Baldwin County Commission Request for Proposal (RFP) Closed Captioning Services

Baldwin County Commission Request for Proposal (RFP) Closed Captioning Services The Baldwin County Commission (County) desires to obtain through this Request for Proposal (RFP) a qualified vendor to provide closed captioning services as it relates to the Baldwin County Commission. The vendor will provide closed captioning services for various meetings and public forums of the Baldwin County Commission in addition to documentaries, public service announcements and other items which are broadcast by cable television providers operating pursuant to the Baldwin County Commission's Baldwin County Cable Television System Franchise Agreement. The competency, experience and background of Vendors will be considered along with the quality of the proposal in making the contract award. A proposal other than the lowest priced may be selected if the County determines, at its sole and absolute discretion that its interests will best be served by doing so. The Request for Proposal as awarded will be for a thirty-six (36) month period and pursuant to any applicable contract or contracts among the vendor and the Baldwin County Commission. The County reserves and in its sole discretion may exercise the following rights and options with respect to the proposal submission, evaluation and selection process under this RFP: To reject any proposals if, in the County's sole discretion, the proposal is incomplete, the proposal is not responsive to the requirements of this RFP as stated, the Vendor does not meet the qualifications set forth in the RFP, or it is otherwise in the County's best interest to do so. To supplement, amend, substitute or otherwise modify this RFP at any time prior to selection of one or more Vendors for negotiation and to cancel this RFP with or without issuing another RFP. To accept or reject any or all of the items in any proposal and award the contract(s) in whole or in part ifit is deemed in the County's best interest to do so. To request that some or all of the Vendors modify proposals based upon the County's review and evaluation. To require a Vendor to give an oral presentation and/or product demonstration to the County after submittal of the RFP. Actions by the County in this regard should not be construed to imply acceptance or rejection of a proposal. The County will contact the Vendor's primary contact with further instructions should the County decide to request a presentation/demonstration. llpage

Baldwin County will not reimburse Vendors for any cost involved in the preparation and submission of responses to this RFP or in the preparation for and attendance at subsequent interviews. I. BACKGROUND The Baldwin County Commission requires all cable television operators, in its county government's jurisdictional limits, to dedicate one channel on their basic cable service tier, to rebroadcast Baldwin County Commission meetings and various other County Public Forums to the public seven days a week, twenty-four hours a day. The Baldwin County Governmental & Educational Access Channel provides rebroadcasts the Baldwin County Commission Regular Meetings as well as other filmed public forums and miscellaneous other filming and productions that provide county related information to the public. The Americans with Disabilities Act (ADA) required that a public entity shall take the appropriate steps to ensure that communications with certain members of the public with disabilities be as effective as that with other members of the general public. It also requires that a public entity shall furnish auxiliary aids and services and thereby affording individuals with a disability an opportunity to participate. The Baldwin County Commission provides closed captioning for each of its regular meetings and at time additional meetings and productions to give every member of the public an opportunity to view county government. II. BALDWIN COUNTY GOAL The overall goal of this RFP is to establish a contract to be used by the Baldwin County Commission for real-time closed captioning service of all Baldwin County Commission Regular Commission meetings and other meetings and productions as required from a source that provides prompt service with accuracy generally better than 90% (ready to commence at least 15 minutes in advance of when a meeting begins). III. SCOPE OF WORK The vendor shall provide real-time closed captioning of Baldwin County Commission regular meetings and various other productions as needed utilizing the vendor's real-time stenocaptioning hardware and software. The vendor shall designate two individuals as primary contact to the County and as a backup. These individuals shall be available by telephone 7:30 a.m. to 5:30 p.m. Monday through Friday and during broadcasting times. The translation rate of90% accuracy, or better, for Baldwin County Commission Meetings is required. The vendor is required to complete a connection test approximately 15 minutes before the beginning of each meeting to ensure the data connection is established with the County. 21Page

IV. PROPOSED PLAN All proposals must comply with the following criteria. Proposals not meeting ALL criteria may be considered non-responsive and will be rejected. A. Cover Sheet The Proposal must include a properly completed and signed Cover Sheet. A Sample Cover Sheet with all of the required information is included as Attachment A. B. Overview The overview should demonstrate the Proposer's overall qualifications to fulfill the requirements of this RFP, including experience in closed captioning services for various entities. c. Implementation Approach Provide steps and actions you will take to accomplish the tasks described in this RFP. Proposers should describe in detail the methods used to provide closed captioning services and provide the timeframe for providing the final product to the Commission. D. Key Personnel Qualifications Identify Key Personnel and provide their qualifications and experience related to the requested services. Response should address the following: Names of Key Person(s) who will be performing the work and their responsibilities; Qualifications of Key Person(s) who will be performing the work; Extent of Key Person(s) involvement on this project; Short description of experiences on similar or related projects. E. Pricing Information Proposers should provide an hourly rate (all inclusive) to provide the services as described in this RFP. Pricing information included with the proposal must breakdown into elements that are clearly defined in the services being proposed. If you wish to propose additional services or an alternate approach to what is being requested please provide those as a separate page(s) that are clearly labeled as "Alternate" or "Additional Services". F. Customer References The "Proposer" must provide at least 3 previous customers with a similar size which the "Proposers" have performed similar tasks within the last five (5) years. Clients who are County and Local Government would be a plus. 31Page

V. PROPOSAL SUBMISSION Three (3) original paper copies of the proposal must be received by the County prior to 2:00 p.m. (Central Standard Time) on November 21, 2011. All copies of the proposals must be under sealed cover and plainly marked. No emailed proposals will be accepted. Proposals should be delivered or mailed to: Paula Tillman, Public Information Coordinator 312 Courthouse Square, Suite 12 (mailing address) 322 Courthouse Square (physical address) Bay Minette, AL 36507 251.580.1695 VI. INQUIRES AND QUESTIONS Inquires or questions should be submitted by email only to Paula Tillman, Public Information Coordinator, ptillman@baldwincountyal.gov no later than November 18,2011. All inquiries or questions should be consolidated by each vendor and submitted prior to the November 18,2011, deadline. All questions that are submitted will be answered and posted to the County website. VII. PRIME CONTRACTOR RESPONSIBILITIES Proposer will assume responsibility for delivery of services and application performance, regardless whether or not the Proposer subcontracts any of these items and services. The Proposer will be the sole point of contact regarding contractual matters, including performance of services and the payment of any and all charges resulting from contract obligations. Proposer will be totally responsible for all obligations outlined under this RFP. VIII. HOLD HARMLESS PROVISION The vendor shall at all times indemnify and save harmless the County and its Departments, their officers and employees, against all liability, claim of liability, loss, cost or damage, including death, and loss of services, on account of any injury to persons or property, occurring from any cause whatsoever in the work involved in the contract, and will at his expense defend on behalf ofthe County and its departments, their officers and employees, either or all, any suit brought against them or any of the arising from any such cause. IX. PROPOSER QUALIFICATIONS All Vendors shall be in compliance with all applicable federal, Alabama State, County and municipal laws, regulations, resolutions and ordinances, including, without limitation, all certifications, licenses, and permits, per Alabama Code (1975), as amended, Sections 1O-2B- 15.01, et seq. (concerning out-of-state corporations doing business within Alabama), Sections 34-8-1, et seq. (concerning general contractor licensing for businesses which construct or superintend the construction of any building, highway, sewer, grading or any improvement of structure costing $50,000.00 or more), Sections 40-12-1, et. Seq. ( concerning licenses), Sections 40-14A-1, et seq. (concerning taxation of corporations conducting business in this state), and Sections 40-23-1, et seq. (addressing sales and use tax); provided, the vendor is not exempted 41Page

from the above mentioned Code Sections elsewhere in the Code. All Vendors shall timely submit evidence or documentation establishing that they are presently licensed and permitted under the applicable above mentioned Code Sections, suitable to, and upon request by, the Baldwin County Commission. Such evidence or documentation may be submitted with the RFP. X. SERVICE TEST PERIOD If the Vendor has not previously performed the services to the County, the County reserves the right to require a test period to determine if the Vendor can perform in accordance with the requirements of the contract, and to the County's satisfaction. Such test period may be from thirty to ninety days, and will be conducted under all specifications, terms and conditions contained in the contract. This trial period will then become part of the initial contract period. A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the basis for the County's decision to continue with the Vendor or to select another Vendor. SIPage

Attachment A: Cover Sheet Baldwin County RFP - Closed Captioning Services Proposal Number: ------------------------------- Company Name: Name of Company Representative: Position: ------------------------------- Address: ------------------------------------ Email Address: ------------------------------- Company Web Page: Phone: ------------------------------ Fax: -------------------- Date: ----------- Signature: 61Page

Attachment B: RFP Check List 1"~'>2~lC~~<:.'W~sk>'C'... ~.~ '<.':>.. k./.;,;; ','i\,..../~!:y~s!no...... ~. i. ;'»}....F~... l. Cover Sheet Completed Signed 2. Proposer Overview Describe Overall Qualifications in relation to requirements 3. Implementation Approach Describe Methodology Provided timeline of services 4. Key Personnel Qualifications Name of Key Persons Qualifications of Key Persons Key Persons Experience Role in Project 5. Pricing Information Detail Hourly Breakdown 6. Customer References 71Page

Attachment C: EXAMPLE BALDWIN COUNTY SERVICE CONTRACT (Terms of which the successful Proposer will have to agree to.) State of Alabama ) County of Baldwin ) CONTRACT FOR SERVICES This Contract for Services is made and entered into by and between the County of Baldwin acting by and through its governing body, the Baldwin County Commission (hereinafter called "COUNTY") and, (hereinafter referred to as "PROVIDER"). Whereas, Whereas, WITNESSETH: NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained the sufficiency of which being hereby acknowledged, PROVIDER and COUNTY do hereby agree as follows: I. Obligations Generally. The COUNTY hereby employs, and the PROVIDER agrees to perform for the COUNTY, those services as hereinafter set forth. This document shall serve as the binding contract for the services of PROVIDER. PROVIDER shall immediately commence performance of the services outlined herein upon full execution of this Contract. All work shall be commenced and completed in a timely manner as, and at the times, herein set out. II. Recitals Included. The above recitals and statements are incorporated as part of this Agreement, and shall have the effect and enforceability as all other provisions herein. III. Necessary Qualifications. For the purpose ofthis contract, the PROVIDER represents and warrants to the COUNTY that it possesses both the necessary equipment, resources and the professional, technical, and administrative personnel with the specific experience and training necessary to provide the services required herein. PROVIDER agrees that the COUNTY is acting in full reliance on this representation and that the COUNTY does not necessarily possess the expertise to ensure that PROVIDER does in fact possess same. 81Page

IV. No Prohibited Exclusive Franchise. The COUNTY neither perceives nor intends, by this Contract, a granting of an exclusive franchise or violation of Art. I, Section 22 of the Alabama Constitution. V. Representation/Warranty of Certifications, Etc. PROVIDER represents and warrants that PROVIDER is presently certified, licensed and otherwise permitted under all necessary and applicable laws and regulations to perform the services herein, and that PROVIDER shall renew, maintain, and otherwise ensure that all such certifications, licenses, and permits are current and valid, without interruption, for and through completion ofthe services. The representation and warranty aforesaid is a material inducement to the COUNTY in entering this Contract, and the parties agree that the breach thereof shall be deemed material at the County's option. VI. Legal Compliance. PROVIDER shall at all times comply with all applicable Federal, State, local and municipal laws and regulations whether or not said law or regulation is mentioned herein. VII. Independent Contractor. PROVIDER acknowledges that it is an independent contractor, and PROVIDER shall at all times remain as such in performing the services under this Contract. PROVIDER is not an employee, servant, partner, or agent of the COUNTY and has no authority, whether express or implied, to contract for or bind the COUNTY in any manner. The parties agree that PROVIDER shall be solely responsible for and shall have full and unqualified control over developing and implementing its own means and methods, as it deems necessary and appropriate in providing the aforementioned services, and that the COUNTY's interests herein are expressly limited to the results of said services. PROVDIER is not entitled to unemployment insurance benefits, and PROVIDER is responsible for and obligated to pay any and all federal and state income tax on any monies paid pursuant to this Contract. VIII. No Agency Created. It is neither the express nor the implied intent of PROVIDER or COUNTY to create an agency relationship pursuant to this Agreement; therefore, the PROVIDER does not in any manner act on behalf of COUNTY and the creation of such a relationship is prohibited and void. IX. Unenforceable Provisions. If anyone or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof. This Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. X. Entire Agreement. This agreement represents the entire and integrated agreement between COUNTY and PROVIDER and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended only by written instrument signed by all parties. 91Page

XI. Failure to Strictly Enforce Perfonnance. The failure of the COUNTY to insist upon the strict perfonnance of any of the tenns, covenants, agreements and conditions of this Contract shall not constitute, and shall never be asserted by PROVDIER as constituting, a default or be construed as a waiver or relinquishment ofthe right ofthe COUNTY to thereafter enforce any such tenn, covenant, agreement, or condition, but the same shall continue in full force and effect. XII. Assignment. This Contract or any interest herein shall not be assigned transferred or otherwise encumbered by PROVIDER without the prior written consent of the COUNTY, which may be withheld or granted in the sole discretion of the COUNTY. XIII. Notice. Notice required herein shall be in writing, unless otherwise allowed, and said notice shall be deemed effective when received at the following addresses: PROVIDER: COUNTY: Baldwin County Commission c/o Chainnan 312 Courthouse Square, Suite 12 Bay Minette, AL 36507 XIV. Services to be Rendered. PROVIDER is retained by the COUNTY as a professionally-qualified contractor. The general scope of work for the services shall include all the tenns and Conditions of "Request for Proposal (RFP)",the same being expressly incorporated herein by reference, and without limitation will encompass: " Request for Proposal (RFP) Production and Filming Services" 1. PROVIDER will provide ongoing communications with COUNTY regarding this service, including updates, emails and etc. as requested. Additionally, PROVIDER will meet with COUNTY, or designees, as needed or requested. 10 I P age

11. PROVIDER is responsible for the professional quality, technical accuracy, timely completion and coordination of all services furnished by or in relation to this Contract. Notwithstanding this requirement, PROVIDER shall closely coordinate the subject services with the COUNTY and designated personnel. 111. PROVIDER represents and warrants that its services shall be performed within the limits and standards provided by the COUNTY, in a manner consistent with the level of care and skill ordinarily exercised by similar providers under similar circumstances at the time the services are performed. XV. Attachments: The exhibits and/or attachments listed below are specifically included as a necessary part of this agreement and the same shall not be complete without such items, to wit: A. Attachment A- B. Attachment B - C. Attachment C - D. Attachment D - COUNTY and PROVIDER, if necessary, shall jointly cause such items as listed above to contain dates, signatures of the parties with authorization to make such signatures, and sufficient marks and references back to this Agreement noting their inclusion and attachment hereto. In any event of a conflict between this document and the attachments referenced above, this document shall govern. XVI. General Responsibilities of the COUNTY. 1. The COUNTY shall provide reasonable notice to PROVIDER whenever the COUNTY actually observes or otherwise actually becomes aware of any development that affects the scope or time of PROVIDER's services hereunder or any defect or nonconformance in the work of PROVIDER. lllpage

11. The COUNTY shall pay to PROVIDER the compensation as, and subject to the tenns set out herein. iii. The COUNTY shall provide any necessary notices to commence, discontinue, or tenninate the services herein described. XVII. Tennination of Services. The COUNTY or PROVIDER may tenninate this contract, with or without cause or reason, by giving ten (10) days written notice of such to the other party. Upon receipt of such notices, PROVIDER shall discontinue its work to the extent specified in the notice. In the event of tennination, the COUNTY shall pay PROVIDER for all services satisfactorily rendered, and for any expenses deemed by COUNTY to be a reimbursable expense incurred pursuant to this Contract and prior to the date of tennination. XVIII. Compensation Limited. The compensation to be paid to the PROVIDER shall be the full compensation for all work perfonned by PROVIDER under this Contract. Any and all additional expenditures or expenses of PROVIDER, not listed in full within this Contract, shall not be considered as a part of this Agreement and shall not be demanded by PROVIDER or paid by COUNTY unless the additional costs are approved by the COUNTY in the fonn of a written Change Order. Compensation to PROVIDER for work shall be paid in accordance with the Scope of Work (Attachment A). Said compensation shall be all inclusive, including without limitation, reimbursement of all cost, incidentals and operating expense associated with those directly engaged in perfonnance of the requested services. XIX. Method of Payment. PROVIDER shall submit invoices to the COUNTY for payment for work perfonned. Such invoice shall be accompanied by a detailed account of compensation to be paid PROVIDER. Payment shall be made by the COUNTY within thirty (30) days of the approval of the invoice submitted by the PROVIDER. The COUNTY agrees to review and approve invoices submitted for payment in a timely manner. XX. Effective and Tennination Dates. This Contract shall be effective and commence immediately upon the same date as its full execution, and the same shall tenninate upon the expiration ofthirty-six (36) months or upon a written notification thereof received by either party within the required ten (10) day period. Nothing herein stated shall prohibit the parties from otherwise tenninating this Contract according to the provisions herein. 12 I P age

XXI. Force Majeure. The Parties hereto shall incur no liability to the other if perfonnance becomes impossible or impracticable by reason on an event or effect that the parties could neither have anticipated nor controlled. This allowance shall include both an act of nature and acts of third parties. Any costs that would otherwise be incurred and/or necessitated by the provisions herein shall be alleviated for either party by such event or effect. XXII. Indemnification. Provider shall indemnify, defend and hold County and its affiliates, employees, agents, and representatives (collectively "County") hannless from and against any and all claims, demands, liabilities, damages, losses, judgments, costs, and expenses including, without limitations, attorneys' fees, for any and all personal injury (including death) and property damage of any kind or nature whatsoever, incurred by, asserted against, or imposed upon County, as a result of or in any manner related to provision of services hereunder, or any act or omission, by Provider. Contractor shall provide the COUNTY with proof of the insurance coverages required herein, including without limitation, general liability coverage including the COUNTY as an additional insured. This indemnification shall survive the expiration of this agreement. XXIII. Number of Originals. This Agreement shall be executed with two (2) originals, both of which are equally valid as an original. XXIV. Governing Law. This Contract in all respects, including without limitation its fonnation, validity, construction, enforceability and available remedies, shall be governed by the laws of the State of Alabama, without regard to Alabama conflict of law principles. XXV. Insurance. Prior to perfonning services pursuant to this Agreement, Provider shall carry, with insurers satisfactory to County, throughout the tenn of hereof, Auto Liability Insurance, including owned, hired and non-owned vehicles, with limits of not less than $1,000,000, combined single limit, for both bodily injury liability and property damage liability each occurrence, Commercial General Liability Insurance, including all contractual liability hereunder, with limits not less than $1,000,000, combined single limit, for both bodily injury liability and property damage liability each occurrence, Worker's Compensation Insurance, meeting the statutory limits of the State of Alabama and Employer's Liability Insurance fully covering all employees and supervisors participating in the work at/in/on any property, site, location, vessel, or equipment. All liability insurance shall name the County as an additional insured. Prior to commencing operations hereunder, a Certificate of Insurance evidencing such coverage, satisfactory to County, shall be furnished to County, which shall specifically state that such insurance shall provide for at least a thirty (30) day notice to County in the event of cancellation, tennination or any change in such insurance policies. 13IPage

The workers compensation certificate shall bear an endorsement clearly evidencing a waiver of the right of subrogation against County and County Representatives. Should Provider fail to furnish current evidence upon demand of any insurance required hereunder, or in the event of cancellation, termination or change in any such insurance, County may, at its option, suspend this Agreement until insurance is obtained, terminate this Agreement immediately without further action, or hold Provider in material default and pursue any and all remedies available. Said Certificate of Insurance evidencing the requisite coverage is attached hereto as Attachment Cas if fully set forth. SIGNATURE AND NOTARY PAGE TO FOLLOW 14 I P age

IN WITNESS WHEREOF, the parties hereto have executed this contract on the last day of execution by the COUNTY as written below. COUNTY ATTEST: Robert E. James Chainnan IDate David A. Z. Brewer Administrator IDate PROVIDER: 1 By /Date Its -------------------------- State of Alabama) County of Baldwin) 1,, :, a Notary Public in and for said County and State, hereby certify that as of, whose name is signed to the foregoing instrument and who is known to me, acknowledged before me on this day that being infonned of the contents of the instrument, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. GIVEN under my hand and seal on this the day of, 2011. Notary Public 15 I P age