the Contracting OffIcer.
10. ComDllance with Law:
10.1. This contract will be governed by and cotistrued In accordance with laws of the State of
Oregon. Contractor shall promptly observe and comply with all present and future laws, orders,
regulations, rules and ordinances of federal, state, City.and city governments with respect to the
services Including, but not limited to, provisions of ORS 279.312,279.314,279.316 and
279.320.
10.2. Contractor Is a .subject employer" as defined In ORS 656.005 and shall comply with ORS
656.017. Prior to commencing any work, Contractor shall certify to AFN that Contractor has
workers' compensation coverage required by ORS Chapter 656. If Contractor Is a carrier
Insured employer, Contractor shall provide AFN with a oertIftcate of Insurance. If Contractor Is a
self-insured employer, Contractor shall provide AFN with a certiftcatIon from the Oregon
Department of Insurance and Rnance as evidence of Contractor's status.
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PAGE3-CONTRACT
CIT. o.
ASHLAND
self-insured employer, Contractor shall provide AFN with a certification from the Oregon
Department of Insurance and Finance as evidence of Contractor's status.
11. OwnershiDof DoaJrnents: All documents prepared by Contractor pursuant to this contract
shall be the property of AFN. To the extent permitted by law, AFNshall, within the limits of the
Oregon Tort Claims Act, defend,lndemnlfy and hold harmless Contractor, Its Contractors,
agents and employees against all damages, claims, expenses and losses arising out of any
reuse of plans, specifications and other documents prepared by Contractor without prior written
authorization of Contractor.
12. Records:
12.1. Contractor shall develop and maintain complete books of account and other records on
the services which are adequate for evaluating Contractor's performance. Contractor shall
maintain records in such a manner as to provide a clear dlstlncUon between the expenditures
and revenues related to the project and the expenditures and revenues related to Contractor's
other business.
12.2. Contractor's books and records shall be made available for Inspection by AFN at
reasonable times, to verify Contractor's compliance with this contract. AFN shall have the right
to request an audit of Contractor's books and records by a certified public accountant retained
by AFN.
13. Indemnification: Contractor shall defend, Indemnify and save City, Its officers, agents, and
employees harmless from any and aU claims. actions, costs, judgments. damages or other
expenses resulting from Injury to any person (Including Injury resulting In death,) or damage to
property (Including loss or destruction), of whatsoever nature arising out of or Incident to. the
negligent performance of this contract by Contractor (Including but not limited to, the negligent
acts or omissions of 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 claims, actions, Cos1s, judgments, damages or other expenses. directly and proximately
caused by the negligence of City.
14. Insurance:
14.1. Contractor shall, at Its own expense, at all times during the term of this contract, maintain'
in force:
14.1.1. A comprehensive general liability policy including coverage for
contractual liability for obligations assumed under this contract, blanket
contractual liability, products and completed operations and owner's and
contractor's protectIYe Insurance;
14.1.2. A comprehensive automobile liability policy Including owned and non-
owned automobiles.
14.2. The coverage under each liability Insurance Policy shall be equal to or greater than the
limits for claims made under the Oregon Tort Claims Act with minimum coverage of $500,000
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PAGE 4-CONTRACT
en., 0'
ASHLAND
14.4. Certificates of Insurance acceptable to the AFN shall be filed with AFN prior to the
commencement of any work by Contractor. Each cerUfIcate shall state that coverage afforded
under the policy cannot be cancelled or reduced In coverage cannot be made until at least 30
days prior ~n notice has been given to AFN. A oerUfIcate which states merely that the {\
issuing company '"will endeavor to malr written notice Is unacceptable.
15. Default:
15.1. There shall be a default under this contract If either party falls to perform any act or
obligation required by this contract within ten days after the other party gives written notice
SPeCIfying the nature of the breach with reasonable particularity. If the breach specified In the
notice Is of such a nature that It cannot be completely cured within the ten day period. no default
shall occur If the party receiving the _ notice begins performance of the act or obligation within the
ten day period and thereafter proceeds with reasonable diligence and In good faith to effect the
remedy as soon as practicable.
15.2. Notwithstanding subsection 15.1. either party may declare a default by written notice to
the other party. without allowing an opPOrtunity to cure. If the other party repeatedly breaches
the terms of this contract.
15.3. If a default occurs. the party Injured by the default may elect to terminate this contract and
pursue any equitable or legal rights and remedies available under Oregon law. All remedies
shall be cumulative.
15.4. Any litigation arising out of this. contract shall be conducted in Circuit Court of the State of
Oregon for-Jackson County.
16. Termination without Cause:
16.1. In addition to the right to terminate this contract under subsection 15.3. AFN may
terminate by giving Contractor written notice thirty (30) days prior to the termination date.
16.2. In addition to the right to terminate this contract under subsection 15.3. Contractor may
complete such analyses and records as may be necessary to place its files in order and. where
considered necessary to protect its professional reputation. to complete a report on the services
performed to date of termination.
16.3. If AFN terminates the contract under subsection 16.2. Contractor shall be paid for all fees
earned and costs incurred prior to the termination date. Contractor shan not be entitled to be
compensated for lost profits.
17. Notices: Any notice required to be given under this contract or any notice required to be
given by law shall be in writing and may be given by personal delivery or by registered or
certified mail. or by any other manner presalbed by law.
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PAGE 5-CONTRACT
en\' o.
ASHLAND
17. Notices: Any notice required to be given under this contract or any notice required to be
given by law shall be in writing and may be given by personal delivery or by registered or
certified mail. or by any other manner prescribed by law.
17.1. Notices to AFN shall be addressed to the Contracting Officer at the following address:
Director of Information Technology
City of Ashland
90 N. Mountain Ave.
Ashland. OR 97520
Notice shall also be Sent to:
City Administrator
City of Ashland
20 East Main Street
Ashland. OR 97520
17.2. Notices to Contractor shall be addressed to the Contractor's Representative at the
following address:
18. Assianment AFN and Contractor and the respective successors. administrators. assigns
and legal representatives of each are bound by this contract to the other party and to the
partners. successors. administrators. assigns and legal representatives of the other party.
Contractor shall not assign or subcontract Contractor's rights or obligations under this contract
without prior written consent of AFN. Except as stated In this section. nothing In this contraddshall be construed. to give any rights or benefits to anyone other than AFN. and Contractor.
19. Modiflcatiqrl: No modification of this contract shall be valid unless in writing and signed by
the parties.
Contractor
City
BY
Fed. 10 #
BY
REVIEWED AS TO CONTENT
BY
City Oeparbnent Head
Date:
REVIEWED AS TO FORM
By'
City Legal Counsel Date:
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PAGE 6-CONTRACT
Cltyo.
ASHLAND
CITY OF
ASHLAND
r.l'
EXHIBIT "A"
INVENTORY OF HEADEND EQUIPMENT
Number of pages:. 4
RFP Cable TV Services EXHIBITS
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CITY OF
ASHLAND
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EXHIBIT "B"
CHANNEL LINEUP
Number of pages: 1
RFP Cable TV Services EXHIBITS
. "'I'
C.....e. Une.
laIy 1006
ASHLAND FBER NE1WORK
ASHLAND. OREGON
CH NETWORK CH NETWORK CH NETWORK
TIER I 14 char.18Is TER. 71 + 46 Music c:hs. TIER IV 101 V + 46 MusIc c:hs.
-COMMUNITY" -expANDED BASIC"' -oIGITAL PLUS"
-=- . $8.95 $41.95 $51.95
1:J~OBI(N3C5) 21 ESPN 200 Outdoor LIfe.Network
7 TV GuIde ctwv1eI 22 ESPN2 201 Sc:Ience
..!..- ~"(~,8) 40 TNT 202 NaIIoII8I
9 RVTV,,, Local Access 41 Ccut TV 210 KIds
1tISl\1PJ~1Q) 42 220 VH 1 ClassIc
J..LKJJ.f!I,~~TV) 43 USA Network 221 BET on Jazz
~Kq6'H~;12) 44 Amertca1 MovIe a_a 230 Women', EntertaInment
13 Kf.M.J'(FOX28) . 46 Fox "'--0- North:.- 231 Ufellme MovIe Network
OOi~~ ,..x.- 233 Sundance
Ii'S. 47 234 Home & L.eIan
48 ArIa & ElIterIaIMI8I'It 235 IStvIe
49 Cartoon Network 240 CtB1neI
I 99 RWV'AOOees -EducaIIonaI 50 TV Land 241 CtB1neIlntemaIIonaI
108 KSYS PBS HD 51 EI EI dertai.ment 242 Dlscaverv TImes
52 DlsnsvCtB1nel 250 life
53 EWTN 280 ESPN ClassIc
54 The Golf CtB1neI 281 Fox Soccer Channel
56 Sc:I-ft Channel 282 Soeed Channel
58 Twner ClassIc MovIes 283
57 The HIstorv CtameI 270 BBC America
58 fX 271
TIER I 31 dwvleIs 59 Food Network 272 AZN TV
~ 60 BET
$17.18 81 Home & Garden TV
8 QVC 82 MSNBC PREMIUM
14 INoI1hwest Cable News 83 Fox News Channel
15 The Weather CtB1neI 84 CN3C $14.53
18 TlC 85 SoIke TV 400 HBO
17 CNN en 88 M2 401 HBO Plus
18 Dlscaverv Health 87 we 402 HBO
19 NckeIodeon 88 CenIraI 403 HBO FamIIv
20 AFN Info I BIazer8 89 NaIIonaI
23 CNN Heedllne News 70 Bravo $14.53
24 CNN 71 G4 500 ShowIIme
25 House c:I Reps) 72 VH 1 ClassIc 501 ShowIIme Exlrwne
28 Senate) 73 IStvIe 510 The MovIe CtB1neI
27 TBS 74 CUT
28 DIscoverv n~ $10.54
29 Hallmark Channel 600 Starz
30 ABC FamilY 601 Starz2
31 Ufellme EESPN~ 810 Encore
32 AnImal Planet
33 The Travel Channel 60 WorsNo TV ~ $13.13
34 ~1 899
:: ~MTV ~goo. MusIc ChoIce '46 c:hsl
~ 600 PPV PrevIew
601+ IN DEMAND 10 PPVChs.
Mc:haeI Ainsworth
7/3112008
CIwIneI Uneup
SUbject to ChMge
INTERNET
ISP's 'Internet Service Providers'
We've designed AFN Internet to provide you with choice - not limit
you. That's why AFN Is an Open Access Network, allowing you to
choose the Intemet Service Provider (ISP) that fits your needs.
AFN Certified ISP's Indude:
ODen Door
Networks
-
/:,/ \
)EFfNEl
c..
......... ......
Ashland Home Net
123 N.Rm St. SUite 1
Ashland, OR 97520
Phone: ......207
Fax: 488-1128
infotmashlandhome.net
.
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Open Door Networks
Mac Only
110 South Laurel Street
Ashland, OR 97520
Phone: 418-4127
Fax: 488-1708
info@QPCIldoor.com.
eee
eee
eee
I'rwJect A
JEFFNET
1250 Siskiyou Blvd
Ashland, OR 97520
Phone: Toll Free 1......133-__
Fax: 552-8565
accountstmieffnet.ora
-',..,',.
. ,.. : ~
.. 't 1.... .., I.., .
:' . i:~ !.... . '. ~. " .
Computer Country
.1930 Table Rock Road
Medford, OR 97501
Phone: 772-2170
Fax: 772-5926
SUDDOrt~ntrv.net
Infostructure
288 S. Pacific Hwy.
Talent, OR 97540
Phone: 488-1112
Fax: 488-7599
afntmmind.net
Project A
Business Modem Only
340 A Street
Ashland, OR 97520
Phone: 488-1702
Fax: 488-1851
www.bisD.net
Unlcom
820 Crater Lake Ave.
Medford, OR 97504
Phone: 776-1310
Fax: 776-5727
afn@uci.net
Please make your ISP selection prior to scheduling
your Internet Installation appOintment with AFN.
ashland fiber network
Cable TV and HIgh Speed Internet Services
552-2222
.
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.
CITY OF
ASHLAND
~A'
EXHIBIT "C"
City of Ashland
Living Wage
Reference Sheet
Number of pages: 1
RFP Cable TV Services EXHIBITS
.
\,
. CITY OF ASHLAND. OREGON
City of Ashland
. LIVING
ALL employers described
bel 0 \' / !l'lI S t COlli P i Y \' j I the it Y
of As!ll,lI~ci IJ"'/s rcgul2ti!lg
paymont of a livillCl v/Jqe.
.......hour.~Iy. ~un. 30,.2008
rA'
(In.......nnually every .lune 30 by the
. Cctn.......Prlce Index)
Employees must be p~id a
living wage:
of business of their employer, cafeteria plans (Including
If the employer has ten or chlldcare) benefits to the
men employees, and has amount of wages received by
received flnanciaI assistance the employee.
> For al hours worked under a for the project or business
from the City of Ashland In > Note: "Employee" does not
service contract between their excess of $16,938. include temporary or part-time
employer and the CIty of employees hired for less than
Ashland If the contract > If their employer Is the CIty of 1040 hours in any twelve-
exceeds $16,936 or more. Ashland including the Parks month period. For more
> For all hours worked In a and Recr8atIon Deparbnent. details on applicability of this
policy, please see Ashland
month If the employee spends > In calculating the living wage, Municipal Code Section
50% or more of the employers may add the value 3.12.020.
employee's time In that month ofheallh en, retirement,
working on a project or portion 401 K and IRS elglbIe
For additional information:
Call the Ashland City Administrator's office at 541-488-6002 or write to the City Administrator,
City Hall, 20 East MaIn Street, Ashland, OR 97520 or ~it the city's website at www.ashland.or.us.
Notice to Employers: This notice must be posted predominantly in areas where it can be seen by all
employees.
CITY OF
ASHLAND
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..
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CITY OF
ASHLAND
~~,
EXHIBIT "0"
Ashland Municipal Code
Title 3
Living Wage
Chapter 3.12
Number of pages: 4
RFP Cable TV Services EXHIBITS
. .
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..
CHAPTER 3.12
LIVING WAGE
SECTIONs:
3.12.010 Purpose.
3.12.020 DelinitiODS.
3.12.030 Payment of a Living Wage.
3.12.040 Enforcement.
3.12.050 Retanation and Diserimination Prohibited.
3.12.060 AppUcability of ProvisioDS.
3.12.070 Severability.
SECTION 3.12.010 Purpose.
The City awards contracts to private firms to provide services to the public and City government The
City also provides grants to not-for-profit organizations. Such public expenditures should be spent only
with deliberate purpose to promote the creation of jobs that allow citizens to support themselves and their
families with dignity. Jobs that pay below living wages do not serve the public purpose and place an
undue bmden on taxpayers and the community which IIlU$t fmther subsidize employers who pay
sub-poverty wages by providing their employees health care, h01JSing, nutrition, energy assistance, and
other government-provided services. The City bas a responsibility when spending public money to set a
community standard that promotes workers living above the poverty line. Therefore, contractors,
subcontractors or other recipients of City financial assistance should pay their employees nothing less
than a living wage as defined by this chapter.
(Ord 2875. Added, 09lO4l2O(1)
SECTION 3.12.020 DefinitiODS.
For the purpose of this ordinance the following definitions shall apply:
A. "Employee" means any person who is employed as an employee of a service contractor or a
recipient, or who is a recipient subcontractor or independent contractor of a service contractor, or
subcontractor on a service contract with the City, for all employment hours spent performing the
duties required pursuant to the service contract, or by a recipient or a subcontractor of a recipient
who spends 50% or more of the employee's compensated time in a month working on the project
or portion of business that received City financial assistance.
"Employee" does not include:
1. Employees outside the state of Oregon;
2. Employees who are hired as temporary or part-time employees and who are employed for a
total of less than 1040 hours in any twelve month period;
3. Enlployees participating in bona fide training programs such as welfare-to-work (state), work
study (educational institutions), certified apprentice programs or on-the-job training program
of no more that 18 months;
4. Volunteers and quasi-volunteers (who may receive a stipend);
5. Employees who are under 18 years of age, employed by a non-profit entity for after school or
summer employment or as a trainee for a period of not longer than 120 days;
6. Employees who are standing by or on-call according to the criteria established by the Fair
Labor Standards Act, 29, U.S.C. Section 201. This exemption shall only apply during the
time when the employee is actually standing by or on-call; or
7. An employee subject to a...bona fide collective bargaining agreement
" #
B. "Employer" means the City of Ashland including the Parks and Recreation Department and any
person who is a recipient, contractor, or subcontractor and who employs employees.
"Employer" does not include other governmental agencies or quasi- governmental agencies,
which have publicly elected boards or commissions.
C. "Person" means natural person, joint venture, joint stock company, partnership, association, club,
company, corporation, business, trust or organization.
D. "Recipient" means any person who receives financial assistance from the City, including direct
grants, loans, waiver of. city fees or other valuable consideration in an amount of more than
$15,000 in any twelve month period. This amount shall be adjusted annually, effective June 30, to
reflect increases during the preceding year (January through December) in the Consumer Price
Index - Urban Wage Earners, as published by the U.S. Department of Labor, Bureau of Labor
Statistics. Recipient does not include a private employer with less than ten employees who
receives a tax abatement or subsidy.
"Financial assistance" does not include:
1. The purchase of goods or other property;
2. The lease or rental of goods or other property;
3. Payment to provide services for the occasional meeting, reception, or similar function;
4. Payments under contracts subject to prevailing wage requirements in ORS 279.348 to
279.380; or
5. City staff. assistance, or an economic benefit as an incidental effect of city policies,
regulations or ordinances.
E. "Safety net services" include:
1. Temporary, emergency food and shelter;
2. Substance abuse education, prevention and treatment;
3. The preservation of dignity and equal access to justice;
4. Primary and preventive health care services; or
5. Critical supportive services for families, seniors and victims.
F. "Service contractor" means any person who enters into a service contract with the City. A
"service contract" means a contract to provide services for. the operation of the City or to maintain
City property.
A service contract does not mean:
1. The purchase of goods or other property;
2. The lease or rental of goods or other property;
3. Payment to provide services for the occasional meeting, reception, or similar function;
4. Those contracts subject to prevailing wage requirements in ORS 279.348 to 279.380; or
5. Contracts involving payment of less than $15,000. This amount shall be adjusted annually,
effective June 30, to reflect increases during the preceding year (January through December)
in the Consumer Price Index - Urban Wage Earners, as published by the U.S. Department of
Labor, Bureau of Labor Statistics. Amendments to such contracts that increase the contract
amount over $15,000 are also not included within the definition of a service contract unless
such amendments are used to circumvent living wage requirements.
G. "Subcontractor" means any person that enters into a service contract with:
'J.. ...
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1. A service contractor to assist the service contractor in performing 50% or more of the service
work on a project or portion that receives city funds;
2. A recipient to assist the recipient in performing 50% or more of the service work on a project
or portion that receives city funds.
(Ord 2875. Added, 0910412O(1)
SECl10N 3.12.030 Payment of a Uving Wage.
A. All employers covered under this chapter shall pay employees a "living wage" of wages and benefits
equal to $11.74 per hour (CPI 6130105). Benefits, which can be attributed to a living wage, are limited
to health care, retirement, 401k and IRS eligible cafeteria plans (including childcare).
B. Work presently being performed by City of Ashland employees may not be contracted out unless the
contractor pays employees performing that work a living 'wage or the current City wage, whichever is
higher.
C. The wage rate required in section A shall be adjusted annually, effective June 30, to reflect increases
during the preceding year (January through December) in the Consumer Price Index - Urban Wage
Earners, as published by the u.s. Department of Labor, Bureau of Labor Statistics.
D. Employers subject to this chapter shall post a notice, which notifies employees of their potential
rights under this chapter. Such notice shall be posted predominantly in areas where it will be seen by
all employees.
(Ord 2875. Added, 0910412O(1)
SECl10N 3.12.040 Enforcement.
A. Compliance with this chapter shall be required in all City contracts to which it applies. Such contracts
shall provide that upon a violation of any provision of this chapter the recipient, contractor or
subcontractor who is out of compliance shall have thirty days to come into compliance.
Such contracts shall further provide that after 30 days if the recipient, contractor or subcontractor
remains out of compliance, the City may terminate the contract and otherwise pursue legal remedies
that may be available including the repayment of, or payment for, all or part of the financial
assistance provided. H a recipient, contractor, or subcontractor violates the provisions of this chapter
twice, the City may terminate all contracts already in force and that recipient, contractor, or
subcontractor shall be prohibited from receiving City financial assistance or contracting with the City
for a period of two years.
B. An employee claiming violation of this chapter may report such action to the city. The city
administrator may establish a procedure for receiving and investigating such complaints and take
appropriate enforcement action. .
An employee claiming violation of this chapter may choose to bring an action in the Circuit Court of
Oregon against an employer and may be awarded back pay for each day during which the employer
failed to pay the employee the required living wage. As additional damages the employee shall be
awarded an amount equal to an hour's pay for each hour the employee was not paid the amount
required in section 3.12.030 and any additional injunctive relief necessary. and appropriate under the
circumstances. The court shall award reasonable attorney's fees and costs to an employee who
prevails in any such enforcement action.
., ~
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The damage provision of this section sball not apply if such violation was deemed to be unintentional
on the part of the employer and the employer paid the required back pay for each day the violation of
this chapter occurred.
C. The statute of limitations for this chapter sball be two years from the time of the alleged violation of
this chapter.
(Ord 2875, Added, 09lO4l2O(1)
SECflON 3.12.050 RetaHatioD and DiscriminatiOD Prohibited.
A. No employer sball retaliate or discriminate against an employee in his or her terms and conditions of
employment by reason of the person's status as an employee protected by the requirements of this
chapter.
B. No employer sball retaliate or discriminatp. against a person in his or her terms and conditions of
employment by ~on of the person reporting a violation of this chapter or for prosecuting an action
for enforcement of this chapter.
(Ord 2875, Added, 09lO4l2O(1)
SECflON 3.12.060 AppHeability of Provisions.
The provisions of this chapter sball apply to:
A. A contract executed and financial assistance provided after the effective date of this ordinance;
to-
B. A contract amendment executed after the effective date of this ordinance which itself meets the
requirements of this chapter or extends a contract that meets the requirements of this chapter; and
C. Supplemental financial assistance provided after the effective date of this ordinance which itself
meets the requirements of this chapter.
D. The Council may waive the requirements of this chapter for a recipient or service contractor upon
a finding and determination that such a waiver is in the best interest of the City. The Council may
waive the requirements of this chapter fOr a recipient or service contractor who provides safety
net services, upon Council acceptance of a three-year plan for achieving the requirements of this
chapter.
(Ord 2875, Added, 09lO4l2O(1)
SECflON 3.12.070 Severability.
H any court of competent jurisdiction declares any provision of this chapter legally invalid, the remaining
provisions shall remain in full force and effect.
(Ord 2875, Added, 09lO4l2O(1)