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HomeMy WebLinkAbout1999-01-25 99-64 ORDERCOUNCIL ACTION Item No. 99-66 Date January 25, 1999 Item/Subject: Authorizing Execution of Professional Services Agreement for Cable Public Access Production Facilities Responsible Department: Legal This Order would approve a professional services agreement With James W. McLeod, d/b/a J -MAC Video, for cabletelevision public access production facilities and services. Department Head Manager's Comments: �I �_ p e .. g Associated Information: Order, Agreement Finance Director Passage First Reading Referral Page of Asttyu to Counao Tyler Tannery 25, 1999 CITY OF BANGOR Authorizing Execution of Professional Services (TITLE J Mrber,....... ....... .... Agreement for Cable Public Access Production Facilities By Lha City CoeuJ of the City ofBapor. THAT the City Manager is hereby authorized, an behalf of the City of Hanger, to execute a Professional Services Agreement with James W. McLeod, d/b/a J -MAC Video, for provision of cable television public access production facilities. A copy of the proposed agreement is attached to this Order and is incorporated by reference. IN CITY COUNCIL January 25, 1999 Motion for Passage Made and Seconded 99-64 O R OIR Title,"tborising asecutim of Mrofes- simal Services Agremeut for Cable Public Access Ptodoctim Facilities . ................................. .... Assigned to ........ ......l.n ........... ounciLmn 99-64 JOHNM. HILEMAN MI Obb effort, Suite 6 Bangor, ME O4A01 (209)8 74M pyrne agatnuet OBJECTIVE Seckmgfire lance woh or Mi time Position no 3-D Animation and gothic dceigu ACCOMPLISHMENTS • Organizet and ren own fusions 1993-99 MMkred LigMwav< Worked with caved high prof le clients Made vark related deedlircs on time viten budget • Experiencel in oll faces of computer animation and game graphic design • Exceptional Mistic ability • powerful leadership skills while on arch day in that Army RELEVANT EXPERIENCE SOFFWARE LIGHTWAVE, VERTISKETCM P:vMshm:, Fatal Drib Pima, Alpro, EXPERIENCE P:s{nmr,WiemagexDleint Core] Drsn' 3,Won 'to Gw9uction Set, Impa o, particle storm„ Pixel:Yo, Ivcrciwnge Pua ai may Mone. HARDWARE 10BASETNETWORHING,M[CRO aCIL'CC'S 3D Df61TIZ.ER, Vidor EXPERIENCE Tomes Personal Ardmatiun Rttotdn, Arega, Dee Airha, Pemi:m Pm System, andThintm. SKILLS JYEARS: NAGEPRGCESSINGMDMORPMNG,mMlmgs?iB(1n include digitizing and all fomes of sneer modeling), layout and desip„ business interfere. 2 YEARi Iigl aing and graphic design, Photoshop, W'iamagn, and Fmcval Design Pante. 6 Yens of leadership cosponsors. CLIENTELE Di®mL Harfouehe Christma Ministries, 2 NBC 011haeee. l ABC aRliale,I WB aRliec,An:esbun' GtouP and Easpan PM Authority. etc. WORK HISTORY 1993-I99I THE PYRITE DESIGN GROI'P Bangor. ME Owier, Anis) MILITARY UNITED STATES.4KMY 1990-1993 Gulf We Veteran Specialist E4 ADDITIONAL Willing to Means, Eager to expend hnrizons aM learn now lccMique, bell INFORMATION vorkingselfnaw. REFERENCES Furnished upon aelueu. PENOHSCOT-DOWNEAST CABLE TELEVISION CONSOTRIUM MEMBERSHIP LIST DECEMBER 1 1998 Bangor Bar Harbor Belfast Brewer Bucksport Dexter Hampden Milford Orono Southwest Harbor Veazie Note: All members of the consortium currently receive cable television service from Frontier Vision Operating Partners, L.P. EXHIBIT 1 3 Studio Proposal WBGR's studio is available 12 hours per day. We have staff available from]am to Users m facilitate tapings and technical needs. We are willing to main people needed for all positions. We feel that at lenders ofour staff members will needle be available for each hoping in case of problems and m help the process flow smoothly. WBGR staff to run equipment need to be scheduled a week in advance. There will be a monthly minimum fa of $500 for access m the Bangor Studio. Sets needed for dif£ereM programs would be left up to each show and not the responsibility of WBGR. In most cases, WBGR could provide storage of these sets. At this point, we are directly linked to cable's head end in Orono and there is a possibility that a subcarrier is already available for use, and with space currently available we could operate a cable test center The rental for the cable cast center is$300/month. WBGR staff could be made available to run this master control for a rate of $7/hour. We would charge a minimum of at least oho -hour due to ad up time and now down. The following ere some price scenarios: Hourly rate: Three cameras, WBGR staff, Studio, Switcher & CG - $400/bow Three cameras, 1 WBGR Overseer, Studio, Switcher & CG - $350/hour Two cameras, WBGR staff, Studio, Switcher & CG-$30o/how Two cameos, 1 WBGR Overseer, Studio, Swimhsr & OG- 5250/hour One tamers, WBGR staff, Studio, Saunter & CG - $200/hour One camera, Studio, Switcher & CG - $150&ow Daily rate: (10hows) Any of the above scenarios for $1200/day Outside of Studio Shoots WBGR's equipment has open availability. However, equipment would have to be scheduled two weeks in advance. Due in insurance and the safety of the equipment WBGR producer will have to be present on all shoots. A raft of$10 per how, per staff member, will be charged for all shoots. Shows in which announcers are needed additional personnel will be necessary. This will be billed on a per person basis at $50 per hour, per person. The following are some financial scenmios' Hourly Rate Otic camera, WBGR Operator -$]5/hom Two contains, WBGR Producer, WBGR Operators, Switcher- 5350/hour Two cameras, WBGR Producer, Swhcher-$250/Iwur Three cameras, WBGR Producer, WBGR Opemtwr Switcher - $450 Three cameras, W13GR Producer, Switcher-$300/hom Daily Rate: Any of the above scenarios $2000/day Editing Facilities WBGR has two levels of editing, one high-end digital and one low end The high end would be available for contracting packages For example: the weekly ballgame needs an open, close, bumps and graphics -that would be created for $300-$1000 depending on the complexity of the idea. This would also be available on an hourly basis with an editor for $1001hour The low-end suite can be teamed and we are willing to teach people who are interested. Training is available and takes approximately one to two months at a cost of $75 per how with an instruatoc However, the suite can be mnted ou w a cost of$50 per bouror $]5 per hour with an editor. The editing suites are available during the evening hours but could be scheduled during the day with three weeks notice. The evenings need in be scheduled at least two weeks in advance. 99-64 �reoonw rmMmr-a�-sot .aeaoraot s+.0 wnrrmleaa.aio Richard Gammon Objective Television Engineer Mrar9ezyadaae Marmto Decay VktrN AM -FM liiwoln, ME Chief EMpnearlAnnoumar Pafornad reutne antl preventive malnferarce on all shugo equipment acwWirg to FCC regulations. Maintained both AM and FM Vansmidem In accoMarice with FCC Regulation. Performed announdrg duties Curing various air shifts. Additional duces included maiMaiMng station INS. mp arritirg and mmmerdal pratludion. May 96 to Sep v V I -TV Chants] BOW,, ME Production Assidani Responsible for peRonNrg a variety production assgnments for this ABC afiliate. Duties inclu le carnere operation for both studio and remote production: serving as Floor Drador. Uredos. Tedrniml Dredor,A oUr r,EdW,,Gllaader Gene210r Opel . Ytleagrepher and Segment Producer on various live and taped produ tion. Pertaaed seWp for both sWtllo and re note aperetions. Various duties included voice avers. lighting, audio setup and kchniwl sMupfa samaras. Aug 91 b Sep W FREELANCE Freelarra Autlb Assislarl[ Bogor. ME PMormad audio assistant duties for Vin UBona Productions during Motors lapirgs of America's Funniest People. Seputose w Sleepers Ydeo Production Bogor, ME ErgmeaMroMcerlDreclp 9eP98WRresent WHGRTV33 Ba ,,ME CBla Opnalor PR 0 Ftlucatbn Eduw on: 1983 Wayne Communlly@ Ne Gddsbom, NC Radio Mm Wng 1984-1986 United5teles Air Foy Venous ae Nc TeWW Sd is Weapons Control Sys sTecbnidan Tdmmm Mank an Tcbniaan XSlaaca R eienma scalable upon request JAMES W. MCLEOD 2881 Ohio Street Suite 6 Bangor ME 09901 207-869-86131 EDUCATION 1986-1989 Liberty University, Lynchburg, VA- Degree in Radio/Television Management 1981-1986 Graduated from Bangor Christian School, Bangor, ME EXPERIENCE 1/95 -Present WBGR TV33, Maine Family Broadcasting, Inc. - Building a television station from the ground up. The facilities, on air signal and the organizational structure needed to make this a successful television station. 5/88-12/94.. WHCF,FM88—Chief Operator— Responsible for everything that went over the airway. This involved dealing with program suppliers, listener surveys and managing the on -air staff. 9/86-5/88 WRVL,PM88— Announcer and Board operator while attending college. Work load of about 25 his. per week 99-64 CABLE TELEVISION PUBLIC ACCESS PRODUCTION FACILITIES This AGREEMENT made as of the lat day of February 1999, by and between the CITY OF BANGOR, a municipal corporation and govern- mental entity located in Bangor, Maine (hereinafter "the City") and JAMES W. MCLEOD, doing business as J -MAC Video, with offices at 2881 Ohio Street, Suite 6, Glenburn, Maine (Bangor P.O.) 04401 (hereinafter "McLeod"), W I T N E S S E T H: Recitals 1. The City is a local cable television franchising authority under Maine and federal law. As a local franchising authority, the City has entered into a Cable Television Franchise Agreement dated December 8, 1997, with FrontierVision Operating Partners, L.P., to provide cable television service to Bangor residents. Under the franchise agreement, FrontierVision has agreed to allocate not less than three channels on its cable system for shared public access use with other area municipalities and cable subscribers. The City wishes t0 increase the availability and utilization of the FrontierVision public access channels by Bangor residents, and Wishes to secure cable television production facilities and services for this purpose. 2. McLeod owns and operates a commercial television production studio and related facilities at 2881 Ohio Street in Glenburn, Maine. McLeod broadcasts commercial programming in the Bangor area as WBGR, Channel 33 (UHF)/Channel 9 (Cable). McLeod's facilities at 2881 Ohio Street are linked via microwave t0 FrontierVision's head end facilities in Orono, Maine, thereby allowing for direct transmission of WBGR commercial programming and non-commercial feeds over the FrontierVision cable system. 3. On September 2, 1998, the City issued a request for proposals ("RFP") to provide a cable television public access Production facility for use by Bangor residents. A copy of the City's RPP is attached as Exhibit 1, and is incorporated herein by reference. On October 14, 1998, McLeod submitted its written proposal in response to the City's RPP. A copy of the McLeod proposal is attached as Exhibit 2, and is incorporated herein by reference. 4. The City wishes to retain the services of McLeod to provide cable television public access production facilities and services t0 Bangor residents, in accordance with the McLeod proposal, except as modified by this Agreement. In consideration of the foregoing recitals, and in consider- ation of the mutual promises made herein, the City and McLeod hereby agree as follows: Agreement 1. Cable Public Access Production Facilities McLeod agrees to make the WBGR studio, staff and equipment available to Bangor residents for cable television public access production at the hourly rates set out in McLeod's proposal. McLeod reserves the right to deny use of equipment to Persons not properly trained In use of the equipment concerned. McLeod shall be responsible for maintenance of all necessary production equipment, and for any damage to equipment utilized in cable access production, unless such damage is caused intentionally or by gross misuse of the equipment concerned by persons other than McLeod employees. Hourly rates set out in McLeod's proposal for studio, staffing and equipment use shall be paid by residents utilizing McLeod's production services r facilities, and shall not be the responsibility of the City of Bangor. McLeod agrees to designate regular times for use of WBGR's studio facilities for public access production, aggregating not less than 25 hours per month during the term of this agreement. Times designated for this purpose shall include four hour blocks on at least two weekdays, two evenings (5:30 - 9:30 p.m.) and two weekends (Saturday or Sunday) Per month. Use of McLeod studio facilities during the designated times shall be by advance reservation, one week in advance. In consideration of the annual studio reservation fee to be paid by the City Of Bangor as provided in paragraph 2 below, Bangor residents utilizing WBGR studio facilities for public access production during the times designated for that purpose shall receive a $20.00 per hour discount on hourly studio fees. The hourly discount for Bangor residents shall not apply to charges for post- production editing or to production work at non -studio locations. xn the event McLeod studio facilities have not been reserved by Bangor residents at least one week prior to a Scheduled Public access production session, McLeod may allow use of its studio facilities by residents of other municipalities that are members of the "Penobscot-Downeast Cable Television Consortium." Current Cable Consortium members are listed in Exhibit 3 attached to this Agreement. Residents of non -Bangor Cable Consortium municipalities shall be responsible for payment of all charges relating to their use of McLeod facilities and services, but shall not receive the $20/Tour studio discount. McLeod may establish waiting lists and reasonable "no -show - charges, as needed, for use of its studio by Bangor residents and residents of other Cable Consortium municipalities during designated Public access production times. Bangor residents shall be given Priority on any waiting list for use of the studio during designated Public access production times. If no residents of Bangor or other Cable Consortium communities have reserved use of McLeod's studio for a designated public access production session, McLeod may utilize its studio for other purposes. Page 2 2. Annual StudioReservation Fee In consideration of McLeod's reservation of the WBGR studio facility at designated times for cable public access production, the City shall pay McLeod an annual fee of Six Thousand Dollars ($6,000.00), or Five Hundred Dollars ($500.00) for every month that this Agreement shall remain in effect. 3. Non -studio Production Services: Bditina Services McLeod shall make non -studio production services ("outside of studio shoots") and post -production editing services and facilities available to Bangor residents at hourly rates set out in McLeod's Proposal. Scheduling of non -studio production facilities shall be as set Out in McLeod's proposal. 4. Cablecast Facilities McLeod shall make available 'cablecast" facilities within the existing WBGR facility, together with all the necessary staffing and equipment, to provide airing of all access programming by best possible means as determined by McLeod. This includes, but is not limited to, direct fiber link to headend, direct airing at headend facility, or direct microwave link. It is the intent that with the Process of fiber rebuild, the WBGR facility at 2881 Ohio Street will be directly connected by fiber to provide multiple channel service and remote feeds from areas within the consortium as soon as Practically possible. 5. Cablecast Fees The City shall pay McLeod an annual fee of Three Thousand Six Hundred Dollars ($3.600.00), or Three Hundred Dollars ($300.00) for every month that this Agreement shall remain in effect, for reservation of cablecast facilities and equipment. In addition, residents of Bangor and other Cable Consortium municipalities utilizing McLeod cablecast facilities to transmit signal feeds to ProntlerVision head end facilities shall be billed $7.00 per hour by McLeod for staff time. 6. Public Access Program Schedules In providing cablecast facilities, McLeod shall coordinate public access program scheduling with representatives of Frontier - Vision. At such time as the Penobscot-Downeast Cable Television Consortium employs a regional public access coordinator, McLeod shall coordinate public access programming scheduling with the public access coordinator. McLeod further agrees to work with the Cable Consortium's regional public a ordinator to coordinate training sessions, studio public access production schedules, and related issues. 7. editorial Control In Providing services under this Agreement, McLeod shall not exercise editorial control over the content of any public access Page 3 programming. However, McLeod may decline to provide facilities and services, including production, editing and cablecast services, for the production or transmission of any public access programming that is legally obscene, slanderous, or includes incitement to riot or breach of the peace. 8. Municipal Cable Access Production During the term of this Agreement, the City and its departments may utilize McLeod facilities and services for cable television access production, by reservation, as provided i paragraphs 1, 3 and 9 above. The City and its departments shall pay all applicable rates as provided in this Agreement when using McLeod's facilities and services for cable access production work. The City and its departments shall r a $20.00 per hour discount on hourly studio fees as provided in paragraph 1 above. During the term of this Agreement, should the City or its departments, other than the School Department, request bids or proposals for particular television production services, McLeod will be provided with a copy of the City's request for Such Services, and Shall have an opportunity to submit its bid or proposal for the work concerned. WEEK — if�l3[ii[[R '2iRiR1 Production services and facilities, including cablecast services, provided pursuant to this Agreement Shall not be used for production or transmission of commercial advertising on cable public access channels. This paragraph does not prohibit McLeod from providing its production facilities and services to commercial advertisers during times not reserved for cable public access production, for broadcast on channels other than cable public access channels. 10. Term of Agreement This Agreement shall be effective February 1, 1999 and shall terminate January 31, 2000, unless renewed or extended by agreement of the parties. All pricing for services and facilities recited in this Agreement shall remain in effect without change for the full term hereof. During the term of this Agreement, McLeod and the City agree to work cooperatively toward establishment of a studio/office location for McLeod within the City of Bangor. A final decision to locate or not locate such facilities within the City of Bangor shall be made by McLeod and WBGR, in their sole discretion. However, it is understood that any agreement by the City to extend this Agreement beyond January 31, 2000 may be based in whole or part on McLeod's commitment to locate additional production facilities within the City of Bangor at a location convenient for use by Bangor residents. Page 4 12. Other Documents All exhibits expressly mentioned in this Agreement and attached hereto shall constitute a part of this Agreement as if fully incorporated herein. In the event of a conflict between the body of this Agreement and any exhibit, the body of this Agreement shall control. This Agreement and the attached exhibits supersede any previous discussions or understandings. 13. Duality of Service McLeod shall perform all services under this Agreement with are, skill and diligence in accordance with applicable professional standards, and in accordance with all applicable federal, state and local laws and regulations. 14. Notices All notices required or Permitted under this Agreement shall be in writing and shall be sent by First Class Mail addressed as follows, or to such other addresses as the parties may designate from time to time in writing: To the City: City of Bangor 73 Harlow Street Bangor, Maine 04401 Attention: Legal Department To McLeod: J -MAC video 2881 Ohio Street Suite 6 Bangor, Maine 04401 15. Termination It is the intention of the parties that this Agreement shall amain in effect for the full term hereof. During the initial term. this Agreement may be terminated by either party only upon written notice, and only for cause. Cause for termination on the part of McLeod shall consist of non-payment of any fees required to be paid hereunder by the City. Cause for termination on the part Of the City shall consist of substantial non-performance of any provision of this Agreement by McLeod, provided that non-performance of this Agreement by McLeod due to power outages, extraordinary adverse weather conditions, or other occurrences constituting force majeure shall not be a basis for termination by the City. In the event this Agreement is properly terminated by the City for cause prior to expiration of the initial term hereof, McLeod shall reimburse the unearned Portion of any fees paid by the City. Page 5 16. Amendments This Agreement may be amended only upon written agreement of the parties. 17. Applicable Law This Agreement is made and shall be interpreted in accordance with the laws of the State of Maine. 18. Authority to Execute By the signatures of their respective representatives below, the parties mutually represent that they have taken all steps necessary to authorize execution of this Agreement, and that upon execution by both parties this Agreement shall be effective in accordance with its terms. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of 1999. CITY OF BANGOR (BY) Edward A. Barrett Its City Manager JAMES W. MCLEOD Page 6 CITY OF BANGOR PURCHASING DEPARTMENT CITY HALL, 73 HARLOW STREET BANGOR, MAINE 04401 TEL. (207)945-0420 EXT. 308 994 September 2, 1998 REQUEST FOR PROPOSALS CITY OF BANGOR CABLE TELEVISION PUBLIC ACCESS PRODUCTION FACILITY 1. INTRODUCTION AND GENERAL INFORMATION The City of Bangor invites proposals Gom qualified entities to provide cable television public access production facilities for use by the City of Bangor, the Bangor School Depamnerm and individual cable television subscriber. Under a cable franchise agreement signed December 8, 1997 between the City of Bangor and Frontier Vision Operating Farmers, L.P., FromierVislon is required to make available to Bangor cable subscribers a minimum of three public access channels, following completion of a cable system fiber optic upgrade that is currently in progress. The three public access channels will be dedicated, respectively, to governmental, educational, and traditional public access use. The three channels will be utilized on a shared basis wit 14 other murticipaliice in to Pencbacot-Downeast region. A list of the municipalities concerned is attached. Under to &andilse agreements, each municipality is required to designate a public access production facility and to arrange for necessary staffing and equipment. The City of Bangor is requesting proposals tat provide a public access production facility located within to City. Proposals are requested m provide live and video tape production facilities and necessary staffing. In addition, Proposals for remote cable broadcast facilities are invited Proposals should address to following elements. II. INSTRUCTIONS AND INFORMATION FOR PROPOSERS This request for proposal (RFP) represents Ne requirements of the City to presence cable television public access production facilities. The following information provides a general description of the Request for Proposals requirements and to format to be followed. Offerer most famish all information requested and follow the instructions as noted herein. Additional information may be submitted if deemed helpful in to selection process. Requesrfm Proposal Page I of Public Access Produ E(HIBIT Incurring Costs All costs incurred in the preparation and submission of proposal will be home by the offerers. Pre proposal Conference and International Meeting A meeting will be held at 2:00 PM on Tuesday September 15, 1998 in the Conference Room on the third Boor of Bangor City Hall, 73 Harlow Street, Bangor, Maine. All questions concerning this Request for proposal and all requests for further information will be reviewed at that time. Preparation proposals should be prepared providing a straightforward, concise dehnestion of the services proposed to satisfy the requirements of this request. Completeness and clarity of content arerequested. All brochures, presentations and items submitted in support ofpmpssals will become part of the Contract. Modification or Withdrawal of Proposals Proposals maybe modified or withdrawn in person or by written notice received a any time prior to the closing date and time specified. Proposals may be withdrawn in person only by an authorized representative of the offerer. Requests for Further Information. Explanations or Addendum m the RFP Any interpretation of the meaning of my of the provisions of this RFP, or correction of any apparent ambiguity, inconsistency, error therein, father irdomtanon or any other matter pertaining to this RFP, will be made to all prospective proposers. Every requmt for such interpretation, correction, or further information should be in wnting, addressed in David N. Pellegrino, Purchasing Agent, City of Bangor, Bangor City Hall, 73 Harlow Street, Bangor, Maine 04401, or faxed to(207)945-0446 and must be received at least ten (10) calendar days prior to the opening of proposals in order to be &vera consideration. However, the City shall rat be obligated to respond m such request for interpretation or correction. All such interpretations and supplemental instructions will be in the form of written Addenda in the RFP which, if issued, will be mailed to each proposer of record. In case any proposer fails to ackmwledge receipt of any such Addendum, their proposal will nevertheless be construed as though the Addendum has been received and acknowledged, and the submission of his/her proposal will constitute acknowledgment of the receipt of same. Only the interpretation or correction by David N. Pellegrino, Purchasing Agent, in writing, will be bindin& and prospective proposers we wanted that no other source is authorized to give information communal or to explain or imeryret, the RFP. Reluestfor Rpposal Page 2 oft Public Access Production FodUry 99-64 Amendments (Addenda In the event that an amendment (addendum) to this solicitation is issued, all solicitation terns and conditions will remain in effect unless they are specifically changed by the amemhnent. Proposals shall include acknowledgment of all amendments or be subject to rejection. If an offerer desires to change an offer that has already been submitted, the change may be made by a signed letter that refers to the solicitation and amendment numbers, and which is received at the place designated, and prior to the how and date specified in the solicitation (as amended) for receipt of offers. All signatures on offers, amendments, or related correspondence must be by persons who are authorized to contractually bind the offerers. Submission of Proposals In order to be considered proposals must be delivered by 2:00 PM, Wednesday, October 14,1998 to: David N. Pellegrino, Pomhasing Agent, City of Bangor, 73 Harlow Street Bangor, Maine 04401. Please submit one original end two (2) copies ofthe proposal. All proposals received will be opened and made available to the general public. The envelope containing the proposal shall be sealed and plainly marked "PROPOSAL FOR CABLE TELEVISION PUBLIC ACCESS PRODUCTION FACILITY" and shall bear the name and address of the proposer. If forwarded by mail, the sealed envelope containing the proposal shall be enclosed in another envelope addressed as specified. Timely delivery is Ne sole responsibility of the respondent. Proposals received after the specified date and time will be resumed, unopened, to the sender. All proposals must be prepared in ink or typewritten and signed by the Proposer. If sum already entered by the proposer is m be altered, it shall be crossed out in ink and the new sum shall be entered above or below it and initialed by the proposer in ink. The right is reserved by the City of Bangor to reject any or a6 proposals, an waive informalities or defects in a proposal, to negotiate changes in a proposal, or to accept a higher cost if such action is deemed to be in the best interest of Ne City. Proposer Oualifications No contract will be awarded except to responsible propawr(s) for providing the services contemplated. Before the award of the Contract, any proposer may be required to show that the proposer bas the necessary experience, ability and financial resources to Provide the services and facilities required. Requestfor Proposal Page 3 of Public Access Production Facility 99-66 Review of proposals and Acceptance The City will have the right to select the proposers) best able to provide the services required and will then contract based on all factors involved in the proposal. ALL proposals will be reviewed by City staff that will thea submit recommendations on the selection of an entity(ia) to the Bangor City Council. Respondents should be aware that information contained in the submitted proposal will become a public nwoN Ed evaluating proposals, the City of Bangor reserves the right to use any or all of the ideas from the proposal submitted without limitation and to accept any pan or all of the successful proposal in selecting the services considemd to be the most advantageous to the City. All material submitted becomes the property of the City of Bangor. The evaluation of proposals and determination of the award will be at the discretion of the City Council and its judgment shall be final and without right of recourse by any offerer. proposals should be presented in a clear and concise manner, however, the City reserves the right to negotiate any portion of the proposal determined to be unclear or to inappropriately address the needs of the City of Bangor. Resection of proposals The City ofBargor reserves the right to reject any and all proposals received and to waive any informality, technical defect, or clerical error in any proposal as the interest of the City may require. Nonacceptance of any proposal will be devoid of any criticism of the proposal and of any implication that the proposal is deficient in any manner. Non acceptance of any proposal shall be consumed as meaning simply that the City does not deem the proposal to be acceptable or that another proposal is deemed to be more advantageous to the City for the particular services proposed. Award of Coned The contract will be awarded by the City Council to the proposer bat able to provide the servicesrequired. All proposals shall remain Into for sixty(60) calendar days after receipt of the proposals. IR. TECIiNICAI, REQUIRElVlWfS 1. Studio Facility. Proposers must be able o provide a studio facility located in the City of Bangor for live and video tape production of local cable television programming for all three access channels. Proposals must designate the studio location, charges for we of the facility, and available hours for public access production. Studio facilities must include control room facilities as needed. Requestfar Proposal Page 4 of Public Access Production Facility 2. Eo. Proposals must include a list of production Nuipment that will be available for access ueS with a schedule of charges and other conditions for such use. Charges may be designated as included in a single rote or fee for studio me. 3. Staffine Proposals should address the availability of qualified production staff for training of access users, and for actual production work. A schedule of charges should be molested Charges for production staff may be included m a single rate or fee for snutio use. 4. Cable Cart Canter. Under the fiancluse agreanmt, FrontierVision wJl provide a direct fiber optic link between the access production facility location designated by the City of Bought, and the cable system head and. Proposals should address space and Nuipmed vailability for a cablecart facility, separate from but co-located with the production facility control room, to hsnawtlive and videoupe fsds from multiple production locations to the cable system head and. A schedule of charges should be included S. Remora Location Broadcast Facilities. Proposers are invited to submit optional proposals for use oftemoto brezdcastpreduction facilities, such as a mobile broadcast van. Proposalsfor remom production facilities must include a fail description of the equipment, capabilities, availability, and cost. The City of Bangor may select a single proposer to provide both the studio facility and the remote facility, or may select different providers for each of these facilities. Statement of Experience and Qualifications. Astetementofexperi eandquahficationsisrequired. The statement should emphasize television production experience in general, and the proposer's past experience with cable public access production, if my, Charges. All schedules ofcbwges must remain in effect through the and of calendar 2000. Proposals should include a formula for future increases or decreases in razes charged. Studio Availability Date. Studio production facilities must be made available m accordance with the proposal as of a dated specified by the proposer; but N any event not later Nan July 1, 1999. permits broadcast facilities must be made available as of a date specified by the proposer. Site Visit. Proposed studio production facility locations must be available for a site visit by the City of Banger. Requestfor Proposal Page 5 of Public Access Production FacilitP Information and Questions. Technical questions about capabilities of the new fiber optic cable system may be addressed Brain Seifnah, Director of Construction Frond"Vision Operating Partners, L.P. 444 Perry Road Bangor, Maine 04401 (207)942-3047 Copies of the City of Bangor - FrovticrVislnn cable fiancbise agreement and the City of Bangods cable television ordinance may be obtained from the Bangor City Solicitor's office. There is a copying charge of $3.50 for each document W. SELECTIONCRITER : As part ofthe evaluationprocess, the City may, at its discretion, request any one or all respondents to make mel presentations. Selection criteria MR be based om but not limited to the following: abackgrouud, experience, and qualifications of the individual, and/or the entities involved. ane studio facilities and control room facilities availability. .The production equipment availability. aTbe commie location broadcast facilities availability aThe schedules of charges. .The ability of the overall proposal m meet the City's requirements as noted in this Request For Proposals. ReguestjorProposal Page 6 ofd Public Access Production Facility 99 " BANGOR AREA CABLE CONSORTIUM MEMBERS Bangor Bar Harbor Belfast Brewer Bucksnort Dexter Ellsworth sDden Lincoln Milford Old Town Orono Orrington Southwest Harbor veazie 99-64 September 2, 1998 BIDDERS LIST CABLE TELEVISION PUBLIC ACCESS PRODUCTION FACHATV Due Back: October 14, 1998 WBGR Channel 33 Maine Public Broadcasting Corp. 2881 Ohio Street 65 Texas Avenue Bangor, Maine 04401 Bangor, Maine (mklH WLBZ Nmscenter 2 WMDI Bridge Broadcast Corp. Mount Hope Avenue 15 Collage Strew Bangor, Maine 04401 Bar Harbor, Maine 04609 WABI TV Channel W VH TV 35 Hildreth Street 371 Target Industrial Circle Bangor, Maine 04401 Bangor, Maine 04401 Husson College Maine School of Broadcasting I College Circle Bangor, Maine 04401 i WBGR Family 33TV "Television you can feel good abourP Proposal For City of Bangor Cable Television Public Access Production Facility WBGR/J-Mac Video is a television station and production company under one roof We are located on Ohio Street. Oa building is twenty -tiro hundred square feet and contains a large storm, two production suites, reenact control and office space. In the real couple months we will be doubling the size ofoN facilities as part of our expansion, and will also have a studio in Bangor. WBGR is experienced with producing local programming in the Bangor area As a UHF station WBGR TV33 currently produces eight local half hour programs each week In addition to these programs, 10 local football games, 25 to 30 high scbool baskeUl games and several other high school special evens are produced each year. Our equipment is broadcast quality. Our formas include%",8S ,and High capability at this time. And, on the verge of expansion to digital. We will make our staff available when possible and are willing to train others on Use equipment a a rate of $25/how. Enclosed pleose find pricing and ideas for yaw proposal. EXHIBIT tl 'l 2881 OHIO STREET, SUITE 6 • BANGOR, MAINE • 006011 1207 g