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HomeMy WebLinkAboutP-24-034 CMAC.pdf coU County of Fresno INTERNAL SERVICES DEPARTMENT Facilities• Fleet• Graphics• Purchasing •Security•Technology O� 185�O ORES PROCUREMENT AGREEMENT Agreement Number P-24-034 January 17, 2024 Community Media Access Collaborative 1555 Van Ness, Suite 201 Fresno, CA. 93721 The County of Fresno (County) hereby contracts with Community Media Access Collaborative (Contractor) for Audio/visual assistance with livestreaming of the Board of Supervisor meetings in accordance with the text of this agreement, Attachment"A by this reference made a part hereof. TERM: This Agreement shall become effective January 1, 2024, and shall remain in effect through December 31, 2024. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"A". ORDERS: Orders will be placed on an as-needed basis by Board of Supervisors under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Ten thousand eight hundred dollars ($10,800.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. 333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-24-034 Page 2 Community Media Access Collaborative January 17, 2024 INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30)days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion-Col la pse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement. C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00)annual aggregate. D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. Additional Requirements Relating to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only P-24-034 CMAC.docx PROCUREMENT AGREEMENT NUMBER: P-24-034 Page 3 Community Media Access Collaborative January 17, 2024 insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty(30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Paige Benavidas and Kelly Hancock 2281 Tulare Street Room 301 Fresno CA. 93721. stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty(30) days advance, written notice given to County. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. P-24-034 CMAC.docx PROCUREMENT AGREEMENT NUMBER: P-24-034 Page 5 Community Media Access Collaborative January 17, 2024 FOR THE COUNTY OF FRESNO Digitally signed by Manuel M. Manuel M. Vilanova Vilanova Date:2024.01.31 10:50:42-08'00' Manuel Vilanova Deputy Director 333 W. Pontiac Way Clovis, CA 93612 MV:JV P-24-034 CMAC.docx PROCUREMENT AGREEMENT NUMBER: P-24-034 Page 6 Community Media Access Collaborative January 17, 2024 CONTRACTOR TO COMPLETE: Company: Community Media Access Collaborative Type of Entity: ❑ Individual ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership ■❑ Corporation ❑ General Partnership 1555 Van Ness Ave Suite 201 Fresno CA 93721 Address City State Zip 5592662622 bryan@cmac.ty TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name & Bryan Harley, Executive Director Title: Print Name &Title: Digitally signed by Bryan Harley Bryan Harley Date:2024.01.30 13:36:56 Signature: 08,00, Signature: ACCOUNTING USE ONLY ORG No.: 01100200 Account No.: 7295 Requisition No.: 1102400121 (08/2022) P-24-034 CMAC.docx P-24-034 Attachment A CMAC COMMUNITY MEDIA Date: 1/5/2024 ACCESS COLLABORATIVE Thank you for the opportunity to provide a proposal for video production services for the County of Fresno. CMAC was established as a 501(c)(3) non-profit corporation in 2006 for the express purpose of managing public, education, and government (PEG) access television resources. Our Community Media Center in downtown Fresno launched in 2012, providing free to low-cost media production services and training to individuals and organizations in Fresno County. Our production services team consists of highly experienced and creative professionals who have a proven track record of producing high-quality video content for clients in various industries in the Central Valley. Our services include, but are not limited to, pre-production planning and strategy, scriptwriting, single camera and multi-camera recording, on-location and studio recording, live streaming, editing and post-production. We utilize the latest equipment and software to ensure the final product meets the highest standards and effectively communicates your message. We understand the importance of accurately documenting public meetings, having worked with the Cities of Fresno and Clovis for the past 11 years, and are confident that our team can provide professional services that will meet the County of Fresno's specific requirements. We are happy to discuss our proposal further and answer any questions you may have.Thank you for considering CMAC for your video production needs. We look forward to the opportunity to work with you. Sincerely, Bryan Harley Executive Director Community Media Access Collaborative P-24-034 Attachment A Project: Fresno County Board of Supervisors meetings Background:The Board of Supervisors meetings occur on scheduled Tuesdays starting at 9:30am.There are occasional special meetings. Meetings are carried live on the County's Government Access TV Channel on Comcast and AT&T. Meetings are also live streamed on the County's Granicus Legistar website and YouTube channel. The meetings require a Technical Director to set up and operate the necessary equipment. Proposal: CMAC will provide one crew member on an hourly basis to assume the Technical Director role for the Board of Supervisors meetings in calendar year 2024. CMAC's Technical Director will: • Arrive one hour prior to the beginning of every meeting • Operate video/audio equipment provided by the County • Setup and monitor live streaming encoders • Setup and monitor video recording deck • Live switch sources such as cameras and computers • Alert the County's IT team of issues beyond the scope of CMAC's responsibilities • Send quarterly invoices for hours worked • Make suggestions for upgrades of production equipment as needed County of Fresno will: • Own and maintain the video/audio equipment required for the meeting: o PTZ cameras o Video switcher o Monitors o Computer& internet connection o Video recording deck o Microphones o Various cabling o Video encoders for streaming • Provide one parking pass • Notify CMAC of upcoming scheduled meetings and special meetings • Agree to pay CMAC's hourly production rate o $90.00 per hour. o There are 24 meetings currently scheduled for 2024. We estimate 5 hours for each meeting on average, for a total of$10,800. o Production rate is subject to change at the beginning of each calendar year