RFQ 2024-34 Cable Franchise.pdf

Revised 1/2024 Page 1

REQUEST FOR QUOTES (RFQ) #2024-34

Issue Date: April 23, 2024

Project Name: Cable Franchise Consulting Services Quote Due Date/Time: May 2, 2024, 2:00 PM PST Procurement Analyst: Thomas Candelario Email: tcandelario@clackamas.us

SUBMIT QUOTES VIA EQUITY HUB’S BID LOCKER LOCATED AT

https://bidlocker.us/a/clackamascounty/BidLocker.

PLEASE NOTE: EMAIL SUBMISSIONS WILL NOT BE ACCEPTED.

1. ANNOUNCEMENT AND SPECIAL INFORMATION

Quoters are required to read, understand, and comply with all information contained within this Request for Quotes (“RFQ”). All quotes are binding upon Quoter for sixty (60) days from the Quote Due Date/Time. Quotes received after the Quote Due Date/Time may not be considered. If authorized in the RFQ and resulting contract, travel and other expense reimbursement will only be reimbursed in accordance with the Clackamas County Travel Reimbursement Policy in effect at the time the expense is incurred. The Policy may be found at https://www.clackamas.us/finance/terms.html.

RFQ Documents can be downloaded from OregonBuys at the following address:

https://oregonbuys.gov/bso/ Document No. S- C01010-0000010189. Prospective Quoters will need to sign in to download the information and that information will be accumulated for a Plan Holder's List. Prospective Quoters are responsible for obtaining any addenda or clarifying questions from OregonBuys.

Submitting Quotes: Bid Locker Quotes will only be accepted electronically via a secure online submission service, Bid Locker. Email submissions to Clackamas County email addresses will no longer be accepted.

A. Completed quote documents must arrive electronically via Bid Locker located at https://bidlocker.us/a/clackamascounty/BidLocker.

B. Bid Locker will electronically document the date and time of all submissions. Completed documents must arrive by the deadline indicated above or as modified by Addendum. LATE

QUOTES WILL NOT BE ACCEPTED.

C. Quoters must register and create a profile for their business with Bid Locker in order to submit for this project. It is free to register for Bid Locker.

D. Quoters with further questions concerning Bid Locker may review the Vendor’s Guide located at https://www.clackamas.us/how-to-bid-on-county-projects .

All questions regarding this RFQ are to be directed to the Procurement Analyst named above. Quoters may not communicate with County employees or representatives about the RFQ during the procurement process until the Procurement office has notified Quoters of the selected Quoter.

Communication in violation of this restriction may result in rejection of a Quoter.

Procurement Division Public Services Building

2051 Kaen Road Oregon City, OR 97045

(503) 742-5444 (Office) mailto:tcandelario@clackamas.us https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/finance/terms.html https://oregonbuys.gov/bso/ https://bidlocker.us/a/clackamascounty/BidLocker https://www.clackamas.us/how-to-bid-on-county-projects

Revised 1/2024 Page 2

2. SCOPE

Clackamas County is seeking experienced consulting services to assist the county in renewing cable franchise agreements, providing support in soliciting and negotiating for new cable service franchise agreements, and provide government and public access services to residents living in unincorporated areas of the county. The selected vendor will work closely with the Public & Government Affairs Department (PGA), as well as with County Counsel (legal department), and must have experience working with municipal governments or comparable agencies on telecommunication issues as an independent consultant.

Background Statement:

PGA negotiates and manages four cable franchise agreements with three cable companies and provides public, educational and government (PEG) support to four PEG access centers/channels. To provide excellent customer service to all residents who subscribe to cable TV and view access channels, PGA is seeking consulting services to assist county staff with a broad range of services in the cable telecommunication field including franchise renewal agreements; cable company franchise compliance and performance and fee reviews; community needs assessments; cable rate regulations and policy; development of management plans for PEG access channels and operations, and PEG fee reviews; system technical reviews; and the County’s Institutional Network (I-NET) and the Clackamas Broadband Exchange (CBX).

The selected vendor will work closely with county staff to negotiate franchise agreements that align with the county’s core values of professionalism, excellent customer service, and integrity and that meet the telecommunication needs of residents living in unincorporated Clackamas County. The work will include, but is not limited to:

• Support and/or negotiate new cable television franchise agreements and franchise renewal agreements

• Research reports, documents, materials, and logs to assess compliance with franchise agreements; keep abreast of current cable regulatory policies

• Monitor and review PEG access centers/television needs and compliance (fees, capital and equipment needs, channel capacity, etc.)

• Perform system technical reviews, including analysis and testing, and safety inspections of physical site

• Review existing I-Net/CBX/wide area network related architecture, connections, current gaps and future needs

• Broadband related issues that relate to expansion, digital inclusion, and analysis

• Perform community needs assessment for all cable/broadband related issues

• Draft and finalize written reports as needed for tasks listed above

Experience/Qualifications:

• 10+ years of cable and telecommunications experience, including franchise negotiation

• Experience working with or for local governmental entities

• Providing “vendor neutral” consultations with local governments and local and national cable companies

• Expertise and/or experience with federal law pertaining to cable and telecommunications and its impact on local government

• Planning and policy development for cable, PEG access centers/television, telecommunications, and broadband services

Revised 1/2024 Page 3

3. SAMPLE CONTRACT

Submission of a Quote in response to this RFQ indicates Quoter’s willingness to enter into a contract containing substantially the same terms of the below referenced contract, which can be found at:

https://www.clackamas.us/finance/terms.html, with the below indicated requirements. No action or response to the sample contract is required under this RFQ. The applicable sample contract is the:

Personal Services Contract (unless checked, item does not apply) The following paragraphs of the Professional Services Contract will be applicable:

Article I, Paragraph 5 – Travel and Other Expense is Authorized Article II, Paragraph 28 – Confidentiality Article II, Paragraph 29 – Criminal Background Check Requirements Article II, Paragraph 30 – Key Persons Article II, Paragraph 31 – Cooperative Contracting Article II, Paragraph 32 – Federal Contracting Requirements Exhibit A – On-Call Provision

The following insurance requirements will be applicable:

Commercial General Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for Bodily Injury and Property Damage.

Professional Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence, with an annual aggregate limit of $2,000,000 for damages caused by error, omission or negligent acts.

Automobile Liability: combined single limit, or the equivalent, of not less than $1,000,000 per occurrence for Bodily Injury and Property Damage.

4. QUOTE

Quotes should be short and concise with the following information:

• Describe your experience providing cable franchise consulting services for local governments.

• Which government entities have you worked with in this capacity in the past five years?

• Provide a schedule of fees and compensation.

• How do you keep informed of the latest regulations and issues relating to cable franchise agreements, PEG access centers, and broadband technology?

5. EVALUATION

Quotes will be evaluated based on subjective factors including, but not limited to:

• Cost and value of services offered

• Qualifications and experience of vendor staff

• Approach, methodology and availability of vendor staff

• References https://www.clackamas.us/finance/terms.html

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QUOTE CERTIFICATION FORM

RFQ #2024-23

Submitted by: ____________________________________________________________________ (Must be entity’s full legal name)

Each Quoter must read, complete and submit a copy of this Clackamas County Certification with their Quote. Failure to do so may result in rejection of Quote. By signature on this Certification the undersigned certifies that they are authorized to act on behalf of the Quoter and that under penalty of perjury the undersigned will comply with the following:

SECTION I. OREGON TAX LAWS: As required in ORS 279B.110(2)(e), the undersigned hereby certifies that, to the best of the undersigned’s knowledge, the Quoter is not in violation of any Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means the tax laws of the state or a political subdivision of the state, including ORS

305.620 and ORS chapters 316, 317 and 318. If a contract is executed, this information will be reported to the Internal Revenue Service. Information not matching IRS records could subject Quoter to 24% backup withholding.

SECTION II. NON-DISCRIMINATION: That the Quoter has not and will not discriminate in its employment practices with regard to race, creed, age, religious affiliation, sex, disability, sexual orientation, gender identity, national origin, or any other protected class. Nor has Quoter or will Quoter discriminate against a subcontractor in the awarding of a subcontract because the subcontractor is a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a business that a service-disabled veteran owns or an emerging small business that is certified under ORS 200.055.

SECTION III. CONFLICT OF INTEREST

The undersigned hereby certifies that no elected official, officer, agent or employee of Clackamas County is personally interested, directly or indirectly, in any resulting contract from this RFQ, or the compensation to be paid under such contract, and that no representation, statements (oral or in writing), of the County, its elected officials, officers, agents, or employees had induced Quoter to submit this Quote. In addition, the undersigned hereby certifies that this proposal is made without connection with any person, firm, or corporation submitting a quote for the same material, and is in all respects fair and without collusion or fraud.

SECTION IV. COMPLIANCE WITH SOLICITATION: The undersigned further agrees and certifies that they:

1. Have read, understand and agree to be bound by and comply with all requirements, instructions, specifications, terms and conditions of the RFQ (including any attachments); and

2. Are an authorized representative of the Quoter, that the information provided is true and accurate, and that providing incorrect or incomplete information may be cause for rejection of the Quote or contract termination; and

3. Will furnish the designated item(s) and/or service(s) in accordance with the RFQ and Quote; and

4. Will use recyclable products to the maximum extend economically feasible in the performance of the contract work set forth in this RFQ.

Name:_______________________________________ Date:______________________________________

Signature:____________________________________ Title:______________________________________

Email:_______________________________________ Telephone:_________________________________

Oregon Business Registry Number:________________ OR CCB # (if applicable):________________________

Business Designation (check one):

Corporation Partnership Sole Proprietorship Non-Profit Limited Liability Company

Resident Quoter, as defined in ORS 279A.120 Non-Resident Quote. Resident State: ____________________

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CLACKAMAS COUNTY

INSTRUCTIONS TO QUOTERS

Quotes are subject to the applicable provisions and requirements of the Clackamas County Local Contract Review Board Rule C-047-0270 (Intermediate Procurements) and Oregon Revised Statutes.

QUOTE PREPARATION

1. QUOTE FORMAT: Quotes must be must be submitted as indicated in the RFQ.

2. CONFORMANCE TO RFQ REQUIREMENTS: Quotes must conform to the requirements of the RFQ. Unless otherwise specified, all items quoted are to be new, unused and not remanufactured in any way. Any requested attachments must be submitted with the quote and in the required format. Quote prices must be for the unit indicated on the quote. Failure to comply with all requirements may result in quote rejection.

3. ADDENDA: Only documents issued as addenda by Clackamas County serve to change the RFQ in any way. No other directions received by the Quoter, written or verbal, serve to change the RFQ document. NOTE: IF YOU HAVE RECEIVED A COPY OF THE RFQ, YOU SHOULD CONSULT OREGONBUYS (https://oregonbuys.gov/bso/view/login/login.xhtml) TO ENSURE

THAT YOU HAVE NOT MISSED ANY ADDENDA OR ANNOUNCEMENTS. QUOTERS

ARE NOT REQUIRED TO RETURN ADDENDUMS WITH THEIR QUOTE. HOWEVER,

QUOTERS ARE RESPONSIBLE TO MAKE THEMSELVES AWARE OF, OBTAIN AND

INCORPORATE ANY CHANGES MADE IN ANY ADDENDA ISSUED, AND TO

INCORPORATE ANY CHANGES MADE BY ADDENDUM INTO THEIR FINAL QUOTE.

FAILURE TO DO SO MAY, IN EFFECT, MAKE THE QUOTER'S QUOTE NON-

RESPONSIVE, WHICH MAY CAUSE THE QUOTE TO BE REJECTED.

4. USE of BRAND or TRADE NAMES: Any brand or trade names used by Clackamas County in the specifications are for the purpose of describing and establishing the standard of quality, performance and characteristics desired and are not intended to limit or restrict competition.

Quoters may submit quotes for substantially equivalent products to those designated unless the RFQ provides that a specific brand is necessary because of compatibility requirements, etc. All such brand substitutions shall be subject to approval by Clackamas County.

5. PRODUCT IDENTIFICATION: Quoters must clearly identify all products quoted. Brand name and model or number must be shown. Clackamas County reserves the right to reject any quote when the product information submitted with the quote is incomplete.

6. FOB DESTINATION: Unless specifically allowed in the RFQ, QUOTE PRICE MUST BE F.O.B. DESTINATION with all transportation and handling charges included in the Quote.

7. DELIVERY: Delivery time must be shown in number of calendar days after receipt of purchase order.

8. EXCEPTIONS: Any deviation from quote specifications, or the form of sample contract referenced in this RFQ, may result in quote rejection at County’s sole discretion.

9. SIGNATURE ON QUOTE: Quotes must be signed by an authorized representative of the Quoter. Signature on a quote certifies that the quote is made without connection with any person, firm or corporation making a quote for the same goods and/or services and is in all respects fair and without collusion or fraud. Signature on a quote also certifies that the Quoter has read and fully understands all quote specifications, and the sample contract referenced in this RFQ (including insurance requirements). No consideration will be given to any claim resulting from quoting without comprehending all requirements of the RFQ.

10. QUOTE MODIFICATION: Quotes, once submitted, may be modified in writing before the time and date set for quote closing. Any modifications should be signed by an authorized representative, and state that the new document supersedes or modifies the prior quote. Quoters may not modify quotes after quote closing time.

11. QUOTE WITHDRAWALS: Quotes may be withdrawn by request in writing signed by an authorized representative and received by Clackamas County prior to the Quote Due Date/Time.

Quotes may also be withdrawn in person before the Quote Due Date/Time upon presentation of appropriate identification.

12. QUOTE SUBMISSION: Quotes may be submitted by returning to Clackamas County Procurement Division in the location designated in the introduction of the RFQ; however, no oral https://oregonbuys.gov/bso/view/login/login.xhtml

Revised 1/2024 Page 6 or telephone quotes will be accepted. Envelopes, or e-mails containing Quotes should contain the RFQ Number and RFQ Title.

QUOTE EVALUATION AND AWARD

1. PRIOR ACCEPTANCE OF DEFECTIVE PROPOSALS: Due to limited resources, Clackamas County generally will not completely review or analyze quotes which fail to comply with the requirements of the RFQ or which clearly are not the best quotes, nor will Clackamas County generally investigate the references or qualifications of those who submit such quotes.

Therefore, neither the return of a quote, nor acknowledgment that the selection is complete shall operate as a representation by Clackamas County that an unsuccessful quote was complete, sufficient, or lawful in any respect.

2. DELIVERY: Significant delays in delivery may be considered in determining award if early delivery is required.

3. CASH DISCOUNTS: Cash discounts will not be considered for award purposes unless stated in the RFQ.

4. PAYMENT: Quotes which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.

5. INVESTIGATION OF REFERENCES: Clackamas County reserves the right to investigate references and or the past performance of any Quoter with respect to its successful performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, sub-contractors, and workers. Clackamas County may postpone the award or execution of the contract after the announcement of the apparent successful Quoter in order to complete its investigation. Clackamas County reserves the right to reject any quote or to reject all quotes at any time prior to Clackamas County's execution of a contract if it is determined to be in the best interest of Clackamas County to do so.

6. CLARIFICATION: Clackamas County reserves the right to seek clarification of each Quote, or to make an award without further discussion of Quotes received.

7. METHOD OF AWARD: Clackamas County reserves the right to make the award by item, groups of items or entire quote, whichever is in the best interest of Clackamas County.

8. QUOTE REJECTION: Clackamas County reserves the right to reject any and all quotes for any reason including, but not limited to, a Quoter’s failure to constitute as a responsible bidder under ORS 279B.110 and LCRB C047-640-1-c-F-iii.

9. QUOTE RESULTS: Quoters who submit a quote will be notified of the RFQ results. Awarded quote files are public records and available for review by submitting a public records request or by appointment.