Sponsorship Agreement with Cable One for Movie Night in MeridianMOVIE NIGHT IN MERIDIAN
2012-2016 TITLE SPONSORSHIP AGREEMENT
This MOVIE NIGHT IN MERIDIAN 2c0�1.2�-2016 TITLE SPONSORSHIP
AGREEMENT ("Agreement") is made on thisp_ day of A--=;' ('Effective Date"), by and
between the City of Meridian, a municipal corporation orgamz under the laws of the state of
Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Cable ONE, a
corporation organized under the laws of the state of Delaware, whose local address is 2101 E.
Karcher Road, Nampa, Idaho ("Sponsor").
WHEREAS, City, by and through the Meridian Parks and Recreation Department, hosts
Movie Night in Meridian, a weekly outdoor movie event series, every Friday evening in June,
July, and August, at Settlers Park;
WHEREAS, City sought a business or organization to be the title sponsor of Movie
Night, and to that end, issued Request for Proposals no. PKS-12-10130A, "2012-2016 Movie
Night in Meridian Title Sponsorship" ("RFP"); and
WHEREAS, Sponsor provided a response to the RFP, attached hereto as Exhibit A, and
was the winning bidder;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, City and Sponsor agree as follows:
I. RIGHTS AND RESPONSIBILITIES OF SPONSOR
A. Title Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall
be recognized as, the Title Sponsor of City's weekly summer Movie Night event series.
As such, benefits insuring to Sponsor throughout the term of this Agreement shall
include:
1. Within the limits of City's control and for the duration of this Agreement, in all
promotional materials and presentations, City's weekly summer Movie Night event
series shall be referenced as "Cable ONE Movie Night in Meridian."
2. As to Cable ONE Movie Night in Meridian, Sponsor shall be entitled to sponsorship
exclusivity in the business categories for which it provides products and services.
3. Sponsor may provide one (1) video advertisement promoting Sponsor, thirty (30)
seconds in duration, for broadcast following the welcoming video at each Cable ONE
Movie Night in Meridian.
4. Sponsor may set up a promotional display in Settlers Park at each Cable ONE Movie
Night in Meridian.
MOVIE NIGHT TITLE SPONSORSHIP AGREEMENT PAGE 1 of 7
5. Sponsor may place one (1) banner no wider than eight feet (8') for display on the
movie screen, and two (2) free-standing banners no wider than eight feet (8') for
display around the seating area.
B. Purchase, donation of screen. Sponsor shall pay City nine thousand one hundred
dollars ($9,100), representing the cost to City to purchase one (1) Open Air Cinema
thirty-foot Open Air Elite Screen Package.
C. Welcoming video. Sponsor shall, in coordination with City staff, produce and have
available for City staff to pick up by 12:00 p.m. (noon) on the day of each and every
Cable ONE Movie Night in Meridian, a video of approximately three (3) minutes in
duration welcoming the crowd to Cable ONE Movie Night, to include Sponsor's thirty-
second video advertisement, two (2) thirty-second video advertisements promoting that
year's presenting sponsors, and a thirty-second video of that week's single -night sponsor.
Sponsor acknowledges that the venue at which the welcoming video will be played is a
public place and that all members of the public shall be invited to attend. To this end, all
material shown shall be appropriate for all ages, values, and sensibilities. Sponsor shall
not include language, attire, or behavior that is profane, sexual, violent, or discriminatory,
or that otherwise violates City policy or order of the Director of the Meridian Parks and
Recreation Department.
D. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's
name for purposes of advertising, marketing, and public information, without violation of
City's rights of privacy or any other rights City may possess under this Agreement,
provided that Sponsor shall not use City's logo for any purpose without the express,
written permission of the Mayor's Executive Assistant.
11. RIGHT'S AND RESPONSIBILITIES OF CITY
A. Promotion. With regard to Cable ONE Movie Night in Meridian, City shall undertake
the following promotional and advertising efforts:
1. Advertisement in the Meridian Parks & Recreation Spring/Summer Activity Guide,
newspaper, radio, e-mail messaging, and online social media.
2. Sponsor's logo and a Iink to Sponsor's website shall be displayed on the page on the
City's webpage listing the Cable ONE Movie Night in Meridian schedule.
3. Sponsor's logo and a link to Sponsor's website shall be displayed on the page on the
City's webpage listing the most recently available Cable ONE Movie Night in
Meridian schedule throughout the term of this Agreement.
4. Sponsor's logo and a link to Sponsor's website shall be posted on the City of
Meridian Parks and Recreation Department page on Facebook.
5. Sponsor's logo shall be posted at the top of Cable ONE Movie Night in Meridian
flyers and literature.
MOv1E NIGHT TrI,LE SPONSORSHIP AGREEMENT PAGE 2 of 7
B. Used screen. In accordance with the terms of the RFP, City shall provide to Sponsor,
and Sponsor shall take possession and ownership of, City's used inflatable movie screen.
III. GENERAL PROVISIONS
A. Term. The term of this license shall be from the Effective Date through September 1,
2016, unless earlier terminated by either party by the method established herein.
B. Cancellation; scheduling. The parties acknowledge that each Cable ONE Movie Night
in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie
showings during June, July, and August, but cancellation may be necessary due to
weather or other conditions or circumstances. City shall have sole responsibility and
discretion in scheduling and/or cancelling Cable ONE Movie Night in Meridian and all
movies and activities related thereto, including any and all related activities by Sponsor.
The parties hereto expressly acknowledge that Settlers Park is a public space, the
management and scheduling of which shall at all times be within the sole purview of
City. Any right or privilege granted to Sponsor by this Agreement shall include neither
the right to exclude any law-abiding person from Cable ONE Movie Night in Meridian,
nor the right to interfere with any person's concurrent, lawful use of Settlers Park where
such concurrent use does not conflict or interfere with Sponsor's use.
C. Release. In consideration of City's provision of its used inflatable movie screen to
Sponsor, Sponsor hereby releases City from liability for any and all rights, causes of
action, claims, lawsuits, damages of any nature, both known and unknown, both now and
in the future, that arose, may arise and/or are related in any way to City's used inflatable
movie screen. This provision discharges City from any and all claims and Iawsuits
whatsoever that Sponsor has brought, could have brought, or could bring against City in
the future. Sponsor fully understands and agrees that this Agreement is a full, final and
complete release and discharge of any and all claims of any nature which it may have
against City as may relate to City's used inflatable movie screen, inclusive of any claims
or demands for attorney's fees and costs.
D. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss,
theft, or damage of any equipment or materials used by Sponsor in the furtherance of this
Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or
the furtherance of the obligations described herein. Any and all insurance of each party's
respective property and personnel shall be the sole responsibility of that party. Sponsor
shall obtain all necessary insurance as may be required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
E. Termination.
1. Termination for cause. if either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants,
agreements, and/or stipulations of this Agreement, engaged in any act of misconduct
in the performance of this Agreement; or if either Party willfully or negligently
MovjE N[GHTTITLF, SPONSORSHIP AGREEMENT PAGE 3 of 7
defaults in, or fails to fulfill, its material obligations under this Agreement, the other
Party shall have the right to terminate the Agreement by giving written notice to the
defaulting party of its intent to terminate, and shall specify the grounds for
termination. The defaulting party shall have thirty (30) days after receipt of such
notice to cure the default. If the default is not cured within such period, this
Agreement shall be terminated upon mailing of written notice of such termination by
the terminating party.
2. Termination without cause. Either party may terminate this Agreement for any
reason or without cause by providing to the other party three hundred sixty-five (365)
days' written notice.
3. No compensation upon termination. In the event of termination, whether for or
without cause, neither Party shall be entitled to compensation or damages for any
equipment or materials provided pursuant to this Agreement or obligations incurred
in furtherance of the rights conveyed by this Agreement. All equipment purchased by
City for Cable ONE Movie Night in Meridian or in furtherance of this Agreement,
including the Open Air Cinema thirty-foot Open Air Elite Screen Package and any
and all products and equipment purchased by City under or related to this Agreement,
shall remain the property of City. All finished and unfinished video footage, audio
recordings, artwork, written materials, and/or any and all other work products
prepared and submitted or prepared for submission under this Agreement shall remain
the property of Sponsor. Notwithstanding this provision, neither party shall be
relieved of any liability for damages sustained by the other attributable to a breach of
this Agreement.
F. Video production.
1. Approval by City. City, in its sole discretion, may edit, reduce, cancel, or reject, at
any time, any audio, video, or written material submitted, used, or created by
Sponsor. Any pre -approval by City shall not be considered a waiver of the right to
revoke or edit any such material during the term of this Agreement.
2. Indemnity. Sponsor warrants and represents that, as to all content of the video pieces
created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to,
indemnify, defend and hold harmless City from all claims, suits, judgments,
proceedings, losses, damages, costs, and expenses, of any nature whatsoever,
including attorneys' fees, for which the City may become liable by reason of City's
displaying of Sponsor's audio or video copy, artwork, or other content, including but
not limited to claims for libel, violation of privacy, plagiarism, or copyright
violations.
G. Relationship of Parties. It is the express intention of Parties that Sponsor is an
independent contractor and not an employee, agent, joint venturer, or partner of City.
Nothing in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Sponsor and City or between Sponsor
and any official, agent, or employee of City. Both parties acknowledge that Sponsor is
not an employee of City. Sponsor shall retain the right to perform services for others
MOVIE NIGHTTITLE SPONSORSHIP AGREEMENT PAGE 4 of 7
during the term of this Agreement. Sponsor shall have no authority or responsibility to
exercise any rights or power vested in City. The selection and designation of the
personnel of City in the performance of this agreement shall be made by City.
H. Indemnification. Sponsor specifically indemnifies City and holds City harmless from
any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to
Sponsor's personal property or equipment, and to Sponsor's employees, agents, or
volunteers arising out of or resulting from the condition of City's real or personal
property or any lack of maintenance or repair thereon, and not caused by or arising out of
the tortious conduct of City or its employees. Sponsor further agrees to indemnify and
hold City harmless from any loss, liability, claim or action from damages or injuries to
persons or property in any way arising out of or resulting from the use of City's real or
personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees
and not caused by or arising out of the tortious conduct of City or its employees or
volunteers.
I. 'Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Sponsor's
performance of this Agreement, whether such loss or damage may be attributable to
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
J. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
K. Time of the essence. Sponsor acknowledges that services provided under this
Agreement shall be performed in a timely manner. The Parties acknowledge and agree
that time is strictly of the essence with respect to this Agreement, and that the failure to
timely perform any of the obligations hereunder shall constitute a breach of, and a default
under, this Agreement by the party so failing to perform.
L. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply
with any and all applicable federal, state, and local laws.
M. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin,
sexual orientation or any physical, mental, or sensory handicap.
N. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, whether previous
to the execution hereof or contemporaneous herewith. The terms of this Agreement may
not be enlarged, modified or altered except upon written agreement signed by both parties
hereto.
O. Costs and attorneys' fees. If either party brings any action or proceedings to enforce,
protect or establish any right or remedy under the terms and conditions of this
MOVIE NIGHT TITLE SPONSORSHIP AGREEMENT PAGE 5 of 7
Agreement, the prevailing party shall be entitled to recover reasonable costs and
attorneys' fees, as determined by a court of competent jurisdiction, in addition to any
other relief awarded.
P. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
Q. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
R. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
S. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor
cease to exist in its current form, this Agreement and all rights granted to Sponsor
hereunder shall be void.
T. Notice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed
communicated upon mailing by United States Mail, addressed as follows:
Sponsor:
Cable ONE
Peggy Bates
2101 E. Marcher Road
Nampa, Idaho 83687
City
City of Meridian
Attn: Colin Moss
33 E. Broadway Ave.
Meridian, Idaho 83642
Either party may change its address for the purpose of this paragraph by giving written
notice of such change in the manner herein provided.
U. Entire agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements, leases, or understandings, oral or written,
whether previous to the execution hereof or contemporaneous herewith.
V. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part
of hereof as if the exhibits were set forth in their entirety herein.
W. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set
forth herein, and to accept the liabilities as established herein on behalf of Sponsor.
MOVIE NIGHT TITLE SPONSORSHIP AGREEMENT PAGE 6 of 7
X. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
V�IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day of April, 2012.
1,'11► ",
Joh osch, Vice President — West Division
CITY OF MERIDIAN:
Mayor %-11 Yt "'off olman, City Clerk
SEAL
MOVIE NIGHT TITLE SPONSORSHIP AGREEMENT PAGE 7 of 7
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PURCHASING DEPARTMENT
33 East Broadway Ave., Ste 106
Meridian, ID 83642
Phone: (208) 489-0416
Fax_ (208) 887-4813
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2012-2016 MOVIE NIGHT IN MERIDIAN TITLE SPONSORSHIP
PROPOSALS MUST BE RECEIVEDPRIOR TO ,OP
Febrljary 9.2012
DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT
33 EAST BROADWAY AVENUE, STE 106
MERIDIAN, ID 83642
NAME AND
Prepared by: KEITH WATTS
SUBMITTING PROPOSAL
NAME: Cable ONE ADDRESS:. 2101 E. Karcher Road
DATE: February 15 2012 Nampa, ID 83687
CITY OF MERIDIAN
Meridian, Idaho 83642
PROJECT # PKS-12-10130A
PART PAGE
Cover Sheet/Table of Contents.................................................2
1. Notice Calling for Proposals.......................................................3
II. Instructions to Proposal's..........................................................8
Ill. Proposal Documents...............................................................12
A. Proposal Form
B. Respondents Experience Statement
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PART 1
11,
The City of Meridian is soliciting proposals from respondents to be the Title
Sponsor of the Movie Night in Meridian program.
Contained within the Specifications / Scope of Work "Attachment A" are specific
objectives which will be required of the awarded respondent. The City of
Meridian shall retain the ability to revise this scope as necessary.
PRESENTATIONS
Those respondents which are determined to be best qualified to undertake the
services required under this Request for Proposals may be invited to make a
presentation to the City. Further information may be provided to the prospective
respondents after the initial selection.
SUBMITTAL REQUIREMENTS
One (1) original and one (1) copy of the respondents sealed proposal will be
received by the City on February 9, 2012 until 4:00 p.m., MT at the office of the
Purchasing Agent, City of Meridian, 33 East Broadway Avenue, Ste. 106,
Meridian, Idaho 83642,
The Proposal must contain, but is not limited to the following information:
1. Completed proposal form submitted on PART III - A PROPOSAL FORM.
2. A summary of the respondents experience with projects similar to the
types of work stated In this Request for Proposals, submitted on
PART III - S, RESPONDENT'S EXPERIENCE STATEMENT.
3. Total proposed cost of respondent's services in response to and in
compliance of this Request for Proposal's shall be detailed and are to
include all labor, material, travel, related expenses, equipment, etc.
4. Any additional Information which the respondent deems appropriate.
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- 1=8 l r
Mistakes must be corrected and the correction inserted; correction must be initialed in
ink by the person signing the Proposal.
Alternate Proposals will not be considered unless otherwise stipulated.
If required, before award or execution of the contract by the City, the Contractor shall
file with the City a surety bond satisfactory to the City in the amounts and for the
purpose noted. Bonds shall be duly executed by a responsible corporate surety,
authorized to issue such bonds in Idaho and secured thorough an authorized agent with
an office in Idaho. Contractor shall pay all bond premiums, costs and Incidentals.
The City reserves the right to waive any informalities or minor Irregularities in
connection with the Proposals received.
All provisions of the City code are applicable to any Proposal submitted or contract
awarded pursuant thereto.
If equipment is proposed, it is to be new and latest model In current production. Used,
remanufactured, shopworn, demonstrator, prototype or discontinued models are not
acceptable unless otherwise stipulated.
Within thirty (30) days after the Proposal opening, a contract may be awarded by the
City to the lowest responsive and responsible Proposer, subject to the right of the City
to reject all Proposals, as it may deem proper in its absolute discretion. The time for
awarding a contract may be extended at the sole discretion of the City If required to
evaluate Proposals or for such other purposes as the City may determine, unless the
Proposer objects to such extension in writing with his Proposal.
The City of Meridian does not discriminate on the basis of race, religion, sex, national
origin, marital status, age, physical handicap, ownership by women or minorities or
sexual orientation.
The Proposal's shall carefully examine the specifications, and satisfy themselves
as to their sufficiency, and shall not at any time after submission of the Proposal,
dispute such specifications and the directions explaining or interpreting them.
BUSINESS OR ORGANIZATION EXCL1ISIOiVS
Sponsors whose primary focus or message is or includes the sale or promotion of
alcohol or tobacco products or products of a primarily sexual nature shall not be
selected to sponsor Movie Night in Meridian.
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Any sponsor which promotes or endorses any of the following content shall not be
selected to sponsor Movie Night in Meridian:
1. Profane, obscene, indecent, violent, or pornographic content and/or
language;
2. Content that promotes, fosters or perpetuates discrimination on the basis of
race, creed, color, age, religion, gender, sexual orientation, or national
origin;
3. Defamatory or personal attacks;
4. Threats to any person or organization;
5. Content that promotes, fosters or perpetuates conduct in violation of any
federal, state or local law;
6. Content that encourages or incites illegal activity;
7. Information that may tend to compromise the safety or security of the public
or public systems;
8. Content that violates a known legal ownership interest, such as a copyright,
of any party; or
9. Any content that contains or perpetuates a message that the Director of the
Parks & Recreation Department deems to be Inappropriate and not in the
best interest of the City of Meridian.
AWARD
The City of Meridian reserves the right to make an award on any item, group of
items in the aggregate to that/those highest ranked responsive and responsible
contractors (s) whose Proposal (s) istare most responsive to the needs of the City.
E10ALUATIO fIMpection)
Equipment and goods will be inspected before acceptance by an authorized
representative of the City of Meridian for workmanship, appearance, proper
functioning of all equipment and systems, and conformance to all other
requirements of the specifications. If deficiencies are found, it shall be the
responsibility of the contractor to pick up the equipmentigoods and replace for
reinspection and acceptance. Payment will not be made until corrective action has
been made.
QUANTITIES (Additions)
The quantity specified is based upon current known requirements and is subject to
increase if mutually agreeable to both parties within 365 days of contract award.
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Said increase will be governed by the same terms and conditions of this Invitation
for Proposal
WARRANTY / GUARANTEE
Contractor delivering equipment / goods against this specification shall guarantee
that the equipment / goods meet the minimum requirements se forth herein. If it is
found that the equipment J goods delivered do not meet the minimum requirements
of this specification, the Contractor will be required to correct the same at the
Contractor's expense.
BRAND NAME
Brand names and numbers, when used, are for reference to indicate the character
and quality desired. Contractors may offer comparable "EQUAL" products unless
expressly prohibited herein. If necessary, the burden of proof and cost on analysis
to determine equality shall be that of the Contractor. If proposing an "EQUAL",
please state name of manufacturer, model, and part number, if applicable, and
enclose descriptive literature.
PURCHASE AGREEMENT DOCUMENTS
A copy of the Notice Inviting Proposals, General Conditions and Instructions to
Proposal's, Special Conditions, Additional Terms and Conditions, Specifications,
Pians and / or Drawings, Proposal's Submittal, and any other related documents
will remain on file in the office of the City Purchasing Agent. It Is understood that
these documents will form the basis of the purchase agreement upon award of the
contract. All materials or services supplied by the Contractor shall be in
conformance with all the specifications contained herein and shall be in compliance
with any applicable Local, State, and Federal Laws and regulations.
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CITY S REPRESENTATIVES
Purchasing Representative
Keith Watts, Purchasing Agent
33 East Broadway
Meridian, IO 83642
(208)688-4433
Fax (208) 887-4813
kwatts@merid1ancfty.or
Technical RepresonteMve
Colin Moss
33 East Broadway
Meridian, 10 83642
208-888-3579
Fax (208) 898-5501
cmoss@meridiancityo g
Any and all explanations desired by a respondent regarding tate meaning or
Interpretation of this Request for Proposals or any part thereof must be requested
In writing and directed to the person named as the Purchasing Representative
and in accordance with section 1 "EXPLANATIONS TO RESPONDENTS",
Violation(s) may be caused for rejection of the proposal.
Dated: 1/31//
7/
CITY
3+ /
CITY OF (MERIDIAN
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PART II
..-M6,771*411
• -I f9j;4•s i
There are eighteen (18) total pages In this Request for Proposals. It is the
respondent's responsibility to ensure that all pages are included. If any pages
are missing, immediately request a copy of the missing page (s) by e -mailing
your request to Keith Waits, Purchasing Agent at Lwatls@meridiancily.org ,
RFP Project PKS-12-10130A.
Any explanation desired by a respondent regarding the meaning or interpretation
of the Request for Proposals, or any part thereof, must be requested in writing(
via fax or e-mail) and with sufficient time allowed for a reply to reach respondent
before the submission of their proposal Any Request of a technical nature
should be sent to BOTH the Purchasing Representative and Technical
Representative. Any interpretation made will be In the form of an addendum to
the Request for Proposals, Issued by the Purchasing Agent, and will be furnished
to all prospective respondents of record. Oral explanations or instructions given
before proposal opening will not be binding.
2. CONDITIONS AFFECTING THE WORK
Before submitting a proposal, each respondent must (1) examine the
Request for Proposals documents thoroughly, (2) visit the site to familiarize
himself/herself with local conditions that may, in any manner, affect cost,
progress or performance of the work, (3) familiarize himselflherself with
Federal, State and Local laws, ordinances, rules and regulations that may, in any
manner, affect cost, progress or performance of the work; and (4) study and
carefully correlate respondent's observations with the Request for Proposal's.
Failure to do so will not relieve respondent from responsibility for estimating
properly the difficulty or cost of successfully performing the work. The City will
assume no responsibility for any understanding or representations concerning
conditions made by any of it`s officers or agents prior to the execution of the
contract, unless included In the Request for Proposal's, or any addendum.
Interested firms shall submit one (1) original and 1 (one) copy of their response In
Accordance with this Request for Proposals and must be sealed and addressed
as directed below. Failure to do so may result in a premature opening of, or a
failure to open, such proposals. Such premature or late opening, or failure to
open, may result in disquailification of the proposal. The outside of the envelope
must bear the notation:
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PROJECT # PKS-1210130A
2012 — 2016 Movie Night Title Sponsorship
FEBRUARY 9, 2012 4:00 P.M.
The envelope must be addressed and delivered to, City of Meridian, Purchasing Department, 33
East Broadway Avenue, Ste.106, Meridian, Idaho 83642.
Proposals and modifications thereof received after the exact time of closing of
proposals which is 4:00 p.m. MT, FEBRUARY 9, 2012 will not be considered.
Unless otherwise specified, proposals may be withdrawn by written request
received from respondent prior to the time set for closing of proposals.
To receive consideration, the proposal must comply with the following additional
requirements:
a. The proposal and all other documents or material submitted will be
deemed to constitute part of the proposal.
b. Proposals must be valid for a period of sixty (64) calendar days from the
date of opening.
7. INTENT OF THE CITY
The objective of this Request for Proposals is to provide sufficient information to
enable qualified respondents to submit written proposals, This Request for
Proposals is not a contractual offer or commitment to purchase services.
Contents of this Request for Proposals and respondent's proposal will be used
for establishment of final contractual obligation. It is to be understood that this
Request for Proposals and the respondents proposal may be attached or
included by reference in an agreement between the City and successful
respondent.
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S. BASIS FOR SELECTION
This Request for Proposals will be evaluated utilizing the criteria listed below.
History from the current and previous projects and customers of the respondent
may be used to evaluate some of the criteria.
a. Proposed financial considerations - 50 points
b. References and experience in providing video production services - 50
points.
The City reserves the right to reject any or all proposals, to make an award on the basis
of suitability to purpose or superior quality, to accept other than lowest proposal or any
other criteria the City believes to be in the best interest of the City.
After the City has identified the proposal with the best value for the City, the City shall
have the right to negotiate with the respondent over the final terms and conditions of the
contract. These negotiations may include bargaining. The primary objective of the
negotiations is to maximize the City's ability to obtain best value, based on the
requirement and the evaluation factors set forth in the Request for Proposals. If an
agreement cannot be reached, the negotiation will be terminated and similar
negotiations will occur with the second ranked firm.
9. REQUIRED INSURANCE
a. Joint and Several Liability, Agency- If Sponsor utilizes an agency, Sponsor
and Agency shall be jointly and severally liable for complying with all the
terms of this Agreement, including payment for all advertising. Sponsor shall
be responsible for any fee or commission payable to Agency; City will not be
responsible for payment of any fee or commission to any Agency involved in
the execution of this Agreement.
b. indemnification- Sponsor agrees to indemnify, defend and hold harmless
the City from all claims (whether valid or invalid), suits, judgments,
proceedings, losses, damages, costs and expenses, of any nature
whatsoever (including attorneys' fees) for which the City or any of its affiliates
may become liable by reason of City's displaying of Sponsor's copy or
artwork, ' including but not limited to claims for libel, violation of privacy,
plagiarism, or copyright violations.
10. PUBLIC RECORDS
The City of Meridian is a public agency. All documents in its possession are public
records. Proposals are public records and, except as noted below, will be available for
inspection and copying by any person. If any Proposer claims any material to be
exempt from disclosure under the Idaho Public Records Law, the Proposer will
expressly agree to defend, indemnify and hold hanniess the City from any claim or suit
arising from the City's refusal to disclose any such material. No such claim of
exemption will be valid or effective without such express agreement. The City will take
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reasonable efforts to protect any information marked °confidential" by the Proposer, to
the extent permitted by the Idaho Public Records Law. Confidential information must be
submitted in a separate envelope, sealed and marked "Confidential Information" and will
be returned to the Proposer upon request after the award of the contract, it is
understood, however, that the City will have no liability for disclosure of such
Information. Any proprietary or otherwise sensitive information contained in or with any
Proposal is subject to potential disclosure.
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PART III
In response to the Request for Proposals, the undersigned respondent hereby proposes
to furnish labor, material, travel, professional services, permits, supervision, equipment
and equipment rental and all related expenses, and to perform all work necessary and
required to complete the following project in strict accordance with the terms of this
Request for Proposals and the final contract for the prices specified by the respondent
for:
PROJECT # PKS-12.10130A
2012 W 2016 MOVIE NIGHT TITLE SPONSORSHIP
Respondent certifies that he/she has examined and is fully familiar with all of the
Provision of the Request for proposals and any addendum thereto; that he/she is
submitting a proposal in strict accordance with the Instructions to Respondents; and that
he/she has carefully reviewed the accuracy of all attachments to this proposal.
Respondent certifies that he/she has examined the proposal documents thoroughly,
studied and carefully correlated respondent's observations with the proposal
documents, and all other matters which can in any way affect the work or the cost
thereof.
Respondent agrees that this proposal constitutes a firm offer to the City which cannot
be withdrawn by the respondent for sixty (60) calendar days from the date of actual
opening of proposals. if awarded the contract, respondent agrees to execute and
deliver to the City within seven (i) calendar days after receipt of City's Conditional
Notice of Award, the applicable Contract form, Insurance certificates and bonds (if
required).
Attached is the Respondent's Experience Statement (Part III, B) which has been
completed by respondent and made a part of this proposal.
Respondent also acknowledges receipt of the following addendum to the Request for
Proposals which addendum have been considered by respondent In submitting this
Proposal (if none, state "NONE");
2��/%
Addendum No, 1
Addendum No. 2 00 M C
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Business/Organization Information
Business/Organization Name: Cable ONE
Primary Contact Person: Peggy Bates
Address: -21 01 E. Karcher Road
City: Nampa State: I D Zip: 83687
Work Phone: 208-455-5577 Cell Phone: 208-577.7281
E -Mail:_ eggy.bates 6cableone.b1z _ Fax: 208-455-1797
Note: If respondent is a corporation, give State of incorporation; if a partnership or joint
venture, give full names of all partners or joint venturers.
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The undersigned declares: that he/she holds the position Indicating below as a
corporate. Officer or the owner or a partner in the business entity submitting this
Proposal; that the undersigned is informed of all relevant facts surrounding the
preparation and submission of this Proposal, that the undersigned knows and
represents and warrants to the City of Meridian that this Proposal is prepared and
submitted without collusion with any other person, business entity, or corporation with
any interest in this Proposal.
1 declare under penalty of perju ry that the foregoing is true and correct.
BUSINESS/ORG IZATI N NA E: Cable C
BY: 2�
TITL : VP, Weseiivision
ADDRESS: 1314 N. Third St., Phoenix, AZ 85004
EMAIL: iohn.gosch @cableone.biz
DATE: 2/15/12
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PART ill
PROPOSAL DOCUMENTS
B -RESPONDENT'S EXPERIENCE STATEMENT
The respondent submits as a part of its proposal, the following information as to it's
experience and qualifications:
a. The respondent has been engaged in this business under its present business
name for ears.
b. Experience in wont of a nature similar in type and magnitude to that set forth in
the request for proposal extends over a period of 18 years.
Please answer the following questions with as much detail as possible.
1. State below your proposed financial consideration to enter into an agreement
with the City of Meridian with the terms as outlined in "Attachment A". This can
be an amount paid by you to the City, an amount paid by the City to you, or zero.
A proposal of some dollar amount paid by you to the City means you would
agree to provide the above terms (new movie screen and video production
services) plus the proposed dollar amount in exchange for the sponsorship
package and trade-in screen. A proposal of some dollar amount paid by the City
to you means you would agree to provide the above terms in exchange for the
sponsorship package, the trade-in screen, and the proposed dollar amount. A
proposal of zero means you would agree to all the above terns as -is.
zero
2. Please describe your experience in providing video production services. Attach
additional pages if needed.
Cable ONE has been the title sponsor of Movie Night in Meridian for the bast 5
Years, successfully providing video production services for the event Cable ONE
offers complete video production services in both standard and high definition. See
attached for more information on the production staff, a ui ment and services.
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3. Please list any references who can attest to your quality of video production
services or please provide examples.
Colin Moss, Recreation Coordinator, Meridian Parks and Recreation, cmoss@merldiancity.org. 888-2579
Eric Trapp —President, Idaho Steelheads Hockey 383-0080. (Client for 16 years.)
Noah Bard —Video Coordinator, Production Services International 388-8400. (Client for 10 years.)
David Anes — Video Coordinator, College of Western Idaho 919-0364. (New client with multiple projects.)
4. Please include any additional information you would like to be considered in the
RFP awarding process.
Cable ONE has been the title sponsor for Movie Night in Meridian for the past 5 years. We have
enjoyed a successful working relationship with the Parks and Recreation department in
providing the video production for the Movie Night. We understand the workings of the event
and will continue to make the production elements as seamless as possible forthe City staff.
As the Movie Night grew in popularity, the successful partnership between Cable ONE and the
City of Meridian was nurtured and has developed throughout the 5 year run.
Cable ONE would like to continue this relationship and assist the City of Meridian in making the
Movie Night an even greater success.
I certify that the above information is true and correct to the best of my knowledge.
Signed this 15 day of February 2012 at Phoenix, AZ
(date) (month) (year) (city, state)
NAME OF RESPONDENT:
hohn Gosch - VP. West Division
- (title)
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ATTACHMENT A
SPECIFICATIONS / SCOPE
Scope of Work
Meridian Parks and Recreation Is seeking a business or organization to be the Title
Sponsor of the Movie Night In Meridian program for the next five (5) years. Movie
Night in Meridian is an outdoor movie series that was started by the Meridian Parks
and Recreation Department in 2007. All movies are family -friendly and are shown
every Friday evening in June, July and August at Settlers Park. In 2011, the
average estimated attendance was approximately 1,500 people per show with the
largest crowds reaching an estimated 2,500 people. For more Information about
Movie Night In Meridian, visit om-meridiancLty.ora/movienicihi.
CITY RESPONSIBILITIES
Sponsorship Package Provided by Meridian Parks and Recreation to Successful
Proposer
Recognition as Movie Night in Meridian's title sponsor for the next five (5) full
seasons (2012-2016) by having the series title renamed to include your business
name, which will be used in all promotional efforts, positioned as: "<Your
Business Name Here> Movie Night in Meridian".
A Advertising efforts will Include the Meridian Parks and Recreation
Spring/Summer Activity Guide (over 25,000 copies distributed through direct mail
and the Idaho Statesman), newspaper, radio, e-mail, social media and others.
Each season will include twelve to fourteen (12-14) scheduled shows during the
summer months of June, July, and August. Weather related cancellations may
decrease the number of shows that actually take place. The opportunity to Insert
one (1) thirty second advertisement into the pre -movie video at each show during
your seasons.
The opportunity to set up a promotional booth at each show during your seasons.
® The opportunity to hang one (1) banner on the movie screen and up to two (2)
banners no wider than six (6) feet each around the seating area. Banners
around seating area must be free-standing. There will be no fences, trees,
buildings, etc around the seating area to hang your banner on.
® Your logo linked to your website on the Carty of Meridian website above the movie
schedule on the Movie Night in Meridian page.
® Your logo and a link to your website on every Movie Night in Meridian event
listing on the Meridian Parks and Recreation page on Facebook.
• Your logo at the top of the Movie Night in Meridian flyers that are distributed
throughout each season.
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The successful proposer will receive Meridian Parks and Recreation's used
movie screen.
o Open Air Cinema 25' Open Air Elite Screen —new retail price: $8,999
o Slower, ropes, stakes, and protective storage bag included
o www.oQenaircinema.us
o Screen was used for 56 Movie Night in Meridian Shows (over 5 years)
Items/Services to be Provided by Successful Proposer to Meridian Parks and
Recreation (Minimum Requirements)
Movie Screen
The successful Proposer will purchase and donate to Meridian Parks and Recreation or
provide the funds for Meridian Parks and Recreation to purchase the following new
inflatable movie screen:
• Open Air Cinema 30' Open Air Elite Screen Package - $10,999 plus tax and
shipping & handling
• www.o enaircinema.us
Video Production Services
The successful Proposer will work with Meridian Parks and Recreation at the beginning
Of every Movie Night In Meridian season to produce a short welcoming video that will
play before each movie.
The City of Meridian offers two additional sponsorship levels, Presenting Sponsor and
Single -Night Sponsor. These additional sponsors are guaranteed a 30 second
commercial before the movie.
In addition to producing a welcoming video at the beginning of each season, the
successful Proposer will be responsible for producing a DVD for each show which shall
include the welcoming video, their own 30 second commercial as guaranteed by the
sponsorship package above, and the 30 second commercials of the Presenting and
Singie-Night Sponsors. The Presenting and Single -Night Sponsors are responsible for
providing their commercials to the Title Sponsor.
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CableONE Advertising offers complete video production at affordable rates In standard and
high definition. A seasoned crew will bring out the best in your commercial message.
Our staff:
Kevin Fritz, Regional Production Manager has been with CableONE Advertising for 17 years and the
television production industry for 26 years.
Terry Moore, Creative Director has been with CableONE Advertising since 2005 and in the television
production industry for 24 years.
Ross Hosking, Producer has been with CableONE Advertising for 11 years and the television
production industry for 14 years.
Mark Mills, Producer has been with CableONE Advertising for 1 year and brings 13 years in broadcast
I production and 8 years of corporate video production experience to our team.
r
Our gear:
-FIELD PRODUCTION: Panasonic HD & SD cameras with tapeless digital P2 cards, filter kit, wide
angle lenses, Ard light kits, camera dolly,12'camera jib, field teleprompter and complete audio kit.
BetacamSP is also available.
-POST PRODUCTION: Two Final Cut Pro HD edit suites with volceover sound booth.
-STUDIO: Multi -camera studio with lighting grid and green screen capabilities,
-MOBILE PRODUCTION: Need a production truck for an upcoming event? We offer broadcast -quality
multi -camera production for television and corporate video producers. Our mobile production truck
comes with Sony cameras, digital instant replay machines, Chyron graphics, and an Echolab switcher.
Our clients include the Idaho Steelheads, High School Game of the Week, BSU and CWl graduations,
Snake River Stampede rodeo, Caldwell Night Rodeo, and various corporate events.
Our rates:
Commercial Production is $1001hour for shooting and editing (4 hour minimum):
Full production includes music, voiceover, graphics and a DVD of completed spot. Client meeting and
script writing are provided at no extra cost.
AGENCY: Shoot and edit time $125 per hour with air buy schedule.
LONG FORM: For longer video productions, we will provide a price quote based on your requirements.
Terms and Conditions:
Client will receive one DVD and ownership of the finished product. CableONE owns the raw footage
and will archive footage for one year after the production date unless other arrangements have been
made. E
Commercial production rates are based on clients who purchase air time. See Production
Manager for details.
Thank you and we hope you will consider CableONE Advertising for your production needs.
ADDENDUM NO.1
RFP #PKS-12-10130a
TO: ALL PROSPECTIVE PROPOSERS
Reference: 2012-2016 Movie Night Title Sponsorship
Subject: Project PKS-12-10130a- Addendum No. 1
PURCHASING MANAGER
33 East Broadway Ave.
Meridian, 10 83642
Phone: 208.888.4433 Fax: 208-887-4813
February 9, 2012
Prospective Proposers for the above mentioned Request for Proposal is hereby corrected and
amended as follows:
1. Due Date has been changed. New due date is February 16, 2012 at 4:00p.m.
2. THIS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL.
3. ALL OTHER TERMS AND CONDITIONS OF THE PROPOSAL REMAIN THE SAME.
Please note the corrections by signing below and call me if you have any questions.
Sincerely,
Keith Watts
Purchasing Manager
Cable ONE
Firm Name
February 15.2012
Date
Addendum No 1 Page 1 of 1