HomeMy WebLinkAboutExhibitEttg of .filiami
ANNIE PEREZ, CPPO EMILIO T. GONZALEZ, PH.D.
Chief Procurement Officer City Manager
CITY OF MIAMI'S SUPPLEMENTAL AGREEMENT TO CONTRACT NO.
12067-585 BETWEEN THE CITY AND COUNTY OF DENVER, AND
VITAC, INC.
The City of Miami, a Florida municipal corporation ("City"), is accessing Contract No. TECHS
201843887-00 between the City and County of Denver, Colorado, ("Denver") and VITAC Corporation,
a Pennsylvania profit corporation authorized to conduct business within the State of Florida ("VITAC"),
made and entered effective as of September 1, 2018, attached hereto as Exhibit "A" and incorporated
herein by reference ("Contract"), for the provision of closed caption text to a variety of video products
produced by the City, including live meeting coverage, video programming, and video clips ("Services").
This is a Supplemental Agreement to the Contract, inclusive of applicable City legal requirements and
language for use by the City's Office of Communications ("Agreement"). The term of the Contract is
from September 1, 2018 to August 31, 2020, with three (3) optional one (1) year renewal periods.
Pursuant to this Agreement, the effective date of Contract access by the City is , 2020.
1) The word "Denver" shall be stricken and replaced hereby with the phrase/word "City of Miami" or
"City" throughout the Contract.
2) The phrase "City and County of Denver" shall be stricken and replaced hereby with the phrase/word
"City of Miami" or "City" throughout the Contract.
3) The phrase "City Council" shall be stricken and replaced hereby with the phrase/word "City
Commission" throughout the Contract.
4) VITAC's Responsibilities:
A. VITAC has agreed to furnish the Services as further described in the Contract's Exhibit A,
Statement of Work as attached.
B. VITAC shall provide Services to the City in an amount equal to the costs identified in the
Contract.
C. VITAC's responsibilities shall commence on the effective date of this Agreement.
5) Section 1 of the Agreement, titled "Services to be Performed" is hereby deleted in its entirety
and replaced with the following language:
Contractor, under the general direction of, and in coordination with the City's Director of
Communications or other designated personnel ("the Manager") agrees to perform the Services
described on attached Exhibit A (the "Statement of Work" or "SOW").
6) Section 4 of the Agreement, titled "Compensation and Payment", subsection A, titled "Fee"
is hereby deleted in its entirety and replaced with the following language:
The fee for the Services is described in the SOW ("the Fee"). The Fee shall be paid pursuant to
Sections 218.73, and 218.74, Florida Statutes.
7) Section 7 of the Agreement, titled "Examination of Records" is hereby deleted in its entirety
and replaced with the following language:
A. VITAC agrees to provide access to the City or to any of its duly authorized representatives,
to any books, documents, papers, and records of VITAC which are directly pertinent to this
Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City may,
at reasonable times, and for a period of up to three (3) years following the date of final
payment by the City to VITAC under this Agreement, audit and inspect, or cause to be audited
and inspected, those books, documents, papers, and records of VITAC which are related to
VITAC's performance under this Agreement. VITAC agrees to maintain all such books,
documents, papers, and records at its principal place of business in Miami -Dade County, or
its local office in Miami -Dade County or to otherwise make them available in Miami -Dade
County for a period of three (3) years thereafter final payment is made under this Agreement
and all other pending matters are closed. VITAC's failure to adhere to, or refusal to comply
with, this condition shall result in the immediate cancellation of this Agreement by the City.
B. The City may, at reasonable times during the term hereof, inspect VITAC's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the
goods or services required to be provided by VITAC under this Agreement conform to the
terms hereof. VITAC shall make available to the City all reasonable facilities and assistance
to facilitate the performance of tests or inspections by City representatives. All audits, tests
and inspections shall be subject to, and made in accordance with, the provisions of Sections
18-100, 18-101, and 18-102 of the Code of the City of Miami, Florida ("City Code"), which
Sections apply to this Agreement, as same may be amended or supplemented, from time to
time.
8) Section 9, of the Agreement, titled "Insurance", is hereby deleted in its entirety and replaced
with the following language:
VITAC shall provide and maintain in force at all times during the Agreement with the City, such
insurance, including Workers' Compensation and Employer's Liability Insurance,
Comprehensive General Liability Insurance, Automobile Liability Insurance and Errors and
Omissions Insurance to assure the protection contained in the foregoing indemnification
undertaken by VITAC.
A. Workers' Compensation subject to Statutory limits for the State of Florida with $100,000.00
Employers Liability.
B. Commercial General Liability Insurance with limits of no less than $1,000,000.00 per
occurrence, $2,000,000.00 policy aggregate, affording coverage for bodily injury, including
death, and property damage. The certificate of insurance shall insure exposures arising out
of premises and operations, products and completed operations, personal injury and
advertising liability, and include coverage for contingent and contractual exposures. This
Page 2
insurance shall include primary and non-contributory language and shall list the City as an
additional insured.
C. Business Auto Liability protecting against bodily injury and property damage arising out of
operation, maintenance or use of any auto, including owned, non -owned and hired
automobiles exposures, with limits of not less than $1,000,000.00 per accident. The City
shall appear listed as an additional insured on this coverage.
D. Professional Liability/Errors and Omissions Insurance with limits of liability provided by such
policy of no less than $1,000,000.00 per claim, with a $2,000,000.00 policy aggregate
including retro date coverage.
A Certificate of Insurance acceptable to the City shall be provided listing the above coverages and
providing thirty (30) days prior written notice to the City in the case of cancellation. The City shall
be named as an additional insured on all liabilities, except professional liability and workers'
compensation coverage. A copy of the certificate shall be mailed to the City's Risk Management
Department at the time VITAC executes this Agreement.
9) Section 11 of the Agreement, titled "Indemnification" is hereby deleted in its entirety and
replaced with the following language:
VITAC shall indemnify, hold and save harmless, and defend (at its own cost and expense), the
City, its officers, agents, directors, and/or employees, from all liabilities, damages, losses,
judgements, and costs, including, but not limited to, reasonable attorneys' fees, to the extent
caused by the negligence, recklessness, negligent act or omission, or intentional wrongful
misconduct of VITAC and persons employed or utilized by VITAC in the performance of this
Contract. VITAC shall further, hold the City, its officials and employees harmless, indemnify,
save, covenant not to sue, and defend (at its own cost), the City its officials and/or employees
against any civil actions, statutory or similar claims, injuries or damages arising or resulting from
the permitted Work. In the event that any action or proceeding is brought against the City by
reason of any such claim or demand, VITAC shall, upon written notice from the City, resist and
defend such action or proceeding by counsel satisfactory to the City. VITAC expressly
understands and agrees that any insurance protection required by this Contract or otherwise
provided by VITAC shall in no way limit the responsibility to indemnify, keep and save harmless
and defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate VITAC to defend, at its own expense, to and
through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for
such defense, at the City's option, any and all claims of liability and all suits and actions of every
name and description which may be brought against the City, whether performed by VITAC, or
persons employed or utilized by VITAC.
These duties will survive the cancellation or expiration of the Contract. This Section will be
interpreted under the laws of the State of Florida, including without limitation and interpretation,
which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as may be
applicable and as amended.
VITAC shall require all sub -contractor agreements to include a provision that each sub-
contractor will indemnify the City in substantially the same language as this Section. VITAC
agrees and recognizes that the City shall not be held liable or responsible for any claims which
Page 3
may result from any actions or omissions of VITAC in which the City participated either through
review or concurrence of VITAC's actions. In reviewing, approving or rejecting any submissions
by VITAC or other acts of VITAC, the City, in no way, assumes or shares any responsibility or
liability of VITAC or any sub -contractor under this Contract.
Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and
independent consideration for the granting of this Indemnification, the receipt and sufficiency of
which is voluntarily and knowingly acknowledged by VITAC.
10)Section 12 of the Agreement, titled "Colorado Governmental Immunity Act" is hereby deleted
in its entirety.
11)Section 13 of the Agreement titled "Taxes Charges and Penalties", is hereby deleted in its
entirety and replaced with the following language:
The City is exempt from any taxes imposed by the State and/or Federal Government.
12)Section 14 of the Agreement, titled "Assignment", is hereby deleted in its entirety and
replaced with the following language:
VITAC was selected for these Services due to their particular and unique experience in the
subject matter of this Agreement which Agreement is not freely assignable or transferable. This
Agreement shall not be assigned, sold, transferred, or otherwise sold, by VITAC, in whole or in
part, and VITAC shall not assign any part of its operations, without the prior written consent of
the City Manager, which may be denied, withheld or conditioned, in the City's sole discretion
through the City Manager. VITAC shall have no recourse from the City Manager's refusal to
approve this Assignment, other than to cancel the Agreement in the manner provided by Section
6 of the Agreement.
13)Section 19 of the Agreement, titled "Conflict of Interest", is hereby deleted in its entirety and
replaced with the following language:
Pursuant to City Code Section 2-611, as amended, regarding conflicts of interest, VITAC hereby
certifies to the City that no individual member of VITAC, no employee, and no subcontractors
under this Agreement or any immediate family member of any of the same is also a member of
any board, commission, or agency of the City. VITAC hereby represents and warrants to the City
that throughout the term of this Agreement, VITAC, its employees, and its subcontractors will
abide by this prohibition of the City Code.
14)Section 20 of the Agreement, titled "Notices", is hereby deleted in its entirety and replaced
with the following language:
All notices or other communications required under this Contract shall be in writing and shall be
given by hand -delivery of by registered or certified U.S. Mail, return receipt requested, addressed
to the other party at the address indicated herein or to such other address as a party may
designate by notice given as herein provided. Notice shall be deemed given on the day on which
personally delivered; or if by mail on the fifth day after being posted or the date of actual receipt,
whichever is earlier.
Page 4
TO THE CITY:
Emilio T. Gonzalez, Ph.D.
City Manager
3500 Pan American Drive
Miami, Florida 33133
Victoria Mendez
City Attorney
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130
Annie Perez, CPPO
Procurement Director
444 SW 2nd Avenue, 6th Floor
Miami, Florida 33130
Stephanie Severino
Director of Communications
444 SW 2nd Avenue, 9th Floor
Miami, Florida 33130
TO VITAC:
VITAC Corporation
8300 East Maplewood Avenue
Greenwood Village, Colorado 80111
Attn.: Joshua Poholt
15)Section 21 of the Agreement titled "Disputes" has been deleted in its entirety and replaced
with the following language:
VITAC understands and agrees that all disputes between VITAC and the City based upon an
alleged violation of the terms of this Agreement by the City shall be submitted to the City
Manager for his/her resolution, prior to VITAC being entitled to seek judicial relief in connection
therewith. In the event that the amount of compensation hereunder exceeds Twenty -Five
Thousand Dollars ($25,000.00), the City Manager's decision shall be approved or disapproved,
as applicable, by the City Commission, whose decision shall be final. VITAC shall not be entitled
to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has first received the
City Manager's written decision, approved or disapproved, as applicable, by the City
Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars
($25,000.00), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager
a detailed statement of the dispute, accompanied by all supporting documentation (one hundred
twenty (120) days if the City Manager's decision is subject to City Commission approval); or (iii)
the City has waived compliance with the procedure set forth in this section by a written instrument
clearly waiving compliance, signed by the City Manager. In no event may the amount of
compensation under this Section exceed the total compensation set forth in this Agreement.
The adherence to this Section is the condition precedent to the institution of any civil action by
the Contractor against the City.
Page 5
16)Section 22 of the Agreement titled "Governing Law_; Venue" has been deleted in its entirety
and replaced with the following language:
This Agreement with the City shall be governed by and construed under the laws of the State of
Florida regardless of choice or conflict of law principles. Venue in any proceedings between
VITAC and the City shall be in a court of competent jurisdiction located in Miami -Dade County,
Florida. In the event of a dispute, each party shall be responsible for payment of its own
attorneys' fees.
17)Section 24 of the Agreement titled "No Employment of Illegal Aliens to Perform Work Under
the Agreement" has been deleted in its entirety.
18)Section 25 of the Agreement, titled "Confidential Information; Open Records", is hereby
deleted in its entirety and replaced with the following language:
VITAC hereby agrees and understands that the public shall have access, at all reasonable times,
to all documents and information pertaining to the City, subject to the provisions of Chapter 119,
Florida Statutes, and any specific exemptions there from, and agrees to allow access by the City
and the public to all such documents subject to disclosure under applicable law. VITAC's failure
or refusal to comply with the provisions of this section shall result in the City's immediate
termination of this Agreement with VITAC.
Pursuant to the provisions of Section 119.0701, Florida Statutes, VITAC shall comply with the
Florida Public Records Laws, specifically VITAC shall:
1) Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service;
2) Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law;
3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized
by law;
4) Meet all requirements for retaining public records and transfer, at no cost, to the
City all public records in possession of VITAC upon termination of the
Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements; and,
5) Provide all records stored electronically to the City in a format compatible with
the information technology systems of the City.
The Inspection and Audit provisions set forth in Sections 18-101 and 18-102 of the City Code
are deemed as being incorporated by reference herein and additionally apply to this Agreement.
Should VITAC determine to dispute any public access provision required by Florida Statutes,
then VITAC shall do so at its own expense and at no cost to the City. IF VITAC HAS
QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,
TO VITAC'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT
PUBLICRECORDSMIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF
Page 6
THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FLOOR, MIAMI, FLORIDA 33130. VITAC
MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI
DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
19)Section 32 of the Agreement, titled "Force Majeure", is hereby deleted in its entirety and
replaced with the following language:
A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority,
fire, explosion, power failure, flood, storm, hurricane,_ sink hole, other natural disasters, epidemic,
riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the
event that either party is delayed in the performance of any act or obligation pursuant to or
required by the Agreement by reason of a Force Majeure Event, the time for required completion
of such act or obligation shall be extended by the number of days equal to the total number of
days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking
delay in performance shall give notice to the other party specifying the anticipated duration of
the delay, and if such delay shall extend beyond the duration specified in such notice, additional
notice shall be repeated no less than monthly so long as such delay due to a Force Majeure
Event continues. Any party seeking delay in performance due to a Force Majeure Event shall
use its best efforts to rectify any condition causing such delay and shall cooperate with the other
party to overcome any delay that has resulted.
20)Section 37, titled "Most Favored Nations", is hereby added with the following language:
VITAC shall not treat the City worse than any other similarly -situated government agency and,
in this regard, grants the City a "most favored nations clause" meaning the City shall be entitled
to receive and be governed by the most favorable terms and conditions that VITAC grants now
or in the future to a similarly situated government agency.
Page 7
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their
respective officials thereunto duly authorized.
"VITAC" "City"
VITAC Corporation, CITY OF MIAMI,
a Pennsylvania profit corporation a Florida municipal corporation
BY:
BY:
Emilio T. Gonzalez, Ph.D., City Manager
DATE: / � at /0' D,ZQ DATE:
ATTEST, / z� �/�� ATTEST:
Co oratee ecretary/Notary Public Todd Hannon, City Clerk
Corporate Seal/Notary Seal
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Joanne V. Thompson, Notary Public
Canonsburg Boro, Washington County
My Commission Expires March le, 2020
MEMBER, PENNSYLVANIA ASSOCIATION OP NOTARIES
APPROVED AS TO INSURANCE
REQUIREMENTS:
Ann -Marie Sharpe, Director
Risk Management
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
Victoria Mendez, City Attorney
Page 8
ACCESSING COMPETED CO-OP and GOVERNMENTAL CONTRACTS
CHECK LIST
CONTRACT NO.: TECHS 201843887-00
PROCUREMENT CONTRACTING OFFICER: Charles Johnson
DATE SUBMITTED: 6/14/2019
—TITLE: Video Closed Cpioning Services
Accessing Co-ops and Governmental Contracts Package
All Accessing of contacts must be reviewed and approved by the Department Director with signature below.
Procurement Documents — to be included in Approval Package
❑ Award Summary Form for Director or City Manager (if applicable)
• Agenda Item Summary Form (for Commission Approval — if applicable)
® Resolution (for Commission Approval — if applicable)
• Copy of this checklist signed by the Director
Co-op/Governmental Agency Documents — to be included in Approval Package
® Copy of Tally/Evaluation Results (score sheets, ranking or summary)
NI Copy of Contract's Advertisement & Distribution information
® Copy of Contract/Solicitation Being Accessed
® Copy of Award Sheet/Approval Documents
® Copy of Proposal/Bid
NOTES:
❑ APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws,
policies and procedures.
❑ NOT APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City
laws, policies and procedures.
Annie Perez, CPPO
Director, Department of Procurement
10/8/14
10924A Video Closed Captioning Services
Process summary memo
This memo describes the process applied for Request for Proposals 10924A Video
Closed Captioning Services.
A request for Proposals solicitation was posted on Rocky Mountain BidNet on April 5,
2018 and written inquiries were accepted until April 18th, with answers to inquiries
posted April 23rd, 2018. The proposal submission deadline was May 3, 2018 at 2:00
PM.
For evaluating this RFP, it was pre -determined to evaluative scores for the Technical
portion at 80% which includes evaluating responses to a total of 16 questions from
Section B10 of the RFP. The price portion of the evaluation was set at 20%.
A committee of four members were selected to conduct evaluations of proposals; 3 from
Media Services and 1 from Tech Services.
The solicitation produced 2 proposal responses. Both proposers were responsive.
Following receipt of signed Confidentiality and Nondisclosure forms, proposals were
distributed to each of the committee members electronically with review/ scoring
instructions. Committee members were instructed to independently review and score
proposals, provide comments (pro/con) supporting their scores appropriately, and send
completed scoresheets individually to the purchasing officer. Scores and comments
were compiled into a single master spreadsheet to review all information during the
committee meeting.
The committee, minus the TS representative, met on May 29, 2018 to discuss the
proposals. The TS member overbooked their schedule but agreed to abide by the
decision of the rest of the committee members. The committee members present at the
meeting, unanimously decided to award the contract to VITAC Corporation.
Respectfully submitted,
Brenda Hannu, Senior Buyer
Reviewers Reviewer2 Reviewer3 Reviewer4
VI TAC
Oueations(
B
Please describe your ornanization's experience providing the services
as detailed in the scope of work.
10
B.10.1
4
3
4
4
Sclviecs for live captioning, during the weekdays, are subject to the
number of meetings that the City identifies should be broadcast with
captioning for the public. These meetings usually are identified by a
set start time but the end lime is not guaranteed. Discuss your
approach to meetings that may go over the scheduled time slot.
12
B.10.2....
4
3
;
4
Discuss your approach to emergency requests. Is the vendor's
approach acceptable?
a
13.10.3
7
3
3
3
1'he City asks that all ofT-lino captioning be guaranteed to meet die
l'lty's satisfaction and that all production he recorded on broadcast
quality media. What quality control efforts will your company
perform or do 10 ensure that tads requirement Is met? Please
Identify the media That Is available for this service.
3
B.I0.4
4
4
}
4
Discuss your approach to scheduling conflicts. Note: The City
anticipates that the successtid contractor will make the City its
number one priority and that the assigned captioncr will he providing
services.
3
B.1(11
4
3
1
1
Discuss your approach to lengthy meeting coverage that may require
start' changes.
3
8.10.6
4
2
4
4
The City desires flexibility in the products that will he identified for
captioning and has identified a two-hour window. What Is an
acceptable tinsetrame to be nolilied of scheduling changes?
When or what time frame of notification would affect your rates?
6
B.10.7
3
_
1' 4 s?� as
4j;' rf=i.'!' '.T
'-):''`++r;
a.^
., .:,�. ?';.
;
3
In the Scope of Work the City stakes mention of a possible "light
timeline and quick turnaround" for ol'tline captioning. Please
provide thnel'rames for turn -around of online
captlmdng/requirements for online captioning.
3
B.10.8
1
1
4
3
1
B.10.9
3
3
Discuss your approach to loss of connectivity
Please provide an example of your 501 /10e level agreement. Is It
acceptable (would there be significant negotiation to be done by
the ('ilv)?
1
8.10. 10
4
4
3
3
The City desires captioning services provided in foreign languages.
'These include, but are not limited to, Spanish. What parameters do
you need for the City to have access to such service? This service
Is not to apply to tool time captioning.
5
B.10.1I
4
4
3
4
The successfi vendor is to provide the assigned captioner with a
check list of the assignments and other details. Please provide a
sample of your check list for the City to review I'or completeness.
5
B.10.12
4
3
4
3
At the end ofa job, the successful vendor is to provide a transcript of
the captioned program in a timely manner. Dow will your company
Inert This requirement? Please provide a sample of no more than
one page of how the transcript will appear.
1
B.10.13
4
3
4
4
The vendor was asked to detail their standard requirements fur
submitted documentation (i.e. agenda) prior to live captioning. Are
the acceptable?
5
B.10.14
4
The vendor was asked to provide an assessment of accuracy rases Inc
live captioning. Is the assessment reasonable?
8
B.10.1 5
4
4
1
1
The vendor was asked: "Describe your relationship between you and
your employees. Do you use contract employees or hire captioncrs
directly'! What is the benefit to the City regarding the method used to
obtain condoners?" flow do you assess (heir response?
5
B.10.16
4
,
4
4
:!
'iaSj
4
59
54.25
85%
N 68%
48
40
30
40
40
48
36
36
48
18
27
27
27
12
12
9
12
12
9
9
9
12
6
12
12
18
6
18
18
9
9
12
9
3
2
3
3
4
4
3
3
20
20
15
20
20
15
20
15
4
3
4
4
20
10
20
15
32
32
24
24
20
20
20
20
292 241
272
279
V2p
Reviewer3 Reviewer{ Reviewer3 Reviewer4
13
B.10.1
3
B.10.2_
13.10.3
13.10.4
13.10.5
2
13.10.6
4
3
1
13.10.7
3
2
B.10.8
3
3
2
B.10.9
3
4
3
B.10.10
3
2
B.10.1 I
4
B.10.12
3
3
B.10.11
13,10.14
8.10.15
B I 1
3
3
rio Le.�.
4
4
3
3
2
7
45 44 44 39
271 43
85% 67%
67.75%
N 54%
20
30
20
30
36
36
48
36
27
18
27
18
6
3
6
9
9
9
9
9
6
9
9
9
18
18
18
12
6
9
9
6
3
3
4
2
2
3
3
2
10
10
10
10
20
15
15
15
3
3
3
2
15
15
5
10
32
24
24
24
20
15
10
10
233 220
219.25
69%
54.81%
220
204
Standard hourly rate 8AM-11:59PM
Total
Highest Savings Overall
PRICE % EARNED = LCO/EC
PRICE PERCENTAGE OF OVERALL
(20%)
PERCENTAGE EARNED OF OVERALL
VITAC VZP
S83.50 $85.00 1 yr contract
$30 VZP reach
$83.50
$83.50
100%
20.00%
20.00%
$115.00
$83.50
73 o
20.00%
14.52%
OVERALL VITAC VZP
TECHNICAL 80% 67.75% 54.81%
PRICING 20% 20.00% 14.52%
SUB TOTAL 87.75% 69.33%
Total 87.75% 69.33%
Questions:
Please descnbe your organization's experience providing the services as
detailed in the scope of work
Services for live captioning, during the weekdays, are subject to the
number of meetings that the City identifies should be broadcast with
captioning for the public. These meetings usually are identified by a set
start time but the end time is not guaranteed Discuss your approach
to meetings that may go over the scheduled time slot.
Discuss your approach to emergency requests. Is the vendor's
approach acceptable?
The City asks that all off-line captioning be guaranteed to meet the
City s satisfaction and that all production be recorded on broadcast
quality media. What gta0ty control efforts will your company
perform or do to ensure that this requirement is met? Please
identify the media that is available for this service.
Discuss your approach to scheduling conflicts. Note: The City
anticipates that the successful contractor will make the City its number
one priority and that the assigned captioner will be providing services.
Discuss your approach to lengthy meeting coverage that may require
staff changes.
The City desires flexibility in the products that will be identified for
captioning and has identified a two-hour window. What is an
acceptable timeframe to be notified of scheduling changes? When
or what time frame of notification would affect your rates?
In the Scope of Work the City makes mention of a possible "tight
timeline and quick turnaround" for online captioning. Please provide
timeframes for turn -around of of line captioning/requirements for
of line captioning.
Discuss your approach to loss of connectivity
Please provide an example of your service level agreement. Is it
acceptable (would there be significant negotiation to be done by the
City)?
The City desires captioning services provided in foreign languages.
These include, but are not limited to, Spanish What parameters do
you need for the City- to have access to such service? This service is
not to apply to real time captioning.
The successful vendor is to provide the assigned captioner with a check
list of the assignments and other details. Please provide a sample of
your check list for the City to review for completeness.
At the end of a job, the successful vendor is to provide a transcript of the
captioned program in a timely manner. How will your company meet
this requirement?. Please provide a sample of no more than one
page of how the transcript will appear.
The vendor was asked to detail their standard requirements for
submitted documentation (i.e. agenda) prior to live captioning. Are the
acceptable?
The vendor was asked to provide an assessment of accuracy rates for
live captioning. Is the assessment reasonable?
The vendor was asked: "Describe your relationship between you and
your employees. Do you use contract employees or hire captioners
directly? What is the benefit to the City regarding the method used to
obtain captioners'.?" How do you assess their response?
VITAC
B
B.10.1
B.10.2
B.10
B_ 10.
B.10.
B.10.6
B. 10.S
B. 109
B.10.10
B.10.1 I
B.10.1-
B.!0.I
B.10.I
B.10.I
B.10.16
Reviewer! Reviewer2 Reviewer3 Reviewer4
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Reviewer! Reviewer2 Reviewer3 Reviewer4
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t
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B.10.8
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B.10.16
10924A Video Closed Captioning Services
DESIGN
LEGEND Vendor:
Date:
cored Bt.
l`.
Questions .. - ,._ - •.
Pros
Cons
B.10.1
10
Please describe your organization's experience prodding the semces as detailed in the scope of
work.
4
40
Services for live captioning. during the weekdays. are subject to the number of meetings that the City
identifiesshould-be-broadcasrwitb-captioningforthepublic hese-meetings-muallyare-identified-by
a set start time but the end time is not guaranteed. Discuss your approach to meetings that may go
over the scheduled time slot.
B.I0.2
12
4
43
B.10.3
9
Discuss your approach to emergency requests. Is the vendor's approach acceptable?
4
36
13.10.4
t
The City asks that all off-line captioning be guaranteed to meet the City's satisfaction and that all
production be recorded on broadcast quality media What quality control efforts will your
company perform or do to ensure that this requirement is met? Please identify the media that
is available for this service.
y
to
B.10.5
3
Discuss your approach to scheduling conflicts. Note: The City anticipates that the successful
contractor will make the City its number one priority and that the assigned captioner will be providing
services.
4
12
8.1 0.6
3
Discuss your approach to lengthy meeting coverage that may require staff changes.
4
12
B.10.7
6
The City desires flexibility in the products that will be identified for captioning and has identified a
two-hour window. What is an acceptable timeframe to be notified of scheduling changes?
When or what time frame of notification would affect your rates?
4
a;
B.10.8
3
In the Scope of Work the City makes mention of a possible "tight timeline and quick turnaround" for
online captioning. Please provide timeframes for turn -around of offline
captioning/requirements for offline captioning.
4
12
B.10.9
I
Discuss your approach to loss of connectivity
4
4
6.10.10
I
Please provide an example of your service level agreement Is it acceptable (would there be
significant negotiation to be done by the City)?
4
4
B.I0.1 1
5
The City desires captioning services provided in foreign languages. These include. but are not limited
to. Spanish. What parameters do you need for the City to have access to such service? This
service is not to apply to real time captioning.
4
20
B.10.12
5
The successful vendor is to provide the assigned captioner with a check list of the assignments and
other details. Please provide a sample of your check list for the City to review for completeness.
4
20
B.10.13
1
At the end of a job, the successful vendor is to provide a transcript of the captioned progam in a
timely manner. How will your company meet this requirement? Please provide a sample of no
more than one page of how the transcript will appear.
4
4
B.10.14
5
The vendor was asked to detail their standard requirements for submitted documentation (i.e. agenda)
prior to live captioning. Are the acceptable?
4
20
B.10.15
3
The vendor was asked to provide an assessment of accuracy rates for live captioning. Is the
assessment reasonable?
y
32
B.10.16
5
The vendor was asked: "Describe your relationship between you and your employees. Do you use
contract employees or hire captioners directly? What is the benefit to the City regarding the method
used to obtain captioners'.?" How do you assess their response?
4
20
Tech
Pricing
80
80°o
20°'o
64
320
Reviewen
vlEAC
Reviewer2
Reviewer3 1007001063 Reviewerl
VEP
•
panda.:
Please si.ento your ong_mttation's esperienex pow..
the 66-rices as debated us ibe scope of work.
&mums For lox mimeos.. duruw the weekdays. are
mtnect to the numb -col meetings that Me City stimulios
slmuki broadcart kir the public Them
mecums usually are identified ter a set start me but the aid
none tarot euaranhod. DO)r.990130601
meetings that nosy go ever the scheduled Mae sket.
Olsen. your appoach us emergency requ.ts Is die
vendor's approvers exceptable?
Flo City asks that all cannon.0g te guaranteed to
mot tbe City's weviamon and dot all production be
reconled on h000kaoo 00)60631600. WI.0 quality
control effort. will your company perform or do to
ensure doset this requbeteent iv rod? Plmse Identify the
mails duet soilehle for ....vim -
Dismiss your oppoach to scheduling mollies. Not. The
CIP ...mates that the sinceptill cur...will lathe the
City its numb. one plenty and dot assigns. opuond
will he presidine servo.
Discuss your approach to leewthy emit* coverage dot
rnay requere.g
The Cip dmir.110311101763 0o products Pat well be
erldailied for ormolu, ond has identitiod a two-hour
wendow. What isso acceptable dmefouse to be notified
of whededing cluing.? When or n bet Moe frame of
notificerlon would affect your rens?
In do Scope of Work the City mato. mention of a possible
-tight timeline and quick mnaround" offline options.,
Pies. provide Portions, for torn-vround of offline
cepttonloprectuirempots for offline svprionlog.
,nessrm 222 msesavu sr. or wham,. ter
Plow provide an emomk of your arches lesel agrompu
Is it spephable tweald there be significant =gutted.01
be dooe by the City)?
1-133 City slums captions. sersices propdai in tiNergo
language: These include. tot are not limited to. Spanish
What perneneten do you steed for the City to have
m such service? This renice is not to apply to real
ume toptamme.
The suansful vendor es to prowde assigned salmon.
with a click list of the .signments and odm details
Please pros ide • sample of your cheek list for tbe Cky
review for completeness.
At the erd of op% Me woossfid vendor o to prow& a
transcript of Me motioned program in a tonely mann.
llow will your compeny one this requirement? Please
provide • sample of no more than one page of how the
tnanscrIpt will app.r.
The senior was osted to detail Mar standard repnernents
for suhrnmett doeurtnemmion(ie ago.. pnor Ene
captioni.. Are the acceptable?
Flo send. was asked to provide an asses:Num 0000,olo
lbr mPonnow. Is rhe esseument reasoneble?
The watdor was %Ned, Mem-nbe your mlanorolup tetween
you and your employees. Do you use oontrad employees
or hire opoonds directly? What is Pe %meth to the City
mearding 00 medod used to obtain opbonersr How do
,oe assess their respope?
1
B.10.3
13.10.4
11.111.3
D.10 6
Thomsen and
complete
cost for
enter, ries
coula he high
B.10 8
8.10.10
6.10.11
B.10.12
1
8.10.14
8.10.15
B.10.16
The company has over 30 years of expenence,
and a. h. over 425 employees dedimted to
,,,,eca5
11
1-tree0,
e01
ra.pedtio,nhinevg.,113l,
er:tne:emo:rttneoners are
Greenwood Colorado, pus 24/7/365 support.
although they orconde 24/7/365 Pennon. they
write recut having mg which on
31900131105090010100'000600330013003001
emergency.
They posse. a 'back -to -hack. system that
31)005 back-to-back onnecrions from different
stenocaptioners, which ensure no connedMn
dropouts or messed captions. rt seems that the
nenocaotioners connect to their P.s3ased
system, rthich then re -mutes them to our
optioning system. Although a appead to be a
stable system, the fact is that there are ihree
points of failure in that process.
Vendor's approach acceptable. Recent
expenences handling emergence% such as
userrimne lona. They dam they have never
missed an emergency broadcast.
They provided a thorough work through of
heir process which ensures quality.
Every captioner has to check -in 20 minutes
prior to the event. Events on he schedule well
in advanced using a secure ordering sem
mood. by them. Events mn be schedule with
48 hours of anticipation or more. Th cancel an
event. it has to he with 24 hours of
anticipation, otherwise 4 vall be belled. if an
event 6 schedule wrth tew than AS hours of the
event. it can't be guaranteed.
Their 8213 system ensures that a captionermll
take the event without interruptions in case of
a mower. They rely safety in their 020 system
They prov.e sem/Ices for emergency
broadcasts. 50% me:ease ,n rate for emergency
broadcast_ No data for non-amergency
broadcast or last minute pogroms.
They provide services for such turnarounds.
5055 rate increase for sante day or 24-hour
turnaround. On, 3 husen.s da.goamPto frtr
typical turnaroun..
If a optioner experience .u.. mmeanY
takes over for a period of 15 minutes or until
they assign another option.. Need more
detail in their process regarding Oss of
connectivity with the 34. lt seems that they
have a solution wnen a opponer loss.
onnenivity with Their system.
Company provided oarts of its SLA No
guarantees of continuing the captroneng remece
d programs runs longer.
Company provided a list of foreign languag..
Some adaitional fees may inarr for mufti -
language service.
neutralising process awes the captioner
sufficient time to tron themseees and improve
their skills. Although an example was pros:toed,
this wasn't a check list of the recturrements.
on be Mat Neu system es based on tho
format.
An unedited version es available for download
mmediately after the event ends. They ran
pace the tranpript in a EDI. Droloao8 nr emu,
it to Ole POC. The file is a plam text rile and
do.eit nave time information. rendering the
file useless rf we needed to re -transmit the
program with the alrea. ofrtiOned Ale.
They accept prep matenal that on be sent to
an emad pnor an event. They don't proWde a
timeframe to send the prep material.
Caption." are assigned to a team that nicles
wrth the chem. no helps the caption. to
lanuliante themsee. weth our programs.
They hire their employees and have a low
turnaround percentage, which means they are
able to retain most of their employees. They
provide all necessary equipment to them. No
contractors.
Camden! detailed
background and client lists.
Good ...ration senue
orpeedure mplamed. Tech
Center, large sire. Does large
loll0000bslllO,l7303S0d
costs?
Complete answer re good
.ponenee level. large
employee base for response.
Cannot guarmme emergency
r.ponse?
Outten. employee
qualifications. tratning,
accuocy checks. File tonna.
not tisted
Good past record. Now to
verify statement •never heen
mime -
Secure IP. handoff descnbed.
rime frames stated (oMP).
esuestion re: •adjustments
after The fact
Stated dearly 3 business
days. 24hrs .50%
Backup power good.
Procedure re: who olls who?
Ok answer. Extended
coverage not guaranteed
Priced oyjoh - don't
know the rat.
Goad
Good sample (induct.
dropped worcts - within
accuracy seem)
Good d.creptions - pomt es
to load into optioner's
how h accuracy me.urea?
Good response • Strect
training, Large numbers
available. All employees
Rewewen
Reviewen eriewere
B.10.1
Expenenced prepuces en the
indent,. Focused en serving The
Deaf ond Hard of Hearing
ornmunny. Company looted in
Colorado. No ,nformation in
mmpanses ionsevety in Me market.
muds one nn stun" tne
company is 'pity new.
Past openence generaIN
stated. No dient lists,
references are on the hght
side - few broadcasters
Solution based on the City's need
and Maury.
ftack-ure bar hong ...gs
described
B.111.2
8,111.3
Prooded exam...emergency
events and how they have been
able to provide the service wrthen
hours of being contacted..
spedfim renaming protocol or
Process. in how they manage
amergenw .ents.
Based on past expenenc.
generally descnbed. .
guarsnme
81114
No dem. were provided regarding
off-line optioning senme.
About QC. No file pp.
mentioned. Is there a
standee -await process?
B.10.5
They have on -cad captioners
avail.% to rneet ony conflict or
emergencY
Bullpen of Caption., Are
these Mecum numbers,
B.111 6
They have a synchromed capioner
transrtion. Events are .timated
using typical runtirn..
Assure.. of clungwvver
to Martronal mptroners
without lops.?
13.11).-
They accept changes with at least
14-hour notification. After 24-
hour. additional charges are
Mcurred.
Clear answer - good time
frame (less than 24hrs)
B.10.8
Cinnamon. between 6 to 24
hours.
Answered 6-24 hrs. is that
from the time they receive
it to the time et is...leered?
What s QC proceis?
8,111.9
If issue es with the captioner they
well respond by switching captioner,
if ies wrth connection to the My,
they will draFin. Need more detail
in regaros inert response process
and mayoe termite! system Me
power railure pored's., merne
cones...my. etc.
Good - Deal -in backup,
wirtch captioner
B.10.111
Ohl not see
attached
sample used
TeM Proposal
and C.2.
referenm
Account repr.entative assign to a
client. Captions will meet at least
FCC compliance. Transcripts Can be
dowloaded in multiple forma.
Sample proved. - good
1110.I I
Captions in over 100 cldferent
languages. No details on specific
parameters ar costs.
Appears. be an
automated prooss. What
are the accuracy parameters
regaraing spelling and
grammar? QC?
8.10,12
Easy to read detailed check tOt
Sample provided.
Adequate
B.I0.13
Did not see
attached
0310900
Trans,. has correct caprtalnation
and punctuations. No time tags.
Ongmal link to omple did
not work- sample sent
later. changing original
rating of 1
8,110.14
Online faun submassion synth ability
to upload multimedia documents.
Didn't reaily answer the
question. Is this where
agenda's are submitted?
B.10.I5
FCC required acorns, with 98.5%
and 72% for offline matenal
Answered includeng formula
used to cakulate acaracy.
Is Me enM confirmed by
outside source?
8.10.16
Both Mod employees and
contractors That ensure sem. for
multiple time Pots.
Actual advantage to City 2
unclear
26 Daxx r ;.Joulx z. ' Thursday, April 12, 2018
Get online access to PLANS, SPECS & MORE! Call 800-393-6343
127
NOTICE
You are hereby notified that.
pursuant to the Denver Revised
Municipal Code. New Amsterdam
Organics LTD, doing business as
New Amsterdam, applied with
the Denver Department of Excise
and Licenses (the "Department")
on October 16. 2017 for a Retail
Marijuana Store License to _se11
Marijuana at 150 North Rio Grande
Blvd. You are further notified that on
Mav 2. 2018 at the hour of 1:30 pm
a hearing on such application will
be held in Hearing Room 2.H.14 in
the Wellington Webb Building.$0_1_
West Colfax Ave., Dept. 206, Denver,
Colorado.
Inquiries relating to th is app lication
should be sent to the Department at
EXLApphcations@denvergov.ory and
EXLRecordsManae'ement@denvergov.
orb.
Petitions supporting or opposing
the application may be obtained
and filed with the Department of
Excise and Licenses at 201 West
Colfax Ave., Dept. 206, Denver,
Colorado 80202. In order for a
petition to be received at a day
hearing, the petition must be
filed at least (5) days prior to
the hearing date, or the petition
circulator must testify at the
hearing. In order for a petition to
be received at an evening hearing,
the petition must be filed at least
ten (10) days prior to the hearing
date. All filing deadlines may be
altered in the sole discretion of the
Director.
Additionally, any adult resident
of the Designated Area or owner/
manager of a business located in
the Designated Area may request
an evening hearing for marijuana
and liquor license applications.
An authorized representative
of a registered neighborhood
organization which encompasses all
or part of the Designated Area. or
any member of city council whose
district includes all or part of the
Designated Area may request an
evening hearing for marijuana
applications only. Finally, the
principal or representative of any
school located within five hundred
feet of a liquor license application
may request an evening hearing for
liquor applications only. All petitions
for an evening hearing must contain
at least ten (10) signatures and must
be received by the Department at
least fifteen (15) days prior to the
hearing date mentioned above.
Applicant Ownership Information
List of Officers (If Corporation or LLC)
1. Benjamin Bourque, 150 North Rio
Grande Blvd.
DIRECTOR OF EXCISE AND
LICENSES
Published: April 12, 2018
in The Daily Journal
169
NOTICE OF FINAL SETTLEMENT
CITY OF AURORA, COLORADO
DATE: April 12, 2018
PURCHASE ORDER NO. 17P0273K
PROJECT NO: 15073
PROJECT TITLE:
23rd Avenue Bike/Ped Facility
at Fitzsimons Station
CONTRACTOR:
53 Corporation LLC
5655 Peterson Road
Sedalia, CO 80135
Notice is hereby given that the City of
Aurora intends to start processing
the Final Payment to the above -named
Contractor on April 23rd. 2018
provided no claims are received.
Any person or firm having debts
against the Contractor must file
a proper written noticewith the
Contract Coordinator, City of Aurora,
Purchasing and Contract Services
Division, 15151 East Alameda
Parkway Suite 3500, Aurora,
Colorado 80012, on or before the
above date.
CITY OF AURORA, COLORADO
BY: Willie Brown
Senior Procurement Agent
Published: April 12 & 13, 2018
in The Daily Journal
dailyjournal@construction.com
171
NOTICE TO CREDITORS
In the Matter of the Estate of:
CAROL PIASECZNY-BARROWS,
also known as CAROL BARROWS,
also known as CAROL PIASECZNY,
also known as CAROL A,
PIASECZNY, also known as CAROL
ANN PIASECZNY,
Deceased
Case Number 2018PR30409
All persons having claims
against the above -named estate
are required to present them to
the Personal Representative or to
Probate Court of the City and County
o�Denver�Colorad on on before
August 13. 2018 or the claims may
be forever barred.
LAUREN DUNCAN
Personal Representative
c/o Zisman, Ingraham & Mong, P.C.
3773 Cherry Creek N. Dr., Ste. 650
Denver, CO 80209
Published: April 12, 19 & 26, 2018
in The Daily Journal
175
NOTICE OF FINAL PAYMENT
Notice is hereby given that at
5:00 p.m., Local Time, on the 23rd
day of April 2018, the City and
County of Denver, Denver, Colorado
will make final settlement with
W.L. Contractors, Construction
Contractor, for all materials
furnished and for all labor performed
under a contract with said City
and County of Denver, dated the
30th day of November 2016, for
the 2015 Traffic Signal Master
On Call, Contract No. 201735004/
0C201522741.
File claims with the Manager,
Department of Public Works, 201
West Colfax Avenue, Department
608. Denver, Colorado 80202, on or
before 5:00 p.m., Local Time, on the
23rd day of April 2018, pursuant to
C.R.S. 1973, Title 38-26-107.
Eulois Cleckley
Executive Director of
Public Works
Published: April 12 & 13, 2018
in The. Daily Journal
176
NOTICE OF FINAL PAYMENT
Notice is hereby given that at
5:00 p.m., Local Time, on the 23rd
day of April 2018, the City and
County of' Denver, Denver, Colorado
will make final settlement with
W.L. Contractors, Construction
Contractor, for all materials
furnished and for all labor performed
under a contract with said City
and County of Denver, dated the
30th day of November 2016, for
the 2015 Traffic Signal Master
On Call, Contract No. 201734616/
0C201522741.
File claims with the Manager,
Department of Public Works, 201
West Colfax Avenue, Department
608, Denver, Colorado 80202, on or
before 5:00 p.m., Local Time, on the
23rd day of April 2018, pursuant to
C.R.S. 1973, Title 38-26-107.
Eulois Cleckley
Executive Director of
Public Works
Published: April 12 & 13, 2018
in The Daily Journal
180
INVITATION TO PROPOSE,
CITY AND COUNTY OF DENVER,
Purchasing Division, Department
of General Services, 201 W. Colfax
Avenue, Dept 304, Denver CO
80202, Seeks Proposals for:
I. Containerization, Removal,
Sale and Recycling of Scrap Metal
Proposal No. 10918B Buyer Ruth
Bruski Proposal Due: April 20, 2018
2:00 P.M.
2. Video Closed Captioning Services
Proposal No. 10924A Buyer Brenda
Hannu Proposal Due: May 03, 2018
2:00 P.M.
Proposal No(s) 1 and 2 can be
downloaded via the internet at:
http://www.denvereov.orepurchasing
Published: April 12, 2018
in The Daily Journal
179
City and County of Denver - Department of Public Works
Notice for Invitation for Bids - Contract 201841147
2018 Neighborhood Sidewalk Repairs Phase 1
Bid Opening Date: May 10, 2018, 11:00 a.m. local time. Bids will be received
in Room 6.G.7, 201 W. Colfax Ave., Denver, Colorado 80202.
Description: Contractor will go into neighborhood regions designated by
the City and address damaged, sloping and uneven sidewalks identified as
hazardous by City personnel. Repairs may include slab levelling (both concrete
and flagstone), concrete sidewalk joint grinding and both concrete and
flagstone replacement with concrete. Landscape/Irrigation system protection/
replacement and traffic/pedestrian control are ancillary to the contract and
will be paid for separately.
Documents and Bid Info Available: More information is available at:
www.work4denvercom. To download digital Contract Documents at a cost of
$10.00 per download, reference eBid Document Number #5673760. Contact
QuestCDN at 952-233-1632 or info@questcdn.com for assistance.
Pre -Bid Conference: April 24, 2018 at 1:30 p.m. local time, at WEBB Building,
201 W Colfax Ave, 1st floor conference room 1.D.1., Denver. Colorado 80202.
Estimated Construction Cost: Between $900,000.00 and $1,100,000.00.
Questions Deadline: May 1, 2018 by 2:00 p.m local time.
Prequalification Requirements: None
Small Business Enterprise (SBE) Participation:
DEFINED POOL SELECTION REQUIREMENTS:
This construction contract solicitation is subject to the defined pool
selection requirements of Article VII, Chapter 28 of the Denver Revised
Municipal Code (D.R.M.C.) (the "SBE Ordinance") and, as such, this
contract is excluded from the coverage of Article III, Chapter 28 of the
D.R.M.C.
Section 28-207, D.R.M.C. of Article VII authorizes the Director of the
Division of Small Business Opportunity (DSBO) to designate selected
design and construction services contracts as restricted for award only
to Small Business Enterprises (SBEs) participating in the defined pool
selection program. The Director has designated this project solicitation as a
defined pool project. and in accordance with the SBE ordinance, award will
be strictly limited to currently certified SBE bidders/joint venturers who
comply with the requirements of Article VII. Proper SBE certification in
accordance Section 28-206, D.R.M.C. shall be a condition of responsiveness
and award will only be made to the lowest, total, responsive, qualified SBE
bidder. Under Section 28-208, D.R.M.C., compliance with this defined pool
selection requirement shall be mandatory for all bidders and shall require
a demonstration that each bidder is either: (1) a certified SHE contractor
or (2) a qualified joint venture that includes a certified SBE contractor.
In addition, each bidder must establish that such SBE will perform a
commercially useful function.
Section 28-209, D.R.M.C. direct the Director of the Division of Small
Business Opportunity to establish a mandatory SBE sub contractor
participation requirement for selected projects. The mandatory SBE
participation requirement for this project is:
30% Prime / 10% additional SBE subconsultant goal
Small Business Enterprise (SBE) Participation
This mandatory subcontractor participation requirement is in addition to
the defined pool prime contractor selection requirement described above
and, as such, must be met only with certified subcontractors, suppliers and
other participants as set forth in Sections 28-209 and 28-210, D.R.M.C. A
bidder cannot meet this additional participation requirement through self
performance.
Each bidder shall submit, at the time of bid opening, the completed forms
and other information required by DSBO to demonstrate compliance with
the requirements of Article VII under § 28-212, D.R.M.C. A determination
by DSBO that a bidder has failed to comply with these defined
pool selection requirements, as specified herein and set forth in Chapter
VII, and as such, is non -responsive shall result in no further consideration
of the bid by the Manager of Public Works.
Published: April 12, 13 & 16, 2018 in The Daily Journal
177
NOTICE OF FINAL PAYMENT
Notice is hereby given that at
5:00 p.m., Local Time, on the 23rd
day of April 2018, the City and
County of Denver, Denver, Colorado
will make final settlement with
W.L. Contractors, Construction
Contractor, for all materials
furnished and for all labor performed
under a contract with said City
and County of Denver, dated the
30th day of November 2016, for
the 2015 Traffic Signal Master
On Call, Contract No. 201733011/
0C201522741.
File claims with the Manager,
Department of Public Works, 201
West Colfax Avenue, Department
608, Denver, Colorado 80202, on or
before 5:00 p.m., Local Time, on the
23rd day of April 2018, pursuant to
C.R.S. 1973, Title 38-26-107.
Eulois Cleckley
Executive Director of
Public Works
Published: April 12 & 13, 2018
in The Daily Journal
178
NOTICE OF FINAL PAYMENT
Notice is hereby given that at 5:00
p.m., Local Time, on the 23rd day
of April 2018, the City and County
of Denver, Denver, Colorado will
make final settlement with Sky Blue
Builders, Construction Contractor,
for all materials furnished and
for all labor performed under a
contract with said City and County
of Denver, dated the 5th day of
July 2016, for the 2016 Enhanced
Bicycles Facilities Construction
Services Master On Call, Contract
No. 201736745/00201626972.
File claims with the Manager,
Department of Public Works, 201
West Colfax Avenue, Department
608, Denver, Colorado 80202, on or
before 5:00 p.m., Local Time, on the
23rd day of April 2018, pursuant to
C.R.S. 1973, Title 38-26-107.
Eulois Cleckley
Executive Director of
Public Works
Published: April 12 & 13, 2018
in The Daily Journal
10924A - Video Closed Captioning Services Addendum No: 1 (Published)
Notice
Basic Information
Estimated Contract Value (USD)
Reference Number
Issuing Organization
Owner Organization
Solicitation Type
Solicitation Number
Title
Source ID
$232,000.00 (Not shown to suppliers)
0000188321
City and County of Denver General Services Purchasing
RFP - Request for Proposal (Formal)
10924A
Video Closed Captioning Services
PU.AG. USA.2002. C2712051
Piggyback Solicitation
Details
Location
Purchase Type
Description
Dates
Publication
Question Acceptance Deadline
Questions are submitted online
Bid Intent
Closing Date
Contact Information
Brenda Hannu
720-913-8118
brenda.hannu@denvergov.org
Bid Submission Process
Bid Submission Type
Pricing
Pricing
Bid Documents List
No
Denver County, Colorado
One Time Only
The City and County of Denver desires to solicit proposals relating to the
purchase of Video Closed Captioning Services.
04/05/2018 04:11 PM MDT
04/18/2018 05:00 PM MDT
No
Not Available
05/03/2018 02:00 PM MDT
Electronic and Physical Bid Submission
In attached document
In attached document
Item Name
Bid Documents
Description
Documents defining the proposal
Mandatory
Yes
06/04/2019 07:08 AM MDT Page 1 of 6
10924A - Video Closed Captioning Services Addendum No: 1 (Published)
Documents
Addendum No..1
Document Size Uploaded Date Language
Addendum No. 1 [pdf]
Original Solicitation
138 Kb 04/20/2018 02:37 PM MDT English
Document Size Uploaded Date - Language
-
solicitation document [docx] 124 Kb 04/05/2018 04:00 PM MDT English
06/04/2019 07:08 AM MDT Page 2 of 6
10924A - Video Closed Captioning Services
Addendum No: 1 (Published)
Categories
Selected Categories
NIGP Categories (50)
915
91500
91501
COMMUNICATIONS AND MEDIA RELATED SERVICES
COMMUNICATIONS AND MEDIA RELATED SERVICES
Advertising Agency Services
Advertising Agency Services
—91-502
91503
..............
91504
91505
91506
91507
91508
AdvertisuiCrilfBid-SiTilitifaboTil
Advertising, Notice Of Bid, Bid Notice Advertising
Advertising/Public Relations
Advertising Services, Public Relations Services, Relations Services, Public
Advertising, Outdoor Billboard, etc.
Outdoor Billboard Advertising Services, Billboard Advertising, Outdoor, Advertising, Outdoor Billboard
Answering/Paging Services
Answering And Paging Services, Paging And Answering Services, Telephone Answering Services (Low
Volume)
Audio Production
Audio Production
Audio Recording
Audio Recording Services, Recording Services, Audio
Audio Media Duplicating Services (Incl. Cassettes, CD Roms, Tapes, etc.)
Audio Tape Duplicating Services (Including Cassettes), Tape Duplicating Services, Audio, Duplicating
Services, Audio Tape And Cassette, Cassette Duplicating Services, Audio
91509 AudioNideo Production Services Complete
AudioNideo Production Services, Video/Audio Production Services, Production Services, Video/Audio
91511
._....._.......
91514
91515
91522
91523
91524
91525
91526
91527
91528
91536
.._........._..
91538
91542
Background Music Services
Broadcasting Services, Radio
Broadcasting Services, Radio, Radio Broadcasting Services
Broadcasting Services, Television
Broadcasting Services, Television, Television Broadcasting Services
Communications Marketing Services
Communications Marketing Services, Marketing Services, Communications
Conference Coordinating and Planning Services
Conference Coordinating Services, Conference Planning Services, Planning And Coordinating Services,
Conference
Cable Television Services (Includes Pay -Per -View Services)
Tv Cable Services, Cable Television Services, Television Services, Cable, Pay -Per -View Television
Services, Television Pay -Per -View Services
Captioned Services for the Hearing Impaired
Captioned Services For The Hearing Impaired, Hearing Impaired Captioned Services, Deaf Captioned
Services
EDI (Electronic Data Interchange) Value Added Network (VAN) Services
Edi Value Added Network (Van) Services, Electronic Data Interchange Value Added Network Services,
Edi Van Services, Van Services, Edi
Editorial Services
Editorial Services
Electronic Information and Mailing Services
Electronic Information And Mailing Services, Information Services, Electronic, Mailing Services, Electronic
Facsimile (Fax) Services
Facsimile (Fax) Services, Fax Services
Film Processing, Duplicating and Touch Up Services
Film Processing And Duplicating Services, Processing Services, Film, Duplicating Services, Film, Touch -
Up Services, Photography, Reprints, Photography
Film Production
Film Production Services, Production Services, Film
06/04/2019 07:08 AM MDT Page 3 of 6
10924A - Video Closed Captioning Services Addendum No: 1 (Published)
NIGP Categories (50)
91548 Graphic Arts Services (Not Printing)
Graphic Arts Services (Not Printing), Arts Services, Graphic (Not Printing)
91549 High Volume, Telephone Call Answering Services (See 915-05 for Low Volume Services)
High Volume Telephone Call Answering Services, Telephone Call Answering Services, High Volume,
Answering Services, High Volume Telephone Call
91551 Information Highway Electronic Services (Internet, World Wide Web, etc.)
Information Highway Electronic Services, Internet Services, Electronic Services, Internet, Electronic
Services, World Wide Web, World Wide Web Electronic Services, Www Electronic Services
91552 Journalistic Services
Journalistic Services
91558 Mailing Services (Including Collating, Packaging, and Sorting)
Mailing Services Including Collating, Packaging, And Sorting, Collating, Mail, Packaging, Mail, Sorting,
Mail
91559 Mail Services, Express
Mail Services, Express, Express Mail Services
91560 Magazine Distribution Services
Magazine Distribution Services, Distribution Services, Magazine
91564 Media Clipping Services: Clippings, Outtakes, Critiques, Summaries, etc.(Incl. State, Local, Out -of -
State and International)
Media Clipping Services (Newspaper, Magazines, Etc.), Clipping Services, Media (Newspaper,
Magazine), Newspaper Clipping Services, Magazine Clipping Services, Media Clipping Services (Local,
State, Out -Of -State, Intl.
91568
91569
91570
91571
91572
91573
91574
91575
...................
91576
91577
91578
91579
91580
91581
Microfiche/Microfilming Services
Microfiche/Microfilming Services, Microfilm/Microfiche Services, Microfilm Processing
Motion Picture Production and Distribution Services
Motion Picture Production And Distribution Services, Movie Production And Distribution Services,
Production Services, Motion Picture, Distribution Services, Motion Picture
Monitoring Services: Parolee, Patient, Convict, etc.
Convict Monitoring Services, Patient Monitoring Services, Monitoring Services, Patient, Monitoring
Services, Convict, Parolee Monitoring Services, Monitoring Services, Parolee
Newspaper and Publication Advertising
Newspaper Advertising, Magazine Advertising, Publication Advertising, Advertising: Newspaper,
Magazine, Publication
Photography (Not Including Aerial Photography)
Photography
Public Information Services
Public Information Services, Information Services, Public
Radio Commercial Production
Radio Commercial Production Services, Commercial Production Services, Radio, Production Services,
Radio Commercial
Telephone Services, Cellular
Telephone Services, Cellular, Cellular Telephone Services
Telephone Services Includes Installation, Moves, Changes, Adds, Programming, Training, etc.
Telephone Installation, Telephone Moves, Changes, Adds, Telephone Programming, Telephone Training,
Installation, Telephone, Programming, Telephone, Training, Telephone
Telephone Services, Long Distance and Local (Including Telex and Watts Services)
Telephone Services, Local And Long Distance, Long Distance Telephone Service, Telex Services, Watts
Line Services
Television Commercial Production
Television Commercial Production Services, Commercial Production Services, Television, Production
Services, Television Commercial
Telecommunication Services (Not Otherwise Classified)
Telecommunications Services (Misc.)
Typing and Word Processing
Typing Services, Word Processing Services, Processing Services, Word
Telegram/Telegraph Services
Telegram Services, Telegraph Services
91582 Video Production
Video Production Services, Production Services, Video
06/04/2019 07:08 AM MDT Page 4 of 6
10924A - Video Closed Captioning Services Addendum No: 1 (Published)
NIGP Categories (50)
91584 Video Recording
Video Recording Services, Recording Services, Video
91590 Video Media Duplicating and Production Services (Including CD Roms, Tapes, etc.)
Video Tape Duplicating Services, Tape Duplicating Services, Video, Duplicating Services, Video Tape,
Production Services, Video Tape, Video Tape Production Services, Tape Production Services, Video
91593 Voice Mail Services
Voice Mail Services, Mail Services, Voice
91596 Web Page Design and/or Management Services
Web Page Design And/Or Management Services, Design Services, Web Page, Management Services,
e age
This copy of the NIGP Code is the property of the National Institute of Governmental Purchasing, Inc. (NIGP), is displayed and used by BidNet under
license from Periscope Holdings, Inc. (the authorized sub -licensor of NIGP), and is protected under the copyright laws of the United States. It may not be
copied or used (in whole or part) by any party unless such party is authorized to do so under the terms of a written license agreement entered into with
NIGP or its authorized sub -licensors expressly authorizing such party to use the NIGP Code. Unauthorized copying or use is prohibited. Dated: January
2016
06/04/2019 07:08 AM MDT Page 5 of 6
10924A - Video Closed Captioning Services Addendum No: 1 (Published)
Document Request List
Document Request List
Organization Name
Corrine Williams
BrainSurface LLC
City and County of
Denver
WordPictures,Inc.
Blu Bambu Design
EON247, A Public Benefit
Corporation
Bell TCG
City and County of
Denver - Auditor's Office
VZP Digital
Granicus
GH, LLC
Perlmutter Purchasing
Power
True Subtitles LLC
Agency Off Record
Whittaker Brothers
Voice Products Inc.
VITAC Corporation
Floral Park Consulting
LLC
LNS Captioning
Samuel & Sons
Open Media Foundation
Colin Spencer
Productions,LLC
5280 Digital
CounterTrade Products,
Inc.
Main Contact
Corrine Williams
Omar Farooq
Joe Saporito
David Rorrraneili
Download Date
04/05/2019 04:12 PM MDT
07/04/2018 11:35 AM MDT
06/14/2018 08:35 AM MDT
Carlos Mireles
Brandon Naughton
Daniel Holmgren
.........................
Carol Carter
Victor Perez
Alison Magrini
WUNJI LAU
Mark Perlmutter
Mara Campbell
Matt Keeney
Roland Whittaker
Marisa Shideler
Dave Battinieri
Jack Brownes
Carol Studenmund
Samuel Walker
Tony Shawcross
Terry Spencer
Bruce Michael
TANYA TYLER
City
Golden
Dallas
Denver
5/03/20t8-08:20-AM MDT —Warren
05/01/2018 07:34 PM MDT Denver
04/25/2018 10:57 PM MDT Denver
04/17/2018 09:41 AM MDT Highlands Ranch
04/12/2018 09:52 AM MDT Denver
04/10/2018 01:40 PM MDT Centennial
04/10/2018 09:32 AM MDT Denver
04/08/2018 07:07 AM MDT Lafayette
04/06/2018 12:39 PM MDT San Diego
04/06/2018 11:08 AM MDT Miami
04/06/2018 09:32 AM MDT Denver
04/06/2018 07:31 AM MDT
04/06/2018 07:09 AM MDT
04/06/2018 06:39 AM MDT
04/05/2018 11:56 PM MDT
New York
Wichita
Greenwood Village
Floral Park
04/05/2018 10:09 PM MDT Portland
04/05/2018 05:09 PM MDT Los Angeles
04/05/2018 04:41 PM MDT Denver
04/05/2018 04:30 PM MDT Centennial
04/05/2018 04:22 PM MDT Centennial
04/05/2018 04:22 PM MDT Arvada
Province/State
Colorado
Texas
Colorado
Michigan
Colorado
Colorado
..... ..............
Colorado
Colorado
Colorado
Colorado
Indiana
California
Florida
Colorado
New York
Kansas
Colorado
New York
Oregon
Califomia
........_....._...........
Colorado
Colorado
Colorado
Colorado
06/04/2019 07:08 AM MDT Page 6 of 6
AGREEMENT
THIS AGREEMENT by and between the CITY AND COUNTY OF DENVER, a
municipal corporation of the State of Colorado (the "City') and VITAC CORPORATION, a
Pennsylvania corporation registered to do business in Colorado, whose address is 8300 East
Maplewood Ave., Greenwood Village, CO 80111 ("Contractor").
RECITALS
WHEREAS, The service engaged herein will help the City meet its obligation to provide
closed caption text to a variety of video products produced by the City, including live meeting
coverage, video programming, and video clips.
IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS:
INCORPORATION OF RECITALS. The recitals set forth above are incorporated herein as
set forth in their entirety.
1. SERVICES TO BE PERFORMED: Contractor, under the general direction of,
and in coordination with, the City's Chief Information Officer or other designated supervisory
personnel (the "Manager") agrees to perform the services described on attached Exhibit A (the
"Statement of Work" or "SOW").
2. DELIVERY AND ACCEPTANCE: If the City is not satisfied with the
Contractor's performance of the services described in the SOW, the City will so notify
Contractor within thirty (30) days after Contractor's performance thereof. Contractor will, at its
own expense, re -perform the service within fifteen (15) days after receipt of City's notice of
deficiency. The foregoing procedure will be repeated until City accepts or finally rejects the
service in its sole discretion. In the event that City finally rejects any service, Contractor will
refund to City all fees paid by City with respect to such service.
3. TERM: The term of the Agreement is from September 1, 2018 through August
31, 2020.
4. COMPENSATION AND PAYMENT:
A. Fee: The fee for the services is described in the SOW (the "Fee"). The
Fee shall be paid pursuant to the City's Prompt Payment Ordinance.
B. Reimbursement Expenses: The fees specified above include all
expenses, and no other expenses shall be separately reimbursed hereunder.
C. Invoicing: Contractor must submit an invoice which shall include the
City contract number, clear identification of the deliverable that has been completed, and other
information reasonably requested by the City. Payment of all uncontested amounts shall be
made in accordance with the City's Prompt Payment Ordinance.
D. Maximum Contract Liability:
(i) Any other provision of this Agreement notwithstanding, in no
event shall the City be liable for payment for services rendered and expenses incurred by
C_ontractor_under the�erms_nf this_A�eement_for_any_amount-in-excess-of-the_sum-of- 0UR -
HUNDRED THIRTY TWO THOUSAND DOLLARS ($432,000.00). Contractor
acknowledges that any work performed by Contractor beyond that specifically authorized by the
City is performed at Contractor's risk and without authorization under this Agreement.
(ii) It is understood and agreed that any payment obligation of the City
hereunder, whether direct or contingent, shall extend only to funds appropriated by the Denver
City Council for the purpose of this Agreement, encumbered for the purpose of the Agreement
and paid into the Treasury of the City. Contractor acknowledges that (a) the City does not by
this Agreement, irrevocably pledge present cash reserves for payments in future fiscal years, and
(b) this Agreement is not intended to create a multiple -fiscal year direct or indirect debt or
financial obligation of the City.
5. STATUS OF CONTRACTOR: The Contractor is an independent contractor
retained to perform professional or technical services for limited periods of time. Neither the
Contractor nor any of its employees are employees or officers of the City under Chapter 18 of
the Denver Revised Municipal Code, or for any purpose whatsoever.
6. TERMINATION:
A. The City has the right to terminate this Agreement, with or without cause,
on thirty (30) days written notice. However, nothing herein shall be construed as giving
Contractor the right to perform services under this Agreement beyond the time when such
services become unsatisfactory to the Manager.
B. Notwithstanding the preceding paragraph, the City may terminate the
Agreement if the Contractor or any of its officers or employees are convicted, plead nolo
contendere, enter into a formal agreement in which they admit guilt, enter a plea of guilty or
otherwise admit culpability to criminal offenses of bribery, kick backs, collusive bidding, bid -
rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar
nature in connection with Contractor's business. Termination for the reasons stated in this
paragraph is effective upon receipt of notice.
C. If this Agreement is terminated by the City, Contractor shall be
compensated for, and such compensation shall be limited to, (1) the sum of the amounts
contained in invoices which it has submitted and which have been approved by the City; (2) the
reasonable value to the City of the work which Contractor performed prior to the date of the
termination notice, but which had not yet been approved for payment; and (3) the cost of any
work which the Manager approves in writing which he determines is needed to accomplish an
orderly termination of the work. The City shall be entitled to an immediate prorated refund of
any prepaid fees for services not provided as of the date of termination.
D. Upon termination of this Agreement by the City, Contractor shall have no
claim of any kind whatsoever against the City by reason of such termination or by reason of any
act incidental thereto, except for compensation for work satisfactorily performed as described
herein and shall refund to the City any prepaid cost or expenses.
7. EXANHNATION OF RECORDS: Any authorized agent of the City, including
the City Auditor or his or her representative, has the right to access and the right to examine any
pertinent books, documents, papers and records of the Contractor, involving transactions related
to the Agreement once per calendar year during normal business hours, until the latter of three
(3) years after the final payment under the Agreement or expiration of the applicable statute of
limitations.
8. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any
action by either Party hereunder constitute or be construed to be a waiver by the other Party of
any breach of covenant or default which may then exist on the part of the Party alleged to be in
breach, and the non -breaching Party's action or inaction when any such breach or default shall
exist shall not impair or prejudice any right or remedy available to that Party with respect to such
breach or default; and no assent, expressed or implied, to any breach of any one or more
covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of
any other breach.
9. INSURANCE:
A. General Conditions: Contractor agrees to secure, at or before the time of
execution of this Agreement, the following insurance covering all operations, goods or services
provided pursuant to this Agreement. Contractor shall keep the required insurance coverage in
force at all times during the term of the Agreement, or any extension thereof, during any
warranty period, and for three (3) years after termination of the Agreement. The required
insurance shall be underwritten by an insurer licensed or authorized to do business in Colorado
and rated by A.M. Best Company as "A-"VIII or better. Each policy shall contain a valid
provision or endorsement requiring notification to the City in the event any of the required
policies is canceled or non -renewed before the expiration date thereof. Such written notice shall
be sent to the parties identified in the Notices section of this Agreement. Such notice shall
reference the City contract number listed on the signature page of this Agreement. Said notice
shall be sent thirty (30) days prior to such cancellation or non -renewal unless due to non-
payment of premiums for which notice shall be sent ten (10) days prior. If such written notice is
unavailable from the insurer, contractor shall provide written notice of cancellation, non -renewal
and any reduction in coverage to the parties identified in the Notices section by certified mail,
return receipt requested within three (3) business days of such notice by its insurer(s) and
referencing the City's contract number. If any policy is in excess of a deductible or self -insured
retention, the City must be notified by the Contractor. Contractor shall be responsible for the
payment of any deductible or self -insured retention. The insurance coverages specified in this
Agreement are the minimum requirements, and these requirements do not lessen or limit the
liability of the Contractor. The Contractor shall maintain, at its own expense, any additional
kinds or amounts of insurance that it may deem necessary to cover its obligations and liabilities
under this Agreement.
B. Proof of Insurance: Contractor shall provide a copy of this Agreement to
its insurance agent or broker. Contractor may not commence services or work relating to the
Agreement prior to placement of coverages required under this Agreement. Contractor certifies
-that_the_cerxificate_a_insurance-attached-as--> xhibit -B, - preferably ---an ACORD- certi€ieate,
complies with all insurance requirements of this Agreement. The City requests that the City's
contract number be referenced on the Certificate. The City's acceptance of a certificate of
insurance or other proof of insurance that does not comply with all insurance requirements set
forth in this Agreement shall not act as a waiver of Contractor's breach of this Agreement or of
any of the City's rights or remedies under this Agreement. The City's Risk Management Office
may require additional proof of insurance, including but not limited to policies and
endorsements.
C. Additional Insureds: For Commercial General Liability, Auto Liability
and Excess Liability/Umbrella (if required), Contractor and subcontractor's insurer(s) shall
include the City and County of Denver, its elected and appointed officials, employees and
volunteers as additional insured.
D. Waiver of Subrogation: For all coverages required under this
Agreement, Contractor's insurer shall waive subrogation rights against the City.
E. Subcontractors and Subconsultants: All subcontractors and
subconsultants (including independent contractors, suppliers or other entities providing goods or
services required by this Agreement) shall be subject to all of the requirements herein and shall
procure and maintain the same coverages required of the Contractor. Contractor shall include all
such subcontractors as additional insured under its policies (with the exception of Workers'
Compensation) or shall ensure that all such subcontractors and subconsultants maintain the
required coverages. Contractor agrees to provide proof of insurance for all such subcontractors
and subconsultants upon request by the City.
F. Workers' Compensation/Emplover's Liability Insurance: Contractor
shall maintain the coverage as required by statute for each work location and shall maintain
Employer's Liability insurance with limits of $100,000 per occurrence for each bodily injury
claim, $100,000 per occurrence for each bodily injury caused by disease claim, and $500,000
aggregate for all bodily injuries caused by disease claims. Contractor expressly represents to the
City, as a material representation upon which the City is relying in entering into this Agreement,
that none of the Contractor's officers or employees who may be eligible under any statute or law
to reject Workers' Compensation Insurance shall effect such rejection during any part of the term
of this Agreement, and that any such rejections previously effected, have been revoked as of the
date Contractor executes this Agreement.
G. Commercial General Liability: Contractor shall maintain a
Commercial General Liability insurance policy with limits of $1,000,000 for each occurrence,
$1,000,000 for each personal and advertising injury claim, $2,000,000 products and completed
operations aggregate, and $2,000,000 policy aggregate.
H. Business Automobile Liability: Contractor shall maintain Business
Automobile Liability with limits of $1,000,000 combined single limit applicable to all owned,
hired and non -owned vehicles used in performing services under this Agreement.
I. - 1Vfe- is Professional Liability: Contractor shall maintain limits of
$1,000,000 per claim and $1,000,000 in the aggregate. The policy shall include, but not be
limited to, coverage for libel, slander, infringement of copyright, invasion of the right of privacy,
and unauthorized use of titles, formats, ideas, characters, plots or other material used in the
publication or design.
that:
J. Additional Provisions:
(i)
For Commercial General Liability, the policy must provide the following:
(a) That this Agreement is an Insured Contract under the policy;
(b) Defense costs are outside the limits of liability;
(c) A severability of interests or separation of insureds provision (no
insured vs. insured exclusion); and
(d) A provision that coverage is primary and non-contributory with
other coverage or self-insurance maintained by the City.
(ii) For claims -made coverage: The retroactive date must be on or before the
contract date or the first date when any goods or services were provided to
the City, whichever is earlier
(iii) Contractor shall advise the City in the event any general aggregate or other
aggregate limits are reduced below the required per occurrence limits. At
their own expense, and where such general aggregate or other aggregate
limits have been reduced below the required per occurrence limit, the
Contractor will procure such per occurrence limits and furnish a new
certificate of insurance showing such coverage is in force.
10. REPRESENTATION AND WARRANTY: Contractor represents and warrants
A. All services will be performed by qualified personnel in a professional and
workmanlike manner, consistent with industry standards;
B. all services will conform to applicable specifications and the Exhibits
attached hereto;
11. DEFENSE AND INDEMNIFICATION:
A. Contractor hereby agrees to defend, indemnify, and hold harmless City, its
appointed and elected officials, agents and employees against all actual liabilities, claims,
judgments, suits or demands for damages to persons or property arising out of, resulting from, or
relating to the work performed under this Agreement ("Claims"). unless and until such Claims
have been specifically determined by the trier of fact to be due to the sole negligence or willful
misconduct of the City. This indemnity shall be interpreted in the broadest possible manner to
indemnify-Cit-y for -any -acts -or -omissions -of -Contractor -or -its -sub -contractors its--sub-contractors either -passive or
active, irrespective of fault, including City's concurrent negligence whether active or passive,
except for the sole negligence or willful misconduct of City.
B. Contractor's duty to defend and indemnify City shall arise at the time
written notice of the Claim is first provided to City regardless of whether Claimant has filed suit
on the Claim. Contractor's duty to defend and indemnify City shall arise even if City is the only
party sued by claimant and/or claimant alleges that City's negligence or willful misconduct was
the sole cause of claimant's damages.
C. Contractor will defend any and all Claims which may be brought or
threatened against City and will pay on behalf of City any expenses incurred by reason of such
Claims including, but not limited to, court costs and attorney fees incurred in defending and
investigating such Claims or seeking to enforce this indemnity obligation. Such payments on
behalf of City shall be in addition to any other legal remedies available to City and shall not be
considered City's exclusive remedy.
D. Insurance coverage requirements specified in this Agreement shall in no
way lessen or limit the liability of the Contractor under the terms of this indemnification
obligation. The Contractor shall obtain, at its own expense, any additional insurance that it
deems necessary for the City's protection.
E. This defense and indemnification obligation shall survive the expiration or
termination of this Agreement.
F. To the extent the Contractor is providing software to the City, the
Contractor will, at Contractor's expense, indemnify, defend and hold harmless the City, its
officers, agents and employees from and against any loss, cost, expense or liability (including but
not limited to attorney's fees and awarded damages) arising out of a claim that the software,
services, or their use by the City, infringe, violate or misappropriate a patent, copyright,
trademark, trade secret or other intellectual property or proprietary right of any third party. The
City will promptly notify Contractor in writing of any claim and cooperate with Contractor and
its legal counsel in the defense thereof. In addition to its indemnification obligations, Contractor
may in its discretion (i) contest, (ii) settle, (iii) procure for the City the right to continue using the
Software, or (iv) modify or replace the infringing Software so that it no longer infringes, as long
as the functionality and performance are not degraded as reasonably determined by the City. The
City may participate in the defense of such action at its own expense. If Contractor concludes in
its reasonable judgment that none of the foregoing options are commercially reasonable, then
Contractor will refund a pro rata portion (based on a 5 year straight line depreciation running
from City's final acceptance of the Software) of the Software license fee(s) paid by the City
under this Agreement and reimburse the City for all reasonable expenses for removal and
replacement of the Software.
12. COLORADO GOVERNMENTAL IMMUNITY ACT: The parties hereto
understand and agree that the City is relying upon, and has not waived, the monetary limitations
and all other rights, immunities and protection provided by the Colorado Governmental Act, §
24-10-101, et seq., C.R.S. (2003).
13. TAXES, CHARGES AND PENALTIES: The City shall not be liable for the
payment of taxes, late charges or penalties aLany nature other than -the -compensation stated
herein, except for any additional amounts which the City may be required to pay under D.R.M.C.
§ 20-107 to § 20-115.
14. ASSIGNMENT: The Contractor shall not voluntarily or involuntarily assign any
of its rights or obligations, or subcontract performance obligations, under this Agreement without
obtaining the Manager's prior written consent, except in the case of a sale of the Contractor, or
substantially all the assets of the Contractor. All obligations under this Agreement will be
honored by the acquiring party. Any assignment or subcontracting without such consent will be
ineffective and void, and will be cause for termination of this Agreement by the City. The
Manager has sole and absolute discretion whether to consent to any assignment or
subcontracting, or to terminate the Agreement because of unauthorized assignment or
subcontracting. In the event of any subcontracting or unauthorized assignment: (i) the
Contractor shall remain responsible to the City; and (ii) no contractual relationship shall be
created between the City and any sub -consultant, subcontractor or assign.
15. NO THIRD PARTY BENEFICIARY: Enforcement of the terms of the
Agreement and all rights of action relating to enforcement are strictly reserved to the parties.
Nothing contained in the Agreement gives or allows any claim or right of action to any third
person or entity. Any person or entity other than the City or the Contractor receiving services or
benefits pursuant to the Agreement is an incidental beneficiary only.
16. NO AUTHORITY TO BIND CITY TO CONTRACTS: Contractor has no
authority to bind the City on any contractual matters. Final approval of all contractual matters
that purport to obligate the City must be executed by the City in accordance with the City's
Charter and the Denver Revised Municipal Code.
17. AGREEMENT AS COMPLETE INTEGRATION -AMENDMENTS: This
Agreement, including any exhibit attached hereto (each of which is specifically incorporated
herein) is intended as the complete integration of all understandings between the parties. No
prior contemporaneous or subsequent addition, deletion, or other amendment hereto shall have
any force or effect, unless embodied herein in writing, and executed in the same manner as this
Agreement.
18. SEVERABILITY: The parties agree that if any provision of this Agreement or
any portion thereof is held to be invalid, illegal, or unenforceable by a court of competent
jurisdiction, the validity of the remaining portions or provisions shall not be affected.
19. CONFLICT OF INTEREST:
A. No employee of the City shall have any personal or beneficial interest in
the services or property described in the Agreement. The Contractor shall not hire, or contract
for services with, any employee or officer of the City that would be in violation of the City's
Code of Ethics, D.R.M.C. §2-51, et seq. or the Charter §§ 1.2.8, 1.2.9, and 1.2.12.
B. The Contractor shall not engage in any transaction, activity or conduct
that would result in a cnnflictof interest under -the Agr-eemenx Th Contractor --represents that -it
has disclosed any and all current or potential conflicts of interest. A conflict of interest shall
include transactions, activities or conduct that would affect the judgment, actions or work of the
Contractor by placing the Contractor's own interests, or the interests of any party with whom the
Contractor has a contractual arrangement, in conflict with those of the City. The City, in its sole
discretion, will determine the existence of a conflict of interest and may terminate the Agreement
if it determines a conflict exists, after it has given the Contractor written notice describing the
conflict.
20. NOTICES: All notices required by the terms of the Agreement must be hand
delivered, sent by overnight courier service, mailed by certified mail, return receipt requested, or
mailed via United States mail, postage prepaid, if to Consultant at the address first above written,
and if to the City at:
Chief Information Officer or Designee
201 West Colfax Avenue, Dept. 301
Denver, Colorado 80202
With a copy of any such notice to:
Denver City Attorney's Office
1437 Bannock St., Room 353
Denver, Colorado 80202
Notices hand delivered or sent by overnight courier are effective upon delivery. Notices sent by
certified mail are effective upon receipt. Notices sent by mail are effective upon deposit with the
U.S. Postal Service. The parties may designate substitute addresses where or persons to whom
notices are to be mailed or delivered. However, these substitutions will not become effective
until actual receipt of written notification.
21. DISPUTES: All disputes of whatever nature between the City and Contractor
regarding this Agreement shall be resolved by administrative hearings pursuant to the procedure
established by Denver Revised Municipal Code, § 56-106(b), et seq. For the purposes of that
procedure, the City official rendering a final determination shall be the City representative
identified in Paragraph 1 hereof.
22. GOVERNING LAW; VENUE: The Agreement will be construed and enforced
in accordance with applicable federal law, the laws of the State of Colorado, and the Charter,
Revised Municipal Code, ordinances, regulations and Executive Orders of the City and County
of Denver, which are expressly incorporated into the Agreement. Unless otherwise specified,
any reference to statutes, laws, regulations, charter or code provisions, ordinances, executive
orders, or related memoranda, includes amendments or supplements to same. Venue for any
legal action relating to the Agreement will be in the District Court of the State of Colorado,
Second Judicial District (Denver District Court). .
23. NO DISCRIMINATION IN EMPLOYMENT: In connection with the
performance of work under this contract, the Contractor may not refuse to hire, discharge,
promote or demote, or discriminate in matters of compensation against any person otherwise
giialified, solely because of race, colnr, religion, national r-igin, gender, a e,-ml-litary--stags,
sexual orientation, gender identity or gender expression, marital status, or physical or mental
disability. The Contractor shall insert the foregoing provision in all subcontracts.
24 NO EMPLOYMENT OF ILLEGAL ALIENS TO PERFORM WORK
UNDER THE AGREEMENT:
A. This Agreement is subject to Division 5 of Article IV of Chapter 20 of the
Denver Revised Municipal Code, and any amendments (the "Certification Ordinance").
B. The Contractor certifies that:
(i) At the time of its execution of this Agreement, it does not
knowingly employ or contract with an illegal alien who will perform work under this Agreement.
(ii) It will participate in the E-Verify Program, as defined in § 8-17.5-
101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement.
C. The Contractor also agrees and represents that:
(i) It shall not knowingly employ or contract with an illegal alien to perform
work under the Agreement.
(ii) It shall not enter into a contract with a subconsultant or
subcontractor that fails to certify to the Contractor that it shall not knowingly employ or contract
with an illegal alien to perform work under the Agreement.
(iii)It has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under this Agreement, through participation in
either the E-Verify Program.
D. It is prohibited from using either the E-Verify Program procedures to
undertake pre -employment screening of job applicants while performing its obligations under the
Agreement, and it is required to comply with any and all federal requirements related to use of
the E-Verify Program including, by way of example, all program requirements related to
employee notification and preservation of employee rights.
E. If it obtains actual knowledge that a subconsultant or subcontractor
performing work under the Agreement knowingly employs or contracts with an illegal alien, it
will notify such subconsultant or subcontractor and the City within three (3) days. The
Contractor shall also terminate such subconsultant or subcontractor if within three (3) days after
such notice the subconsultant or subcontractor does not stop employing or contracting with the
illegal alien, unless during such three-day period the subconsultant or subcontractor provides
information to establish that the subconsultant or subcontractor has not knowingly employed or
contracted with an illegal alien.
F. It will comply with any reasonable request made in the course of an investigation
by the Colorado Department of Labor and Employment under authority of § 8-17.5-102(5),
C.R.S., or the City Auditor, under authority of D.R.M.C. 20-90.3.
G. The Contractor is liable for any violations as provided in the Certification
Ordinance. If Contractor violates any provision of this section or the Certification Ordinance,
the City may terminate this Agreement for a breach of the Agreement. If the Agreement is so
terminated, the Contractor shall be liable for actual and consequential damages to the City. Any
such termination of a contract due to a violation of this section or the Certification Ordinance
may also, at the discretion of the City, constitute grounds for disqualifying Contractor from
submittinghids or proposals for --future contracts with_the-City. -
25. CONFIDENTIAL INFORMATION; OPEN RECORDS:
A. City Information: "Proprietary Data" shall mean any materials or
information which may be designated or marked "Proprietary' or `'Confidential", or which
would not be documents subject to disclosure pursuant to the Colorado Open Records Act or
City ordinance, and provided or made available to Contractor by the City. Such Proprietary Data
may be in hardcopy, printed, digital or electronic format. Contractor acknowledges and accepts
that, in performance of all work under the terms of this Agreement, Contractor may have access
to Proprietary data or Confidential Information that may be owned or controlled by the City, and
that the disclosure of such Proprietary Data or Confidential Information may be damaging to the
City or third parties. Contractor agrees that all Proprietary Data, Confidential Information or any
other data or information provided or otherwise disclosed by the City to Contractor shall be held
in confidence and used only in the performance of its obligations under this Agreement.
Contractor shall exercise the same standard of care to protect such Proprietary Data and
Confidential Information as a reasonably prudent contractor would to protect its own proprietary
or confidential data.
B. Use and Protection of Proprietary Data or Confidential Information:
(a) Except as expressly provided by the terms of this Agreement,
Contractor agrees that it shall not disseminate, transmit, license, sublicense, assign, lease,
release, publish, post on the interne, transfer, sell, permit access to, distribute, allow interactive
rights to, or otherwise make available any data, including Proprietary Data or Confidential
Information or any part thereof to any other person, party or entity in any form of media for any
purpose other than performing its obligations under this Agreement. Contractor further
acknowledges that by providing data, Proprietary Data or Confidential Information, the City is
not granting to Contractor any right or license to use such data except as provided in this
Agreement. Contractor further agrees not to disclose or distribute to any other party, in whole or
in part, the data, Proprietary Data or Confidential Information without written authorization from
the Manager and will immediately notify the City if any information of the City is requested
from the Contractor from a third party.
(b) Contractor agrees, with respect to the Proprietary Data and
Confidential Information, that: (1) Contractor shall not copy, recreate, reverse engineer or
decompile such data, in whole or in part, unless authorized in writing by the Manager; (2)
Contractor shall retain no copies, recreations, compilations, or decompilations, in whole or in
part, of such data; and (3) Contractor shall, upon the expiration or earlier termination of the
Agreement, destroy (and, in writing, certify destruction) or return all such data or work products
incorporating such data or information to the City.
(c) Contractor shall develop, implement, maintain and use appropriate
administrative, technical and physical security measures to preserve the confidentiality, integrity
and availability of all electronically maintained or transmitted data received from, or on behalf of
City. —It -is the-responsibilit-y-of the Qontractnr to ensure that all-possible--measures-have-been
taken to secure the computers or any other storage devices used for City data. This includes
industry accepted firewalls, up-to-date anti -virus software, controlled access to the physical
location of the hardware itself.
C. Employees and Sub -Contractor: Contractor will inform its employees
and officers of the obligations under this Agreement, and all requirements and obligations of
Contractor under this Agreement shall survive the expiration or earlier termination of this
Agreement. Contractor shall not disclose Proprietary Data or Confidential Information to
subcontractors unless such subcontractors are bound by non -disclosure and confidentiality
provisions at least as strict as those contained in this Agreement.
D. Disclaimer: Notwithstanding any other provision of this Agreement, the
City is furnishing Proprietary Data and Confidential Information on an "as is" basis, without any
support whatsoever, and without representation, warranty or guarantee, including but not in any
manner limited to, fitness, merchantability or the accuracy and completeness of the Proprietary
Data or Confidential Information. Contractor is hereby advised to verify its work. The City
assumes no liability for any errors or omissions herein. Specifically, the City is not responsible
for any costs including, but not limited to, those incurred as a result of lost revenues, loss of use
of data, the costs of recovering such programs or data, the cost of any substitute program, claims
by third parties, or for similar costs. If discrepancies are found, Contractor agrees to contact the
City immediately.
E. Contractor's Information: To the extent applicable in this Agreement,
the City understands and agrees that the Contractor's software and documentation including, but not
limited to, source code, object code, the interface requirements document(s), acceptance test
procedures, the Statement of Work, the software design, structure and organization, software
screens, the user interface and the engineering know-how implemented in the software (collectively
"Contractor Confidential Information") may constitute the valuable properties and trade secrets of
Contractor, embodying substantial creative efforts which are secret, confidential, and not generally
known by the public, and which secure to Contractor a competitive advantage. The City agrees
during the term of this Agreement and any license granted hereunder, and thereafter, to hold the
Contractor Confidential Information including any copies thereof and any documentation related
thereto, in strict confidence and to not permit any person or entity to obtain access to it except as
required for the City's exercise of the license rights granted hereunder, and except as required by the
parties understand that all the material provided or produced under this Agreement may be
subject to the Colorado Open Records Act., § 24-72-201, et seq., C.R.S. In the event of a request
to the City for disclosure of such information, the City shall advise Contractor of such request in
order to give Contractor the opportunity to object to the disclosure of any of its Contractor
Confidential Information and take necessary legal recourse. In the event of the filing of a lawsuit
to compel such disclosure, the City will tender all such material to the court for judicial
determination of the issue of disclosure and Contractor agrees to intervene in such lawsuit to
protect and assert its claims of privilege against disclosure of such material or waive the same.
Contractor further agrees to defend, indemnify and save and hold harmless the City, its officers,
agents and employees, from any claim, damages, expense, loss or costs arising out of
Contractor's intervention to protect and assert its claim of privilege against disclosure under this
—Article-including but -not timit€d to, prompt -reimbursement -to -the -City of all --reasonable attorney
fees, costs and damages that the City may incur directly or may be ordered to pay by such court.
26. LEGAL AUTHORITY:
A. Contractor assures and guarantees that it possesses the legal authority,
pursuant to any proper, appropriate and official motion, resolution or action passed or taken to
enter into this Agreement.
B. The person signing and executing this Agreement on behalf of Contractor
does hereby warrant and guarantee that he has been fully authorized by Contractor to execute
this Agreement on behalf of Contractor and to validly and legally bind Contractor to all the
terms, performances and provisions herein set forth.
C. The City shall have the right, at its option, to either temporarily suspend or
permanently terminate this Agreement, if there is a dispute as to the legal authority of either
Contractor or the person signing the Agreement to enter into this Agreement.
27. NO CONSTRUCTION AGAINST DRAFTING PARTY: Each of the Parties
acknowledge that they and their respective counsel have had the opportunity to review this
Agreement, and that this Agreement shall not be construed against any party merely because this
Agreement or any of its provisions have been prepared by a particular party.
28. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE: In the event of
any conflicts between the language of this Agreement and the exhibits, the language of the
Agreement shall control
29. SURVIVAL OF CERTAIN PROVISIONS: The parties understand and agree
that all terms and conditions of this Agreement together with the exhibits and attachments hereto
which, by reasonable implication, contemplate continued performance or compliance beyond the
termination of this Agreement (by expiration of the term or otherwise) shall survive such
termination and shall continue to be enforceable as provided herein. Without limiting the
generality of the foregoing, the Contractor's obligations for the provision of insurance and to
indemnify the City shall survive for a period equal to any and all relevant statutes of limitation,
plus the time necessary to fully resolve any claims, matters, or actions begun within that period.
30. INUREMENT: The rights and obligations of the parties herein set forth shall
inure to the benefit of and be binding upon the parties hereto and their respective successors and
assigns permitted under this Agreement.
31. TIME IS OF THE ESSENCE: The parties agree that in the performance of the
terms, conditions, and requirements of this Agreement, time is of the essence.
32. FORCE MAJEURE: Neither party shall be responsible for failure to fulfill its
obligations hereunder or liable for damages resulting from delay in performance as a result of war,
fire, strike, riot or insurrection, natural disaster, unreasonable delay of carriers, governmental order
or regulation,_complete or-partialshutdown-ofplant,-unreasonable-unavailabil-i-ty-of-equipment--or
software from suppliers, default of a subcontractor or vendor (if such default arises out of causes
beyond their reasonable control), the actions or omissions of the other party or its officers, directors,
employees, agents, vendors or elected officials and/or other substantially similar occurrences
beyond the party's reasonable control ("Excusable Delay") herein. In the event of any such
Excusable Delay, time for performance shall be extended for a period of time as may be reasonably
necessary to compensate for such delay.
33. PARAGRAPH HEADINGS: The captions and headings set forth herein are for
convenience of reference only, and shall not be construed so as to define or limit the terms and
provisions hereof.
34. CITY EXECUTION OF AGREEMENT: This Agreement is expressly subject
to and shall not be or become effective or binding on the City until it has been fully executed by
all signatories of the City and County of Denver.
35. COUNTERPARTS OF THIS AGREEMENT: This Agreement may be
executed in counterparts, each of which shall be deemed to be an original of this Agreement.
36. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS:
Contractor consents to the use of electronic signatures by the City. The Agreement, and any
other documents requiring a signature hereunder, may be signed electronically by the City in the
manner specified by the City. The Parties agree not to deny the legal effect or enforceability of
the Agreement solely because it is in electronic form or because an electronic record was used in
its formation. The Parties agree not to object to the admissibility of the Agreement in the form
of an electronic record, or a paper copy of an electronic document, or a paper copy of a
document bearing an electronic signature, on the ground that it is an electronic record or
electronic signature or that it is not in its original form or is not an original.
EXHIBITS
A -SCOPE OF WORK
B-CERTIFICATE OF INSURANCE
Contract Control Number: TECHS-201843887-00
Contractor Name: VITAC CORPORATION
IN WITNESS WHEREOF, the parties have set their hands and affixed their seals at
— --Denver, Colorado -as -of September--282018.
SEAL
ATTEST:
Debra Johnson, Clerk and Recorder,
Ex-Officio Clerk of the City and
County of Denver
APPROVED AS TO FORM:
Attorney for the City and County of
Denver
By
Steven J. Hahn, Assistant City
Attorney
CITY AND COUNTY OF DENVER
anion DEPUTY
MAYOR, Deputy Mayor
REGISTERED AND COUNTERSIGNED:
By %//, `..M1!?M
Beth Machann, City Controller
By tf U
Timothy M. O' fien, Auditor
111111111 111111111 11111111111 111 11111111111111111111 111111 111
Contract Control Number: TECHS-201843887-00
Contractor Name: VITAC CORPORATION
By:
Name: G /4i6y
(please print)
Title: �.'Fr=
(please print)
ATTEST: [if required]
By:
Name:
Title:
(please print)
(please print)
11111111111 lIlIlIlIlIll IJIIIIIIIIII IlIlIlIlI IlIlIlIlIlIll 1111111
SCOPE OF WORK AND TECHNICAL REQUIREMENTS
A. DEFINITIONS:
1) Captioning - A word-for-word representation of the event dialogue.
2) Emergency Productions: Real-time captioning productions scheduled with less than 48 hours'
notice.
3) Off-line captioning. transcription servires_for pre-recorded and past=production_ programs.
4) Real-time Captioning: Captions that are created as live event takes place with a lapse time of no
more than five (5) seconds.
B. BACKGROUND
This project is the City's response to a 2017 City and County of Denver agreement with the U.S.
Department of Justice (DOJ). The service engaged in this contract will help the City meet its obligation
to provide closed caption text to a variety of video products produced by the City, including live meeting
coverage, video programming, and video clips.
Federal law regarding the Americans with Disability Act (ADA) is currently interpreted in the City's
agreement with the DOJ to require closed captioning of all videos provided online.
C. INTRODUCTION:
The contractor shall provide live real-time captioning and off-line captioning as needed for video
programming emanating from distribution on Denver 8 TV. This programming is produced by Denver
Marketing and Media Services (DMMS). All City videos appear online as Comcast CH(s) 8, 880 and
CenturyLink CH 8006, on www.Denver8.TV, www.DenverGov/Denver8online, YouTube, and
Facebook. Captioning services are to be both for live broadcasts, meeting coverage, and for pre-
arranged scheduled replays of specific pre -produced programs.
D. REAL TIME CAPTIONING
Contractor will provide NCRA-certified captioners who caption at an accuracy rate above 95%.
Captions shall match the spoken dialogue and consist of proper spelling, spacing, capitalization with
mixed case text and punctuation. Contractor shall comply with all FCC Caption Quality Best Practices
for accuracy, synchronicity, completeness, and placement. Service experts will be available 24
hours/day, 365 days/year for operational support for scheduling, last minute emergency and online
ordering assistance, and technical assistance for captioning.
The Contractor will provide the captioners with a checklist for the assignments, which fully describes
the specific assignment, contact names and numbers, technical details and troubleshooting information.
The City requires the following production(s) to be captioned in Real-time. This does not preclude other
productions from being added to this list.
The contractor will provide continuous captioning throughout the event, until the completion of the
production.
1) Denver City Council regularly scheduled weekly meetings
2) Denver City Council regularly scheduled Committee Meetings (multiple per week)
3) Denver Planning Board (twice monthly)
4) Independent Audit Committee monthly meetings
5) Other Regular Productions that may be a part of the routine coverage schedule. To be
determined by City personnel, with a minimum advance notification for coverage of 48 hours
to contractor.
6) Other Occasional Programs produced and completed prior to the actual time of the scheduled
cablecast and captioned in real= i ne-during-cablecast. -'i� oved etermined--by-Gity-personnel,
with pre -determined scheduled or a minimum advance notification for coverage of 48 hours
to vendor.
7) Urgent and/or Emergency production will be initiated by City personnel for productions
arising outside of regularly scheduled hours. The Contractor will make every effort to provide
emergency caption services within two (2) hours of notification from the City.
8) Provide a separate off-line captioning service for pre -produced finished programs submitted
with advanced planning and necessary supportive materials.
The hours of live captioning are estimated to be 14-22 hours per week; Sunday through Saturday, from
12:00 A.M. to 11:59 P.M., Mountain Time. Maximum monthly captioning is estimated at 88-100 hrs. A
current list of real-time captioned productions, production frequency and average hours is attached as
Exhibit C.
The contractor will caption the live programming of the City's municipal cablecast(s) using preferred
current technology; which may apply an audio feed sent via IP to a steno-captioner and from the steno-
captioner to deliver captions into a closed caption encoder. A modem may be used as a backup
redundancy which may apply an audio feed sent via telephone to a steno-captioner and a separate
telephone line from the steno-captioner to deliver captions into a closed caption encoder via modem
located at the City's Denver 8 facility. The City will provide required telephone lines as necessary.
The Captioner will listen -in or view the cablecast at prearranged/pre-determined times. If the assigned
Captioner is unable to connect with the audio feed, another Captioner is required to fill in within [10]
minutes.
Contractor shall ensure that the City is always on the air with captions, create redundancies and
duplication for each of the captioners and their facility. Should a captioner experience equipment issues
or power failure, Contractor's on -site power back-up provides a minimum of 15 minutes of continued
service allowing the 24/7 operations team time to assign a replacement captioner for seamless transition
and uninterrupted service.
Contractor's captioners are connected via secure IP-delivery to redundant technical facilities, where
their output is monitored as it is transmitted to the customer. The monitoring device, called B2B for
"back-to-back." allows captioners to caption back-to-back over long periods of time without ever
dropping the connection or missing captions.
If the contractor loses the audio feed, they shall immediately contact the City at a number provided/
identified by the City.
The contractor will provide captioning until the end of the production or until notified by City personnel
that their service is no longer required for that production. Contractor's assigned captioners shall sign -in
at least 10 minutes prior to the scheduled start time and will continue to provide captioning until the
event's conclusion, regardless of whether it runs longer than the scheduled time.
Real-time is defined as: "real time captioning". therefore the City will accept a lapse time of no more
than five (5) seconds. Realtime English and Spanish captioning is performed continuous and until the
end of the program for dialogue of 225-250 words per minute.
The Contractor and the City shall work together to develop a procedure for the delivery of a pre-
arranged schedule and other work orders via email or other agreed upon mechanism from the City.
The city will make every reasonable effort to schedule events at least 48 hours in advance of production.
Adjustments to this schedule can be made after the fact.
Urgent and/or Emergency productions may be initiated by City personnel for productions arising outside
of regularly scheduled hours. Contractor shall make every reasonable effort to accommodate emergency
broadcast needs. For emergency scheduling that is needed for same day contractor will apply a 50% rate
increase.
Caption style is per City specifications. Real-time Captioning caption size and placement should be
flexible as to where it is placed on the screen.
E. OFF-LINE CAPTIONING
Contractor agrees to provide off-line captioning for select productions in a timely fashion within the
parameters described below.
Offline captions shall be 99.99% accurate and verified by the Contractor for quality assurance by at least
one manager or supervisor before they are sent.
All off-line captioning work is to be completed at the Contractor's site and according to agreed -upon
time of completion and delivery. Contractor will supply the City with a secure FTP site for file
transmission.
Turnaround time for off-line captioning of a file shall be 3 business days. Off-line captioning may at
times require a tight timeline and quick turnaround. Contractor shall accommodate rush turnaround
should the City require it. Contractor agrees to rush an order for offline captioning for 50% rate fee
upcharge for same day to 24-hour turnaround. If the City needs things done sooner than 3 business
days, the Contractor recommends that the City contact the Project Manager at VITAC — Dave Battinieri
- who can assist with quick turnarounds.
The contractor shall insure that all off-line captioning will be guaranteed, that all captions will be
according to the City's satisfaction, and all productions will be recorded on broadcast quality media to
the City's specifications.
Caption style is per City specifications. Off-line Caption placement may be determined by content and
may be determined on a case -by -case basis. Contractors' captions for prerecorded programming meet
FCC offline captioning requirements-and_are offered -in -three -styles:
• Roll -up: All dialogue, sound effects, and lyrics appear as 2 or 3 lines of text placed in a fixed
position at the bottom or top of the screen, depending on graphics
• Pop -on: All dialogue, sound effects, and lyrics can appear anywhere on screen — top, bottom,
left, right, center. Dialogue appears below, above or next to the person speaking, while all sound effects
and lyrics are placed in the centered position.
• Pop -Center: All dialogue, sound effects and lyrics appear in a fixed, centered position at the
bottom or top of the screen, depending on graphics
F. FOREIGN LANGUAGE SUPPORT
The Contractor must have the capability to caption foreign -language productions and technical language
productions and shall furnish a list of all available languages upon request.
Contractor will provide real-time simultaneous captioning in English and/or Spanish as requested by the
City. Each event may be ordered with English only, Spanish only, and simultaneous English and
Spanish. For events where simultaneous Spanish captioning is requested, Contractor will provide an
English to Spanish interpreter to provide real-time Spanish captioning.
As there are no effective Spanish captioners than can maintain 250 words per minute at 98% accuracy
that hear the original dialogue in one language and interpret plus caption in another language, the
Contractor will use a language interpreter. For any other desired foreign language including Vietnamese,
Cantonese, Tagalog and Mandarin, Contractor will provide captioning for these languages with off-line,
post -production captioning from the City's recorded audio. Turnaround time for foreign language
captioning files (.smi) and foreign language text files (.docx) shall be 3 business days. If a rush job is
required, the Contractor will work with the City to accommodate the request to the best of its ability.
G. CAPTIONER SPECIFIC REQUIREMENTS
All Contractor's captioners shall pre -load determined dictionaries, provided by the City, for increased
quality and accuracy of the captions.
The City agrees that dictionary preparation with words, terms, jargon and proper names will be provided
to the Contractor's captioner for preparation as available.
The Contractor welcomes any and all prep material for upcoming events such as agendas, names of
participants, a list of commonly used terms, etc. Any prep material will be used by the scheduled
captioners to load into their dictionaries for increased quality and accuracy of the captions. Contractor
shall caption events where there is no prep material provided, however anything that is provided by the
City is helpful to ensure a better flow with quality and accuracy. The City will send materials in as soon
as possible to give time for the captioners to load anything into their dictionaries. This material can be
sent to prep@vitac.com along with the event ID number that will be provided to the City upon
scheduling.
The Contractor will provide their captioners with the technical tools/software necessary to perform
captioning tasks; e.g, computers with dictionaries [and a third line or cellular phone for troubleshooting,
should the need arise].
If the City or Contractor identifies a captioner that is not meeting standards, Contractor work with that
captioner to reach and exceed those standards. If unable to achieve quality expectations, that captioner
will be removed from the City's team of assigned staff and replaced with another qualified individual.
At the City's request, Contractor will remove an underperforming captioner from the City's projects and
replace them with another qualified individual.
H. SCHEDULING
The Contractor will contact the City municipal cablecast scheduling coordinator to obtain regularly
scheduled assignments. City personnel will contact the Contractor as necessary to modify, alter the
schedule or arrange other captioning assignments.
The hours of live captioning generally occur during standard business hours but may occur at any time
during cablecast hours that are currently scheduled from 8 AM to 11:30 p.m., seven days per week.
Some events may begin during these standard hours and extend into after-hours as required by the event
organizers. The Contractor will provide continuous captioning throughout the event until the completion
of the production.
The City requires the right to add or remove productions to the captioning plan on an as needed basis.
Contractor will not charge any cancellation or modification fees.
Contractor will provide the City with an individual SSL-secure ordering site for scheduling events using
a unique log -in and pass code. Events requested with 48 hours or more advance notice are guaranteed
for coverage. Events requested with less than 48 hours or more advance notice are covered using best
efforts with reasonable commercial practices.
Contractor agrees to have sufficient staff to start and complete any scheduled captioning session without
interruption.
I. HARDWARE
Contractor can work with any and all captioning equipment.
To receive program audio, Contractor can connect to any off -the -shelf audio coupler, preferably auto -
answer and using a dedicated phone line.
Most streaming systems receive captioning data direct from the encoder, but if necessary, Contractor can
access the separate stream that is currently being displayed on the City's website.
The-major-ity-of-the-equipment-will-be-located-i_n-thP DMMS T it, Core -at -the -City -and -County Building
(CCB) located at 1437 Bannock Street Room 054, Denver, CO. The equipment is maintained by a
DMMS Video Engineer.
The City will provide onsite:
a. Processor/Encoder that meets technical specifications as provided by Contractor.
b. IP connectivity to encoder, so that captioner could send live captions directly to it.
c. Two (2) telephone lines for use in the captioning process as required; one will be connected to
the equipment and the other shall be used as backup.
d. Toll -free audio phone number for captioning call -in and/or conference bridge
e. Phone Interface that meets technical specifications as provided by Contractor.
f. Video Engineer to maintain and troubleshoot equipment located with City and County of
Denver.
g. Participant list and available prep material
The City does not currently own any captioning equipment. While Contractor can help the city with
recommendations with encoders and audio lines it does not sell or distribute this equipment. Contractor
will work hand in hand with the City to ensure they get the necessary equipment.
The Contractor will provide all caption origination equipment, software and dial -up systems. The
captioners all rely on the following equipment, provided and managed by the Contractor's systems
department:
• 1 - Computer
• 1 - LCD monitor
• 1 - Broadband Internet router to enable secure IP Caption delivery and audio video streaming
• [3] - POTS phone lines, 2 for caption delivery, 1 for audio
• 2 - Modems for caption delivery via POTS lines
• 1 - Audio coupler for audio delivery via POTS line
• 1 - Amplified speaker for audio
• 1 - Audio switches to enable changing audio sources with a quick press of a button
• 1 - Battery backup UPS to enable surge protection and system uptime in the event of a power
failure for up to 30 minutes
J. VIDEO STREAMING
The City has the non-exclusive right, license and authority to distribute programming throughout the
Internet and intranet.
The City has the non-exclusive right, license and authority to make copies of productions and to
distribute such copies throughout the universe. The City may continue to distribute such copies in
perpetuity, even after termination of this contract. The Contractor is held harmless for uses of captioned
video by the City.
K. CAPTIONING PROCESS AND DELIVERY
Contractor shall monitor the video signal streamed live online and the audio signal by phone line.
Contractor uses real-time captioners capable of 225-250 words per minute producing highly accurate
near -verbatim text exceeding 95% accuracy. Captions shall match the spoken words. Accuracy
includes spelling, grammar, spacing, mixed case, capitalization and punctuation..
Captioning coincides with the corresponding spoken word with a delay of between 3 and 10 seconds
latency or delay.
Captioning for City events runs from the beginning through the conclusion of the meeting, even if it runs
longer than scheduled. Real-time captioners connect at least 10 minutes before the start of the meeting
and stay on until conclusion.
L. TRANSCRIPTS AND DELIVERY
An unedited text transcript shall be made available to the City to download directly to a computer
desktop immediately at the conclusion of each meeting without additional steps or process. For any
event where the transcript wasn't retrieved, the Contractor shall place the transcript into a password
protected Dropbox, a password protected FTP folder or can e-mail it to the City's contact of record as
requested by the City.
Caption transcript file formats, both edited and unedited, include .docx and .smi, or equivalent. Caption
transcripts, both edited and unedited, are available for an additional fee in multiple other formats and as
provided in the pricing schedule:
• .srt • DV
• .mov/.qt • DVCam
• .fly (Flash) • Betacam SP
• .cc/.scc (DVD authoring) • DigiBeta
Transcripts are a word-for-word representation of the event dialogue or recording.
Transcripts are maintained on the Contractor's system for five years or longer and there is no charge to
retrieve and provide the unedited captioning transcript at the City's request exceeding RFP
requirements.
Edited transcripts, time -coded caption files and transcripts from pre-recorded projects are available for
any event. Edited transcripts can be provided in Word (.docx) format or other format as requested by the
City. Accuracy will exceed 99.9%.
Time -coded caption files in .smi, .srt, .asc, .cc, .flv, .qt and other formats can be provided as desired. The
unedited time -coded captioner's transcript follows a real-time captioning standard of exceeding 95%
accuracy. -Edited -time -coded caption file-accuracy-exceeds-99 9% and-time--stamps--are within --one
second of the spoken dialogue.
The Contractor will provide an electronic transcript of each production to the City. This transcript is to
be submitted to the City in a manner and time -frame determined by mutual agreement. Contractor will
offer an unedited raw transcript that can be immediately downloaded at the conclusion of every event.
As necessary, Contractor will work with the City to develop a procedure where the transcript will be
uploaded to the City's FTP folder and available for download at any time.
M. SUBCONTRACTORS
Contractor will not use subcontractors for any of this work.
EXHIBIT A
PRICING
The proposed pricing is to be an hourly rate that must cover any miscellaneous costs incurred in the
providing of this service. These costs may include but are not limited to the Captioner's time,
preparation time, long distance charges, administrative staff and facilities, telephone rate charges.
Real Time (Live) Captioning Services
Item
Description
Flat fee Hourly Rate
1
Time: 8:00 A.M. — 11:59 P.M. Mountain Time —
Sunday through Saturday
$83.50
2
Time: 12:00 A.M. — 8:00 A. M. Mountain Time
— Sunday through Saturday
$88.00
Off line Captioning Services
Item
Description
Flat fee Hourly
Rate
Estimated number of words
captioned per hour (optional)
3
Services provided at Captioner's site within a
specified time — English
$240
Rate based on length of file
not length to produce
4
Foreign Language Services provided at
Captioner's site within a specified time - Spanish
$400 + $.12 per
translated word
Rate based on length of file
not length to produce
5
Foreign Language Services provided at
Captioner's site within a specified time — All Other
languages
Dependent upon
chosen language
and turnaround —
will be price on a
project by project
basis
6
Emergency services to occur with under two (2)
hours request
$125
Required Equipment
Item
Description
Price
N/A
N/A
N/A
N/A
EXHIBIT B
MULTI -LANGUAGE SERVICES
Video programmers and producers turn to VITAC for accurate translation, flawless timing and quick turnaround.
OUR TEAM OF EXPERT CAPTIO ERS AND SUBTITLERS INCLUDE:
• EML experts: Skilled English captioners who create the original English Master List.
• Translators: Native speakers also fluent in English populate the timed EML file with their translations.
• QC Experts: Native speakers. fluent in English and skilled at the timing subtitles.
• Reviewers: Native language subtitle experts who review and render final files.
Our expertise spans a wide range of subjects - from corporate rebranding to online training videos. from the latest movie
release to internationally distributed TV networks. VITAC's Multi -Language Subtitling team are experts at translation
and the creation of captions and subtitles in over 50 languages for niche customers including. but not limited to:
• English(UK) • Bulgarian • Lithuanian
• Spanish (Latin American) • Croatian • Norwegian
• Spanish (Castilian) • Czech • Polish
• French (Canadian) • Danish • Romanian
• French (Parisian) • Dutch • Russian
• Italian • Estonian •• Serbian
• German • Farsi • Slovak
• Portuguese (Brazilian) • Finnish • Slovenian
• Portuguese (Continental) • Greek • Swahili
• Chinese (Mandarin Simplified) • Hebrew • Swedish
• Chinese (Mandarin Traditional) • Hindi • Tagalog
• Chinese (Cantonese) • Hungarian •
• Thai
• Arabic • Icelandic • Turkish
• Bahasa - Malay • Japanese • Urdu
• Bosnian • Korean • Vietnamese
Production Rea(
Time Programming
Estimates
EXHIBIT C
Pgm Hrs / #Pgms
Igth Frequency planned
(hrs) year / year
ArtScene+ 0.5 1/month 6 12
Independent Audit Cmte 2 1 /r :n:n 24 12
Budget Hearings 1.5 15,j var 22.5 15
Citizen Oversight Board 1.5 4
Council Cmte Meetings 1.5 „,:-.k 43.5 269
Council Wkly Legis Mfg 3 1!w e :. 144 48
Council Weekly Opens* 0.1 1';,eek 4.3 48
Community/Public 2 10/year 20 10
Policy Meetings
CPD Planning Board 3 2/month 72 24
Denizen (new show)+ 0.5 limonth 6 12
Denver District 0.5 1/month 6 12
Attorney's Office
Denver Loft Sessions+
Denver This Week*
Mayor -Council Mtgs
Mayor's Office
Ancmts / Greetings
Mayor's Press Events
Promos/PSAs
Red Rocks Premieres
0.5 2/month 12 24
0.1 1!week 4.8 48
0.5 1/week 24 48
0.25 2/month 6.5 26
0.5 2/month
0.02 7/month
0.5 1/month
12 24
1.6 80
6 12
TOTAL: 781.7
EXHIBIT D
A. Technical support, testing and project management
VITAC is staffed 24/7/365 by a team of engineers and production coordinators dedicated to on -air event
continuity Our technical support_helpdesk—hotline, 800-590-4197 will _always be answered by -a
captioning expert familiar with the City's process. Prior to the start of the new contract, we will perform
all desired testing to demonstrate our ability to perform remote (off -site) realtime captioning.
Dave Battinieri is the Project Account Manager for VITAC and is in charge of the project on all matters
related to service and our agreement for services. Direct: 267.822.7834
Debra Hammond, Director of Client Services, is service manager for VITAC and is in charge of the
day-to-day performance of our offline captioning center in Canonsburg PA. Main: 800.278.4822
David Suppes, Senior Manager of Realtime Services, is service manager for VITAC and is in charge of
the day-to-day performance of our captioning center in Greenwood Village CO. Direct: 303.468.4705
Josh Dollaghan is the Client On -Boarding Service Engineer and will initially work with the City to
provide all up -front technical support and testing needed. Direct: 720.482.8460
Dan Wray is the Lead Customer Support Representative for ongoing support, testing new applications,
modifying existing applications and equipment support. Direct: 303.468.4692
B. Qualifications of key personnel and captioners
In addition to the staff listed previously under Technical Support and Testing, we are pleased to have the
following key team members supporting our company and captioning clients. With brief bios:
a
Ted Collins, Chief Technology Officer
Ted is a highly regarded senior technology executive who has worked in leading edge
high-technology companies where he has built, led, acquired and developed world class
systems and solutions. Ted's career experience includes executive leadership with
Playrific.com, InterAct Public Safety, MissionMode Solutions, Divine Interventures,
OpinionWare, and Platinum Technologies. He was issued US Patent 6286041 for
inventing a distributed software system.
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Jennifer Franco, Vice President of Captioner Management and Retention
Jennifer joined the team in 2009, and rose through the ranks to become our Vice President
of Captioner Management in May 2016. She is a voice captioner and member of NVRA
(National Verbatim Reporters Association). Jennifer was born in North Carolina, and
studied Education at the University of Texas, El Paso.
. -"
David Suppes, Senior Manager of Realtime Service
David joined the team in 2004 and quickly found his calling in the fast-moving field of
realtime captioning, serving as our Senior Manager of Realtime Services. Before coming
to the company, David studied Journalism with an emphasis in Broadcast & Electronic
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Journalism at the University of Northern Colorado.
Ben Roybal, Vice President of Service Delivery":
Before joining in 2012, Ben honed his technical skills over a decade working in IT. He
earned his degree in computer science from Metro State University, and soon after
moved into IT roles at well-known companies including Lockheed Martin. Ben sits on the
board of directors for the Arapahoe County Early Childhood Council
Dave Battinien, Vice President, Sales; Performance and Contract Manager
Dave joined the team in 2016, bringing with him nearly two decades of sales experience.
His background includes SaaS based solutions for technical solution sales workers' comp
insurance industry. He was born and raised in Philadelphia, Pennsylvania and earned
bachelor's degrees in Marketing from Neumann University.
.,
Kayla Mullaney, Scheduling Manager
Kayla first joined our team in 2011 as the receptionist, and very quickly moved up into
new roles within our fast -paced scheduling department as company leadership recognized
her knack for organization and stellar customer service. Kayla was promoted to her current
role as Scheduling Manager in 2017.
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OFFICE OF THE SECRETARY OF STATE
OF THE STATE OF COLORADO
CERTIFICATE OF FACT OF GOOD STANDING
I, Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that,
according to the records of this office,
VITAC CORPORATION
is an entity formed or registered under the law of Pennsylvania , has complied with all
applicable requirements of this office, and is in good standing with this office. This entity has
been assigned entity identification number 20021296111 .
This certificate reflects facts established or disclosed by documents delivered to this office on
paper through 08/08/2018 that have been posted, and by documents delivered to this office
electronically through 08/09/2018 @ 13:37:28 .
I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this
official certificate at Denver, Colorado on 08/09/2018 @ 13:37:28 in accordance with applicable law.
This certificate is assigned Confirmation Number 11054685 .
Secretary of State of the State of Colorado
*********************************************End of Certificate********************************************
Notice: A certificate issued electronically from the Colorado Secretary ofState's Web site is (idly and immediately valid and effective. However,
as an option. the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of
the Secretary of State's Web site. http:-/www.sos.state.co.us-bi_/CertificateSearchCriteria.do entering the certificate's confirmation number
displayed on the certificate. and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not
necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http:/,www.sos.state.co.us.% click
"Businesses, trademarks. trade names" and select "Frequently Asked Questions."
DENVER
THE MILE HIGH CITY
Date: April 20, 2018
ADDENDUM NO. 1
PROPOSAL NO 10924A
Video Closed Captioning Services
General Services
Purchasing Division
201 W. Colfax Avenue, Dept. 304
Denver, Co 80202
P: 720.913.8100
F: 720.913.8101
www.denvergov.org/ourchasing
The above referenced Proposal is hereby amended as follows and is hereby incorporated into and made part of this
Proposal:
1. Under this proposed contract, is there a process by which the contractor would propose a rate increase? —
Please see modifications below to paragraphs B.11 TERM and the addition of section C.3 RATE ADJUSTMENTS
2. Page 11: If the captioner is not able to connect to the audio line successfully, would City staff be available to see
if there were an issue with the audio line, as opposed to simply requiring another captioner to dial the audio
line? Yes, DMMS will work with assigned captioner to try and resolve technical issues before requesting other
option.
3. Page 12: Charging an emergency rate for schedule changes, adds, or deletions less than 24 hours in advance is
common practice in the captioning field. Stenographic captioners are in great demand in 2018. How do you see
balancing the additions to the schedule with two hours' notice with keeping the price competitive for the City?
DMMS would consider Emergency situations as only those caused by distinct and significant external forces i.e.
severe weather, acts of terrorism, significant events that cause City to start Emergency Operations that may
need immediate response.
4. Page 12, B6: Please consider the EEG iCap encoder. Vendors may make recommendations for the most
efficacious equipment compatible with those preferred.
5. Page 12, B7: Please clarify what you need from a response about B7. Vendors may make recommendations for
the most efficacious equipment compatible with their system.
6. Page 13, B9: "The Contractor must have the capability to caption foreign -language productions and technical
language productions." Is this only in reference to off-line captioning? Or do you need foreign -language services
for online captioning? YES, this primarily refers off-line captioning. If vendor has capabilities to live caption in
Spanish, this can be noted along with associated fees for that service. Present plans do not require live Spanish
translation.
7. "The Contractor will provide an electronic transcript of each production to the City. This transcript is to be
submitted to the City in a manner and time -frame determined by mutual agreement." In what formats? What
do you expect to receive from the contractor? A simple text file is sufficient and it may be obtained by the City
from vendors associated software as generated from captioning, including live captions.
8. Page 1.4, #4: "All production be recorded on broadcast quality media." Please provide more information about
what services are needed. This sounds like you require the contractor to use post -production services. Yet your
1 Page-1-of2
for City Services
Denver gets it done!
Addendum No. 1
10924A Video Closed Captioning Services
website has many videos in YouTube format, which only require a file to be created to provide accurate
captions. What file types would you need? We would provide off-line videos in a high -quality format. The
returned captioned video should not diminish the finished product and be at the same quality of recording as
provided.
9. Page 14, #8: Please provide information about the type of video content that would need to be captioning in
offline and the volume expected. Would you need hard coding services? As in #4, would you need specific file
types? Anticipated programs to be captured off-line would be somewhat limited in scope. They would primarily
be any of our pre -produced programs or for projects done as a service for other city agencies. At most this
would be 3-4 hours per month (as 1/2 hr or hour-long shows), but that would not necessarily be every month.
10. Page 18: Please give more information about "services provided at Captioner's site within a specified time."
When is that specification to be provided to the contractor? Or is this referring to some other aspect of offline
captioning services? With each off-line request DMMS would want to establish an optimal turn -around time for
both us and vendor. This could be determined at the time of request so factors from both vendor and City would
be taken into consideration.
The following RFP Section B.11 TERM is modified as follows:
B.11 TERM
The effective period of the Contractual Agreement resulting from this proposal shall be two (2) years from the
date of City signature. It is also a specific provision of this proposal that the City and the Vendor may mutually
agree to renew and continue the contract or agreement consummated under this proposal for additional periods
at the salve des, terms and conditions; however, the agreement will not exceed five (5) years.
The following Section, C.3 RATE ADJUSTMENTS is hereby added to the RFP document:
C.3 RATE ADJUSTMENTS
Prices established in the contract resulting from the Request for Proposals, shall remain firm for two (2) years
from the date of City signature. Upon mutual agreement of contract renewal, the Vendor may submit a request
for a rate increase. The City will determine whether the rate increase is approved. A formal amendment shall be
required to implement any rate increase.
Proposer shall initial here and attach to proposal. Failure to do so may be cause to consider your proposal
non -responsive and cause for rejection.
Company:
Brenda Hannu
Senior Buyer
Page - 2 - of 2
DENVER
THE MILE HIGH CITY
CITY AND COUNTY OF DENVER
DEPARTMENT OF GENERAL SERVICES
Purchasing Division
www.denvergov.org/purc asing
WELLINGTON E. WEBB
MUNICIPAL OFFICE BUILDING
201 WEST COLFAX AVE.,
DENVER, CO 80202
PHONE: (720) 913-8100
FAX: (720) 913-8101
Buyer: Brenda Hannu
Email: brenda.hannu@denvergov.org
REQUEST FOR PROPOSAL N's 10924A
Video Closed Captioning Services
SCHEDULE OF EVENTS:
•
RFP Issued
4/5/2018
•
Deadline to Submit Additional Questions
4/18/2018
5:00 P.M.
Local Time
•
Response to Written Questions
4/23/2018
•
Proposal Due Date
5/3/2018
2:00 P.M.
Local Time
Vendor offers to furnish to the City and County of Denver the materials, supplies, products or services
requested in accordance with the specifications and subject to the Terms and Conditions described herein.
VENDOR SIGN HERE
Company:
Address:
Contact:
Email:
Phone:
(Authorized Signature) (Print Name)
Signature constitutes acceptance of all Terms and Conditions listed on this form and all documents attached.
THIS PROPOSAL MUST BE RETURNED ELECTRONICALLY THROUGH THE ROCKY MOUNTAIN
E-PURCHASING SYSTEM (BIDNET®).
Request for Proposal Ns 10924A
Video Closed Captioning Services
Table of Contents
A.1 PURPOSE• 3
A.2 ROCKY MOUNTAIN E-PURCHASING (BidNet®): 3
A.3 SUBMISSION OF PROPOSALS: 3
A.4 RFP QUESTIONS: 4
A.5 ADDENDA: 4
A.6 ALTERNATE 1<] S-P-ONSES: 4
A.7 ACCEPTANCE PERIOD• 4
A.8 PRICING INSTRUCTIONS: 4
A.9 TECHNICAL REQUIREMENTS/STATEMENT OF WORK: 5
A.10 RFP CONDITIONS AND PROVISIONS: 5
A.11 GRATUITIES AND KICKBACKS: 6
A.12 NON -COLLUSIVE VENDOR CERTIFICATION: 6
A.13 EVALUATION AND AWARDS: 6
A.14 PRODUCT/PERFORMANCE LITERATURE: 7
A.15 SUSTAINABILITY POLICY AND GUIDANCE: 7
A.15.a Environmentally Preferable Purchasing (EPP) Guidance and Prohibitions• 7
A.16 DISCLOSURE OF CONTENTS OF PROPOSALS• 7
A.17 PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE: 8
A.18 DIVERSITY AND INCLUSIVENESS - EXECUTIVE ORDER #101: 8
SECTION B: SCOPE OF WORK AND TECHNICAL REQUIREMENTS 10
B.1 BACKGROUND: 10
B.2 INTRODUCTION: 10
B.3 OFF-LINE CAPTIONING 11
B.4 CAPTIONER / STENO-CAPTIONER SPECIFIC REQUIREMENTS 11
B.5 SCHEDULING 12
B.6 HARDWARE CITY AND COUNTY OF DENVER OWNS 12
B.7 SOFTWARE PROVIDED BY THE CITY MARKETING AND MEDIA SERVICES 12
B.8 VIDEO STREAMING 12
B.9 ADDITIONAL REQUIREMENTS 13
B.10 PROPOSER QUESTIONS AND REQUIREMENTS: 13
B.11 TERM 15
B.12 FEDERAL PROVISIONS: 15
SECTION C: PRICING 17
C.1 PRICING INFORMATION: 17
C.2 PRICING INSTRUCTIONS • 17
SECTION D: SAMPLE CONTRACT 19
SECTION E: ADDITIONAL REQUIRED INFORMATION 30
E.1 CONTRACT CERTIFICATION FORM• 30
E.2 REFERENCE LISTING: 31
E.3 DENVER VENDOR SUSTAINABILITY: 32
E.4 VENDOR INFORMATION: 33
E.1 VENDOR'S CHECK LIST: 34
Page 2 of 34
Request for Proposal X2 10924A
Video Closed Captioning Services
GENERAL INFORMATION & PROPOSAL INSTRUCTIONS
A.1 PURPOSE:
The City and County of Denver, hereinafter referred to as the City, desires to solicit proposals relating to
the purchase of Video Closed Captioning Services.
OCKY MOUNT - idNet®.
The City is collaborating with Rocky Mountain E-purchasing System (BidNet®) in the advertisement and
facilitation of Formal Bids and RFPs administered by the City's General Services Purchasing Division.
It is a requirement of this Formal Bid / Request for Proposals (RFP) that interested parties familiarize
themselves and register with BidNet®; proposer/ contractors who do not register may be considered non-
responsive.
Registration with BidNet® is available at NO CHARGE and allows proposers access to view
governmental bids posted on BidNet®; they offer an additional notification service option with an
associated fee. It is the responsibility of the proposer/ contractor to evaluate and select the service option
of their choice.
The City is not responsible for the actions or lack thereof on the part of the proposer / contractor in regards
to their interaction with BidNet®, or any other third -party bid notification service in relation to this Formal
Bid/RFP.
More information is available at: www.rockymountainbidsystem.com or by calling 1-800-835-4603.
A.3 SUBMISSION OF PROPOSALS:
Submission of proposals for this solicitation may only be done electronically through BidNet®. Proposals
must be submitted at www.rockymountainbidsystem.com, no later than the date and time indicated in the
proposal.
Proposers who feel they are unable to prepare and submit an electronic submittal should submit a request
in writing to the Buyer, no later than the Question due date, for permission and instructions for submitting
a hardcopy proposal.
Your proposal shall consist of the following separate sections:
Section 1 — RFP Response
a) Signed Cover Sheet
b) Responses to questions in Section B.10
c) Any additional technical information in support of your proposal
d) Pricing Section (C.2)
Section 2 — Additional Required Information
a) Response to proposed Sample Contract Terms and Conditions, Section E.1
b) References, Section E.2
c) Sustainability Information Sheet Section E.3
Page 3 of 34
Request for Proposal N2 10924A
Video Closed Captioning Services
d) Vendor Information Sheet, Section E.4
e) Vendor Checklist, Section E.5
f) W9 Form
g) XO 101 Diversity & Inclusiveness Form (see link in Section A.18)
A.4 RFP QUESTIONS:
The City shall not be bound by and the odor shall not request or rely on any oral interpretation or
clarification of this RFP. Therefore, any questions regarding this RFP are encouraged and should be
submitted in writing by email to:
City Buyer: Brenda Hannu
E-Mail: brenda.hannu@denvergov.org
Questions received in writing up to deadline to submit question in the Schedule of Events will be
answered in writing per the Schedule of Events. Answers to questions from any Vendor will be provided
to all Vendors.
All communications regarding this proposal shall only be through the City's buyer listed above. No
communication is to be directed to any other City personnel.
A.5 ADDENDA:
In the event it becomes necessary to revise, change, modify or cancel this Proposal or to provide additional
information, addenda will be issued and made available on BidNet® at
www.rockymountainbidsystem.com. It is the responsibility of the proposer to confirm that they have
acquired all addenda related to this solicitation and they have reviewed/ complied with the requirements
therein.
A.6 ALTERNATE RESPONSES:
It is our intent to solicit proposals that afford the City the most cost efficient, technically responsive
proposal for the acquisition of the subject matter of this RFP. However, we recognize that there may be
arrangements different from that requested hereunder that would offer additional benefits to the City while
satisfying the applicable requirements of this RFP. Accordingly, you may submit alternative proposals
for consideration, which offer such additional benefits in addition to the requested baseline proposal.
These alternatives will be evaluated in conjunction with the primary (baseline) approach for each proposal.
A.7 ACCEPTANCE PERIOD:
Proposals in response to this RFP shall indicate that they are valid for a period no less than 120 days from the
closing date.
A.8 PRICING INSTRUCTIONS:
All prices quoted shall be firm and fixed. Pricing shall be in the format contained in the RFP. Alternative
approaches for the pricing of the requested products and services may be provided, however, such alternate
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approaches shall be described separately and must be in addition to the required format in the pricing section.
Do not include cost or price figures anywhere except in the cost and pricing section.
A.9 TECHNICAL REQUIREMENTS/STATEMENT OF WORK:
Section B of this RFP contains our proposed Statement of Work and/or Technical Requirements. This
document shall form the basis of a Contractual Agreement covering the subject matter of this RFP.
Exceptions or -deviations to-this_proposaimust-not-he-added-to-the proposal pages,--but-must-be-on-vendor's
letterhead and accompany proposal. Any exceptions to this documentation will be taken into consideration
when evaluating proposals submitted. The City reserves the right to reject any or all of your proposed
modifications. The City welcomes cost saving proposals which still satisfy all technical and business
objectives.
A.10 RFP CONDITIONS AND PROVISIONS:
This proposal must be signed by a duly authorized official of the proposing company. The completed and
signed proposal (together with all required attachments) MUST be returned electronically through the
Rocky Mountain E-purchasing System (BidNet® at www rockvmountainbid system.com) on or before
the time and date of the deadline shown on page one.
All participating Vendors, by their signature on the cover page, shall agree to comply with all of the
conditions, requirements and instructions of this RFP as stated or implied herein. Any alteration, erasure
or interlineation by the Vendor in this proposal shall constitute cause for rejection by the Manager of
General Services. Exceptions or deviations to this proposal must not be added to the proposal pages, but
must be on vendor's letterhead and accompany proposal. Should the City omit anything from this RFP
which is necessary to a clear understanding of the work, or should it appear that various instructions are
in conflict, then the Vendor shall secure written instructions from the Manager of General Services at least
forty-eight (48) hours prior to the time and date shown in page one.
Typographical errors in entering quotations on your proposal may result in loss of award of this proposal.
All Vendors are required to complete all information requested in this proposal. Failure to do so may
result in the disqualification of proposal.
The City reserves the right to postpone or cancel this RFP, or reject all proposals, if in its judgment it
deems it to be in the best interest of the City to do so.
Unit price for each item shall be shown and shall be for the unit of measurement indicated. In case of
error in extension of prices, the unit price will govern.
The Manager of General Services reserves the right to waive any technical or formal errors or omissions
and to reject any and all proposal(s), or to award contract for the items hereon, either in part or whole, if
he deems it to be in the best interests of the City to do so.
The successful Vendor shall be in complete compliance with all of the specifications, terms and conditions
of this proposal as outlined above. The City shall have the right to inspect the facilities and equipment of
the successful Vendor to insure such compliance.
The City shall not be liable for any costs incurred by vendor in the preparation of proposals or for any
work performed in connection therein.
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A.11 GRATUITIES AND KICKBACKS:
It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or
former employee (within six months of termination from City employment), or for any employee or former
employee (within six months of termination from City employment) to solicit, demand, accept, or agree
to accept from another person, a gratuity or an offer of employment in connection with any decision,
approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase
request, influencing the content o any specification or procurement standard, rendering of advice,
investigation, auditing, or in any other advisory capacity in any proceeding of application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to any program
requirement or a contract or subcontract, or to any solicitation or proposal therefore.
It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by
or on behalf of a subcontractor under a contract to the prime vendor or higher tier subcontractor or any
person associated therewith, as an inducement for the award of a subcontract or order.
In the event that any gratuities or kickbacks are offered or tendered to any City and County of Denver
employee, the proposal shall be disqualified and shall not be reinstated.
A.12 NON -COLLUSIVE VENDOR CERTIFICATION:
By the submission of this proposal, the vendor certifies that:
A. The proposal has been arrived at by the vendor independently and has been submitted without
collusion with any other vendor.
B. The contents of the proposal have not been communicated by the vendor, nor, to its best
knowledge and belief, by any of its employees or agents, to any person not an employee or agent
of the vendor or its surety on any bond furnished herewith, and will not be communicated to any
such person prior to the official opening of the proposal.
C. No vendor shall submit more than one proposal for this purchase. It shall be the responsibility of
each vendor to obtain the prior written permission of the Director of Purchasing before proposal
opening in every situation in which the vendor, due to corporate association or other affiliation,
may be found to be impermissibly associated with another vendor. Failure to observe this
requirement could result in all such affiliated proposals being rejected.
A.13 EVALUATION AND AWARDS:
The criteria to be used for the proposal evaluation include but are not limited to:
(a) Responses to City posed questions (Section B)
(b) Pricing (Section C)
(c) Other Required Submittals (as applicable)
(d) Response to the City's proposed Sample Contract provisions
No weighting or relative importance of criteria is intended or implied by this list. The City may request
oral presentations as part of the evaluation process. Additionally, the City reserves the right to conduct
negotiations with one or more Vendors.
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Any award as a result of this proposal shall be contingent upon the execution of an appropriate contract.
Section D of this proposal contains our proposed terms and conditions. These terms and conditions shall form
the basis of a Contract covering the subject matter of this proposal. If there is contention(s) with the Terms
and Conditions, a brief explanation and alternative language, if any, should be included in your response to
Section D. Any exceptions to the Terms and Conditions will be taken into consideration when evaluating
proposals submitted.
A.14 VRODUC`i/PERFORMANCE LITERATURE
The undersigned vendor shall agree to furnish, upon the written request of the City's Buyer, any additional
information needed to substantiate or clarify the design and/or performance characteristics of the materials
or services that he/she proposes to furnish.
A.15 SUSTAINABILITY POLICY AND GUIDANCE:
The City, through its Office of Sustainability and Executive Order 123, is committed to protecting the
environment, and the health of the public and its employees. In accordance with this policy, City agencies
are directed to procure cost -competitive products and services that minimize resource consumption and
negative impacts on the environment and human health.
In requesting proposals for the City, when specifically required in the evaluation criteria, expects all
responsive proposers to demonstrate commitment to and experience in environmental sustainability and
public health protection practices applicable to their line of services. The City during its evaluation
processes will actively assess the quality and value of all proposals.
Vendors, when applicable, are to follow standards and recommendations of the United States
Environmental Protection Agency EPP program, the Green Seal organization, and standards and practices
specified by the U.S. Green Building Council, including the Leadership in Energy and Environmental
Design (LEED) program.
A.15.a Environmentally Preferable Purchasing (EPP) Guidance and Prohibitions:
The City defines Environmentally Preferable products and services as having a lesser or reduced effect on
human health and the environment when compared with competing products and services that serve the
same purpose. The City's EPP evaluation may extend to raw materials acquisition, energy consumption
in manufacturing and transport, packaging, recyclability, waste disposal, and many other factors.
A.16 DISCLOSURE OF CONTENTS OF PROPOSALS:
All proposals become a matter of public record and shall be regarded as Public Records, with the exception
of those specific elements in each proposal which are designated by the proposer as Business or Trade
Secrets and plainly marked "Trade Secrets", "Confidential", "Proprietary", or "Trade Secret". Items so
marked shall not be disclosed unless disclosure is otherwise required under the Open Records Act. If such
items are requested under the Open Records Act, the City will use reasonable efforts to notify the proposer,
and it will be the responsibility of the proposer to seek a court order protecting the records, and to defend,
indemnify, and hold harmless the City from any claim or action related to the City's non -disclosure of
such information.
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A.17 PROOF OF REGISTRATION WITH THE COLORADO SECRETARY OF STATE:
Successful vendors that are corporations or limited liability companies will be required to furnish a
Certificate of Good Standing from the Colorado Secretary of State's Office, as proof that they are properly
registered to do business in the State of Colorado, prior to finalization of award and contracting.
IVERSITY AND INCLUS — ECUT`VVE. � 'a ER #101:
Definitions
Diversity: Diversity refers to the extent to which a contractor/consultant has people from diverse
background or communities working in its organization at all levels, is committed to providing equal
access to business opportunities and achieving diversity in procurement decisions for supplies, equipment,
and services, or promotes training and technical assistance to diverse businesses and communities such as
mentoring and outreach programs and business engagement opportunities.
Inclusiveness: Inclusiveness, for purposes of Executive Order No. 101, includes the extent to which a
contractor/consultant invites values, perspectives and contributions of people from diverse backgrounds
and integrates diversity into its hiring and retention policies, training opportunities, and business
development methods to provide an equal opportunity for each person to participate, contribute and
succeed within the organization's workplace. Inclusiveness also includes the extent to which businesses
have an equal opportunity to compete for new business opportunities and establish new business
relationships in the private and public sector.
Requirements
Using the attached form, entitled "Diversity and Inclusiveness in City Solicitations Information Request
Form", please state whether you have a diversity and inclusiveness program for employment and retention,
procurement and supply chain activities, or customer service, and provide the additional information
requested on the form. The information provided on the Diversity and Inclusiveness in City Solicitations
Request Form will provide an opportunity for City contractors/consultants to describe their own diversity
and inclusiveness practices. Contractors/Consultants are not expected to conduct intrusive examinations
of their employees, managers, or business partners in order to describe diversity and inclusiveness
measures. Rather, the City simply seeks a description of the contractor/consultant's current practices, if
any.
Diversity and Inclusiveness infoiiiiation provided by City contractors/consultants in response to City
solicitations for services or goods will be collated, analyzed, and made available in reports consistent with
City Executive Order No. 101. However, no personally identifiable information provided by or obtained
from contractors/consultants will be in such reports.
Please link to the "Diversity and Inclusiveness in City Solicitations - Information Request Form" here.
If the link is unavailable, enter the following address into your web browser:
https://fs7.formsite.com/CCDenver/forml 61 /index.html
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NOTE: A DIVERSITY & INCLUSIVENESS FORM MUST BE RETURNED WITH YOUR
PROPOSAL; OTHERWISE, YOUR PROPOSAL MAY BE REJECTED WITHOUT
CONSIDERATION.
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SECTION B: SCOPE OF WORK AND TECHNICAL REQUIREMENTS
B.1 BACKGROUND:
This project is the City's response to a 2017 City and County of Denver agreement with the U.S.
Department of Justice (DOJ). The service engaged in this contract will help the City meet its obligation
to provide closed caption text to a variety of video products produced by the City, including live meeting
coverage,-video-programmiiandlips. - -
The solution will be an ongoing annual expense as Federal law regarding the Americans with Disability
Act (ADA) is currently interpreted in the City's agreement with the DOJ to require closed captioning of
all videos provided online. These videos are currently produced by Denver Marketing and Media Services
(DMMS). All City videos appear online as Comcast CH(s) 8, 880 and CenturyLink CH 8006, on
www.Denver8.TV, www.DenverGov/Denver8online, YouTube, and Facebook.
B.2 INTRODUCTION:
The City soliciting proposals for online real-time closed captioning of its many video productions and
programs. Captioning services are to be both for live broadcasts, meeting coverage, and for pre -arranged
scheduled replays of specific pre -produced programs. Additionally, off-line captioning services may be
required for select productions.
Proposer should be able to provide live real-time captioning of video programming emanating from
distribution on Denver 8 TV at accuracy rate above 95%. Additionally, proposer should be able to
accommodate offline captioning of submitted programs in a timely fashion or permit captioning of
channel scheduled programs.
The City requires the following production(s) to be captioned in Real-time. The awarded contractor will
provide continuous captioning throughout the event, until the completion of the production.
1) Denver City Council regularly scheduled weekly meetings
2) Denver City Council regularly scheduled Committee Meetings (multiple per week)
3) Denver Planning Board (twice monthly)
4) Independent Audit Committee monthly meetings
5) Other Regular Productions that may be a part of the routine coverage schedule. To be
determined by City personnel, with a minimum advance notification for coverage of 48 hours
to contractor.
6) Other Occasional Programs produced and completed prior to the actual time of the scheduled
cablecast, and captioned in real-time during cablecast. To be determined by City personnel,
with pre -determined scheduled or a minimum advance notification for coverage of 48 hours
to vendor.
7) Urgent and/or Emergency production will be initiated by City personnel for productions
arising outside of regularly scheduled hours. The Contractor will make every effort to provide
emergency caption services within two (2) hours of notification from the City.
8) Provide a separate off-line captioning service for pre -produced finished programs submitted
with advanced planning and necessary supportive materials.
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The hours of live captioning are estimated to be 14-22 hours per week; Sunday through Saturday, from
12:00 A.M. to 11:59 P.M., Mountain Time. Maximum monthly captioning is estimated at 88-100 hrs.
The contractor will caption the live programming of the City's municipal cablecast(s) using preferred
current technology; which may apply an audio feed sent via telephone to a steno-captioner; a separate
telephone line from the steno-captioner to deliver captions into a closed caption encoder via modem
located at the City's Denver 8 facility. The City will provide required telephone lines as necessary.
The Captioner will listen -in or view the cablecast at prearranged/pre-determined times. If the assigned
Captioner is unable to connect with the audio feed, another Captioner is required to fill in immediately.
If the contractor loses the audio feed, they shall immediately contact the City at a number provided/
identified by the City.
The contractor will provide captioning until the end of the production or until notified by City personnel
that their service is no longer required for that production.
Real-time is defined as: "real time captioning", therefore the City will accept a lapse time of no more
than five (5) seconds.
The contractor shall receive a pre -arranged schedule and other work orders via email or other agreed
upon mechanism from the City.
B.3 OFF-LINE CAPTIONING
All off-line captioning work is to be completed at the contractor's site and according to agreed -upon
time of completion and delivery.
The contractor shall insure that all off-line captioning will be guaranteed, that all captions will be
according to the City's satisfaction, and all productions will be recorded on broadcast quality media to
the City's specifications.
Off-line captioning may require a tight timeline and quick turnaround.
Off-line captioning is defined as: transcription services for pre-recorded and post -production programs.
B.4 CAPTIONER / STENO-CAPTIONER SPECIFIC REQUIREMENTS
The Captioner must load pre -determined dictionaries, provided by the City, in advance so names and
titles are spelled correctly.
The Real-time Captioner shall provide the best possible "translation". Captioners are required to write
at less than 5% error rate.
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The Contractor will provide their Steno-captioners with the technical tools/software necessary to
perform captioning tasks; e.g., steno -writers, computers with steno dictionaries and a third line or
cellular phone for troubleshooting, should the need arise.
B.5 SCHEDULING
The Contractor will contact the City municipal cablecast scheduling coordinator to obtain regularly
scheduleassignments. City personnel will contact the Contractor as necessary to modify, alter schedule
or arrange other captioning assignments.
The hours of live captioning generally occur during standard business hours, but may occur at any time
during cablecast hours that are currently scheduled from 6 AM to 11:30 p.m. seven days per week. Some
events may begin during these standard hours and extend into after-hours as required by the event
organizers. The Contractor will provide continuous captioning throughout the event until the completion
of the production.
The City requires the right to add or remove productions to the captioning plan on an as needed basis.
Notification of such occurrence may be with as little as two (2) hours prior to the change without
incurring any additional charges.
B.6 HARDWARE CITY AND COUNTY OF DENVER OWNS
The majority of the equipment is located in the control room at the City and County Building located at
1437 Bannock Street, Denver, CO. The equipment is maintained by a City Engineer.
The City will provide onsite:
a. two (2) telephone lines for use in the captioning process as required.
b. Processor/Encoder that meets technical specifications as provided by Vendor.
c. Phone Interface that meets technical specifications as provided by Vendor.
d. Video Engineer to maintain and troubleshoot equipment located with City and County of
Denver.
The City does not currently own any captioning equipment. The Contractor shall specify what
equipment is needed and these costs should be included in the proposal. However, the City reserves the
right to purchase the required equipment from the Contractor or other independent source.
B.7 SOFTWARE PROVIDED BY THE CITY MARKETING AND MEDIA SERVICES
Any Court Reporting software or computer applications required to be located on -site by Vendor for
captioning services.
B.8 VIDEO STREAMING
The City has the non-exclusive right, license and authority to distribute programming throughout the
Internet and intranet.
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The City has the non-exclusive right, license and authority to make copies of productions and to
distribute such copies throughout the universe. The City may continue to distribute such copies in
perpetuity, even after termination of this contract. The Contractor is held harmless for uses of captioned
video by the City.
B.9 ADDITIONAL REQUIREMENTS
Thpreeerred Contractor will be an established captioning service provider with a minimum of two (2)
years experience in the business and must have successful market experience in providing caption
services for a similar client with similar scope of work.
Vendor must have sufficient staff to start and complete any scheduled captioning session without
interruption.
Caption style is per City specifications. Live meeting coverage caption size and placement should be
flexible as to where it is placed on the screen. Off-line Caption placement may be determined by content
and may be determined on a case -by -case basis.
The proposed pricing is to be an hourly rate that must cover any miscellaneous costs incurred in the
providing of this service. These costs may include but are not limited to the Captioner's time,
preparation time, long distance charges, administrative staff and facilities, telephone rate charges.
The Contractor must have the capability to caption foreign -language productions and technical language
productions.
The Contractor will provide the steno-captioners with a checklist for the assignments, which fully
describes the specific assignment, contact names and numbers, technical details and troubleshooting
information.
The Contractor will provide an electronic transcript of each production to the City. This transcript is to
be submitted to the City in a manner and time -frame determined by mutual agreement.
B.10 PROPOSER QUESTIONS AND REQUIREMENTS:
Your proposal must specifically address each of the questions/issues that are listed below. The
quality and detail of your responses will figure significantly in the overall evaluation of your proposal.
Proposers are encouraged to give examples and provide additional information to support your compliance
on each point. To standardize the format of all proposals, Proposers are required to respond to all
questions in the order given and to list the item number and restate the question prior to giving
their answer. Failure to comply with this requirement may result in your proposal being declared non-
responsive.
1. Please describe your organization's experience providing the services as detailed in the above
scope of work.
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2. Services for live captioning, during the weekdays, are subject to the number of meetings that the
City identifies should be broadcast with captioning for the public. These meetings usually are
identified by a set start time but the end time is not guaranteed. Discuss your approach to
meetings that may go over the scheduled time slot.
3. Discuss your approach to emergency requests. See Section B.2 (7 for the City's definition of an
emergency.
4. The City asks that all off-line captioning be guaranteed to meet the City's satisfaction and that
all production be recorded on broadcast quality media. What quality control efforts will your
company perform or do to ensure that this requirement is met? Please identify the media that is
available for this service.
5. Discuss your approach to scheduling conflicts. Note: The City anticipates that the successful
contractor will make the City its number one priority and that the assigned captioner will be
providing services.
6. Discuss your approach to lengthy meeting coverage that may require staff changes.
7. The City desires flexibility in the products that will be identified for captioning and has identified
a two-hour window. What is an acceptable timeframe to be notified of scheduling changes? When
or what time frame of notification would affect your rates?
8. In the Scope of Work the City makes mention of a possible "tight timeline and quick
turnaround" for offline captioning. Please provide timeframes for turn -around of offline
captioning/requirements for offline captioning.
9. Discuss your approach to loss of connectivity
10. Please provide an example of your service level agreement.
11. The City desires captioning services provided in foreign languages. These include, but are not
limited to, Spanish. What parameters do you need for the City to have access to such service?
This service is not to apply to real time captioning.
12. The successful vendor is to provide the assigned captioner with a check list of the assignments
and other details. Please provide a sample of your check list for the City to review for
completeness.
13. At the end of a job, the successful vendor is to provide a transcript of the captioned program in a
timely manner. How will your company meet this requirement? Please provide a sample of no
more than one page of how the transcript will appear.
14. Detail your standard requirements for submitted documentation (i.e. agenda) prior to live
captioning.
15. Provide an assessment of accuracy rates for live captioning.
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16. Describe your relationship between you and your employees. Do you use contract employees or
hire captioners directly? What is the benefit to the City regarding the method used to obtain
captioners?
B.11 TERM
Tlie fective penod of the on rac a greernent re -Tithing ting from this proposal shall be two (2) years
from the date of City signature. It is also a specific provision of this proposal that the City and the
Vendor may mutually agree to renew and continue the contract or agreement consummated under this
proposal for additional periods at the same prices, terms and conditions; however, the agreement will not
exceed five (5) years.
B.12 FEDERAL PROVISIONS:
Where the source of the funds, directly or indirectly for this Purchase Order is the Federal Government,
the Vendor agrees to the applicable provisions set out below. The Vendor shall be responsible for
determining which terms are applicable to its products and/or services.
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE Contractor agrees to comply with
Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended
by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor
regulations (41 CFR Part 60). DAVIS-BACON ACT COMPLIANCE Contractor agrees to comply
with the Davis -Bacon Act (40 U.S.C. 3148 to 3148) as supplemented by Department of Labor
regulations (29 CFR part 5). ANTI -KICKBACK ACT COMPLIANCE Contractor agrees to comply
with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3). CONTRACT WORK HOURS AND SAFETY STANDARDS
Contractor agrees to comply with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Depaitinent of Labor regulations (29 CFR
part 5) RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT
Contractor agrees to comply with 37 CFR part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative
Agreements," and any implementing regulations issued by the awarding agency. CLEAN AIR AND
WATER REQUIREMENTS Contractor agrees to comply with all applicable standards, orders, or
requirements issued under the Clean Air Act (42 U.S.C. 7401 et. seq.), and the Clean Water Act
(33 U.S.C. 1251 et. seq.). Contractor agrees to report each violation of these requirements to the
City and understands and agrees that the City will, in turn, report each violation as required to the
appropriate EPA regional office. ENERGY CONSERVATION REQUIREMENTS The
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in compliance with the Energy
Policy and Conservation Act. (42 U.S.C. 6201) NO SUSPENSION OR DEBARMENT Contractor
certifies that neither it nor its Principals or any of its subcontractors is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
Agreement by any Federal department or agency. BYRD ANTI -LOBBYING. If the Maximum
Contract Amount exceeds $100,000, the Contractor must complete and submit to the City a required
certification form provided by the City certifying that it will not and has not used Federal appropriated
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funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress in connection with obtaining any Federal contract
grant of any other award covered by 31 U.S.C. 1352. Contractor must also disclose any lobbying with
non -Federal funds that takes place in connection with obtaining any Federal award.
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SECTION C: PRICING
C.1 PRICING INFORMATION:
This section shall include a description of the proposed costs and prices. All pricing information shall be
limited solely to this section of your proposal. This section should address all requirements set forth in
Section B as well as any other items pertinent to your proposal pricing. The requirements have been
developed to-allow-the-Citytourifornrly-evaluate prices submitted foi tlfe wog
follow these instructions carefully and provide all data requested in the formats specified herein and in
any referenced attachments.
Any omissions in this proposal shall be identified by each proposer and incorporated into their proposal
including any omissions for software, hardware, support etc. which is necessary to the success of the
project and must be identified as a separate line item with pricing and included as part of this proposal.
The City will not increase the contract or any purchase order (either dollar amount or time) for items not
included in the submitted proposal documents. The City reserves the right to purchase part or the entire
proposal.
C.2 PRICING INSTRUCTIONS:
All prices quoted shall be firm and fixed for the specified contract period.
For off-line and foreign language captioning services, provide a flat fee, hourly rate that is to be applied.
Optionally, Contractor can identify the average number of words anticipated in being captioned in an
hour's time frame.
Pricing is to be such at the City will pay to the nearest quarter hour after the completion of the program.
This would apply if the services are needed beyond the set time originally indicated due to unforeseen
circumstances.
The pricing for live captioning services is to be by the hour with two separate time periods identified as
to when the live captioning services are expected to occur.
Please provide a pricing rate chart for services that breaks down costs for live captioning between 8:00
AM - 11:59 PM, 12:00 AM — 8:00 AM and off-line captioning. For live caption, contractors must provide
pricing by the hour.
In addition, please provide pricing for any equipment necessary to perform the work in this RFP. The
equipment may be purchased from the Contractor or other independent source.
Real Time (Live) Ca.tionin_ Services
1
Time: 8:00 A.M. — 11:59 P.M. Mountain
Time — Sunday through Saturday
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2
Time: 12:00 A.M. — 8:00 A. M. Mountain
Time — Sunday through Saturday
Off line Captioning Services
Item
Description
Flat fee Hourly
Rate
Estimated number of words
captioned per hour (optional)
Services provided at Captioner's site within a
3
specified time - English
4
Foreign Language Services provided at
Captioner's site within a specified time -
Spanish
5
Foreign Language Services provided at
Captioner's site within a specified time — All
Other languages
6
Emergency services to occur with under two
(2) hours request
Required Equipment
Item
Description
Price
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SECTION D: SAMPLE CONTRACT
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This section shall include your response to our proposed terms and conditions included in this Section D
and shall form the basis for the preparation of a Contractual Agreement covering the subject matter of this
RFP.
You shall respond in your proposal either that all terms and conditions are acceptable or that some are
acceptable and some are iiol. Undeiiirre-orhighlighttthose words, phrases, sentences, paragraphs, etc. that
are not satisfactory and note any exceptions by referencing the appropriate article number, a brief
explanation and alternative language, if any, and submit same on a separate typewritten sheet. Any
exceptions will be taken into consideration when evaluating your proposal.
CLOSED CAPTIONING SERVICES AGREEMENT
THIS DIGITAL VIDEO BROADCAST SERVICES AGREEMENT is made and entered into
this day of , 2018, by and between the CITY AND COUNTY OF DENVER, a
municipal corporation of the State of Colorado (the "City") and , a
corporation, whose address is (the
"Company"), each party maybe individually referred to as a "Party" or collectively as the "Parties."
WHEREAS, the City desires to have the Company provide closed captioning services for the
City's Channel 8 programming; and
WHEREAS, the Company is qualified and ready, willing and able to perform the services as set
forth in this Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES: The Company, under the general direction of, and in
coordination with, the Manager of the Department of , or other designated
supervisory personnel (the "Manager"), shall diligently perform the services described in the Statement
of Work attached hereto as Exhibit A. The Company shall faithfully perform the services in accordance
with the standards of care, skill, training, diligence and judgment provided by highly competent
individuals and entities that perform services of a similar nature to those described in this Agreement.
2. TERM: The term of the Agreement is from , 2018, to , 20 ,
unless terminated earlier pursuant to the provisions of this Agreement.
3. COMPENSATION AND PAYMENT:
A. Fee: The City agrees to pay to the Company, and the Company agrees to accept
as its sole compensation for its services rendered and costs incurred under this Agreement, a fee based on
the rates set forth on Exhibit B. The Company shall not be entitled to reimbursement of any expenses or
costs associated with providing the services described herein.
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B. Invoicing: Company shall provide the City with a monthly invoice in a format and
with a level of detail acceptable to the City. The City shall pay any undisputed amounts in accordance
with its obligations under the City's Prompt Payment Ordinance.
C. Maximum Contract Liability:
(i) Any other provision of this Agreement notwithstanding, in no event shall
the City be liableto pay for services rendered and expenses incurred by the Company under the terms of
this Agreement for any amount in excess of
($ ) (the "Maximum Contract Amount"). The Company acknowledges that the City
is not obligated to execute an Agreement or an amendment to Company for any further services and that
any services performed by Company beyond that specifically described in Exhibit A are performed at
Company's risk and without authorization under this Agreement. The Company shall use it best efforts
to complete all of the work described in Exhibit A to the satisfaction of the City for the Maximum Contract
Amount.
(ii) The Parties agree that the City's payment obligation, whether direct or
contingent, shall extend only to funds appropriated annually by the Denver City Council, paid into the
Treasury of the City, and encumbered for the purpose of this Agreement. The Parties agree that (i) the
City does not by this Agreement irrevocably pledge present cash reserves for payment or performance in
future fiscal years and (ii) this Agreement is not intended to create a multiple -fiscal year direct or indirect
debt or financial obligation of the City.
4. STATUS OF COMPANY: The parties agree that the status of the Company shall be that
of an independent contractor retained on a contractual basis to perform professional or technical services
for limited periods of time as described in Section 9.1.1 E(x) of the Charter of the City. It is not intended,
nor shall it be construed, that the Company or its employees are employees or officers of the City under
Chapter 18 of the Denver Revised Municipal Code or for any purpose whatsoever.
5. COMPANY PERSONNEL:
A. The Company shall not utilize any subcontractors without the prior written consent
of the Manager. Requests for approval of subcontractors must be made in writing and include a description
of the nature and extent of services to be provided by the subcontractor; the name, address and experience
and qualifications of the subcontractor; and any other information which may be requested by the
Manager. Approval of the subcontractor shall not relieve the Company of any obligations under this
Agreement. Any final agreement with the approved subcontractor must contain a valid and binding
provision whereby the subcontractor waives any and all rights to make a claim of payment against any
City property arising out of the performance of this Agreement.
B. The Company shall not retain any subcontractor to perform services under this
Agreement if the Company is aware, after a reasonable inquiry has been made, that subcontractor is
connected with the sale or promotion of equipment or material which is or may be used on work or services
related to or following from this Agreement or that any other conflict of interest exists.
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C. The Company is prohibited from hiring any subcontractor that is currently debarred
by the City in accordance with D.R.M.C. § 20-77.
6. TERMINATION:
A. The City has the right to terminate this Agreement, without cause, on ten (10) days
written notice to the Company if the City determines such termination is in the interest of the City.
However, nothing herein shall be construed as giving the Company the right to perform services under
this Agreement beyond the time when such services become unsatisfactory to the City, and the Company
shall bear all the risk of providing same.
B. City may immediately terminate this Agreement in the event the Company or any
of its officers or employees are convicted, plead nolo contendere, enter into a formal agreement in which
they admit guilt, enter a plea of guilty or otherwise admit culpability to criminal offenses of bribery, kick
backs, collusive bidding, bid -rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or
any offense of a similar nature in connection with Company's business.
C. Either Party may terminate this Agreement by written notice to the other in the
event that the other Party breaches this Agreement and fails to cure such breach to the non -breaching
Party's satisfaction within thirty (30) days of written notice specifying the breach.
D. If this Agreement is terminated by the Company or by the City for cause, the
Company shall be compensated for, and such compensation shall be limited to: (1) the sum of the amounts
contained in invoices which it has submitted and which have been approved by the City; (2) the reasonable
value to the City of the work which the Company performed prior to the date of the termination notice,
but which had not yet been approved for payment; and (3) the cost of any work that is needed to
accomplish an orderly termination of the work and is approved in writing by the Manager. If this
Agreement is terminated for the convenience of the City and without the fault of the Company, the
Company shall also be compensated for any reasonable costs it has actually incurred in performing
services prior to the date of the termination. In the event that all or any part of this Agreement is
terminated for any reason, Company will provide all assistance reasonably requested by the City in
connection with the efficient and orderly transition of performance of the services by Company to the City
or any third party designated by the City.
E. If this Agreement is terminated, the City shall take possession of all materials,
equipment, tools and facilities owned by the City that the Company is using by whatever method the City
deems expedient.
F. Upon termination of this Agreement by the City, the Company shall not have any
claim against the City by reason of such termination or by reason of any act incidental to termination,
except for compensation for work satisfactorily performed as described in this Agreement.
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7. CITY INFORMATION:
A. The Company acknowledges and accepts that, in performance of all work under the
terms of this Agreement, the Company may have access to Proprietary Data or confidential information
that may be owned or controlled by the City, and that the disclosure of such Proprietary Data or
information may be damaging to the City or third parties. The Company agrees that all Proprietary Data
or confidential information provided or otherwise disclosed by the City to the Company shall be held in
confidence and used only in -the performance of its obligations under this Agreement.- 'l he Company shall
exercise the same standard of care to protect such Proprietary Data and information as a reasonably
prudent company would to protect its own proprietary or confidential data. "Proprietary Data" shall mean
any materials or information which may be designated or marked "Proprietary" or "Confidential" and
provided to or made available to the Company by the City. Such Proprietary Data may be in hardcopy,
printed, digital or electronic format.
B. Except as expressly provided by the terms of this Agreement, the Company agrees
that it shall not disseminate, transmit, license, sublicense, assign, lease, release, publish, post on the
internet, transfer, sell, permit access to, distribute, allow interactive rights to, or otherwise make available
the Proprietary Data or confidential information or any part thereof to any other person, party or entity in
any form or media for any purpose other than performing its obligations under this Agreement. The
Company further acknowledges that by providing this Proprietary Data of confidential information, the
City is not granting to the Company any right or license to use such data except as provided in this
Agreement. The Company further agrees not to disclose or distribute to any other party, in whole or in
part, the Proprietary Data or confidential information without written authorization from the Manager.
C. The Company acknowledges and understands that the Proprietary Data may not be
completely free of errors. The Proprietary Data should be used for reference only and should not be relied
upon in any other way, and the Company is hereby advised to independently verify all work performed in
reliance upon the Proprietary Data.
D. The Company agrees that any ideas, concepts, know-how, computer programs, or
data processing techniques developed by the Company or provided by the City in connection with this
Agreement, any Proprietary Data, or any confidential information shall be deemed to be the sole property
of the City and all rights, including copyright, shall be deemed to be the sole property of the City and all
rights, including copyright, shall be reserved to the City. The Company agrees, with respect to the
Proprietary Data and confidential information, that: (1) the Company shall not copy, recreate, reverse,
engineer or decompile such data, in whole or in part, unless authorized in writing by the Manager; (2) the
Company shall retain no copies, recreations, compilations, or decompilations, in whole or in part, of such
data; (3) the Company shall, upon the expiration or earlier termination of the Agreement, destroy (and, in
writing, certify destruction) or return all such data or work products incorporating such data or information
to the City.
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E. The Company will inform its employees and officers of the obligations under this
Agreement, and all requirements and obligations of the Company under this Agreement shall survive the
expiration or earlier termination of this Agreement. The Company shall not disclose Proprietary Data or
confidential information to subcontractors unless such subcontractors are bound by non -disclosure and
confidentiality provisions at lease as strict as those contained in this Agreement.
F. Notwithstanding any other provision of this Agreement, the City is furnishing
Proprietary Data and confidential information on an `as is" bis, without any support whatsoever, and
without representation, warranty or guarantee, including but not in any manner limited to, fitness,
merchantability or the accuracy and completeness of the Proprietary Data or confidential information.
The Company is hereby advised to verify its work. The City assumes no liability for any errors or
omissions herein. Specifically, the City is not responsible for any costs including, but not limited to,
those incurred as a result of lost revenues, loss of use of data, the costs of recovering such programs or
data, the cost of any substitute program, claims by third parties, or for similar costs. If discrepancies are
found, the Company agrees to contact the City immediately.
8. COMPANY'S INFORMATION: The Parties understand that all the material provided
or produced under this Agreement may be subject to the Colorado Open Records Act., § 24-72-201, et
seq., 7B C.R.S. (2003), and that in the event of a request to the City for disclosure of such information,
the City shall advise the Company of such request in order to give the Company the opportunity to object
to the disclosure of any of its proprietary or confidential material. In the event of the filing of a lawsuit to
compel such disclosure, the City will tender all such material to the court for judicial determination of the
issue of disclosure and the Company agrees to intervene in such lawsuit to protect and assert its claims of
privilege and against disclosure of such material or waive the same. The Company further agrees to
defend, indemnify and save and hold harmless the City, its officers, agents and employees, from any claim,
damages, expense, loss or costs arising out of the Company's intervention to protect and assert its claim
of privilege against disclosure under this Article including, but not limited to, prompt reimbursement to
the City of all reasonable attorney fees, costs and damages that the City may incur directly or may be
ordered to pay by such court.
9. EXAMINATION OF RECORDS: The Company agrees that any duly authorized
representative of the City, including the City Auditor, shall have access to and the right to examine any
books, documents, papers and records of the Company, involving transactions related to this Agreement.
This right shall survive for a minimum of three (3) years after final payment is made under this Agreement.
10. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any action by a
Party constitute or be construed to be a waiver by that party of any breach of covenant or default which
may then exist on the part of the other Party. A Party's action or inaction when any such breach or default
shall exist shall not impair or prejudice any right or remedy available to that Party with respect to such
breach or default; and no assent, expressed or implied, to any breach of any one or more covenants,
provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.
11. INDEMNIFICATION:
A. The Company shall defend, release, indemnify and hold harmless the City, its
officers, agents and employees from and against: (1) any and all damages, including loss of use, to
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property, including City property, or (2) injuries to or death of any person or persons (including officers,
agents and employees of the City), and (3) any and all claims, demands, suits, causes of action, liabilities,
fines, penalties, costs, expenses (including reasonable attorney fees, expert witness fees and all associated
defense fees), or proceedings of any kind or nature, including workers' compensation claims, of or by
anyone, regardless of the legal theory(ies) upon which premised, in any way resulting from, or arising out
of, directly or indirectly, the acts or omissions of the Company or those performing under it in connection
with its operations or performance under this Agreement or its use or occupancy of real or personal
propertyher, under, including acts or omissions of —the officers, employees, agents, contractors,
representatives, invitees, or licensees of the Company or its subcontractors. The Company's obligation to
indemnify or hold harmless the City, its officers, agents and employees under this paragraph shall not
apply to liability or damages proximately caused by and apportioned to the negligence of the City's
officers, agents and employees.
B. This indemnity clause shall also cover the City's defense costs, in the event that the
City, in its sole discretion elects to provide its own defense. The City retains the right to disapprove
counsel, if any, selected by the Company to fulfill the foregoing defense indemnity obligation, which right
of disapproval shall not be unreasonably exercised.
C. Insurance coverage requirements specified in this Agreement shall in no way lessen
or limit the liability of the Company under the terms of this indemnification obligation. The Company
shall obtain, at its own expense, any additional insurance that it deems necessary for the City's protection
in the performance of this Agreement.
12. COLORADO GOVERNMENTAL IMMUNITY ACT: The Parties agree that the City
is relying upon, and has not waived, the monetary limitations and all other rights, immunities and
protection provided by the Colorado Governmental Act, C.R.S. § 24-10-101, et seq.
13. TAXES, CHARGES AND PENALTIES: The City shall not be liable for the payment
of taxes, late charges or penalties of any nature, except for any additional amounts that the City may be
required to pay under the City's prompt payment ordinance D.R.M.C. § 20-107, et seq. The Company
shall promptly pay when due, all taxes, bills, debts and obligations it incurs performing the services under
this Agreement and shall allow no lien, mortgage, judgment or execution to be filed against City property,
including but not limited to land, facilities, improvements or equipment.
14. ASSIGNMENT AND SUBCONTRACTING:
A. The Company agrees that it will not assign or transfer any of its rights or obligations
under this Agreement without first obtaining the written consent of the Manager. A transfer will include
a merger, consolidation, liquidation or change of ownership by which fifty percent (50%) or more of the
outstanding voting stock, equity or control is transferred. Any attempt by the Company to assign or
transfer its rights or obligations without the prior written consent of the Manager shall, at the option of the
Manager, be null and void and terminate this Agreement and all rights of the Company. Consent to the
assignment may be granted or denied at the sole and absolute discretion of the Manager. If the City
consents to an assignment, then any assignment will not become effective until the assignee unequivocally
in a signed document satisfactory to the Manager (1) assumes the obligations under this Agreement; and
(2) agrees to be bound by all of the terms, covenants and conditions of this Agreement. Any consent of
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the City pursuant to this provision must be executed with the same founality as this Agreement. The
rights and obligations of the Parties under this Agreement shall inure to the benefit of and be binding upon
the Parties and their respective successors and assigns permitted under this Agreement.
B. The Company agrees that it will not subcontract any of its obligations under this
Agreement without first obtaining the written consent of the Manager, which consent may be withheld in
the absolute discretion of the City. If the City consents to the subcontract, such action shall not be
construed to create any con1factual relationship ween e i y an e ompany s su contractor. e
Company shall remain fully responsible to the City for any subcontracted work.
15. NO THIRD PARTY BENEFICIARY: The Parties agree that enforcement of the terms
and conditions of this Agreement, and all rights of action relating to enforcement, shall be strictly reserved
to the Parties. Nothing contained in this Agreement shall give or allow any claim or right of action to any
third person. The Parties intend that any person other than the City or the Company receiving services or
benefits pursuant to this Agreement shall be deemed to be an incidental beneficiary only.
16. NO AUTHORITY TO BIND CITY TO CONTRACTS: The Company has no authority
to bind the City on any contractual matters. Final approval of all contractual matters that obligate the City
must be by the City, as required by Charter and ordinance.
17. AGREEMENT AS COMPLETE INTEGRATION; AMENDMENTS: This
Agreement is the complete integration of all understandings between the Parties. No prior or
contemporaneous addition, deletion, or other modification related to the subject matter herein shall have
any force or effect, unless embodied in this Agreement in writing. No subsequent novation, renewal,
addition, deletion, or other amendment shall have any force or effect unless embodied in a written
amendment to this Agreement properly executed by the Parties. No oral representation by any officer or
employee of the City at variance with the terms and conditions of this Agreement or any written
amendment to this Agreement shall have any force or effect nor bind the City. This Agreement and any
amendments to it shall be binding upon the Parties and their successors and assigns.
18. SEVERABILITY: The Parties agree that if any provision of this Agreement or any
portion thereof, except for the provisions of this Agreement requiring appropriation of funds and limiting
the total amount payable by the City, is held to be invalid, illegal, or unenforceable by a court of competent
jurisdiction, the validity of the remaining portions or provisions shall not be affected if the intent of the
Parties can be fulfilled.
19. CONFLICT OF INTEREST:
A. The Parties agree that no employee of the City shall have any personal or beneficial
interest in the services or property described in this Agreement; and the Company further agrees not to
hire or contract for services any employee or officer of the City which would be in violation of the City's
Code of Ethics, D.R.M.C. §2-51, et seq. or the Charter §§ 1.2.8, 1.2.9, and 1.2.12.
B. The Company agrees that it will not engage in any transaction, activity or conduct
that would result in a conflict of interest under this Agreement. The Company represents that it has
disclosed any and all current or potential conflicts of interest. A conflict of interest shall include
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transactions, activities or conduct that would affect the judgment, actions or work of the Company by
placing the Company's own interests, or the interests of any party with whom the Company has a
contractual arrangement, in conflict with those of the City. The City, in its sole discretion, shall determine
the existence of a conflict of interest and may terminate this Agreement in the event such a conflict exists
after it has given the Company written notice which describes the conflict. The Company shall have thirty
(30) days after the notice is received to eliminate or cure the conflict of interest in a manner that is
acceptable to the City.
20. NOTICES: Notices, bills, invoices or reports required by this Agreement shall be
sufficiently delivered if sent by the Parties in the United States mail, postage prepaid, to the Parties at the
following addresses:
City : Manager of
Company:
2390 Ulster, Suite 100
Denver, Colorado 80207
The addresses may be changed by the Parties by written notice.
21. DISPUTES: All disputes between the City and Company regarding this Agreement shall
be resolved by administrative hearing pursuant to the procedure established by D.R.M.C. § 56-106(b), et
seq. For the purposes of that procedure, the City official rendering a final determination shall be the
Manager.
22. GOVERNING LAW; VENUE: This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado, the Charter and Revised Municipal Code of the City
and County of Denver, and the ordinances, regulations and Executive Orders enacted or promulgated
pursuant to the Charter and Code, including any amendments. The Charter and Revised Municipal Code
of the City and County of Denver, as the same may be amended from time to time, are hereby expressly
incorporated into this Agreement. Venue for any legal action relating to this Agreement shall lie in the
District Court in and for the City and County of Denver.
23. NO DISCRIMINATION IN EMPLOYMENT: In connection with the performance of
services under this Agreement, the Company agrees not to refuse to hire, discharge, promote or demote,
or to discriminate in matters of compensation against any person otherwise qualified, solely because of
race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or
physical or mental disability. The Company agrees to insert the foregoing provision in all subcontracts
hereunder.
24. LEGAL AUTHORITY: Company represents and warrants that it possesses the legal
authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to
enter into this Agreement. Each person signing and executing this Agreement on behalf of Company
represents and warrants that he has been fully authorized by Company to execute this Agreement on behalf
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of Company and to validly and legally bind Company to all the terms, performances and provisions of
this Agreement. The City shall have the right, in its sole discretion, to either temporarily suspend or
permanently terminate this Agreement if there is a dispute as to the legal authority of either Company or
the person signing the Agreement to enter into this Agreement.
25. NO CONSTRUCTION AGAINST DRAFTING PARTY: Each of the Parties
acknowledge that they and their respective counsel have had the opportunity to review this Agreement
and that this Agreementshail not be construed against any Party merely because this Agreement or any
of its provisions were prepared by a particular Party.
26. ORDER OF PRECEDENCE:. In the event of any conflicts between the language of
this Agreement and the exhibits, the language of the Agreement shall control. In the event of any conflicts
between the language of Exhibit A and Exhibit B, the language of Exhibit A shall control.
27. SURVIVAL OF CERTAIN PROVISIONS: The Parties agree that all terms and
conditions of this Agreement, together with any exhibits and attachments, which by reasonable implication
contemplate continued performance or compliance beyond the termination of this Agreement, by
expiration of the term or otherwise, shall survive termination and shall continue to be enforceable.
Without limiting the generality of this provision, the Company's obligations to provide insurance and to
indemnify the City shall survive for a period equal to any and all relevant statutes of limitation, plus the
time necessary to fully resolve any claims, matters, or actions begun within that period.
28. COMPLIANCE WITH ALL LAWS: All of the services performed under this
Agreement by the Company shall comply with all applicable laws, rules, regulations and codes of the
United States and State of Colorado and with the charter, ordinances, rules, regulations and Executive
Orders of the City and County of Denver, as amended.
29. ADVERTISING AND PUBLIC DISCLOSURE: The Company shall not include any
reference to this Agreement or to services performed pursuant to this Agreement in any of its advertising
or public relations materials without first obtaining the written approval of the Manager, which will not
be unreasonably withheld. Any oral presentation or written materials related to services performed under
this Agreement shall include only services that have been accepted by the City. The Manager shall be
notified in advance of the date and time of any such presentation. Nothing in this provision shall preclude
the transmittal of any information to officials of the City, including without limitation the Mayor, the
Manager, City Council or the Auditor.
30. TIME IS OF THE ESSENCE: The Parties agree that in the performance of the terms,
conditions, and requirements of this Agreement, time is of the essence.
31. COOPERATIVE PURCHASING: The City encourages and participates in cooperative
purchasing endeavors undertaken by or on behalf of other governmental jurisdictions, pursuant to
D.R.M.C. 20-64.5. To the extent other governmental jurisdictions are legally able to participate in
cooperative purchasing endeavors, the City supports such cooperative activities. The prices offered herein
to the City shall be offered by the Company to any other governmental jurisdiction purchasing the same
products. The Company must deal directly with any governmental agency concerning the placement of
Purchase Awards, freight charges for other destinations, contractual disputes, invoicing, and
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payment. The City and County of Denver shall not be liable for any costs, damages incurred by any other
entity.
32. CITY EXECUTION OF AGREEMENT: This Agreement shall not be effective or
binding on the City until it has been fully executed by all signatories of the City and County of Denver,
and if required by Charter, approved by the City Council.
33. - COUNTERPAR I"S-OF-THIS AGREEMENT: —This Agreement may be executed in
counterparts, each of which shall be deemed to be an original of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first
above written.
ATTEST: CITY AND COUNTY OF DENVER
By: By:
WAYNE E. VADEN, Clerk and
Recorder, Ex-Officio Clerk of the City
and County of Denver
APPROVED AS TO FORM:
COLE FINEGAN,
Attorney for the
City and County of Denver
MAYOR
RECOMMENDED AND APPROVED:
By: By:
Assistant City Attorney [initiating agency]
REGISTERED AND COUNTERSIGNED:
By:
Auditor
Contract Control No.
"CITY"
By:
Print Name:
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"COMPANY"
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SECTION E: ADDITIONAL REQUIRED INFORMATION
E.1 CONTRACT CERTIFICATION FORM:
CITY AND COUNTY OF DENVER
DEPARTMENT OF GENERAL SERVICES
Request for Proposal: 10924A Video Closed Captioning Services
I, on behalf of the proposer identified below, hereby certify that I have read a copy of the sample contract
attached to the RFP and understand the terms and provisions contained in that contract. I further hereby
certify that it is the proposer's intent to comply with each and every term and provision contained in the
sample contract and propose no modifications to the sample contract except as follows:
1)
2)
3)
I understand that the modification stated above, if any, are offered for discussion purposes only and that
the City and County of Denver reserves the right to accept, reject or further negotiate any and all proposed
modification to the sample contract.
Company Name:
Authorized Signature:
Name (please print):
Title:
Date:
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E.2 REFERENCE LISTING:
Vendors shall furnish the names, addresses and telephone numbers of a minimum of three (3) firms or government
organizations for which the vendor has provided similar projects:
Company Name
Address
Reference
Reference Email Address
Telephone Number
Project Name
Value
Company Name
Address
Reference
Reference Email Address
Telephone Number
Proj ect Name
Value
Company Name
Address
Reference
Reference Email Address
Telephone Number
Project Name
Value
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E.3 DENVER VENDOR SUSTAINABILITY:
The City encourages vendors to demonstrate a commitment to and experience in environmental
sustainability and public health protection practices applicable to its line of products and/or services being
procured in this proposal. See Section A.16 of this proposal for the Denver Sustainability Policy and
Guidance. The following are examples of areas that may be addressed.
Explain how your products and/or services support the City's_goal of environmentally preferable
purchasing:
• Manufacturing Process • End of Life
• Product Content • Third Party Certification (Green Seal, Eco
• Transportation Logo, Design for the Environment, etc.)
• Packaging • Other
• Performance
Environmentally Preferred Purchasing Attributes
select all applicable attributes below
■
AQ
Indoor Air Quality -
Product/Service
LH
Less Harmful Content
RC
Recycled Content
■
•
AQ-NI
Indoor Air Quality -
Manufacturer
LV
Low Volatile Organic
Compounds - Product/Service
RR
Reconditioned /
Remanufactured
•
•
■
AQ-V
Q
Indoor AirQualityVendor
LV-M
Low Volatile Organic
Compounds - Manufacturer
RU
Reusability
•
•
•
BB
Bio-Based
LV-V
Low Volatile Organic
Compounds - Vendor
RY
Recyclability
•
•
■
BD
Bio-Degradable
NA
No Attributes
TB
Take -Back
•
•
■
DY
Durability•
1
OAProduct/Service
Other Attributes -
WE
Water Efficiency
•
•
EE
Energy Efficient -
Product/Service
OA-NI
Other Attributes -
Manufacturer
3-M
Third party certifications -
Manufacturer
•
•
•
EE-NI
Energy Efficiency -
OA-V1E
Other Attributes - Vendor
3-V
Third party certifications -
Vendor
•
■
■
EE-V
Energy Efficiency - Vendor
PD
Product Disassembly
Potential
•
■
List Other Attributes (if applicable):
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E.4 VENDOR INFORMATION:
Vendor
Business Name Tax ID # (TIN or SSN)
tusiness Address Telepf-ione Number
City, State Zip Fax Number
Order Address (If different from above) Email
City, State, Zip Ordering Email (If different from above)
Remittance Name
Remittance Address
City, State, Zip
Dun & Bradstreet Number
SIC Code and/or NAICS Code
Vendor Entity Type (check one)
O Individual ❑ LLP/LLC
❑ Partnership 0 Sole Proprietor
❑ Corporation ❑ Government
O Exempt/Non-Profit ❑ Employee
Disadvantaged Business Enterprise (DBE) ❑ Yes ❑ No
Type (check all that apply)
❑ DBE
❑ MBE
❑ WBE
❑ SBE
❑ SBEC
❑ ACDBE
❑ Other:
Disadvantage Business Enterprise
Minority Business Enterprise
Women Business Enterprise
Small Business Enterprise
Small Business Enterprise Concessions
Airport Concession Disadvantage Business Enterprise
Certification
Source
Certification
Number
Certification
Beginning Date
Certification
Expiration Date
Page 33 of 34
E.1 VENDOR'S CHECK LIST:
Request for Proposal Ns 10924A
Video Closed Captioning Services
The following check list should be used to ensure required documentation is attached to the proposal. If a
document is not required for your proposal, write n/a in the blank.
1. Have you signed the front page of the proposal?
2 Have you reviewed all proposal prices, checked unit costs, extensions and
totals?
3. Have you included manufacturer's names and reference numbers, as
applicable?
4. Have you listed the quantities you will supply?
5 Have you supplied any alternatives or additional information on separate _ YES
headed note paper? NO
Have you responded to or completed and included in your response all of the
6. City's requirements, questions, forms, including the vendor sustainability
form and other City requests (where applicable)?
7. Have you assured that there is sufficient time to transmit this proposal
electronically?
8 Have you enclosed relevant technical literature or samples (where
applicable)?
9. Have you completed and included the XO-101 Diversity and Inclusivity
Information Request Form as identified in Section A.18?
10. Have you completed and included all required MBE, WBE, SBE
documentation (where applicable)?
N/A
Page 34 of 34
DENVER
THE MILE HIGH CITY
General Services
Purchasing Division
201 W. Colfax Avenue, Dept. 304
Denver, CO 80202
P: 720.913.8100
F: 720.913.8101
www.denvergov.org/ourchasing
NOTICE OF INTENT TO AWARD
Date: May 29, 2018
Mr. Dave Battinieri
VITAC Corporation
8300 East Maplewood Ave.
Greenwood Village, CO 80111
Re: Request for Proposal (RFP) # 10924A Video Closed Captioning Services
Dear Mr. Battinieri,
This letter is to inform you that the evaluation for RFP #10924A has been completed and the
proposal submitted by your company has been determined to offer the best overall value to the
City. At this time, the City wishes to enter into the contracting phase with your firm for final
scope of work and contract terms.
Please feel free to reach out to Corrine Williams, Contract Compliance Coordinator, at 720-865-
2303 or corrine.williams@denvergov.org to discuss the next steps. Should you have any
questions, please feel free to contact me at the number listed below.
Sincerely,
Brenda Hannu
Senior Buyer
City and County of Denver
720-913-8118
brenda.hannu@denvergov.org
for City Services
Denver gets it done!
Print
PROPOSAL REVIEW
Clear Form
Proposal No
Proposal Title
10924A
File Folder Needed
Submitted By:
Brenda Hannu
Video Closed Captioning Services
No
EPP Strategy Identified
No
EPP Agency Input
• Formal Proposal ( RFP BMO Contacted
✓ Attorney Contract / Alfresco
c-Annual -' Ore —Time —Reg No
Prevailing Wage
Performance Bond
Bond Amount
No
✓ Bidding Exception
Bid
Opening Date
ShortTime
Comments:
Strategies
(Pricing)
(Award)
(Evaluation)
(Partnerships)
Award Clause
DBE Efforts
MWSBE
Ordinance
Estimated
Value
Term
Contact
No
EPP Objective Limits Competition
RFP Tech %
r Purchase Order
RFP Price %
No
r Master Purchase Order
Risk Review
Bid Surety / Guarantee
05/03/2018
NO
Time
Authorized
Agencies
Legal Ad
Pre
Proposal
2:00 PM
No
No
Contact
ubtrc-Opening
No
S Due with Proposal ifAPL
No
Date
Time
No
Program
Type
$232,000.00
2
Awarded
Vendor(s)
❑ AQ Indoor Air Quality
❑ AQ-M Indoor Air Quality -Manufacturer
❑ AQ-V Indoor Air Quality -Vendor
❑ BB Bio-Based
❑ BD Bio-Degradable
❑ DY Durability
❑ EE Energy Efficient
❑ EE-M Energy Efficient -Manufacturer
❑ EE-V Energy Efficient -Vendor
#.
Renewals
Awarded
Value
3
NAICS
Code
$232,000.00
#.
Responses
# DBE
Responses
Cost
Savings
DSBO
Contact
3.26(e)
Needed
# DBE
Awards
$0.00
# Vendor
Awards
SAM
Applies
VITAC Corporation, lower pricing and better tech.
Approval
Comments
❑ LH Less Harmful Content
❑ LV Low Volatile Organic Compounds
❑ LV-M LowVOC-Manufacturer
❑ LV-V Low VOC-Vendor
❑ N/A No Attributes
❑ OA Other Attributes
❑ OA-M Other Attributes -Manufacturer
❑ OA-V Other Attributes -Vendor
❑ PD Product Disassembly Potential
❑ RC Recycled Content
❑ RR Reconditioned / Remanufactured
❑ RU Reusability
❑ RY Recyclability
❑ TB Take Back
❑ WE Water Efficiency
❑ 3-M Third Part Certification-Mfr
❑ 3-V Third Party Certification -Vendor
APPROVALS Short Time
Buyer Supervisor
Review
Buyer Supervisor
Award
Shoffstall,
Tenlee J. - G5
Buyer Supv d..m,.,.,.
Shoffstall,
Tenlee 1. - GS
Buyer Supv
Deputy Director
Review
Deputy Director
Award
Buyer
Hannu, Brenda D. - GS Digitally signed by Hanna, Brenda
PurchasingProcurementY D. - GS Purchasing Procurement 1
Date: 2018.04.05150130-0600'
> S I M Review
Purchasing Director
>SIM Award
Purchasing Director
Johnson, Charles
From:
Sent:
To:
Subject:
Attachments:
Hannu, Brenda D. - GS Senior Procurement Analyst <Brenda.Hannu@denvergov.org>
Friday, August 23, 2019 4:19 PM
Johnson, Charles
Proposal Approval form
ProposalReview_Approval_10924A.pdf
CAUTION: This is an email from an external source. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Charles, attached is the Proposal Approval form from my supervisor to show that they were good to award this
award. It did not go to City Council or Mayor's Council for approval as it was below the $500,000 threshold for Council
approval.
From: Johnson, Charles <CJohnson@miamigov.com>
Sent: Wednesday, June 5, 2019 2:24 PM
To: Hannu, Brenda D. - GS Sr Buyer <Brenda.Hannu@denvergov.org>
Subject: [EXTERNAL] RE: Documents Needed - Contract #TECHS-201843887-00 / RFP 1042A
Good afternoon, Brenda.
Thanks so much for your help. If there is ever anything we can do to assist you, please let me know.
Best,
Charles Johnson, III, MBA
Senior Procurement Contracting Officer
City of Miami — Procurement Dept.
444 SW 2nd Avenue, 6th Floor
Miami, FL 33130
Phone: (305) 416-1924 Fax: (305) 400-5373
cjohnson c(Dmiamigov.com
"Serving, Enhancing, and Transforming our Community"
CONFIDENTIAL COMMUNICATION
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the
person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or
duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by
reply e-mail and destroy all copies of the original message. Thank you.
*Please Note:
Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City
business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to
public disclosure.
1
CONFIDENTIAL COMMUNICATION
The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the
person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution, or
duplication of this communication is strictly prohibited. If you are not the intended recipient, please immediately contact the sender by
reply e-mail and destroy all copies of the original message. Thank you.
*Please Note:
Due to Florida's very broad public records law, most written communications to or from City of Miami employees regarding City
business are public records, available to the public and media upon request. Therefore, this e-mail communication may be subject to
public disclosure.
3
VITAC
PROPOSAL TO PROVIDE REMOTE
REALTIME CAPTIONING SERVICES
FOR THE CITY AND COUNTY OF DENVER
FULL SCALE, REMOTE REALTIME ENGLISH AND SPANISH CAPTIONING
OF PROCEEDINGS AND OTHER LIVE AND PRE-RECORDED MEETINGS,
MEDIA AND FORUMS.
WELLINGTON E. WEBB
MUNICIPAL OFFICE BUILDING
201 WEST COLFAX AVE.,
DEPT. 304, 11TH FLOOR
DENVER, CO 80202
PHONE: (720) 913-8100
FAX: (720) 913-8101
Presented by:
Dave Battinieri
Vice President, Sales
8300 E. Maplewood Avenue, Suite 300
Greenwood Village CO 80111
Direct: (267) 822.7834
Toll -free: (800) 775.7838
Fax: 720.49.5664
Dave.Battinieri@vitac.com
www.vitac.com 'Page l 1
TAX ID: 25-1519537
CITY AND COUNTY OF DENVER
DENVER
THE MILE HIGH CITY
DEPARTMENT OF GENERAL. SERVICES
Purchasing Division
www.denvergov.org/purchasing
WELLINGTON E. WEBB
MUN ICQ'.AL OFFICE BUILDING
201 WEST COLF.•LX AVE.,
DEFT. 304, 11T" FLOOR
DENVER, CO 80202
PHONE: (720) 913-8100
FAX: (720) 913-8101
Buyer: Brenda Hannu
Email: brenda.hannu(denvergov.org
REQUEST FOR PROPOSAL Ns 10924A
Video Closed Captioning Services
SCHEDULE OF EVENTS:
•
RFP Issued
4/5/2018
•
Deadline to Submit Additional Questions
4/18/2018
5:00 P.M.
Local
i
Tme
•
Response to Written Questions
4/23/2018
•
Proposal Due Date
5/3/2018
2:00 P.M.
Local
i
Tme
Vendor offers to furnish to the City and County of Denver the materials, supplies, products or services
requested in accordance with the specifications and subject to the Terms and Conditions described herein.
VENDOR SIGN HERE
Company: VITAC Corporation
Address: 8300 East Maplewood Ave, Greenwood Village CO 80111
Jam-
Contact: �� � I Dave Battinieri
orized
(Print Name)
Signature constitutes acceptance of all Terms and Conditions listed on this form and all documents attached.
Email: Dave.Battinieri@vitac.com
www.vitac.com I Page l 2
Phone: 267.822.7834
www.vitac.com I Page 13
www.vitac.com ( Page I4
TABLE OF CONTENTS
CONTENTS PAGE
Table of contents 5
Cover Letter 6
I. Ability to meet and exceed scope of Work 7
II. — Proposer Questions and Requirements - 10
III. Realtime Captioning Samples 27
IV. Pricing 27
V. vendor and captioning requirements 30
A. The city Provides 30
B. VITAC Equipment 30
C. Foreign Language Support 30
D. Captioning process and delivery 31
E. Transcripts and delivery 31
F. Technical support, testing and project management 32
VI. Qualifications of key personnel and captioners 33
VII. Customer references 34
VIII. Major Clients with hyperlinks 35
1) Municipal Experience: client list is confidential 35
IX. WORDS OF CONFIDENCE / TESTIMONIALS 37
X. Diversity and Inclusion Form 38
Xl. Contract Certification Form 50
XII. Denver Vendor Sustainability 52
XIII. Vendor Information 54
XIV. Vendor Checklist 55
XV. Company DETAIL 56
XVI. Subcontractors 57
XVII. Exceptions to the RFP 57
www.vitac.com IPagel5
COVER LETTER
Thank you for the opportunity to present this proposal to provide remote realtime captioning
and transcription services to The City and County of Denver ("Denver").
VITAC Corporation("VITAC") is the current provider of realtime English and Spanish captioning
service with multi -platform integration and transcription with .docx and .smi file delivery to
many government entities across the country including the City of Aurora and desires to
continue providing this critical service under the terms of the RFP.
Our company realtime accuracy exceeds the 95% realtime and 99.9% pre-recorded project
accuracy requirements in the RFP. Captioning and transcripts are word-for-word
representations of the dialogue and not paraphrased. Edited and unedited transcript
turnaround time meets or exceeds Denver's requirements.
All assigned realtime captioners to Denver's projects are NCRA-certified stenocaptioners many
with 10 years or more realtime captioning experience. The assigned account/project manager,
who is highly experienced with the needs of Denver and has been servicing similar projects for
the past several years, will remain assigned to Denver's projects.
We are a highly qualified firm to provide full scale, remote realtime verbatim captioning to the
City and County. As the nation's largest provider of remote realtime and Offline captioning
service, VITAC wishes to continue our 30+ year company history of providing high quality,
continuous realtime closed captioning services utilizing off -site, remote captioning via dial -up,
VPN and IP-connect encoding methods, Internet URL streaming and player integration.
We meet and exceed all of the RFP requirements as detailed. We are the sole source provider
and will not use sub -contractors to perform this service. Our company and our staff are US -
based. There are no exceptions to the RFP.
In January 2017, VITAC acquired the business of Caption Colorado. Combined, we are the
largest provider of captioning services in the nation, responsible for realtime captioning
solutions for over 1,500 network, cable, government and municipal customers captioning
500,000 hours of events annually. We are a company of over 675 employees with over 425
www.vitac.com I Page 16
realtime captioners on staff. We perform realtime captioning service identical to Denver's
needs for over 1,000 events daily.
VITAC offers more than experience. We are a full -service captioning company with engineering,
technical, production and customer service support available 24/7/365. Our extensive backup
systems — technical and staffing — means less hassle for you, the customer. We are called the
"no worries" caption company for a reason and enjoy proving to our clients why we earned this
nickname.
We are a diverse company that maintains an anti -discrimination policy which requires that we
will not discriminate in hiring on the basis of gender, race, religion, sexual orientation, or
medical condition.
Our proposal is presented in the order requested in the RFP with signed attachments at the
end. Should you have any questions, please don't hesitate to contact me at (267) 822.7834 or
Dave.Battinieri(c�vitac.com.
i. ABILITY TO MEET AND EXCEED SCOPE OF WORK
As the nation's largest provider of realtime captioning service and the incumbent provider to
many government entities - and previously serviced the City of Denver under Caption Colorado
in the past, VITAC wishes to continue our 30+ year company history of providing high -quality,
continuous remote realtime captioning services and pre-recorded captioning and transcription
services as requested.
Requirement and Qualifications
RealTime Captioning
A. VITAC will be able to provide live real-time captioning of video programming emanating
from distribution on Denver 8 TV at accuracy rate above 95%. Additionally, VITAC will be
able to accommodate offline captioning of submitted programs in a timely fashion or
permit captioning of channel scheduled programs.
B. Realtime English and Spanish captioning is performed continuous and until the end of
the program for dialogue of 225-250 words per minute and minimal delay (latency).
C. Our NCRA-certified stenocaptioners have greater than 95% accuracy with captions that
match the spoken dialogue without paraphrase and use proper spelling, spacing,
capitalization with mixed case text and punctuation.
www.vitac.com 1Pagej7
D. We will describe how we currently provide 24/7/365 customer service and technical
support our other clients with instant backup in case of failure by captioner or service
connection.
E. The account manager who is highly familiar with the needs on government entities
remains assigned.
F We currently sign -in at least 10 minutes prior to the scheduled start time and we remain
on until event conclusion, even if it runs longer than the scheduled time.
G. We have provided several captioning samples from realtime captioning clients; we
include an unedited text transcript from event we captioned for your review.
H. As the nation's largest provider of realtime captioning with a staff of over 550 realtime
captioners, we will not use sub -contractors in the performance of your work. We will
give scheduling preference to NCRA-certified captioners already experienced in
performing work similar to yours.
I. Key Personnel bios and captioners with NCRA credentials are included.
J. Our company hiring and training process is included.
Offline Captioning
A. All off-line captioning work will be completed at our site; we will supply the City with a
secure FTP site for file transmission.
B. VITAC will insure that all off-line captioning is guaranteed, that all captions will be
according to the City's satisfaction, and all productions will be recorded on broadcast
quality media to the City's specifications.
C. Off-line captioning may require a tight timeline and quick turnaround — VITAC can
accommodate rush turnaround should the City require it.
D. Off-line captioning is defined as: transcription services for pre-recorded and post -
production programs — VITAC understands this, are experts in this and will supply this to
the City.
Captioner / Steno-Captioner Requirements
A. All VITAC captioners will load pre -determined dictionaries, provided by the City, in
advance so names and titles are spelled correctly — we currently provide this for all
government entities that we deal with.
B. VITAC's Real-time Captioners will provide the best possible "translation". Captioners are
required to write at less than 5% error rate — VITAC meets or exceeds this.
C. VITAC provides our Steno-captioners with the technical tools/software necessary to
perform captioning tasks; e.g., steno -writers, computers with steno dictionaries and a
third line or cellular phone for troubleshooting, should the need arise.
www.vitac.com I Page I
Scheduling
A. VITAC will contact the City municipal cablecast scheduling coordinator to obtain regularly
scheduled assignments. City personnel will contact VITAC as necessary to modify, alter
schedule or arrange other captioning assignments.
B. The hours of live captioning generally occur during standard business hours, but may
occur -at any -time -during cablecast hours -that are currently scheduled from 6 AM-to-11:30
p.m. seven days per week. Some events may begin during these standard hours and
extend into after-hours as required by the event organizers. VITAC will provide continuous
captioning throughout the event until the completion of the production.
C. The City requires the right to add or remove productions to the captioning plan on an as
needed basis. Notification of such occurrence may be with as little as two (2) hours prior
to the change without incurring any additional charges — VITAC understands the nature
of government items changing and will not charge any cancellation or modification fees.
Hardware the City and County Owns
A. While VITAC can help the city with recommendations with encoders and audio lines we
do not sell or distribute this equipment. VITAC does however work with vendors and
companies that can fulfill this request. VITAC will work hand in hand with the City to
ensure they get the necessary equipment. VITAC also has experience working with any
and all captioning equipment.
Additional Requirements
A. VITAC has been in business since 1986, we are the largest and most respected captioning
company in the nation. We service 550,000 hours annually of projects similar to those of
the City.
B. VITAC has sufficient staff to start and complete any scheduled captioning session without
interruption —VIATC employs the largest workforce of Captioners in the industry.
C. Caption style is per City specifications. Live meeting coverage caption size and placement
should be flexible as to where it is placed on the screen. Off-line Caption placement may
be determined by content and may be determined on a case -by -case basis—VITAC agrees
with this.
D. The proposed pricing will be an hourly rate that will cover any miscellaneous costs
incurred in the providing of this service. These costs may include but are not limited to
the Captioner's time, preparation time, long distance charges, administrative staff and
facilities, telephone rate charges.
www.vitac.com I Page 19
E. VITAC has the capability to caption foreign -language productions and technical language
productions — a list of all available languages will be furnished upon request.
F. VITAC will provide the steno-captioners with a checklist for the assignments, which fully
describes the specific assignment, contact names and numbers, technical details and
troubleshooting information.
G. VITAC will provide an electronic transcript of each production to the City. This transcript
is to be submitted to the City in a manner and time -frame determined by mutual
agreement — VITAC offers an unedited raw transcript that can be immediately
downloaded at the conclusion of every event.
11. PROPOSER QUESTIONS AND REQUIREMENTS
1. Please describe your organization's experience providing the services as detailed in
the above scope of work.
VITAC is responsible for realtime captioning of over 500,000 hours of live TV programming per
year, and creating verbatim, precisely -timed captions for 50,000 hours of prerecorded programs
per year. Customers include every major network, most cable channels, program producers,
corporations, government agencies, and more. We perform captioning service identical to the
County's needs for 1,500 events daily.
VITAC has approximately 675 employees, over 425 employees are realtime captioners who are
supported by a stellar client services and engineering staff. We measure customer satisfaction
with each customer, and have always exceeded our goals.
WITHIN OUR LINES OF BUSINESS, WE GUARANTEE:
• On -time delivery: 99% delivery of your Offline or prerecorded project within the
requested hour
On -air uptime: 99% on -air live realtime captioning tracked, reported on a daily basis
• Availability: 24 hours/day, 365 days/year, our service experts handle your calls
• Accuracy: Offline captions and subtitles are double-checked to ensure 100% accuracy
• Quality: Realtime captions at 98% accuracy when audio is clear and prep material is
supplied
• CC compliance: VITAC complies with all FCC Caption Quality Best Practices for accuracy,
synchronicity, completeness, and placement
www.vitac.com 'Page 110
SERVICES OFFERED:
• Realtime English captioning w/transcripts
• Realtime Spanish captioning w/transcripts
• Offline captioning
• Translation Services
• Subtitling
• In-house SD & HD encoding
• Nonlinear Encode Solutions: MXF, CableLabs Spec, MPG2
• Video Description
• Transcription
No company has people more experienced in the development of captioning systems and
techniques than VITAC. The staff of VITAC includes many long-time professionals, most with
more than 20 years' experience in the industry and captioners who are best in class.
VITAC's employees have helped to develop the standards for captioning and subtitling, as well
as many of the systems used to create, encode, and decode captions. We use this deep
experience to ensure that clients receive the highest levels of technical assistance and customer
service, along with the best, most efficiently produced, and stylistically consistent captions and
subtitles that anyone can create.
Today, VITAC operates out of offices in Canonsburg, Pennsylvania and Greenwood Village,
Colorado, as well as the hundreds of home offices of realtime captioners all over the country.
2. Services for live captioning, during the weekdays, are subject to the number of
meetings that the City identifies should be broadcast with captioning for the public. These
meetings usually are identified by a set start time but the end time is not guaranteed.
Discuss your approach to meetings that may go over the scheduled time slot.
Our captioners are connected via secure IP-delivery to our redundant technical facilities, where
their output is monitored as it is transmitted to the customer. Our monitoring device, called B2B
for "back-to-back," allows captioners to caption back-to-back over long periods of time without
ever dropping the connection or missing captions. This instant back-up is particularly helpful
during long meetings for captioner transitions. VITAC also captions for many other government
www.vitac.com I Page 111
entities in a similar fashion — our seamless transitions allow us to caption until the conclusion of
the event even if it runs over the scheduled time.
3. Discuss your approach to emergency requests. See Section B.2 (7 for the City's
definition of an emergency.
Urgent and/or Emergency production will be initiated by City personnel for productions arising
outside of regularly scheduled hours. VITAC makes every reasonable effort to accommodate
emergency broadcast. With the number of employed Captioners VITAC has we have never
missed an emergency broadcast. During Hurricane Irma we captioned emergency broadcast for
Miami at a continuous pace. While we cannot guarantee emergency captioning, no company is
better equipped to handle such requests.
4. The City asks that all off-line captioning be guaranteed to meet the City's satisfaction
and that all production be recorded on broadcast quality media. What quality control efforts
will your company perform or do to ensure that this requirement is met? Please identify the
media that is available for this service.
VITAC provides over 57,000 prerecorded deliverables each year to some of the biggest names in
broadcast and web media, including all 14 Discovery networks, Netflix, and Scripps networks
(HGTV, Travel Channel, and Food Network). We also provide offline captioning to numerous
Federal Government entities including the IRS, the CDC, and municipal entities, such as Iowa
Public Television and the Arizona State Department of Health.
Offline captions are 99.99% accurate and verified for quality assurance by at least one manager
or supervisor before they are sent.
VITAC's captions for prerecorded programming meet FCC offline captioning requirements and
are offered in three styles:
• Roll -up: All dialogue, sound effects, and lyrics appear as 2 or 3 lines of text placed in a
fixed position at the bottom or top of the screen, depending on graphics
• Pop -on: All dialogue, sound effects, and lyrics can appear anywhere on screen — top,
bottom, left, right, center. Dialogue appears below, above or next to the person speaking, while
all sound effects and lyrics are placed in the centered position.
www.vitac.com I Page 112
• Pop -Center: All dialogue, sound effects and lyrics appear in a fixed, centered position at
the bottom or top of the screen, depending on graphics
Workflow/Process
1. Video or audio assets are delivered to VITAC, and entered by our Customer Service
Department into our caption scheduling software. This software includes such data as: caption
style, formatting (mixed case/all uppercase), due dates, deliverable format and the location of
common treatment sheets.
2. Our Director of Offline Captioning assigns transcription to the approved Transcriber
and/or Captioner. She will do her best to ensure the same Transcriber/Captioner team is
responsible for similar programming.
3. The Transcriber pulls up the video or audio asset in our proprietary captioning software,
VNL, and begins typing, entering the text into our software. The employee responsible for the
initial transcript creates a Verification Sheet —building a list of common terms and proper
confirmed spellings.
4. The completed transcript is sent to a Timer/Placer, where the transcript is reviewed
against video, and broken into captions. The captions are timed to match the audio. If
necessary, placement codes are added.
5. The final caption file is reviewed by a supervisor and exported in the preferred file
format. The supervisor forwards the file to our traffic department, who delivers the asset to our
customer.
With 57,000 assets each year running through our offices, we've developed a proprietary
scheduling system to allow for increased efficiency, better workflow, ability to accommodate
last-minute turnarounds, and identifying the history or production progress of any client
programming, anticipated due dates, along with notes or other special information concerning
the project.
The system includes the following elements:
Traffic Scheduler: VITAC created software to track programming from start to finish, through all
aspects of production. The program, called the Traffic Scheduler, is a 4-system, multi facility
program, which ensures our customers receive on -time delivery and captioners always know
what they are captioning.
www.vitac.com I Page l 13
Traffic Workflow: With input from VITAC's client services department, the Scheduler generates
a work order that includes all available information regarding every job and its elements,
including client, program, total run time, deliverables, arrival/delivery date/time information,
etc. Every phase of production, from Order Acknowledgement to offline production to final
delivery, is tracked.
Scheduling: Every staff member utilizes the Scheduler for his/her daily assignments, which are
prioritized by specific due times for the individual.
Production Reporting: The scheduler generates reports that include total program hours due
each day, total program hours delivered each day, total program hours encoded each day, etc.
Quality/Accuracy:
VITAC hires staff who have four-year college degrees, with an emphasis on English, Journalism,
Communications and other related fields of study. Before an interview is even granted,
candidates must pass a four-part proficiency test, which focuses on grammar, punctuation,
word usage and typing.
Utilizing a classroom -type setting, with small group sizes, trainees receive in-depth, one-on-one
instruction in offline transcription specifications, advanced grammar, and research and
verification SOP's. The training period is 2-3 weeks for transcription -entry software. After this
time, progress reports are used to monitor Transcriptionist quality and provide feedback.
Offline transcription involves continuous quality control. The person who initially transcribes a
show makes a list of questionable spellings to be researched. Transcriptionists are trained to
question every spelling, as even a simple name like John Smith could have alternate spellings
(e.g. Jon Smythe). The Transcriptionist must provide a source for their verified spellings.
Final transcriptions are reviewed by senior staff members before delivery. This senior staff
member completes detailed evaluations, citing all changes — both hard errors (i.e., spellings,
punctuation, audios, etc.) and soft errors (i.e., stylistic issues based on VITAC's comprehensive
style guide). They also review verification sheets.
The following factors are considered when evaluating offline transcription performance:
• Spelling
• Punctuation
www.vitac.com I Page l 14
• Line breaks
• Timing
• Adherence to program treatment rules and client requests
• Stylistic issues (i.e., proper use of ID's, italics, etc.)
5. Discuss your approach to scheduling conflicts. Note: The City anticipates that the
successful contractor will make the City its number one priority and that the assigned
captioner will be providing services.
VITAC will provide the City with an individual SSL-secure ordering site for scheduling events
using a unique log -in and pass code. Most clients order several days in advance of each event
and we have never missed captioning an event due to lack of notice and we have every covered
event, even with short notice. VITAC understands that the City needs to be a number one
priority especially under the circumstances with the DOJ.
• Our captioners are all scheduled well in advance and must "check -in" to our scheduling
system 10 minutes before their event is scheduled to start. If a check -in doesn't occur, alarms
ring and backup procedures are put into place. This ensures that we are always ready to test
with our customers in advance of any event.
• We understand the City's scheduling needs and are able to work with the nature of your
open-ended events. Overrun captioners are available to cover events that run over.
• Events requested with 48 hours or more advance notice are guaranteed for coverage.
• Events requested with less than 48 hours or more advance notice are covered using best
efforts with reasonable commercial practices. The RFP requests our ability to accommodate
short notice events submitted and we exceed this requirement.
• Events cancelled with less than 24 hours or more advance notice are not billed.
6. Discuss your approach to lengthy meeting coverage that may require staff changes.
Please refer to the answer to question #2: Our captioners are connected via secure IP-delivery to
our redundant technical facilities, where their output is monitored as it is transmitted to the
customer. Our monitoring device, called B2B for "back-to-back," allows captioners to caption
www.vitac.com I Page l 15
back-to-back over long periods of time without ever dropping the connection or missing
captions. This instant back-up is particularly helpful during long meetings for captioner
transitions. VITAC also captions for many other government entities in a similar fashion — our
seamless transitions allow us to caption until the conclusion of the event even if it runs over the
scheduled time.
7. The City desires flexibility in the products that will be identified for captioning and
has identified a two-hour window. What is an acceptable timeframe to be notified of
scheduling changes? When or what time frame of notification would affect your rates?
VITAC understands the need for scheduling changes and accepts the City's scheduling changes.
VITAC recommends that events be scheduled with more than 48 hours' advance notice for
guaranteed captioning. We can always make adjustments after the fact. The only factor that
affects a rate change is emergency scheduling that is needed for same day in which a 50% rate
increase is applied.
8. In the Scope of Work the City makes mention of a possible "tight timeline and quick
turnaround" for offline captioning. Please provide timeframes for turn -around of offline
captioning/requirements for offline captioning.
Typical turnaround time for offline captioning of a file is 3 business days. We can rush this order
for 50% rate fee for same day to 24 hour turnaround. If the City needs things done sooner than
3 business days it is recommended to contact the Project Manager at VITAC— Dave Battinieri
who can assist with quick turnarounds.
9. Discuss your approach to Toss of connectivity
VITAC is staffed by captioning experts 24/7/365 with the largest team of realtime captioners in
the country. We take pride in our ability to ensure that our customers are always on the air with
captions, creating redundancies and duplication for each of our captioners and our facility.
Should a captioner experience equipment issues or power failure, our on -site power back-up
provides a minimum of 15 minutes of continued service allowing our 24/7 operations team time
to assign a replacement captioner for seamless transition and uninterrupted service.
10. Please provide an example of your service level agreement.
www.vitac.com I Page l 16
VITAC Corporation will provide remote real-time English captioning to ("Customer") for live
captioning for webinars and other events as desired.
VITAC will call in/log in 10 minutes prior to the start of an event and will stay on until the
scheduled end time of the call. VITAC strives to stay on if the event runs longer than the
scheduled time, however it is not guaranteed. For the most efficient captioning, _VITAC requests
that Customer provide preparation materials. Customer agrees that dictionary preparation with
words, terms, jargon and proper names will be provided to VITAC's captioner for preparation at
no additional charge. The captioner will need clear audio and captions will be impacted by poor
audio or accents.
For guaranteed captioning service, VITAC requires Customer to request service for events 48
hours or more in advance of event start time. VITAC strives to use commercially reasonable
efforts to reserve a captioner less than 48 hours, but cannot guarantee.
Unedited transcripts are included at no additional charge and can be downloaded directly to
Customer's desktop at the conclusion of each session for Customer's convenience.
VITAC offers 24/7 operational support for scheduling, last minute emergency and online
ordering assistance.
VITAC provides 24/7 technical assistance for captioning.
Use. Unless otherwise provided in this Agreement, the rights and licenses granted hereunder
shall be limited to the Customer's use only and services are between the Customer and VITAC.
The license granted hereunder may not be transferred, leased, assigned, or sublicensed without
VITAC prior written consent, except for a transfer of this Agreement in its entirety to a successor
in interest of Customer's entire business that assumes the obligations of this Agreement.
Proprietary Protection. VITAC shall have sole and exclusive ownership of all right, title, and
interest in and to the Software Program(s) and related documentation, all copies thereof, and
all modifications, enhancements and Derivative Works thereto (including ownership of all
copyrights and other intellectual property rights pertaining thereto), subject only to the right
and license expressly granted to the Customer herein. This Agreement does not provide the
Customer with title or ownership of the Software Program(s), but only a right of limited use.
The Customer acknowledges that the Software Program(s) are the proprietary information and
a trade secret of VITAC and this Agreement shall grant the Customer no title or rights of
www.vitac.com 'Pagel17
ownership in the Software Program(s). The Customer also agrees not to (a) make or assist in
making any changes to the Software Program(s), (b) reverse -engineer the Software Program(s),
or (c) incorporate any portion of the Software Program(s) (or concepts thereof) into another
product, code or software program.
Compliance with Law. Each party is responsible for complying with all local, state, and federal
laws.
Governing Law. This Agreement shall be governed by and construed in accordance with the
internal laws of the State of Colorado without regards to conflict of laws or principles of such
state.
Confidentiality. Each party agrees to maintain in confidence the terms of this Agreement and
any proprietary or non-public information, including technical information and rates, which may
be disclosed to it under this Agreement by using at least the same physical and other security
measures as it uses for its own confidential technical information and documentation. Each
party further agrees not to disclose such information to anyone other than employees, affiliates
or contractors who have a need to know or obtain access to such information in order to
support its performance pursuant to this Agreement, including the authorized use of the
Software Program(s) and are bound to protect such information against any other use or
disclosure. These obligations shall not apply to any information generally available to the
public, or independently developed or obtained without reliance on such information.
11. The City desires captioning services provided in foreign languages. These include, but
are not limited to, Spanish. What parameters do you need for the City to have access to such
service? This service is not to apply to real time captioning.
Price for multi -language services varies by language and turnaround time. Best practice at
VITAC is to price these on a job by job basis which has proven to be most effective to the
customer and VITAC. Below you will find a multitude of language offerings. The City is more
than welcome to take part in these services, this would be the same as offline captioning at
VITAC.
www.vitac.com I Page l 18
MULTI -LANGUAGE SERVICES
Video programmers and producers turn to VITAC for accurate translation, flawless timing and quick turnaround.
OUR TEAM OF EXPERT CAPTIONERS AND SUBTITLERS INCLUDE:
• EML experts: Skilled English captioners who create the original English Master List.
. Tanslts NaVi'1e speakers —at t mrtn English populate e time file with their translations.
• QC Experts: Native speakers. fluent in English and skilled at the timing subtitles.
• Reviewers: Native language subtitle experts who review and render final files.
Our expertise spans a wide range of subjects - from corporate rebranding to online training videos, from the latest movie
release to internationally distributed TV networks. VITAC's Multi -Language Subtitling team are experts at translation
and the creation of captions and subtitles in over 50languages for niche customers including. but not limited to:
• English(UK) • Bulgarian • Lithuanian
• Spanish (Latin American) • Croatian • Norwegian
• Spanish (Castilian) • Czech • Polish
• French (Canadian) • Danish • Romanian
• French (Parisian) • Dutch • Russian
• Italian • Estonian • Serbian
• German • Farsi • Slovak
• Portuguese (Brazilian) • Finnish • Slovenian
• Portuguese (Continental) • Greek • Swahili
• Chinese (Mandarin Simplified) • Hebrew • Swedish
• Chinese (Mandarin Traditional) • Hindi • Tagalog
• Chinese (Cantonese) • Hungarian • Thai
• Arabic • Icelandic • Turkish
• Bahasa - Malay Japanese •
Urdu
• Bosnian• Korean Vietnamese
12. The successful vendor is to provide the assigned captioner with a check list of the
assignments and other details. Please provide a sample of your check list for the City to
review for completeness.
We believe that accuracy quality begins with talented knowledgeable personnel. VITAC has a
highly specialized screening process that each new Realtime captioner applicant must complete.
Prior to hiring, VITAC reviews a Realtime captioner candidate's written, unedited ASCII files of
specific programs — regardless of that candidate's captioning experience. We evaluate a
candidate's captioning speed, accuracy, theory and writing style. This screening process helps
VITAC determine whether the candidate has the necessary theory and speed skills to successfully
caption live programs at the high level of accuracy that we demand before an interview is
granted. For every ten Realtime captioner candidates that apply to VITAC, only one candidate
makes the interview stage.
www.vitac.com I Page 119
After hire, VITAC requires all Realtime captioner trainees to travel to VITAC training centers to
receive intensive one-on-one training in the control room environment to learn VITAC's
captioning software and our captioning SOPs. After that first week, the Realtime captioner
trains with VITAC's Manager of Realtime Captioner Training to learn how to caption to VITAC's
high standards. Depending upon the Realtime captioner trainee's past captioning experience,
this period can take from one to five months of intensive training before the Realtime captioner
may go live on -air with any type of programming. Individuals who have never captioned before
always receive a minimum four months of training, learning how to caption VITAC's different
tiers of programming. During the training program all trainees must achieve designated
benchmarks related to captioning quality, and successfully pass each benchmark with a
minimum of 98% accuracy.
Training consists of individual dictionary work, and many repetitive live captioning simulations
in the control room environment, which are reviewed live by the training manager. Afterward,
the training manager will give their evaluation of which areas the Realtime captioner trainee
performed well in, and what they need to work on specifically to improve their accuracy on that
type of program for the next simulation. The training manager must approve each Realtime
captioner trainee for each tier of programming before that captioner may caption it live.
Review and feedback is continually provided to a Realtime captioner, especially in their first year
on air, from the training manager and other experienced Realtime captioners assigned to review
their work. This process continues throughout an individual's career at VITAC.
The accuracy of realtime captions, of course, depends on the skill of the Realtime captioner and
on the degree to which program content can be anticipated. So, controlling quality begins with
an aggressive effort to obtain program information in advance — uncommon terms and proper
names correctly spelled — and to give it to the Realtime captioner early enough to be included in
their computer dictionary and used for practice. Then, if errors occur in a realtime job, the key to
preventing repeat mistakes is to determine whether mistakes were the result of skill, lack of
advance information, or factors beyond our control (such as garbled audio or the speaker's
speech).
Toward this end, VITAC has instituted random reviews of the work performed by its Realtime
captioners. Without prior notice, a Realtime captioner is notified that a specific program they
just captioned is being reviewed. They must turn in a transcript of the particular program, and
the supervisor notes all errors on a Realtime Quality Evaluation form. Every live program is
preserved on tape for at least one week. This taped record also ensures that the Realtime
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captioners transcript has not been doctored to hide any errors. The results tell us where each
Realtime captioner needs practice or additional training. By comparing the records of all
Realtime captioners for a particular series, we can learn if adjustments need to be made in
preparations for that series.
For the City, we will maintain a list of captioners proving satisfactory and unsatisfactory
performances and will not use captioners on the unsatisfactory services list.
VITAC has an exceptionally low turnover rate for captioners driven by great comradery,
continuing training, paid company medical benefits, company matching 401(k) and set your
own schedule flexibility.
Below is a sample of a realtime event that was scheduled for Oral Arguments in May:
Thu
5/4/2017
3260166
04:OOPM-
05:30PM
Tele Cap Deaf 1.50
Description: Supreme Court of California May Oral Arguments
Facility: ENGLISH Supreme Court Oral Arguments
Broadcast Cust: CCHQ
Client Event ID: 2653
Event Notes: Backup Audio Source if Having issues with URL: Toll free
1-877-820-7831 Toll 1-720-279-0026 Participant Passcode 926648
Captioners will connect through a unique Granicus weblink:
http://jcc.granicus.com/MediaPlayer.php?event_id=248. Please be on
standby 10 minutes before oral arguments are scheduled to begin and
enter: "Please stand by for realtime captions" when captioner is
present. Each case is scheduled for one hour, but may run long or
short depending on the individual case. Afternoon session scheduled
from 1:30 p.m. to 4:30 p.m. with three (3) cases. Captioning to
commence when the justices come onto the bench and the bailiff says
"All Rise", and end when the justices leave the bench and the bailiff
adjourns the proceedings.
Param: Conf. CaII
#: http://jcc.granicus.com/MediaPlayer.php?event_id=248
Event Subject: Supreme Court of California May Oral Arguments
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Cost Center: Contract#1032582
Contact: Jim Hill
415-865-7769
jim.hill@jud.ca.gov
13. At the end of a job, the successful vendor is to provide a transcript of the captioned
program in a timely manner. How will your company meet this requirement? Please provide
a sample of no more than one page of how the transcript will appear.
An unedited text transcript is available to the City to download directly to your computer
desktop immediately at the conclusion of the meeting without additional steps or process. For
any event where the transcript wasn't retrieved, we are able to place the transcript into a
password protected Dropbox, a password protected FTP folder or we can e-mail it to the City
contact of record. Below you will be a plain text sample of what a meeting transcript would
look like — you will notice that when a speaker changes it is indicated with indentation marks.
»> HELLO, EVERYONE.
IF YOU CAN HEAR ME, PLEASE TELL
SO IN THE CHAT BOX.
»> WELCOME.
THANK YOU FOR JOINING US TODAY.
TODAY IS ORGANIZED BY
SECRETARY'S OFFICE OF GLOBAL
PARTNERSHIP.
I'M MELISSA CARSON AND I WILL BE
MODERATING THE DISCUSSION.
FIRST OF ALL, 1 WOULD LIKE TO
THANK OUR PARTNERS FOR PROVIDING
US WITH THE SPACE AND FOR ALL OF
THE TECHNICAL SUPPORT.
SO PUBLIC -PRIVATE PARTNERSHIPS.
WE HEAR ABOUT THEM A LOT.
BUT WE DON'T REALLY TALK MUCH
ABOUT RESULTS AND THE MOTIVATION
OF PUBLIC -PRIVATE PARTNERSHIPS.
IT'S DEFINITELYA CHALLENGE FOR
www.vitac.com 1 Page 122
PROFESSIONALS.
SO THAT'S WHY WE ARE HERE TODAY
TO DISCUSS HOW WE CAN BRIDGE
THAT GAP.
I WOULD LIKE TO INTRODUCE YOU MY
WONDERFUL PANELISTS, FIRST I
WOULD-LIKf-TO STA-RT-WITH-DR.
ANDERSON, MISS GWENDOLYN IS
WORKING AS THE PROGRAM DIRECTOR
14. Detail your standard requirements for submitted documentation (i.e. agenda) prior to
live captioning.
VITAC welcomes any and all prep material for upcoming events such as agendas, names of
participants, a list of commonly used terms, etc. Any prep material will be used by the
scheduled captioners to load into their dictionaries for increased quality and accuracy of the
captions. Of course we also caption many everts where there is no prep material provided,
again however anything that is provided is helpful to ensure a better flow with quality and
accuracy. Materials should be sent in as soon as possible to give time for the captioners to load
anything into their dictionaries. This material can be sent to prep@vitac.com along with your
event ID number that will be provided to you upon scheduling.
15. Provide an assessment of accuracy rates for live captioning.
Our captioners are able to capture normal conversation with the required 95% accuracy or
better.
Realtime captioners maintain as close to 100% accuracy as humanly possible. Our company
captioning accuracy average for broadcast television news is 99.2%. Accuracy issues are
typically a case of poor or unintelligible audio or heavy accents which we cannot control.
For captioners with the company for longer than one year, they must maintain 99% accuracy or
better in order to receive new captioning assignments. For on -going clients, we work diligently
to maintain the same staff on assignment in order to maximize familiarity with terms, names,
and current events.
www.vitac.com I Page 123
Realtime captioning follows an exacting quality and testing procedure, which leads all realtime
captioners to receive a quality score. The Target Accuracy Score (TAR) measures realtime
captioning accuracy and quality, including hard errors (spelling mistakes and misstrokes) and
soft errors (punctuation and grammar).
When recorded audio is unavailable, VITAC will perform Readability Score (ARR) measures and
evaluate the readability, effectiveness and missed words and improper punctuation for an
event. The County may request any assignment to be quality ARR scored; there is no charge to
the County. We would expect this to be a rare or exceptions request due to a quality concern or
complaint in writing.
Accuracy is calculated using the following formula:
Total Errors x 100
100 minus
Total Words Written
Accuracy %
The company accuracy score for realtime television broadcast news captioning is 99.2% and is
assisted by receiving quality prep material in advance of the program or event. Our intent is to
produce captioning as verbatim to the original dialogue as possible.
Our quality control department maintains accuracy reports and monitors captioner quality on a
routine basis. Reports are prepared monthly for captioners exceeding quality standards and
weekly for captioners hovering at or near quality standards.
When we identify a captioner that is not meeting standards, we work with that captioner to
reach and exceed those standards. If unable to achieve quality expectations, that captioner is
removed from your team of assigned staff and replaced with another qualified individual.
If the Council identifies unsatisfactory work, we have a single point of contact to communicate
these issues to and to work with you in improving captioning accuracy. At your request, we will
remove an underperforming captioner from your work and replace them with another qualified
individual.
www.vitac.com I Page 124
16. Describe your relationship between you and your employees. Do you use contract
employees or hire captioners directly? What is the benefit to the City regarding the method
used to obtain captioners?
Below you will find our captioner accuracy and retention policies along with our_training for
captioners. VITAC is one of the only companies that employs every single one of our captioners.
What that means to the City is that, we control their equipment, the software, the updates. You
never have to worry about an IC working with out of date equipment or software. We employ
the largest number of captioners in the industry. This means better quality and accuracy for the
City, along with less technical issues that could arise.
The RFP specifies that all assigned VITAC captioners must be certified by the National Court
Reporters Association (NCRA). We comply with this requirement and many captioners have
NCRA qualifications that exceed merit. An abbreviated list of captioners for the City's
assignment is found in our Key Personnel section.
Our realtime captioning scheduling software provides the captioner with details on every client:
from placement, to modem numbers to "treatments."A treatment is a list of locally specific
terms, constantly updated by our captioners that may need to be captioned. All captioners must
review the treatment prior to the event and ensure these terms are in their dictionary. This
ensures the most accurate captioning possible.
We believe that accuracy quality begins with talented knowledgeable personnel. VITAC has a
highly specialized screening process that each new Realtime captioner applicant must complete.
Prior to hiring, VITAC reviews a Realtime captioner candidate's written, unedited ASCII files of
specific programs — regardless of that candidate's captioning experience. We evaluate a
candidate's captioning speed, accuracy, theory and writing style. This screening process helps
VITAC determine whether the candidate has the necessary theory and speed skills to successfully
caption live programs at the high level of accuracy that we demand before an interview is
granted. For every ten Realtime captioner candidates that apply to VITAC, only one candidate
makes the interview stage.
After hire, VITAC requires all Realtime captioner trainees to travel to VITAC training centers to
receive intensive one-on-one training in the control room environment to learn V1TAC's
captioning software and our captioning SOPs. After that first week, the Realtime captioner
trains with VITAC's Manager of Realtime Captioner Training to learn how to caption to VITAC's
www.vitac.com I Page 125
high standards. Depending upon the Realtime captioner trainee's past captioning experience,
this period can take from one to five months of intensive training before the Realtime captioner
may go live on -air with any type of programming. Individuals who have never captioned before
always receive a minimum four months of training, learning how to caption VITAC's different
tiers of programming. During the training program all trainees must achieve designated
benchmarks related to captioning quality, and successfully pass each benchmark with a
minimum of 98% accuracy.
Training consists of individual dictionary work, and many repetitive live captioning simulations
in the control room environment, which are reviewed live by the training manager. Afterward,
the training manager will give their evaluation of which areas the Realtime captioner trainee
performed well in, and what they need to work on specifically to improve their accuracy on that
type of program for the next simulation. The training manager must approve each Realtime
captioner trainee for each tier of programming before that captioner may caption it live.
Review and feedback is continually provided to a Realtime captioner, especially in their first year
on air, from the training manager and other experienced Realtime captioners assigned to review
their work. This process continues throughout an individual's career at VITAC.
The accuracy of realtime captions, of course, depends on the skill of the Realtime captioner and
on the degree to which program content can be anticipated. So, controlling quality begins with
an aggressive effort to obtain program information in advance — uncommon terms and proper
names correctly spelled — and to give it to the Realtime captioner early enough to be included in
their computer dictionary and used for practice. Then, if errors occur in a realtime job, the key to
preventing repeat mistakes is to determine whether mistakes were the result of skill, lack of
advance information, or factors beyond our control (such as garbled audio or the speaker's
speech).
Toward this end, VITAC has instituted random reviews of the work performed by its Realtime
captioners. Without prior notice, a Realtime captioner is notified that a specific program they
just captioned is being reviewed. They must turn in a transcript of the particular program, and
the supervisor notes all errors on a Realtime Quality Evaluation form. Every live program is
preserved on tape for at least one week. This taped record also ensures that the Realtime
captioners transcript has not been doctored to hide any errors. The results tell us where each
Realtime captioner needs practice or additional training. By comparing the records of all
Realtime captioners for a particular series, we can learn if adjustments need to be made in
preparations for that series.
www.vitac.com Page I26
For the City, we will maintain a list of captioners proving satisfactory and unsatisfactory
performances and will not use captioners on the unsatisfactory services list.
VITAC has an exceptionally low turnover rate for captioners driven by great comradery,
continuing training, paid company medical benefits, company matching 401(k) and set your
own schedule flexibility.
lL REALTIME CAPTIONING SAMPLES
To view captions, turn on Closed Captioning at the lower right corner of the video playback or
Enable Captions
• Live Captioning Sample, select video clip on page: http://www.vitac.com/services/live-
captioning/
• In Depth on Pearl Harbor on CPAN2: https://www.c-span.org/video/?418772-1/depth-
pearl-harbor
• In Depth with Nick Adams on CSPAN2: https://www.c-span.org/video/?422635-1/deoth-
nick-adams
• Weekends: http://www.msnbc.com/weekends-with-alex-witt/watch/schiff-house-is-
investigating-933251651617
• MSNBC: http://wwvy.msnbc.com/msnbc-news/watch/cruz-take-el-chapo-money-to-
fund-border-wall-933352515635
• CNN Opinion: http://www.cnn.com/2017/04/30/opinions/trump-is-right-about-media-
bias-stanley/index.html
CNN Politics: http://www.cnn.com/2017/04/30/politics/government-shutdown-
congress-negotiations/index.html
IV. PRICING
VITAC can work with any and all captioning equipment.
To receive program audio, we can connect to any off -the -shelf audio coupler, preferably auto -answer
and using a dedicated phone line. We also work with many caption encoder systems, such as EEG's
iCap, that feed audio direct to the captioner.
Our workflows are compatible with any caption encoder, delivering captions via IP or phone line to
encoders manufactured by Evertz, Link, EEG, Norpac all day, every day.
www.vitac.com ' Page l 27
Most streaming systems receive captioning data direct from the encoder, but if necessary we can deliver
captions in a separate stream to be displayed on your website.
Real Time (Live) Captioning Services
Item Description
1
2
Time: 8:00 A.M. - 11:59 P.M. Mountain Time —
Sunday through Saturday
Time: 12:00 A.M. — 8:00 A. M. Mountain Time
— Sunday through Saturday
Flat fee Hourly Rate
$83.50
$88.00
Off line Captioning Services
Item
Description
Flat fee Hourly
Rate
Estimated number of words
captioned per hour (optional)
3
Services provided at Captioner's site within a
specified time — English
$240
Rate based on length of file
not length to produce
4
Foreign Language Services provided at
Captioner's site within a specified time - Spanish
$400 + $.12 per
translated word
Rate based on length of file
not length to produce
5
Foreign Language Services provided at
Captioner's site within a specified time — All Other
languages
Dependent upon
chosen language
and turnaround —
will be price on a
project by project
basis
6
Emergency services to occur with under two (2)
hours request
$125
Required Equipment
Item
Description
Price
Captioning encoder — VITAC does not provide or sell encoders but is
more than happy to make any recommendations that the City would
need
N/A
Audio lines and audio coupler — again VITAC does not provide this but
can point the City in the right direction with recommendations.
N/A
www.vitac.com Pagel 28
www.vitac.com ! Page l 29
V. VENDOR AND CAPTIONING REQUIREMENTS
_.D
• Toll -free audio phone number for captioning call -in and/or conference bridge
• Participant list and available prep material
V TAC FQUIP,',1T2NT
We provide all caption origination equipment, software and dial -up systems. Our captioners all
rely on the following equipment, provided and managed by VITAC systems department:
• 1 - Computer
• 1 - LCD monitor
• 1 - Broadband Internet router to enable secure IP Caption delivery and audio video
streaming
• 3 - POTS phone lines, 2 for caption delivery, 1 for audio
• 2 - Modems for caption delivery via POTS lines
• 1 - Audio coupler for audio delivery via POTS line
• 1 - Amplified speaker for audio
• 1 - Audio switches to enable changing audio sources with a quick press of a button
• 1 - Battery backup UPS to enable surge protection and system uptime in the event of a
power failure for up to 30 minutes
i n....II
3UAGE-: SUPPORT
We presently provide realtime simultaneous captioning to in English and Spanish. Each event
may be ordered with English only, Spanish only, and simultaneous English and Spanish. For
events where simultaneous Spanish captioning is requested, VITAC provides an English to
Spanish interpreter to provide realtime Spanish captioning.
There are no effective Spanish captioners than can maintain 250 word per minute, 98%
accuracy that hear the original dialogue in one language and interpret plus caption in another
language so a language interpreter is used. For any other desired foreign language including
Vietnamese, Cantonese, Tagalog and Mandarin, we will provide captioning for these languages
with Offline, post -production captioning from your recorded audio. Turnaround time for foreign
language captioning files (.smi) and foreign language text files (.docx) meet or exceed the RFP
requirements.
www.vitac.com ! Page l 30
�. C F.PRiv..ESS A.'. D _I iV F:
We presently realtime captioning by monitoring the video signal streamed live online and the
audio signal by phone line.
VITAC uses NCRA-certified realtime captioners capable of 225-250 words per minute producing
highly accurate near -verbatim text exceeding 95% accuracy. Our captions match the spoken
words and our accuracy considers spelling, grammar, spacing, mixed case, capitalization and
punctuation. Our captioners are some of the most skilled in the world. Captioning is a word-for-
word representation of the event dialogue.
Captioning coincides with the corresponding spoken word with very little latency or delay just
as we do for hundreds of newscasts and government meetings each day.
Captioning for City events run from beginning through the conclusion of the meeting, even if it
runs longer than scheduled. We connect at least 10 minutes before the start of the meeting and
stay on until conclusion.
An unedited text transcript is available to the City to download directly to your computer
desktop immediately at the conclusion of the meeting without additional steps or process. For
any event where the transcript wasn't retrieved, we are able to place the transcript into a
password protected Dropbox, a password protected FTP folder or we can e-mail it to the City
contact of record.
Caption transcript file formats, both edited and unedited, include .docx and .smi, or equivalent.
Caption transcripts, both edited and unedited, are available for an additional fee in multiple
other formats and as provided in the pricing schedule:
• .srt • DV
• .mov/.qt • DVCam
• .fly (Flash) • Betacam SP
• .cc/.scc (DVD authoring) • DigiBeta
Transcripts are a word-for-word representation of the event dialogue or recording.
www.vitac.com I Page J31
Transcripts are maintained on our system for five years or longer and there is no charge for us
to retrieve and provide the unedited captioning transcript at your request exceeding RFP
requirements.
Edited transcripts, time -coded caption files and transcripts from pre-recorded projects are
available for any event. Edited transcripts can be provided in Word (.docx) format or other
format as desired. Accuracy exceeds 99.9%.
Time -coded caption files in .smi, .srt, .asc, .cc, .flv, .qt and other formats can be provided as
desired. The unedited time -coded captioner's transcript follows our realtime captioning
standard of exceeding 95% accuracy. Edited time -coded caption file accuracy exceeds 99.9%
and time -stamps are within one second of the spoken dialogue.
VITAC is staffed 24/7/365 by a team of engineers and production coordinators dedicated to on -
air event continuity. Our technical support helpdesk hotline, 800-590-4197 will always be
answered by a captioning expert familiar with the City's process. Prior to the start of the new
contract, we will perform all desired testing to demonstrate our ability to perform remote (off -
site) realtime captioning.
Dave Battinieri is the Project Account Manager for VITAC and is in charge of the project on all
matters related to service and our agreement for services. Direct: 267.822.7834
Debra Hammond, Director of Client Services, is service manager for VITAC and is in charge of
the day-to-day performance of our offline captioning center in Canonsburg PA. Main:
800.278.4822
David Suppes, Senior Manager of Realtime Services, is service manager for VITAC and is in
charge of the day-to-day performance of our captioning center in Greenwood Village CO.
Direct: 303.468.4705
Josh Dollaghan is the Client On -Boarding Service Engineer and will initially work with the City to
provide all up -front technical support and testing needed. Direct: 720.482.8460
Dan Wray is the Lead Customer Support Representative for ongoing support, testing new
applications, modifying existing applications and equipment support. Direct: 303.468.4692
www.vitac.com ' Page l32
1,'i. QUALIFICATIONS OF KEY PERSONNEL AND CAPTIONERS
In addition to the staff listed previously under Technical Support and Testing, we are pleased to
have the following key team members supporting our company and captioning clients. With brief
bios:
Ted Collins, Chief Technology Officer
Ted is a highly regarded senior technology executive who has worked in leading edge
high-technology companies where he has built, led, acquired and developed world class
systems and solutions. Ted's career experience includes executive leadership with
Playrific.com, InterAct Public Safety, MissionMode Solutions, Divine Interventures,
OpinionWare, and Platinum Technologies. He was issued US Patent 6286041 for
inventing a distributed software system.
j'"' '• jc;i'
•_ ;;'
'r-' i
Jennifer Franco, Vice President of Captioner Management and Retention
Jennifer joined the team in 2009, and rose through the ranks to become our Vice
President of Captioner Management in May 2016. She is a voice captioner and member of
NVRA (National Verbatim Reporters Association). Jennifer was born in North Carolina, and
studied Education at the University of Texas, El Paso.
': ,
David Suppes, Senior Manager of Realtime Service
' .
David joined the team in 2004 and quickly found his calling in the fast-moving field of
realtime captioning, serving as our Senior Manager of Realtime Services. Before coming
to the company, David studied Journalism with an emphasis in Broadcast & Electronic
,.,,�-
Journalism at the University of Northern Colorado.
Ben Roybal, Vice President of Service Delivery
Before joining in 2012, Ben honed his technical skills over a decade working in IT. He
earned his degree in computer science from Metro State University, and soon after
moved into IT roles at well-known companies including Lockheed Martin. Ben sits on the
board of directors for the Arapahoe County Early Childhood Council.
Dave Battinieri, Vice President, Sales; Performance and Contract Manager
Dave joined the team in 2016, bringing with him nearly two decades of sales experience.
_
His background includes SaaS based solutions for technical solution sales workers' comp
insurance industry. He was born and raised in Philadelphia, Pennsylvania and earned
bachelor's degrees in Marketing from Neumann University.
Kayla Schaecher, Short Notice Scheduling Manager
Kayla first joined our team in 2011 as the receptionist, and very quickly moved up into`
new roles within our fast -paced scheduling department as company leadership
: t!
recognized her knack for organization and stellar customer service. Kayla was promoted
' ;� :-:
to her current role as Scheduling Manager in 2017.--A
From a captioning staff of 550 realtime captioners, Likely assigned captioners include (NCRA
certifications upon request): Jenny C, RPR CRR RMR CRC, Shari P, RPR CRI CRR CSR, Susan M, RPR
RMR CCR, Debbie H-S, RPR RMR CRR CRC, Misty N, RPR CRR, Kathy J, RPR, Carol T, RPR CRC, Barbara
W, RPR CSR, Paula J, RPR CCR, Tina C, RPR CSR CRR CCP, Kris W, RMR CBC CRR RPR CSR, Jody M, CSR
www.vitac.com I Page I33
RPR, Linda Mac, CSR RPR CRR, Stacey C, RPR, Gina H, CSR CRC RPR CRR, Linda T, RPR RMR CRR, Laura
W, CRR CSR, Kelly C, RPR CRR CRC, Kelly S, RMR CRR CSR, Jane 0, CRR RDR CBC, Stacy B, CRR RPR,
Karen W, CRR RPR
CUSTOMER REFERENCES
Loudoun County, Virginia
Robin Geiger
Technical Contact
Loudoun County
One Harrison street SE, 4th floor
Leesburg, VA 20175
(703) 771-5511 robin.geiger@loudoun.gov
We use VITAC for realtime captioning for various meeting topics including budget hearings,
board meetings, and city council meetings. Captioning is broadcast on a local Loudoun County
cable channel for PEG programming. Dave Battinieri is the VITAC Account Manager and their
engineering department work with assigned Captioners to ensure flawless continuous
transmission of captioning. We have used VITAC services for over the past four years and
caption approximately 240 hours annually.
Pennsylvania Cable News
Deb Kohr Sheppard
Senior Vice President and COO
Pennsylvania Cable Network
401 Fallowfield Road
Camp Hill, PA 17011
(717) 730-6000 x117 DebKohr@pcntv.com
We caption over 600 hours of realtime programming annually for Pennsylvania Cable Network
(PCN) of government meetings on our public access channel. Programming varies, from live
covering of the Pennsylvania House of Representatives to the weekly "Journalists Roundtable"
discussions of Pennsylvania news. Debbie Hammond is the VITAC Project Manager and captioners
provide continuous transmission of encoder captioning. We have used VITAC service for around
ten years.
City of Aurora, Colorado
Randy Simpson, Television & Cable Services Supervisor
15151 E. Alameda Parkway, Ste. 1700,
www.vitac.com !Page I
Aurora, Colorado 80012
303-739-6605 (desk), 303-619-8852 (cell) rsimpson@auroragov.org
We caption over 100 hours of realtime captioning annually for the City Council for the local
government cable channel with line 21 encoder captioning. Kayla Schaecher is the Scheduling
Project Manager and Dave Battinieri is account manager. We have used your service for over
three years.
City of West Hollywood, California
Kent S. Egenberger, WeHoTV Supervisor
City of West Hollywood
8300 Santa Monica Blvd.
West Hollywood, CA 90069
Office: (323) 848-6388 Mobile: (424) 333-6700 kegenberger@weho.org
www.weho.org/wehotv
The City of West Hollywood had used VITAC for realtime captioning of City Council meetings for
the past five years. The City captions 235 hours a year on WeHoTV for public access to PEG
programming. Dave Battinieri is the account manager.
Escambia County, Florida
Joy Tsubooka
Community & Media Relations Manager
Escambia County Board of County Commissioners
221 Palafox Place Pensacola, FL 32501
Phone: 850.595.3629 I Cell: 850.393.8304 JATSUB00@co.escambia.fl.us
www.MyEscambia.com
We caption approximately 145 hours of realtime PEG programming annually for the County
Commissioners. Kayla Schaecher and Andi Fineran are the Scheduling Project Managers and Dave
Battinieri is account manager. We have used the company for around ten years.
VIII. MAJOR CLIENTS WITH HYPERLINKS
Below is an abbreviated list of our extensive experience in local and municipal experience:
1) MUNICIPAL EXPERIENCE: CLIENT LIST IS CONFIDENTIAL
www.vitac.com I Page 135
• City of West Hollywood, CA
• Pennsylvania Cable Network
City of Norfolk, VA
• City of Savannah, GA
• Loudoun County, VA
• PA House of Representatives
• Chatham County, GA
• Atlanta Public School Board, GA
Sacramento Metro Cable TV Commission, CA
• City of Pueblo, CO
City of Thornton, CO
• City of Aurora, CO
• Escambia County Commissioners, FL
• City of Miami City Commissioners, FL
City of Hallandale Beach meetings, FL
• Miami -Dade School Board, FL
Cable County Montgomery, MD
BECON — Broward County TV
State of California HR
California Supreme Court
• Dept. of Labor and Industries, WA
• Disability Rights, TX
• Florida Development Disabilities Council
• Governor's Office of Minority Affairs
• Judicial Council of California
• National Center on Domestic Violence
• NYS Office of Children and Family Services
Office of Victim Services
• Boston Institute of Community Inclusiveness
• Workplace Inclusion/Sustainable
Employment
• State of California State Personnel Board
• California Board of Education
• California Dept. of Healthcare Services
• Marion County, OR
• County of Volusia Commissioners, FL
• Montgomery College Board, MD
• Montgomery County Public Schools, MD
• City of Wichita City Council, KS
• The State Bar of California
• Howard County Council, MD
• American Bar Association
• Department of Consumer Affairs, CA
• Dept. of Toxic Substance Control, CA
• Disability Rights, PA
• Florida Medicare Quality Improvement
• Indiana Institution Disability and
Community
• Las Vegas Justice Court
• National Disability Rights Network
• Illinois Governor's Office of Mgmt. &
Budget
• Center for Medicare & Medicaid
Innovation
• Sensory Disabilities Services, WA
• Dept. of Education, WY
www.vitac.com ' Page l36
WORDS OF CONFIDENCE / TESTIMONIALS
VITAC has a significant base of customers. Some glowing comments from our customers:
Your Captioners rock. The last few meetings we have done have been outstanding. We always
make sure to tell the production manager how well the Captioner performed at the end of the
meeting. One time I think we even offered to adopt the Captioner because they were so
incredible! — California Board of Education
I know I've said it many times already but thank you, sincerely, for all your help. You really
invested yourself in our project and it made a huge difference. You guys deserve to have future
business funneled your direction. —Arizona State Department of Health
"As far as meeting our needs, the VITAC team exceeds expectations without exception. I can't
recall any timeliness issue or unmet requirement — Home Depot
I am grateful for this opportunity to see the quality, speed, and service of VITAC — Highmark
Health
I love working with VITAC! Exceptional service, quality, communication, and price — FedEX
VITAC coordinators and captioners always provide top-notch customer service and always
deliver on time — Lockheed Martin
Every interaction 1 have with VITAC staff is positive. They're attentive, respond quickly, helpful,
etc. — WQED
Customer Service is excellent and professional. Turnaround time is great, and prices are
competitive for the value received — Convergence
I've been working with VITAC on my new releases for years. You are very consistent and work
in a timely manner— Warner Bros
We really appreciate you guys and all your hard work —Animal Planet
The captioning work has been consistently good. Communication is excellent as always —
MTV Networks
I cannot say enough positive things about my dealings with VITAC. They go out of their way
to make sure I get my .cap files on time. Everyone I have dealt with has been awesome —
Madison Square Garden network
The staff is exceptional, and easy to work with on multiple projects and last-minute requests
— IRS
www.vitac.com IPagel37
As always you all are extremely helpful and quick to adapt. It is appreciated — US State Dept.
X. DIVERSITY AND INCLUSION FORM
Business Email Address dave.battinieri@vitac.com
Enter Email Address of —City and County of
Denver contact person facilitating this
solicitation.
dave.battinieri@vitac.com
Please provide the City Agency that is General Services Purchasing Division
facilitating this solicitation:
Project Name Video Closed Captioning Services
Solicitation No. (Check Below if Not 10924A
Applicable)
Name of Your Company VITAC Corporation
What Industry is Your Business? Goods/Services
Address 8300 East Maplewood Ave
City Greenwood Village
State Colorado
Zip Code 80111
Business Phone Number 2678227834
1. How many employees does your company Over 100
employ?
Number of Full Time: 600
Number of Part Time: 200
2. Do you have a Diversity and Inclusiveness Yes
Program?
2.1. Employment and retention? Yes
www.vitac.com ! Page l38
2.2. Procurement and supply chain No
activities?
2.3. Customer Service?
3. Provide a detailed narrative of your
Yes
Equal Employment with Mutual Respect and Dignity
company diver-sity-and-inclusiveness
principles and programs. This may include,
for example, (i) diversity and inclusiveness
employee training programs, equal
opportunity policies, and the budget amount
spent on an annual basis for workplace
diversity; or (ii) diversity and inclusiveness
training and information to improve
customer service. (If Not Applicable, please
type N/A below)
To maintain our culture of diversity, we are
committed to making all employment decisions in
accordance with applicable law, directives and
regulations and based on a principle of mutual
respect and dignity for one another. In keeping with
this commitment, we will recruit, hire, train and
promote the most qualified individuals into all job
level.
We will also ensure that all other human resource
matters such as compensation, benefits, transfers,
discharge, and company sponsored training,
education and social and recreational programs are
administered in accordance with the law
If you feel you have been treated in any way that
violates this policy, contact your local supervisor,
manager or Human Resources representative No
one will be subjected to harassment, intimidation,
threats, coercion, discrimination or retaliation for
any of the following done in good faith: filing a
complaint; assisting or participating in an
investigation, compliance review, hearing or other
activity; opposing any unlawful act or practice; or
exercising any other rights under applicable law or
regulation.
Fair Treatment:
We recognize that each employee brings a unique
set of skills and abilities to the workplace. This
means we will strive to create and maintain work
www.vitac.com I Page 139
environments that support the contributions of all
employees.
Harassment, Bullying, Violence and Offensive
Behavior:
We are committed to a work environment that is
free of all types of harassment, bullying, violence,
intimidation and offensive behavior. We all have
the right to work • n an environment free from
harassment.
Harassment:
Harassment is serious, severe or invasive conduct
that has the purpose or effect of violating a person's
dignity or creating an intimidating, humiliating,
hostile or offensive environment. Unlawful
discrimination and harassment Is generally any
unwelcome or unwanted conduct that denigrates or
shows hostility or an aversion toward another
person on the basis of any characteristic protected
by applicable law.
Unwelcome conduct can take many forms, including
physical actions, verbal or written remarks or visual
depictions.None of these will be tolerated.
Examples of potential harassment:
- Unwanted and inappropriate physical contact or
horseplay, including touching, pinching, pushing,
grabbing, unnecessary brushing against someone,
invading personal space and physical or sexual
assault.
• Stalking or persecuting a person with unwanted
attentions, gifts or messages
• Sending or displaying material that is
pornographic that some people may find offensive
www.vitac.com I Page 140
(including a -mails, text messages, video clips and
images sent by mobile phone or posted on the
internet)
• Offensive or intimidating comments or gestures,
or insensitive jokes or pranks that belittle or
undermine the dignity of the person
• Shunning someone, for example, by deliberately
excluding them from a conversation or a workplace
social activity.
Bullying:
"Bullying" is offensive, intimidating, malicious or
insulting behavior involving the misuse of power
that makes a person feel vulnerable, upset,
humiliated, undermined or threatened "Power"
does not always mean being In a position of
authority, but can include both personal strength
and the power to coerce through fear or
intimidation Bullying can take the form of physical,
verbal and non-verbal conduct.
Examples of potential bullying
• Shouting at, being sarcastic toward, ridiculing or
demeaning others.
• Physical or psychological threats.
• Acts of physical or psychological violence.
... Creation of arbitrary standards for one person,
imposing unrealistic demands, micromanaging work
or using suspension to intimidate a person.
• Inappropriate, exaggerated or untrue derogatory
remarks about someone's performance, particularly
in front of others.
• Sabotage of work.
• Abuse of authority or power by those in positions
of seniority.
• Deliberately excluding someone from meetings or
www.vitac.com 'Page I
communications without good reason, or
encouraging others to do so.
- Stealing credit for another's work.
Legitimate, reasonable and constructive criticism of
a worker's performance or behavior, or reasonable
instructions given to workers in the course of their
employment, will not amount to bullying on their
own.
Violence and Other Offensive Behavior
Violent, threatening or intimidating behavior will
not be tolerated on VITAC premises, at work -
sponsored events or when an employee is traveling
on business or working from another location.
Some examples of violent or offensive behavior are:
• Profane or abusive language
• Threats or insinuations of "getting even"
• Physical aggression in any form (demonstrated,
suggested or threatened)
• Dangerous pranks or practical jokes
• Aggressive horseplay or gestures
• Fighting or assault
• Intentional destruction of property
Offensive behavior, which may include outbursts,
yelling, rudeness or annoying conduct that
interferes with another employee's ability to
perform his or her job, is unprofessional and
inappropriate. Even if it includes welcome conduct
between employees,
it is still considered offensive behavior if it is
inappropriate in the workplace or at a work -
sponsored event You are expected to use good
judgment in ensuring that your behavior is
professional and supports our core values.
Reporting Occurrences of Harassment, Bullying,
Violence or Offensive Behavior
www.vitac.com 'Page I42
If you experience, know about or suspect unlawful
harassment or objectionable conduct in our work
environment, you are expected to report it to your
Human Resources representative. The company will
investigate allegations reported, maintaining
confidentiality to the extent practical and
4. Does your company regularly
communicate its diversity and inclusiveness
policies to employees?
appropriate under the circumstances. After the
investigation, we will take appropriate action to
remedy the situation and to maintain a work
environment that is free of unlawful harassment.
Any employee who has engaged in conduct that
violates this policy will be subject to disciplinary
action, up to and including termination of
employment, consistent with applicable law.
Similarly, false accusations or providing false
information as a witness may result in disciplinary
action, up to and including termination of
employment.
No Retaliation:
We will not tolerate retaliation against any
employee who in good faith reports or provides
information about an incident of alleged
harassment in the workplace. Additionally, we will
not knowingly permit retaliation against any
employee who complains of harassment or who
participates in an investigation.
Engaging in retaliatory behavior is in violation of
this policy and is grounds for disciplinary action up
to and including termination, consistent with
applicable law.
Yes
www.vitac.com I Page 143
If you answered Yes to Question 4, how does
your company regularly communicate its
diversity and inclusiveness policies to
employees? (Select all that apply)
5. How often do you provide training and
diversity and inclusiveness principles?
Employee Training
Annually
5.1 What percentage of the total number of
employees generally participate?
6. State how you achieve diversity and
inclusiveness in supply and procurement
activities. This may include,for example,
narratives of training programs, equal
opportunity policies, diversity or
inclusiveness partnership programs,
mentoring and outreach programs, and the
amount and description of budget spent on
an annual basis for procurement and
supplier diversity and inclusiveness. (If Not
Applicable, please type N/A below)
76-100%
We are an EEO employer and with that we
communicate that in our annual employee
handbook that is signed yearly by each employee
and at the onset on employment.
Equal Employment with Mutual Respect and Dignity
To maintain our culture of diversity, we are
committed to making all employment decisions in
accordance with applicable law, directives and
regulations and based on a principle of mutual
respect and dignity for one another. In keeping with
this commitment, we will recruit, hire, train and
promote the most qualified individuals into all job
level.
We will also ensure that all other human resource
matters such as compensation, benefits, transfers,
discharge, and company sponsored training,
education and social and recreational programs are
administered in accordance with the law
If you feel you have been treated in any way that
violates this policy, contact your local supervisor,
manager or Human Resources representative No
one will be subjected to harassment, intimidation,
threats, coercion, discrimination or retaliation for
any of the following done in good faith: filing a
complaint; assisting or participating in an
www.vitac.com ' Page l44
investigation, compliance review, hearing or other
activity; opposing any unlawful act or practice; or
exercising any other rights under applicable law or
regulation.
Fair Treatment:
We recognize that each employee brings a unique
set of skills and abilities to the workplace. This
means we will strive to create and maintain work
environments that support the contributions of all
employees.
Harassment, Bullying, Violence and Offensive
Behavior:
We are committed to a work environment that is
free of all types of harassment, bullying, violence,
intimidation and offensive behavior. We all have
the right to work • n an environment free from
harassment.
Harassment:
Harassment is serious, severe or invasive conduct
that has the purpose or effect of violating a person's
dignity or creating an intimidating, humiliating,
hostile or offensive environment. Unlawful
discrimination and harassment Is generally any
unwelcome or unwanted conduct that denigrates or
shows hostility or an aversion toward another
person on the basis of any characteristic protected
by applicable law.
Unwelcome conduct can take many forms, including
physical actions, verbal or written remarks or visual
depictions.None of these will be tolerated.
www.vitac.com 'Page I45
Examples of potential harassment:
- Unwanted and inappropriate physical contact or
horseplay, including touching, pinching, pushing,
grabbing, unnecessary brushing against someone,
invading personal space and physical or sexual
assault.
• Stalking or persecuting a person with unwanted
attentions, gifts or messages
• Sending or displaying material that is
pornographic that some people may find offensive
(including a -mails, text messages, video clips and
images sent by mobile phone or posted on the
internet)
• Offensive or intimidating comments or gestures,
or insensitive jokes or pranks that belittle or
undermine the dignity of the person
• Shunning someone, for example, by deliberately
excluding them from a conversation or a workplace
social activity.
Bullying:
"Bullying" is offensive, intimidating, malicious or
insulting behavior involving the misuse of power
that makes a person feel vulnerable, upset,
humiliated, undermined or threatened "Power"
does not always mean being In a position of
authority, but can include both personal strength
and the power to coerce through fear or
intimidation Bullying can take the form of physical,
verbal and non-verbal conduct.
Examples of potential bullying
• Shouting at, being sarcastic toward, ridiculing or
demeaning others.
• Physical or psychological threats.
www.vitac.com ! Page l46
• Acts of physical or psychological violence.
Creation of arbitrary standards for one person,
imposing unrealistic demands, micromanaging work
or using suspension to intimidate a person.
• Inappropriate, exaggerated or untrue derogatory
remarks about someone's performance, particularly
in front of others.
• Sabotage of work.
• Abuse of authority or power by those in positions
of seniority.
• Deliberately excluding someone from meetings or
communications without good reason, or
encouraging others to do so.
- Stealing credit for another's work.
Legitimate, reasonable and constructive criticism of
a worker's performance or behavior, or reasonable
instructions given to workers in the course of their
employment, will not amount to bullying on their
own.
Violence and Other Offensive Behavior:
Violent, threatening or intimidating behavior will
not be tolerated on VITAC premises, at work -
sponsored events or when an employee is traveling
on business or working from another location.
Some examples of violent or offensive behavior are:
• Profane or abusive language
• Threats or insinuations of "getting even"
• Physical aggression in any form (demonstrated,
suggested or threatened)
• Dangerous pranks or practical jokes
• Aggressive horseplay or gestures
• Fighting or assault
• Intentional destruction of property
Offensive behavior, which may include outbursts,
www.vitac.com I Page I47
yelling, rudeness or annoying conduct that
interferes with another employee's ability to
perform his or her job, is unprofessional and
inappropriate. Even if it includes welcome conduct
between employees, it is still considered offensive
behavior if it is inappropriate in the workplace or at
a work -sponsored event You are expected to use
good judgment in ensuring that your behavior is
professional and supports our core values.
Reporting Occurrences of Harassment, Bullying,
Violence or Offensive Behavior:
If you experience, know about or suspect unlawful
harassment or objectionable conduct in our work
environment, you are expected to report it to your
Human Resources representative. The company will
investigate allegations reported, maintaining
confidentiality to the extent practical and
appropriate under the circumstances. After the
investigation, we will take appropriate action to
remedy the situation and to maintain a work
environment that is free of unlawful harassment.
Any employee who has engaged in conduct that
violates this policy will be subject to disciplinary
action, up to and including termination of
employment, consistent with applicable law.
Similarly, false accusations or providing false
information as a witness may result in disciplinary
action, up to and including termination of
employment.
No Retaliation:
We will not tolerate retaliation against any
employee who in good faith reports or provides
information about an incident of alleged
www.vitac.com ' Page l48
harassment in the workplace. Additionally, we will
not knowingly permit retaliation against any
employee who complains of harassment or who
participates in an investigation.
Engaging in retaliatory behavior is in violation of
this policy and is grounds for disciplinary action up
to and including termination, consistent with
applicable law.
7. Do you have a diversity and inclusiveness No
committee?
7.2. If you responded that you do not have a N/A
diversity and inclusiveness committee,
describe any plans your company may have
to establish such a committee. (If Not
Applicable, please type N/A below)
8. Do you have a budget for diversity and No
inclusiveness efforts?
9. Does your company integrate diversity No
and inclusion competencies into
executive/manager performance evaluation
plans?
I attest that the information represented
herein is true, correct and complete, to the
best of my knowledge.
Name of Person Completing Form
Today's Date
NOTE: Attach additional sheets or
documentation as necessary for a complete
response.
Check Here if the Above Statement is True.
Dave Battinieri
04-09-2018
Equal Employment.docx (44k)
www.vitac.com IPage149
X). CONTRACT CERTIFICATION FORM
CITY AND COUNTY OF DENVER
DEPARTMENT OF GENERAL SERVICES
Request for Proposal: 10924A Video Closed Captioning Services
I, on behalf of the proposer identified below, hereby certify that I have read a copy of the sample contract
attached to the RFP and understand the terms and provisions contained in that contract. I further hereby
certify that it is the proposer's intent to comply with each and every term and provision contained in the
sample contract and propose no modifications to the sample contract except as follows:
1) VITAC only asks on Indemnification that damages be limited to actual damages sustained
2)
3)
I understand that the modification stated above, if any, are offered for discussion purposes only and that
the City and County of Denver reserves the right to accept, rejector further negotiate any and all proposed
modification to the sample contract.
Company Name: VITAC Corporation
Authorized Signature:.Z:5r;2.-
Name (please print): Dave Battinieri
Title: Vice President of Sales
Date: 04-24-2018
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XII. DENVER VENDOR SUSTAINABILITY
The City encourages vendors to demonstrate a commitment to and experience in environmental
sustainability and public health protection practices applicable to its line of products and/or services being
procured in this proposal. See Section A.16 of this proposal for the Denver Sustainability Policy and
Guidance. The following are examples of areas that may be addressed.
Explain how your products and/or services support the City's goal of environmentally preferable
purchasing:
• Manufacturing Process
• Product Content
• Transportation
• Packaging
• Performance
• End of Life
• Third Party Certification (Green Seal, Eco Logo, Design for the Environment, etc.)
• Other
Environmentally Preferred Purchasing Attributes
select all applicable attributes below
■
AQ
Indoor Air Quality -
Product/Service
LH
Less Harmful Content
RC
Recycled Content
•
•
AQ-M
Indoor Air Quality -
Manufacturer
LV
Low Volatile Organic
Compounds - Product/Service
RR
Reconditioned /
Remanufactured
•
■
•
AQ-V
Indoor Air Quality - Vendor
LV-M
Low Volatile Organic
Compounds - Manufacturer
RU
Reusability
•
•
•
BB
Bio-Based
LV-V
Low Volatile Organic
Compounds - Vendor
RY
Recyclability
•
•
•
BD
Bio-Degradable
NA
No Attributes
TB
Take -Back
•
•
•
DY
Durability•
OA`
Other Attributes -
Product/Service
WE
Water Efficiency
•
•
EE
Energy Efficient -
Product/Service
L
OA-M`
Other Attributes -
Manufacturer
3-M
Third party certifications -■
Manufacturer
•
■
EE-M
Energy Efficiency - Manufacturer
0A-V4
Other Attributes - Vendor
3-V
Third party certifications -■
Vendor
•
•
EE-V
Energy Efficiency - Vendor
PD
Product Disassembly Potential
•
•
List Other Attributes (if applicable):
VITAC is providing a service that does not affect the environment, but we are also a local CO based
business that is helping the profitability and environment of CO as a whole
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XIII. VENDOR INFORMATION
Vendor
VITAC
am
Business Name
_ 8300 East_Malewood
Ave, Suite 300
25-1519537
Tax ID # (TIN or SSN)
267-822-7834
Business Address
Greenwood Village, CO
80111
City, State Zip
Order Address (If different from above)
City, State, Zip
Dave Battinieri
Remittance Name
Same as above
Remittance Address
City, State, Zip
Dun & Bradstreet Number
SIC Code and/or NAICS Code
797908332
Telephone Number
720.489.5664
Fax Number
Dave.battinieri@vitac.com
Email
Ordering Email (If different from above)
Vendor Entity Type (check one)
❑ Individual
❑ Partnership
X Corporation
❑ Exempt/Non-Profit
❑ LLP/LLC
❑ Sole Proprietor
❑ Government
❑ Employee
561492, closed captioning services,
realtime
512191, closed captioning
services, taped material
561410, document
transcription services
541930, interpretation
services, language
Disadvantaged Business Enterprise (DBE) ❑ Yes No
Type (check all that apply)
❑ DBE
❑ MBE
❑ WBE
❑ SBE
❑ SBEC
❑ ACDBE
❑ Other:
Disadvantage Business Enterprise
Minority Business Enterprise
Women Business Enterprise
Small Business Enterprise
Small Business Enterprise Concessions
Airport Concession Disadvantage Business Enterprise
Certification
Source
Certification
Number
Certification
Beginning Date
Certification
Expiration Date
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XV. VENDOR CHECKLIST
The following check list should be used to ensure required documentation is attached to the proposal. If
a document is not required for your proposal, write n/a in the blank.
1. Have you signed the front page of the proposal?
2. Have you reviewed all proposal prices, checked unit costs, extensions and totals?
3. Have you included manufacturer's names and reference numbers, as applicable?
4. Have you listed the quantities you will supply?
Have you supplied any alternatives or additional information on separate headed
5.
note paper?
Have you responded to or completed and included in your response all of the City's
6. requirements, questions, forms, including the vendor sustainability form and other
City requests (where applicable)?
Have you assured that there is sufficient time to transmit this proposal
7.
electronically?
8. Have you enclosed relevant technical literature or samples (where applicable)?
Have you completed and included the X0-101 Diversity and Inclusivity Information
9.
Request Form as identified in Section A.18?
Have you completed and included all required MBE, WBE, SBE documentation
10.
(where applicable)?
N/A
YES
X NO
N/A
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XV. COMPANY —DE f,41L
Firm Name
VITAC Corporation
8300 E. Maplewood Avenue, Suite 300
Greenwood Village, CO 80111
Toll -free: 800.775.7838
Fax: 720.489.5664
Main Contact and Account Manager
Dave Battinieri
Vice President, Sales
Government, Education, Corporate
Dave.Battinieri@vitac.com
Direct: 267.317.6936
Legal
Tax ID: 25-1519537
DUNS: 797908332
Department of Defense CAGE Code: 1S1W9
NAICS: 561492, closed captioning services, realtime
512191, closed captioning services, taped material
561410, document transcription services
541930, interpretation services, language
California Secretary of State Corporate number: C1929723 —Active
Pennsylvania Department of Corporations: 909418; Incorporated March 6, 1986 — In Good
Standing
E-Verify Employer Number: 976355
Banking
Wells Fargo
420 Montgomery
San Francisco, CA 94104
VITAC Corporation
Executive and Key Team Members
P. Kevin Kilroy, Chief Executive Officer
Lindsay Wynter, Chief Financial Officer
Ted Collins, Chief Technology Officer
John Irwin, Chief Sales Officer
Kurt Suppes, Chief Quality Officer
and Colorado General Manager
ABA: 121000248
Account: 4654634765
Swift: WFBIUS6S
John Capobianco, Chief Marketing Officer
Heather York, VP Marketing
Doug Karlovits, Chief Revenue Officer
Debbie Hammond, Client Services Director
Dusty Everson, Director of Sales Operations
David Suppes, Sr. Manager of Realtime
Service
Chuck Karlovits, Chief Operating Officer and Pennsylvania General Manager
www.vitac.com I Page 156
XVl. SUBCONTRACTORS
VITAC will not use subcontractors for any of this work
XvIl. EXCEPTIONS TO THE RFP
VITAC has no exceptions to this RFP
www.vitac.com I Page 157
1/23/2020 Detail by Entity Name
DIVISION OF CORPORATIONS
;Late fi,
Department of State / Division of Corporations / Search Records / Detail By Document Number /
Detail by Entity Name
Foreign Profit Corporation
VITAC CORPORATION
Filing Information
Document Number F02000000980
FEI/EIN Number 25-1519537
Date Filed 02/25/2002
State PA
Status ACTIVE
Last Event REINSTATEMENT
Event Date Filed 05/02/2017
Principal Address
8300 E Maplewood Ave
Suite 310
Greenwood Village, CO 80111
Changed: 09/13/2018
Mailing Address
8300 E Maplewood Ave
Suite 310
Greenwood Village, CO 80111
Changed: 09/13/2018
Registered Agent Name & Address
CT CORPORATION SYSTEM
1200 S PINE ISLAND RD
PLANTATION, FL 33324
Name Changed: 05/02/2017
Address Changed: 05/02/2016
Officer/Director Detail
Name & Address
Title President
Kilroy, Kevin
101 HILLPOINTE DRIVE
/% A kI/lk1C+Y1111 t' ClA ACf4, fc lfl
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1/23/2020 Detail by Entity Name
I,HINUIVJt3UKl�, rH I33I /-i3UJ
Title DIR
Wynter, Lindsay
101 HILLPOINTE DRIVE
CANONSBURG, PA 15317-9503
Title Director
Chirikos, Anthony
101 HILLPOINTE DRIVE
CANONSBURG, PA 15317-9503
Title COO
Karlovits, Charles
101 HILLPOINTE DRIVE
CANONSBURG, PA 15317-9503
Title Director
Karlovits, Doug
101 HILLPOINTE DRIVE
CANONSBURG, PA 15317-9503
Title Secretary
Hattler, Eric
6260 Lookout Rd
Boulder, CO 80301
Annual Reports
Report Year Filed Date
2017 05/02/2017
2018 09/13/2018
2019 02/18/2019
Document Images
02/18/2019 -- ANNUAL REPORT View image in PDF format
........... _.
09/13/2018 -- ANNUAL REPORT View image in PDF format
05/02/2017 — REINSTATEMENT View image in PDF format
05/02/2016 — Reg. Agent Change View image in PDF format
04/14/2015 -- ANNUAL REPORT View image in PDF format
04/30/2014 -- ANNUAL REPORT View image in PDF format
04/12/2013 — ANNUAL REPORT View image in PDF format
01/05/2012 — ANNUAL REPORT View image in PDF format
01/25/2011 -- ANNUAL REPORT View image in PDF format
03/18/2010 -- ANNUAL REPORT View image in PDF format
01/ 14/2009 -- ANNUAL REPORT View image in PDF format
01/14/2008 -- ANNUAL REPORT View image in PDF format
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1/23/2020 Detail by Entity Name
03120/2007 — ANNUAL REPORT
03/03/2006 -- ANNUAL REPORT
04/21/2005 — ANNUAL REPORT
04/20/2004 — ANNUAL REPORT
042812003 — ANNUAL REPORT
02`25-2002 -- Foreign Profit
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
View image in PDF format
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