Albuquerque AccessTV RFP

8/6/2019 Albuquerque AccessTV RFP

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City of Albuquerque

Request for Proposals

Solicitation Number: P2012000004

Access Television Services

Deadline for Receipt of Offers:

Tuesday, August 16, 2011, 4:00 p.m. (Mountain Time)The City eProcurement System will not allow

proposals to be submitted after this date and time.

City of AlbuquerqueDepartment of Finance and Administrative Services

Purchasing Division(Revised 12/8/2010 - SCN Version)


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TABLE OF CONTENTS

Page

Introduction 3

Part 1 Instructions to Offerors 4

Part 2 Proposal Format 14

Part 3 Scope of Services 16

Part 4 Evaluation of Offers 17

Part 5 Local Preference Instructions 19Local Preference Form 20

Part 6 Draft Agreement 21

P2012000004, Access Television Services" 2


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INTRODUCTION

In 1986, the Albuquerque City Council approved the establishment and support for a public accesscable television channel. The cable television franchise ordinance between the city and the localcable television provider, Ordinance 13-5-3 et seq., R.O.A. 1994, requires channel availability for

public, educational, and governmental access. Currently, channels for public, local origination,educational and government access are operational and are funded with City monies.

It was the Councils intent that a public access channel would work with the residents of the City ofAlbuquerque to provide public access programming as a public service to the community. ThisRequest for Proposals (RFP) is intended to solicit offers for the provision of locally operated publicaccess and local origination cable television services to the Albuquerque community.

The vision for access television has grown and matured since its inception. Technology has rapidlyadvanced. This advancement allows for growth across technological platforms. Access televisionis now seen as a community media resource as well as a free speech resource. The City desires to

adapt the mission of access television to these evolving technologies and needs for a communitymedia resource while retaining the foundational public service for free speech.

It is anticipated that proposals will provide an innovative approach to the use of emergingtechnologies to best provide services to make the Citys access television channels the best possiblecommunity media resource in an economic manner. Proposals may need to consider an assessmentof community needs and resources to effectively propose the best approach. Proposals may considerthe development of digital literacy skills as one need to progress as a community media resource.Proposals will also need to demonstrate how they intend to use limited City resources with any otherresources at their disposal.

The public access cable television service the City seeks to provide would require, on an annualbasis, the following services in addition to any innovative approaches in response to the aboveparagraph: a minimum number of hours of on-the-air cablecasting of locally produced programmingof contemporary quality, directed toward the needs of the Albuquerque cablecast area and itsresidents; provide for diverse participation in local public access television through outreachinitiatives, promotional publications, contact with non-profit organizations, services to schools,publication of a monthly newsletter, provision of an electronic community bulletin board.

The Selected Contractor will be required to provide field and studio production training andcertification to educate the public in the use of access television as a valuable tool forcommunications. The training will establish standards of quality with which all producers mustcomply in order to have their programming cablecast. The Selected Contractor will develop a planfor broad based support through training classes for schools, organizations and associations anddesign a plan to implement the special training classes to be provided. The Selected Contractor willprovide production assistance to public access participants that will encourage and assist localproducers to complete programming, with at least an eighty percent (80%) completion rate.

The Selected Contractor shall keep maintained and repaired Citys television facilities andequipment to include field production and editing equipment and studio facilities and equipment



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designed to meet the needs of those using public access television.

The Selected Contractor will be required to provide monthly financial statements, the number of on-the-air hours of original programming, the number of electronic bulletin board hours andperformance reports to the City of Albuquerque, Legal Department. The Offeror that is selected will

be required to submit a quarterly report that provides the names of, nature of and resolution for allcomplaints received.

A second channel for Local Origination (LO) is also provided under the Citys franchise agreementwith Comcast. The programming for LO is produced by the Selected contractor. LO is to reflect thecultural, educational, civic, ethnic and spiritual interests of the City.

Offerors may respond to provide services for either the Local Origination Channel, the PublicAccess Channel or both. The City may award a contract for either or both channels. In addition,although there is currently a contract in place for the provision of educational access channels,Proposals may include a creative approach for consolidation of public, LO and educational access

services.

The RFP process is designed to evaluate an Offerors ability to meet these requirements physicallyand qualitatively, as well as, an Offerors ability to further develop and meet the communitys needs,via production or coverage of events and issues of relevance to the cablecast area. The evaluationprocess will also take into consideration the financial stability of the Offeror.



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PART 1

INSTRUCTIONS TO OFFERORS

1.1 RFP Number and Title: P201200004, "Access Television Services"

1.2 Proposal Due Date: Tuesday, August 16, 2011 - NLT 4:00 PM (Local Time)The time and date proposals are due shall be strictly observed.

1.3 Purchasing Division: This RFP is issued on behalf of the City of Albuquerque by itsPurchasing Division, which is the sole point of contact during the entire procurement process.

1.4 Authority: Chapter 5, Article 5 of the Revised Ordinances of the City of Albuquerque,1994, (the "Public Purchases Ordinance"). The City Council, pursuant to Article 1 of the Charter ofthe City of Albuquerque and Article X, Section 6 of the Constitution of New Mexico, has enacted

this ordinance as authorized by such provisions and for the purpose of providing maximum localself-government. To that end, it is intended that this ordinance shall govern all purchasingtransactions of the City and shall serve to exempt the City from all provisions of the New MexicoProcurement Code, as provided in Section 13-1-98K, NMSA 1978.

1.5 Acceptance of Offer: Acceptance of Offer is contingent upon Offeror's certification andagreement by submittal of its offer, to comply and act in accordance with all provisions of thefollowing:

1.5.1 City Public Purchases Ordinance

1.5.2 City Purchasing Rules and Regulations: City of Albuquerque Purchasing Rulesand Regulations: These Rules and Regulations (the Regulations) are written to clarify andimplement the provisions of the Public Purchases Ordinance (the Ordinance). TheseRegulations establish policies, procedures, and guidelines relating to the procurement,management, control, and disposal of goods, services, and construction, as applicable, underthe authority of the Ordinance.

1.5.3 Civil Rights Compliance: Acceptance of offer is contingent upon the Offeror'scertification and agreement by submittal of its offer, to comply and act in accordance withall provisions of the Albuquerque Human Rights Ordinance, the New Mexico Human RightsAct, Title VII of the U.S. Civil Rights Act of 1964, as amended, and all federal statutes andexecutive orders, New Mexico statutes and City of Albuquerque ordinances and resolutionsrelating to the enforcement of civil rights and affirmative action. Questions regarding civilrights or affirmative action compliance requirements should be directed to the City ofAlbuquerque Human Resources Department.

1.5.4 Americans with Disabilities Act Compliance: Offeror certifies and agrees, bysubmittal of its offer, to comply and act in accordance with all applicable provisions of theAmericans With Disabilities Act of 1990 and federal regulations promulgated thereunder.



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1.5.5 Insurance and Bonding Compliance: Acceptance of offer is contingent uponOfferor's ability to comply with the insurance requirements as stated herein. Please includea certificate or statement of compliance in your proposal and bonds as required.

1.5.6 Ethics:

1.5.6.1 Fair Dealing. The Offeror warrants that its proposal is submitted and enteredinto without collusion on the part of the Offeror with any person or firm, withoutfraud and in good faith. Offeror also warrants that no gratuities, in the form ofentertainment, gifts or otherwise, were, or will be offered or given by the Offeror, orany agent or representative of the Offeror to any officer or employee of the City witha view toward securing a recommendation of award or subsequent contract or forsecuring more favorable treatment with respect to making a recommendation ofaward.

1.5.6.2 Conflict of Interest. The Offeror warrants that it presently has no interestand shall not acquire any interest, direct or indirect, which would conflict in anymanner or degree with the performance of services required under the contractresulting from this RFP. The Offeror also warrants that, to the best of its knowledge,no officer, agent or employee of the City who shall participate in any decisionrelating to this RFP and the resulting contract, currently has, or will have in thefuture, a personal or pecuniary interest in the Offerors business.

1.5.7 Participation/Offeror Preparation: Offeror may not use the consultation orassistance of any person, firm company who has participated in whole or in part in thewriting of these specifications or the Scope of Services, for the preparation of its offer or inthe management of its business if awarded the contract resulting from this RFP.

1.5.8 Debarment or Ineligibility Compliance: By submitting its offer in response to thisRFP, the Offeror certifies that (i) it has not been debarred or otherwise found ineligible toreceive funds by any agency of the federal government, the State of New Mexico, any localpublic body of the State, or any state of the United States; and (ii) should any notice ofdebarment, suspension, ineligibility or exclusion be received by the Offeror, the Offeror willnotify the City immediately.

1.5.9 Goods Produced Under Decent Working Conditions: It is the policy of the Citynot to purchase, lease, or rent goods for use or for resale at City owned enterprises that wereproduced under sweatshop conditions. The Offeror certifies, by submittal of its offer inresponse to this solicitation, that the goods offered to the City were produced under decentworking conditions. The City defines under decent working conditions as production in afactory in which child labor and forced labor are not employed; in which adequate wages andbenefits are paid to workers; in which workers are not required to work more than 48 hoursper week (or less if a shorter workweek applies); in which employees are free from physical,sexual or verbal harassment; and in which employees can speak freely about workingconditions and can participate in and form unions. [Council Bill No. M-8, Enactment No. 9-



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1998]

1.5.10 Graffiti Free: When required, the Contractor will be required to furnish equipment,facilities, or other items required to complete these services, that are graffiti-free. Failure ofContractor to comply with this requirement may result in cancellation of the contract

resulting from this RFP.

1.6 City Contact: The sole point of contact for this Request for Proposals is the City ofAlbuquerque Purchasing Division. Questions regarding this RFP should be directed to the followingPurchasing representative for this solicitation through the online eProcurement system unlessotherwise specified in the solicitation:

Kelli De Angelis-Craig, Senior Buyer, Department of Finance and Administrative Services,Purchasing Division

Phone: (505) 768-3333 or E-Mail: [email protected] Post Office Box 1293, Albuquerque, New Mexico 87103

1.7 Contract Management: The contract resulting from this RFP will be managed by the LegalDepartment, Municipal Affairs Division.

1.8 Clarification: Any explanation desired by an Offeror regarding the meaning orinterpretation of this Request For Proposals must be requested in writing not less than ten (10)working days prior to the deadline for the receipt of offers to allow sufficient time for a reply toreach all Offerors before the submission of their offers. All inquiries must be directed to thePurchasing Division as stated herein. Oral explanations or instructions given before the award of thecontract or at any time will not be binding. All answers will be posted to the online eProcurementSystem and will constitute Addendum to this Request for Proposals.

1.9 Submission. Modification or Withdrawal of Offers: Offers must be submitted through theonline eProcurement system. Please see the Solicitation Instructions on the online coverpage forthis solicitation.

1.10 Modifications to Scope of Services: In the event that sufficient funds do not becomeavailable to complete each task in the Scope of Services, the Scope of Services may be amended,based upon the cost breakdown required in the Cost Proposal.

1.11 Draft Agreement: A copy of the Draft Agreement to be entered into is included in the RFP.Please state that you accept the terms and conditions of the Draft Agreement, or note exceptions.

1.12 Evaluation period: The City reserves the right to analyze, examine and interpret any offerfor a period of ninety (90) days after the hour and date specified for the receipt of offers.

1.13 Evaluation Assistance: The City of Albuquerque, in evaluating proposals, reserves theright to use any assistance deemed advisable, including City contractors and consultants.

1.14 Rejection and Waiver: The City reserves the right to reject any or all offers and to waive



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informalities and minor irregularities in offers received.

1.15 Debarment of Offeror: Any proposal received from an Offeror that is, at the time ofsubmitting its proposal or prior to receipt of award of a contract, debarred by or otherwise ineligibleto receive funds from any agency of the federal government, the State of New Mexico, any local

public body of the State, or any state of the United States, shall be rejected.

1.16 Award of Contract:

1.16.1 When Award Occurs: Award of contract occurs when a Purchase Order is issued orother evidence of acceptance by the City is provided to the Offeror. A Recommendation ofAward does not constitute award of contract.

1.16.2 Award: If a contract is awarded, it shall be awarded to the responsive andresponsible Offeror whose offer conforming to the Request for Proposals will be mostadvantageous to the City as set forth in the Evaluation Criteria.

1.16.3 Debarment/Cancellation of Contract: Upon receipt of notice of debarment of anOfferor awarded a contract as a result of this RFP (the Contractor), or other ineligibility ofthe Contractor to receive funds from any agency of the federal government, the State of NewMexico, any local public body of the State, or any state of the United States, the City shallhave the right to cancel the contract with the Contractor resulting from this RFP for cause inaccordance with the terms of said contract.

1.17 Cancellation: This Request for Proposals may be canceled and any and all proposals may berejected in whole or in part when it is in the best interest of the City.

1.18 Negotiations: Negotiations may be conducted with the Offeror(s) recommended for awardof contract.

1.19 City-Furnished Property: No material, labor, or facilities will be furnished by the Cityunless otherwise provided for in this Request for Proposals.

1.20 Proprietary Data: The file and any documents relating to this RFP, including the proposalssubmitted by Offerors, shall be open to public inspection after the recommendation of award of acontract has been signed by the Mayor, or his designee. An Offeror may designate trade secrets orother proprietary data to be confidential by separating that material from the Offerors mainproposal, marking it as Confidential and uploading it separately from its main proposal submittedin response to this RFP. Pricing and makes and models or catalog numbers of items offered,delivery terms, and terms of payment should not be so designated. The City of Albuquerquewill endeavor to restrict distribution of material separated, designated as Confidential and providedseparately to only those individuals involved in the review and analysis of the proposals. If a requestfor inspection of records under the New Mexico Inspection of Public Records Act (Sections 14-2-1et seq, NMSA 1978) is received, however, which request encompasses such materials, they will bedisclosed. The City assumes no responsibility to maintain the confidentiality of any materialssubmitted in response to this RFP.



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1.21 Preferences: Preferences for local, small and resident businesses may be available underthe City of Albuquerque Public Purchases Ordinance, for this procurement. See Part 5 of thisRequest for Proposals for additional information.

1.22 REQUEST FOR PROPOSALS (RFP) PROTEST PROCESS:

1.22.1 When: If the protest concerns the specifications for a competitive solicitation orother matters pertaining to the solicitation documents, it must be received by the PurchasingOfficer no later than ten working days prior to the deadline for the receipt of offers.

1.22.2 Recommendation of Award: If the protest concerns other matters relating to thissolicitation, the protest must be filed within ten working days after the receipt of notice ofthe Recommendation of Award.

1.22.3 Timely Protests: Protests must be received by the Purchasing Officer prior to the

appropriate deadline as set out herein, or they will not be considered valid. The PurchasingOfficer may waive the deadline for good cause, including a delay caused by the fault of theCity. Late delivery by the U.S. Postal Service or other carrier shall not be considered goodcause.

1.22.4 How to File: Any Offeror who is aggrieved in connection with a competitivesolicitation or recommendation of award of a contract may protest to the City PurchasingOfficer. The protest shall be addressed to the Purchasing Officer, must be submitted inwritten form and must be legible. Protests may be hand-delivered or mailed. Facsimile,telephonic, telegraphic or electronic protests will not be accepted.

1.22.5 Required Information: The protest shall contain at a minimum the following;

The name and address of the protesting party; The number of the competitive solicitation; A clear statement of the reason(s) for the protest; Details concerning the facts, which support the protest; Attachments of any written evidence available to substantiate the claims of the

protest; and

A statement specifying the ruling requested.

1.22.6 Address Letters and Envelopes as Follows:

City of Albuquerque RFP Number Purchasing Division PROTEST PO Box 1293 Albuquerque, New Mexico 87103

1.22.7 Protest Response by Purchasing Officer: All protests will be responded to by thePurchasing Officer upon evaluation. The Purchasing Officer will, after evaluation of a



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protest, issue a response. Only the issues outlined in the written protest will be consideredby the Purchasing Officer.

1.22.8 Protest Hearing: If a hearing is requested, the request must be included in theprotest and received within the time limit to be allowed. The filing fee of twenty dollars

($20.00) must accompany the request for hearing. Only the issues outlined in the protest willbe considered by the Purchasing Officer, or may be raised at a protest hearing. The grantingof a hearing shall be at the discretion of the Purchasing Officer following review of therequest.

1.23 INSURANCE:1.23.1 General Conditions: The City will require the successful Offeror, referred to as theContractor, to procure and maintain at its expense during the term of the contract resultingfrom the RFP, insurance in the kinds and amounts hereinafter provided with insurancecompanies authorized to do business in the State of New Mexico, covering all operations ofthe Contractor under the contract. Upon execution of the contract and on the renewal of all

coverages, the Contractor shall furnish to the City a certificate or certificates in formsatisfactory to the City showing that it has complied with these insurance requirements. Allcertificates of insurance shall provide that thirty (30) days written notice be given to the RiskManager, Department of Finance and Administrative Services, City of Albuquerque, P.O.Box 470, Albuquerque, New Mexico, 87103, before a policy is canceled, materially changed,or not renewed. Various types of required insurance may be written in one or more policies.With respect to all coverages required other than professional liability or workerscompensation, the City shall be named an additional insured. All coverages afforded shall beprimary with respect to operations provided.

1.23.2 Approval of Insurance: Even though the Contractor may have been given notice toproceed, it shall not begin any work under the contract resulting from this RFP until therequired insurance has been obtained and the proper certificates (or policies) filed with theCity. Neither approval nor failure to disapprove certificates, policies, or the insurance by theCity shall relieve the Contractor of full responsibility to maintain the required insurance infull force and effect. If part of the contract is sublet, the Contractor shall include any or allsubcontractors in its insurance policies, or require the subcontractor to secure insurance toprotect itself against all hazards enumerated herein, which are not covered by theContractor's insurance policies.

1.23.3 Coverage Required: The kinds and amounts of insurance required are as follows:

1.23.3.1 Commercial General Liability Insurance. A commercial general liabilityinsurance policy with combined limits of liability for bodily injury or propertydamage as follows:

$1,000,000 Per Occurrence$1,000,000 Policy Aggregate$1,000,000 Products Liability/Completed Operations$1,000,000 Personal and Advertising Injury



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$ 50,000 Fire Legal$ 5,000 Medical Payments

Said policy of insurance must include coverage for all operations performed for theCity by the Contractor and contractual liability coverage shall specifically insure the

hold harmless provisions of the contract resulting from this RFP.

1.23.3.2 Automobile Liability Insurance. A comprehensive automobile liabilityinsurance policy with liability limits in amounts not less than $1,000,000 combinedsingle limit of liability for bodily injury, including death, and property damage in anyone occurrence. The policy must include coverage for the use of all owned,non-owned, hired automobiles, vehicles and other equipment both on and off work.

1.23.3.3 Workers' Compensation Insurance. Workers' compensation insurancepolicy for the Contractor's employees, in accordance with the provisions of theWorkers' Compensation Act of the State of New Mexico, (the "Act"). If the

Contractor employs fewer than three employees and has determined that it is notsubject to the Act, it will certify, in a signed statement, that it is not subject to theAct. The Contractor will notify the City and comply with the Act should it employthree or more persons during the term of the contract resulting from this RFP.

1.23.3.4 Broadcasting Liability Insurance. Broadcasting liability (media perils)coverage with liability limits in amounts not less than one million dollars($1,000,000) per occurrence. The insurance policies must insure against claimsarising from broadcast, utterance, dissemination, or publication of any kind by anymethod, including but not limited to claims for libel, slander, defamation or anyinvasions of rights or privacy.

1.23.3.4 Increased Limits: During the life of the contract the City may require theContractor to increase the maximum limits of any insurance required herein. In theevent that the Contractor is so required to increase the limits of such insurance, anappropriate adjustment in the contract amount will be made.

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PART 2PROPOSAL FORMAT

2.1 Technical Proposal Format, Section One

2.1.1 Offeror Identification: State name and address of your organization or office andnature of organization (individual, partnership or corporation, private or public, profit ornon-profit). Subcontractors if any must be identified in a similar manner. Include name andtelephone number of person(s) in your organization authorized to execute the DraftAgreement. Submit a statement of compliance with all laws stated herein. Submit astatement of agreement of the terms and conditions of the Draft Agreement; state exceptions.Show receipt of Addenda if applicable. Provide a statement or show ability to carry theinsurance specified.

2.1.2 Experience:

2.1.2.1 Current Experience. State relevant experience of the company and person(s)who will be actively engaged in the proposed project, including experience ofsubcontractors. Submit resumes for the individuals who will be performing theservices for the City.

2.1.2.2 Past Experience. Describe a minimum of three (3) projects of similar scope,which are now complete; state for whom the work was performed, year completed,and a reference person who can be contacted regarding the work. References mustbe for work performed in the past three to five (3 to 5) years. State relevantexperience with other municipalities or government entities.

2.1.3 Proposed Approach to Tasks: Discuss fully your proposed approach to each of thetasks described in Part 3, Scope of Services. Use charts to illustrate the number of hoursdedicated to each task and who will be performing each task [individual(s)/firm(s)].Reference Appendix A, attached hereto, without stating the price structure.

2.1.4 Management and Leadership Plan: The Offeror will be required to provide amanagement and leadership plan that addresses all aspects of the structure of managementand operational goals and objectives. This plan should address issues of FCC rulesgoverning PEG Access requirements, as well as, all Federal, State and Local laws,enforcement of operational rules and regulations and methods to address all violations of

operational rules and standards established by the proposer. The Offeror should cite byexample in their response to this RFP how compliance with obscenity laws will beaddressed, including, but not limited to, training, production, and master control decision-making.

2.1.5 IPEG Funds: Pursuant to the Comcast Cable Television Franchise Agreement,Comcast provides forty-four cents ($0.44) per subscriber to the City for Capital support.These funds are designated for PEG and/or INET capital use. The City determines the



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allocation and distribution of these funds based on its determination of need. Offeror isrequired to submit a list of all equipment or other capital needs for which it will propose useof a portion of the IPEG funds to acquire.

2.1.6 Five Year Plan: Submit a proposed five (5) year plan describing how you see theCitys IPEG program developing and progressing and how you see the Public Accesschannel and/or Local Origination channel fitting into the overall plan. Include equipment,budgetary, programming and location plans.

2.2 Cost Proposal Format,Section Two

2.2.1 Total Cost: Submit your Cost Proposal separately from your technical proposal. Ifprovided, follow the sample format attached to this RFP.

2.2.2 The cost proposal should contain at least the following information:

The cost for the entire project broken down by the activities or steps shownon the project schedule.

Estimated periodic billing to the City based on the cost of the deliverableitems.

Cost or pricing details should be shown by task. This might include, but isnot limited to:

Hours by category, hourly rates, and total labor broken out byprofessional and other labor. Rates are to include all overhead andprofit.

Purchased materials, unit costs, and quantities.

Travel, lodging, and other direct expenses.

Subcontract costs if applicable, and additional consulting beyond thescope of the described tasks (if requested).

2.2.3 Offerors should show detailed costs by task and number of hours dedicated to eachtask as listed in the specifications.

2.2.4 All Costs: All costs to be incurred and billed to the City should be described by theOfferor for each item, to allow for a clear evaluation and comparison, relative to other offersreceived. All costs should include any applicable gross receipts taxes. The Offeror shouldunderstand that the City will not pay for any amounts not included in the cost proposal -- forexample, insurance or taxes -- and that liability for items not included remains with the



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Offeror.

2.2.5 Each Offeror must submit a detailed Annual Operating budge for the first and secondcontract years including all reasonable costs.




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PART 3SCOPE OF SERVICES

3.1 PUBLIC ACCESS. Contractor shall perform the following services, (hereinafter referredto as the Services) in a satisfactory and proper manner, as determined by the City:

3.1.1.A,Contractor is required to provide locally produced and operated public access cabletelevision services to the Albuquerque cablecast area. Contractor is required to provide aminimum of 120 hours per week of original programming, subject to the followingconditions:

3.1.1.B, All programming must be of a contemporary quality and of the highest standard forpublic access non-professional material. There must be production quality standards withwhich all producers must comply;

3.1.1.C, All programming must meet the requirements of the U.S. Code: Title 18, Section

1468, which ensures that any cablecasting of questionable material be aired at appropriatetimes;

3.1.1.D, Contractor shall provide a plan that addresses actions to be taken to deal withviolations of federal, state and local laws. Contractor shall describe on-site management,disciplinary actions (immediate and long term) and a course of action that describes disputeresolution processes and any alternative options for disciplinary actions;

3.1.1.E, Eighty percent (80%) of all programming shall be locally produced by fully trainedand certified field and studio production persons;

3.1.1.F, Trained and qualified staff members must supervise all operations including mastercontrol, at all times;

3.1.1.H, Contractors Rules of Practice and Procedure must be made available to all personsqualifying as producers; these must also be available to the general public/citizens ofAlbuquerque; and

3.1.2 On the 15th of each month, Contractor is required to submit to the Director of the City of

Albuquerques Legal Department, or other appropriate identified party(s) as desired by the City(hereinafter the Director), a schedule of all programming for the following month indicating thetitle of the program and the cablecast time. Each submittal shall contain the total number of hoursper month of programming, totals of all studio and production time used, schedule of Field andStudio Production training sessions and the number of trainees certified.

3.1.3 Upon execution of the contract, and annually thereafter on that date, Contractor is requiredto provide to the Director a written plan detailing:

3.1.3.A, Future revenue enhancement and funding strategies including an estimate ofprojected annual income;



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administration of any such legislative appropriations. Any such funds will not be treated as part ofthe compensation to be proposed in response to this RFP.

3.2 LOCAL ORIGINATION. Contractor shall perform the following services, (hereinafterreferred to as the Services) in a satisfactory and proper manner, as determined by the City.

3.2.1.A. Programming for the Local Origination Channel shall be programming of local interest andoccurrence. It shall include both entertainment and informative programming. It shall focus on theeducational, cultural, civic and recreational needs and interests of the community.

3.2.1.B Contractor is required to provide locally produced and operated Local Origination cabletelevision services to the Albuquerque cablecast area. Contractor is required to provide a minimumof 120 hours per week of original programming, subject to the following conditions:

3.2.1.C. All programming for the LO channel must be done by Contractor or through writtensubcontracts under which Contractor maintains control of content and production quality.

3.2.1.D All programming must be of a contemporary quality and of the highest standard forLocal Origination material;

3.2.1.E All programming must meet the requirements of the U.S. Code: Title 18, Section 1468,which ensures that any cablecasting of questionable material be aired at appropriate times;

3.2.1.F Contractor must comply with all federal, state, and local laws, regulations and authoritiesaddressing necessary access or cablecast requirements. Any violation shall be a cause fortermination of the contract. This includes but is not limited to the franchise provision prohibitingcommercial programming, paid advertising, or promotional material unrelated to the specificprogramming purpose.

3.2.1.G All programming shall be produced and all operations conducted by trained and qualifiedstaff or subcontractors;

3.2.1.H Contractor shall establish rules and regulations concerning the programming and standardsfor the channel.

3.2.1.I On the 15th of each month, Contractor is required to submit to the Director of the City ofAlbuquerques Legal Department, or other appropriate identified party(s) as desired by the City(hereinafter the Director), a schedule of all programming for the following month indicating thetitle of the program and the cablecast time. Each submittal shall contain the total number of hoursper month of programming.

3.2.2 Upon execution of the contract, and annually thereafter on that date, Contractor is requiredto provide to the Director a written plan detailing:

3.2.2.A Future revenue enhancement and funding strategies including an estimate ofprojected annual income;



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3.2.2.B An innovative plan to minimize dependence on City cash contribution; and

3.2.2.C An Annual Report detailing the channels financial status and all cash or in-kindcontributions, programming enhancements and changes, survey results, community outreach

initiatives and results, grants applied for, received and/or denied and a listing of the Board ofDirectors, meeting dates and approved minutes or summaries of all meetings.

3.2.3 Contractor is required to provide a written report of all in-kind contributions. A writtendescription of such in-kind contributions shall be provided to the Director no later than the date ofexecution of the contract, and annually thereafter on that date. The nature of the in-kindcontributions is at the discretion of the contractor, but must be approved by the City.

3.2.4 Upon execution of the contract, and annually thereafter on that date, if changes to thesedocuments occur, the Contractor is required to provide:

Organizational charts detailing management responsibilities;Programming and production rules and procedures; andBy-Laws governing the channel and Board of Directors.

3.2.5 Contractor is required to provide to the Director monthly financial statements, and quarterlyperformance reports. Financial statements including an Income Statement and Balance Sheet shallbe due on the 15th of each month commencing with the month following execution of the contract,and shall detail the transactions of the preceding month. Performance reports shall detail progress ofthe Contractor with respect to all requirements of this Scope of Services. Such performance reportsshall be due at the end of each quarter.

3.2.6 The Contractor will be required to submit a log of the number of hours used for theElectronic Community Bulletin Board.

3.2.7 Programming for the Local Origination Channel shall be programming of local interest andoccurrence. It shall include both entertainment and informative programming. It shall focus on theeducational, cultural, civic and recreational needs and interests of the community.

3.2.8 Contractor will be required to pay all water, natural gas and electric service utility billsassociated with any space provided.

3.2.9 Any appropriations by the New Mexico Legislature made to the City of Albuquerque for theLocal Origination channel shall be deposited with the City and will be earmarked for use for thebenefit of the channel. Any equipment purchased with these funds will be the property of the City inaccordance with state law. A separate agreement will be executed for the distribution andadministration of any such legislative appropriations. Any such funds will not be treated as part ofthe compensation to be proposed in response to this RFP.

3.3 Additional Services. The scope of services will be expanded to provide for any additionalservices called for based on the successful Proposals response to the call in the introduction for an



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innovative approach to the use of emerging technologies for the best possible community mediaresource. Contractor is required to provide additional documentation as required by the finalcontract to demonstrate compliance with all such proposed innovations.




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PART 4EVALUATION OF OFFERS

4.1 Selection Process. The Mayor of Albuquerque shall name, for the purpose of evaluating theproposals, an Ad Hoc Advisory Committee. On the basis of the evaluation criteria established in this

RFP, the committee shall submit to the Mayor a list of qualified firms in the order in which they arerecommended. Proposal documentation requirements set forth in this RFP are designed to provideguidance to the Offeror concerning the type of documentation that will be used by the Ad HocAdvisory Committee. Offerors should be prepared to respond to requests by the Purchasing Officeon behalf of the Ad Hoc Advisory Committee for oral presentations, facility surveys, demonstrationsor other areas deemed necessary to assist in the detailed evaluation process. Offerors are advisedthat the City, at its option, may award this request on the basis of the initial offers.

4.2 Evaluation Criteria. The following general criteria, not listed in order or significance, willbe used by the Ad Hoc Advisory Committee in recommending contract award to the Mayor. Theproposal factors will be rated on a scale of 0-1000 with weight relationships as stated below.

4.2.1 Evaluation Factors:

400 -- The Offerors general approach and plans to meet the requirements of the RFPincluding programming plan, ability to address the call for innovative use of technology tocreate and use a community media resource and proposed approach to tasks.

300 -- Experience and qualifications of the Offeror and personnel in related fields as shownon staff resumes to perform tasks described in Part 3, Scope of Services; adequacy ofproposed project management and resources to be utilized by the Offeror based upon factorssuch as the project management plan, resources and staff resumes.

200 -- Financial information including resources other than the City, funding strategies andthe viability of Offerors financial plans.

100 -- Cost Proposal The costs proposed by the Contractor as described in Section 2.2 ofthis RFP to perform the tasks listed in Part 3, Scope of Services. The evaluation of thissection will occur after the technical evaluation, based on a cost/price analysis as well aswhether it is reasonable based on the proposed approach.

4.2.2 Cost/Price Factors: The evaluation of cost factors in the selection will bedetermined by a cost/price analysis using your proposed figures. Please note that the lowestcost is not the sole criterion for recommending contract award.

4.2.3 Cost Evaluation. The cost/price evaluation will be performed by the CityPurchasing Division or designee. A preliminary cost review will ensure that each Offerorhas complied with all cost instructions and requirements. In addition, proposals will beexamined to ensure that all proposed elements are priced and clearly presented. Costproposals that are incomplete or reflect significant inconsistencies or inaccuracies will be



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scored accordingly or may be rejected by the Ad Hoc Advisory Committee if lacking ininformation to determine the value/price/cost relative to the services proposed.

4.3 Preferences. Preferences for local, small and resident (state) businesses may be availableunder the City of Albuquerque Public Purchases Ordinance, for this procurement. See Part 5 of this

Request for Proposals for additional information.




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PART 5 - Instructions for PREFERENCE CERTIFICATION FORMFor Local, Small or Resident Business Preferences

(Goods & Services)

1. ALL INFORMATION MUST BE PROVIDED. A 5% small business preference and a 5% localpreference or resident business preference are available for this procurement. To qualify, an Offeror MUST

complete and submit this Form WITH ITS OFFER. If an offer is received without the Form attached,completed, signed and certified, or if the Form is received without the required information, the preference willnot be applied. THE FORM OR A CORRECTED FORM WILL NOT BE ACCEPTED AFTER THEDEADLINE FOR RECEIPT OF BIDS OR PROPOSALS.

2. PHYSICAL LOCATION MUST BE STATED. To qualify for the small business or local preference, abusiness must have its principal office and place of business in the Greater Albuquerque Metropolitan Area.The business location inserted on the Form must be a physical location, street address or such. DO NOT usea post office box or other postal address.

3. FORM MUST BE COMPLETED BY PRINCIPAL OFFEROR. This Form must be completed for thePrincipal Offeror, or one of the Principal Offerors if the Offeror is a joint venture or partnership, by anindividual authorized to sign for the Offeror. Subcontractors of the Offeror may not qualify an offer for a

preference and should not complete or submit the Form.

4. APPLICATION OF PREFERENCES. The small business preference and the local businesspreference will be applied to all offers submitted by eligible small businesses. The local preference only willbe applied to all offers submitted by eligible local businesses which are not small businesses. If there are nooffers submitted in response to a solicitation that are eligible for the local preference, then the ResidentBusiness Preference will be applied to any offers submitted which have provided a valid, State of NewMexico-issued, Resident Business or Resident Manufacturer Certification Number.

5. DEFINITIONS. The following definitions apply:

The Greater Albuquerque Metropolitan Area includes all locations within the City ofAlbuquerque and Bernalillo County.

A local business is a business with its principal office and place of business in the GreaterAlbuquerque Metropolitan Area.

A small business is a local business which employs an average of fewer than 20 full-timeemployees in a calendar year. The calendar year immediately prior to the request for thepreference should be used.

A principal office is the main or home office of the business as identified in tax returns,business licenses and other official business documents.

A place of business is a location where the business conducts its daily operations, for thegeneral public, if applicable.

A full-time employee is an employee of the business who is hired to work at least forty (40)hours per week, whether in a permanent, temporary or seasonal status. If all full-timeemployees of the business are hired to work a shorter work week, the Citys PurchasingOfficer may reduce this requirement, upon receipt of adequate documentation.

6. ADDITIONAL DOCUMENTATION. If requested, a business will be required to provide, within threeworking days of receipt of the request, documentation to substantiate the information provided on the Form.The Citys Purchasing Officer shall determine the sufficiency of such documentation.



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PREFERENCE CERTIFICATION FORMFor Local, Small or Resident Business Preferences

(Goods & Services)

RFP/RFB NO:____________________________

Business Name:________________________________________________________________

Principal Office:________________________________________________________________

Street Address City State Zipcode

Place of Business:________________________________________________________________

Street Address City State Zipcode

If your Principal Office and Place of Business are in the Greater AlbuquerqueMetropolitan Area (see definitions in Instructions attached), please provide thefollowing information:

Average Number of Full-time Employees over the Prior CalendarYear: SELECT ONE

0 19 employees.

20 employees or more.

If applicable, insert State of New Mexico Resident Business or Resident ManufacturerCertification Number: ___________________

CERTIFICATION

I hereby certify that the business set out above is the principal Offeror submitting this offer or is one of theprincipal Offerors jointly submitting this offer (e.g. as a partnership, joint venture). I hereby certify that theinformation which I have provided on this Form is true and correct, that I am authorized to sign on behalf ofthe business set out above and, if requested by the City, will provide, within 3 working days of receipt ofnotice, the necessary documents to substantiate the information provided on this Form.

Signature of Authorized Individual: __________________________________________________

Printed Name: ____________________________________________________________________

Title: _______________________________ Date:___________

YOU MUST RETURN THIS FORM WITH YOUR OFFER



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PART 6PROPOSED CONTRACT

PUBLIC ACCESS SERVICES

THIS AGREEMENT is made and entered into this ___ day of_____ , 2011 by and betweenthe City of Albuquerque, New Mexico a municipal corporation, (hereinafter referred to as the"City"), and _____________, (hereinafter referred to as the "Contractor"), a New Mexico Non-profitCorporation, whose address is _________________, Albuquerque New Mexico.

RECITALS

WHEREAS, the City issued a Request For Proposals through its Legal Department, RFPP2012000004 titled Access Television Services dated ______________ which is attached heretoas Exhibit A, and by this reference made a part of this Agreement; and

WHEREAS, the Contractor submitted its response to P2012000004, dated ___________,which is attached hereto as Exhibit B, an by this reference made a part of this Agreement, proposingservices for the operation of the Public Access television channel; and

WHEREAS, the City desires to engage the Contractor to render certain services inconnection therewith, and the Contractor is willing to provide such services.

NOW, THEREFORE, in consideration of the premises and mutual obligations herein, theparties hereto do mutually agree as follows:

1. Scope of Services: The Contractor shall perform the following services (hereinafter the"Services") in a satisfactory and proper manner, as determined by the City:

A. Contractor is required to provide locally produced and operated cable televisionservices for the Public Access channel to the Albuquerque cablecast area. Contractor is required toprovide a minimum of 120 hours per week of programming subject to the following conditions:

1. All programming must be of a contemporary quality and of the higheststandard for public access non-professional material. There must be production quality standardswith which all producers must comply;

2. The 120 hours of programming per week may include up to 30 hours of BulletinBoard and repeat programming including no more than 15 hours of Bulletin Board to be creditedagainst the 120 hour total programming requirement.

3. All programming must meet the requirements of the U.S. Code: Title 18,Section 1468, which ensures that cablecasting of questionable material be aired at appropriate times;

4. Contractor shall provide a plan that addresses actions to be taken to deal with


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violations of Federal, State and Local laws. Contractor shall describe on-site management,disciplinary actions (immediate and long term) and a course of action that describes disputeresolution processes and any alternative options for disciplinary actions;

5. Eighty percent (80%), of all programming shall be locally produced by fully

trained and certified field and studio production persons;

6. Trained and qualified staff members must supervise all operations, includingmaster control, at all times;

7. Rules of Practice and Procedure must be made available to all personsqualifying as producers; these must also be available to the general public/citizens of Albuquerque;and

B. On the 25th

of each month, Contractor is required to submit to the Director of the City

of Albuquerques Legal Department, or other appropriate identified party(s) as desired by the City(hereinafter the Director), a schedule of all programming for the following month indicating thetitle of the program and the cablecast time. Each submittal shall contain the total number of hoursper month of programming, totals of all studio and production time used, schedule of Field andStudio Production training sessions and the number of trainees certified.

C. Upon execution of this Agreement, and annually thereafter on that date, Contractor isrequired to provide to the director a written plan detailing:

1. Future revenue enhancement and funding strategies including an estimate ofprojected annual income. The City will not reduce funding based on Contractors revenue from anyoutside revenue source.

2. An updated and innovative plan to minimize dependence on City cashcontributions; and

3. An annual report detailing the channels financial status and all cash or in-kind contributions, programming enhancements and changes, survey results, total number ofstudents registered for Field and Studio Production training, total number of students completingthe Field and Studio Production training, total number of Field and Studio Production studentscertified, community outreach initiatives and results, grants applied for, received and/or denied and alisting of the Board of Directors meeting dates and approved minutes or summaries of all meetings.

D. Contractor is required to provide a written report of all monetary and in-kindcontributions. A written description of such contributions shall be provided to the Director no laterthan the date of execution of the Agreement, and annually thereafter on that date. The nature of thein-kind contributions is at the discretion of the contractor, but must be approved by the City.

E. Upon execution of this Agreement, and annually thereafter on that date, if changes to


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these documents occur, the Contractor is required to provide:

1. Organizational charts detailing management responsibilities;2. Programming and production rules and procedures; and3. By-Laws governing the channel and Board of Directors.

F. Contractor is required to survey the cablecast area to assess the level of satisfaction ofviewers, producers and programmers of the channel and to determine their interests anddemographics. Surveys to assess effectiveness shall be performed with results reported to theDirector six (6) months following the date of this Agreement, and annually thereafter on that date.The survey methodology is at the discretion of the Contractor. If another method is desired by theCity it shall be at the Citys expense.

G. Contractor is required to provide to the Director monthly financial statements, andquarterly performance reports. Financial statements including an Income Statement and BalanceSheet shall be due on the 25

thof each month commencing with the month following execution of this

Agreement, and shall detail the transactions of the preceding month. Performance reports shalldetail progress of the Contractor with respect to all requirements of this Scope of Services. Suchperformance reports shall be due at the end of each quarter.

H. Contractor must comply with all federal, state, and local laws, regulations andauthorities addressing necessary access or cablecast requirements. Any violation shall be a cause fortermination of the contract. This includes but is not limited to the franchise provision prohibitingcommercial programming, paid advertising, or promotional material unrelated to the specificprogramming purpose.

I. Contractor will be required to cablecast a minimum of 120 hours of originalprogramming per week. The Contractor will be required to submit a log of the number of hours usedfor the Electronic Community Bulletin Board. As provided in 1.A.2. the 120 hours may include upto 30 hours of Bulletin Board and repeats with no more than 15 of those hours to be Bulletin Board.

J. Upon execution of the Agreement, Contractor is required to submit a list of allequipment or other capital needs for which it proposes use of a portion of the IPEG funds to acquire.As a request to purchase each item is submitted, Contractor shall submit all necessary informationand comply with the Citys Purchasing Ordinance, Rules and Regulations and the Memorandum bythe Legal Department concerning the procedure.

INSERT EXPANSION OF SCOPE OF SERVICES TO PROVIDE FOR ANYADDITION SERVICES CALLED FOR BASED ON THE SUCCESSFUL PROPOSAL ANDREQUIREMENTS FOR DOCUMENTATION TO DEMONSTRATE COMPLIANCE

2. Time of Performance: Services of the Contractor shall commence on the date offinal execution of this Agreement and shall be undertaken and completed in such sequence as toassure their expeditious completion in light of the purposes of this Agreement; provided, however,


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that in any event, all of the services required hereunder shall be completed within five (5) years ofthe date of execution. This Agreement may be extended upon mutual agreement for two (2)additional two-year terms.

3. Compensation and Method of Payment:

A. Compensation: For performing the Services specified in Section 1 hereof,the City agrees to pay the Contractor up to the amount of ___________________. This amountincludes any applicable gross receipts taxes and which amount shall constitute full and completecompensation for the Contractors Services under this Agreement, including all expenditures madeand expenses incurred by the Contractor in performing the Services. No additional amounts will becharged or paid for indirect overhead charges.

B. Method of Payment: Such amount shall be paid to the Contractor in equalmonthly installments of _____________________ payable upon completion of the Services andupon receipt by the City of properly documented requisitions for payment as determined by the

budgetary and fiscal guidelines of the City and on the condition that the Contractor has accomplishedthe Services to the satisfaction of the City. All invoices must be delivered to the City within forty-five (45) days of the month in which services are provided or contractor will be deemed to havewaived payment.

C. Payments through ACH: All payments made pursuant to this Agreementshall be made by direct deposit to a bank account designated by Contractor. Contractor shall submitall documentation required by the City to allow the City to make payment by this mechanism.

D. Appropriations: Notwithstanding any other provisions in this Agreement tothe contrary, the terms of this Agreement are contingent upon the City Council of the City ofAlbuquerque making the appropriations necessary for the performance of this Agreement. Ifsufficient appropriations and authorizations are not made by the City Council, this Agreement maybe terminated at the end of the City's then current Fiscal Year upon written notice given by the Cityto the Contractor. Such event shall not constitute an event of default. All payment obligations of theCity and all of its interest in this Agreement will cease upon the date of termination. The City'sdecision as to whether sufficient appropriations are available shall be accepted by the Contractor andshall be final.

E. Studio Space. The City shall provide studio space it considers sufficient toperform the Services under this contact.

F. Utility Costs. Contractor shall pay water, natural gas and electric serviceutility bills associated with the space provided.

G. Legislative Appropriations. None of the figures contained above includefunds allocated directly to the City of Albuquerque by the New Mexico Legislature during any givensession for the Public Access channel. Any such appropriations shall be deposited with the City andwill be earmarked for use by the public access provider for the purchase of equipment. Any


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equipment purchased with these funds will be the property of the City in accordance with State law.A separate agreement will be executed for the distribution and administration of any such legislativeappropriations.

4. Use of IPEG Funds and Title to Property. Pursuant to the Comcast cable

television franchise agreement, Comcast provides forty-four cents ($0.44) per subscriber to the Cityfor capital support. These funds are designated for PEG and/or I-NET use. Contractor mayrecommend expenditure of such funds for equipment it believes necessary for its operation. TheCity will determine the allocation and distribution of these funds based on the Citys determinationof need. The City shall purchase all equipment. Title to and ownership of all property, equipmentand associated rights obtained with these funds or any other City funds shall be held by the City. Allwarranties, all rights to inspection and acceptance of the items and any and all additional rights willbe held by the City upon delivery of the equipment.

5. Identification of Equipment. All equipment acquired by IPEG or other City fundsshall be tagged and identified as City of Albuquerque property in accordance with applicable laws

and regulations. It shall be returned to the City upon termination of this or any subsequentagreements with Contractor.

6. Independent Contractor: Neither the Contractor nor its employees are consideredto be employees of the City of Albuquerque for any purpose whatsoever. The Contractor isconsidered an independent contractor at all times in the performance of the services described inSection 1. The Contractor further agrees that neither it nor its employees are entitled to any benefitsfrom the City under the provisions of the Workers' Compensation Act of the State of New Mexico,or to any of the benefits granted to employees of the City under the provisions of the Merit SystemOrdinance as now enacted or hereafter amended.

7. Personnel:

A. The Contractor represents that it has, or will secure at its own expense, all personnelrequired in performing all of the Services required under this Agreement. Such personnel shall notbe employees of or have any contractual relationships with the City.

B. All the Services required hereunder will be performed by the Contractor or under itssupervision and all personnel engaged in the work shall be fully qualified and shall be authorized orpermitted under state and local law to perform such Services.

C. Noneof the work or Services covered by this Agreement shall be subcontracted withoutthe prior written approval of the City. Any work or Services subcontracted hereunder shall bespecified by written contract or agreement and shall be subject to each provision of this Agreement.

8. Indemnity: The Contractor agrees to defend, indemnify and hold harmless the Cityand its officials, agents and employees from and against any and all claims, actions, suits orproceedings of any kind brought against said parties because of any injury or damage received orsustained by any person, persons or property not belonging to the City, arising out of or resulting


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from the Services performed by the Contractor under this Agreement or by reason of any asserted actor omission, neglect or misconduct of the Contractor or Contractors agreements or employees orany subcontractor or its agents or employees. The indemnity required hereunder shall not be limitedby reason of the specification of any particular insurance coverage in this Agreement.

9. Insurance:

A. General Conditions. Contractor shall procure and maintain at its expense during theterm of this Agreement, insurance in the kinds and amounts hereinafter provided with insurancecompanies authorized to do business in the State of New Mexico, covering all operations of theContractor under the Agreement. Upon execution of this Agreement and on the renewal of allcoverage, the Contractor shall furnish to the City a certificate or certificates in form satisfactory tothe City showing that it has complied with these insurance requirements. All certificates ofinsurance shall provide that thirty (30) days written notice be given to the Risk Manager, Departmentof Finance and Administrative Services, City of Albuquerque, P.O. Box 470, Albuquerque, NewMexico, 87103, before a policy is canceled, materially changed, or not renewed. Various types of

required insurance may be written in one or more policies. The City shall be named an additionalinsured for all coverages and the coverages afforded shall be primary with respect to operationsprovided.

B. Approval of Insurance: Even though the Contractor may have been given notice toproceed, it shall not begin any work under the agreement until the required insurance has beenobtained and the proper certificates (or policies) filed with the City. Neither approval nor failure todisapprove certificates, policies, or the insurance by the City shall relieve the Contractor of fullresponsibility to maintain the required insurance in full force and effect. If part of the contract issublet, the Contractor shall include any or all subcontractors in its insurance policies, or require thesubcontractor to secure insurance to protect itself against all hazards enumerated herein, which arenot covered by the Contractor's insurance policies.

C. Coverage Required: The kinds and amounts of insurance required are as follows:

Commercial General Liability Insurance. A Commercial general liability insurance policywith combined limits of liability for bodily injury or property damage as follows:

$1,000,000 Per Occurrence$1,000,000 Policy Aggregate$1,000,000 Products Liability/Completed Operations$1,000,000 Personal and Advertising Injury$ 50,000 Fire Legal$ 5,000 Medical Payments

Said policy of insurance must include coverage for all operations performed for the City by theContractor and contractual liability coverage shall specifically insure the hold harmless provisions ofthis contract (agreement).


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Automobile Liability Insurance. A comprehensive automobile liability insurance policywith liability limits in amounts not less than $1,000,000 combined single limit of liability for bodilyinjury, including death, and property damage in any one occurrence. The policy must includecoverage for the use of all owned, non-owned, hired automobiles, vehicles and other equipment bothon and off work.

Workers' Compensation Insurance. Workers' compensation insurance policy for theContractor's employees, in accordance with the provisions of the Workers' Compensation Act of theState of New Mexico, (the "Act"). If the Contractor employs fewer than three employees and hasdetermined that it is not subject to the Act, it will certify, in a signed statement, that it is not subjectto the Act. The Contractor will notify the City and comply with the Act should it employ three ormore persons during the term of any Agreement resulting from this RFP.

Broadcasting Liability Insurance. Broadcasting liability (media perils) coverage withliability limits in amounts not less than one million dollars ($1,000,000) per occurrence. Theinsurance policies must insure against claims arising from broadcast, utterance, dissemination, or

publication of any kind by any method, including but not limited to claims for libel, slander,defamation or any invasions of rights or privacy.

D. Increased Limits: During the life of the contract (agreement) the City may requirethe Contractor to increase the maximum limits of any insurance required herein. In the event that theContractor is so required to increase the limits of such insurance, an appropriate adjustment in thecontract amount will be made.

10. ADA Compliance: In performing the Services required hereunder, the Contractoragrees to meet all the requirements of the Americans With Disabilities Act of 1990 (the "ADA"),which are imposed directly on the Contractor or which would be imposed on the City as a publicentity. The Contractor agrees to be responsible for knowing all applicable rules and requirements ofthe ADA and to defend, indemnify and hold harmless the City, its officials, agents and employeesfrom and against any and all claims, actions, suits or proceedings of any kind brought against saidparties as a result of any acts or omissions of the Contractor or its agents in violation of the ADA.

11. Reports and Information: At such times and in such forms as the City may require,there shall be furnished to the City such statements, records, reports, data and information, as theCity may request pertaining to matters covered by this Agreement. Unless authorized by the City,the Contractor will not release any information concerning the work product including any reports orother documents prepared pursuant to the Agreement until the final product is submitted to the City.

12. Open Meetings Requirements. Any nonprofit organization in the City whichreceives funds appropriated by the City, or which has as a member of its governing body an electedofficial, or appointed administrative official, as a representative of the City, is subject to therequirements of 2-5-1 et seq., R.O.A. 1994, Public Interest Organizations. The Contractor agreesto comply with all such requirements, if applicable.

13. Establishment and Maintenance of Records: Records shall be maintained by the


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Contractor in accordance with applicable law and requirements prescribed by the City with respectto all matters covered by this Agreement. Except as otherwise authorized by the City, such recordsshall be maintained for a period of three (3) years after receipt of final payment under thisAgreement.

14. Audits and Inspections: At any time during normal business hours and as often asthe City may deem necessary, there shall be made available to the City for examination all of theContractor's records with respect to all matters covered by this Agreement. The Contractor shallpermit the City to audit, examine, and make excerpts or transcripts from such records, and to makeaudits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employmentand other data relating to all matters covered by this Agreement. The Contractor understands andwill comply with the Citys Accountability in Government Ordinance, 2-10-1 et seq. R.O.A. 1994and also agrees to provide requested information and records and appear as a witness in hearings forthe Citys Board of Ethics and Campaign Practices pursuant to Article XII, Section 8 of theAlbuquerque Charter.

15. Publication, Reproduction and Use of Material: No material produced in whole orin part under this Agreement shall be subject to copyright in the United States or in any othercountry. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use,in whole or in part, any reports, data or other materials prepared under this Agreement.

16. Compliance with Laws: In performing the Services required hereunder, theContractor shall comply with all applicable laws, ordinances, and codes of the Federal, State, andlocal governments.

17. Changes: The City may, from time to time, request changes in the Scope of Servicesof the Contractor to be performed hereunder. Such changes, including any increase or decrease in theamount of the Contractor's compensation, which are mutually agreed upon by and between the Cityand the Contractor, shall be incorporated in written amendments to this Agreement.

18. Assignability: The Contractor shall not assign any interest in this Agreement andshall not transfer any interest in this Agreement (whether by assignment or notation), without theprior written consent of the City thereto.

19. Termination for Cause: If, through any cause, the Contractor shall fail to fulfill in atimely and proper manner its obligation under this Agreement or if the Contractor shall violate anyof the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have theright to terminate this Agreement by giving five (5) days written notice to the Contractor of suchtermination and specifying the effective date of such termination. In such event, all finished orunfinished documents, data, and reports prepared by the Contractor under this Agreement shall, atthe option of the City, become its property, and the Contractor shall be entitled to receive just andequitable compensation for any work satisfactorily completed hereunder. Notwithstanding theabove, the Contractor shall not be relieved of liability to the City for damages sustained by the Cityby virtue of any breach of this Agreement by the Contractor, and the City may withhold anypayments to the Contractor for the purposes of set-off until such time as the exact amount of


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damages due the City from the Contractor is determined.

20. Termination for Convenience of City: The City may terminate this Agreement atany time by giving at least fifteen (15) days notice in writing to the Contractor. If the Contract isterminated by the City as provided herein, the Contractor will be paid an amount which bears the

same ratio to the total compensation as the Services actually performed bear to the total Services ofthe Contractor covered by this Agreement, less payments of compensation previously made. If thisAgreement is terminated due to the fault of the Contractor, Section 20 hereof relative to terminationshall apply.

21. Construction and Severability: If any part of this Agreement is held to be invalidor unenforceable, such holding will not affect the validity or enforceability of any other part of thisAgreement so long as the remainder of the Agreement is reasonably capable of completion.

22. Enforcement: The Contractor agrees to pay to the City all costs and expensesincluding reasonable attorney's fees incurred by the City in exercising any of its rights or remedies in

connection with the enforcement of this Agreement.

23. Entire Agreement: This Agreement contains the entire agreement of the parties andsupersedes any and all other agreements or understandings, oral or written, whether previous to theexecution hereof or contemporaneous herewith.

24. Applicable Law: This Agreement shall be governed by and construed and enforcedin accordance with the laws of the State of New Mexico, and the laws, rules and regulations of theCity of Albuquerque.

25. Approval Required: This Agreement shall not become effective or binding untilapproved by the City's Chief Administrative Officer.

IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement as of thedate first above written.

CITY OF ALBUQUERQUE CONTRACTOR

Approved By: By:_________________________________

Typed or Printed Name

_______________________________ Signature:___________________________

Chief Administrative Officer (Date)

Title:_______________________________

Fed Tax ID No:________________

________________________________ State Tax ID No:_______________Robert D. Kidd (Date)

Interim City Attorney


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PROPOSED CONTRACTLOCAL ORIGINATION SERVICES

THIS AGREEMENT is made and entered into this ___ day of_____ , 2011 by and betweenthe City of Albuquerque, New Mexico a municipal corporation, (hereinafter referred to as the"City"), and _____________, (hereinafter referred to as the "Contractor"), a New Mexico Non-profitCorporation, whose address is _________________, Albuquerque New Mexico.

RECITALS

WHEREAS, the City issued a Request For Proposals through its Legal Department, RFP2011-__________ titled Access Television Services dated ______________ which is attachedhereto as Exhibit A, and by this reference made a part of this Agreement; and

WHEREAS, the Contractor submitted its response to RFP 2011-________, dated___________, which is attached hereto as Exhibit B, and by this reference made a part of thisAgreement, proposing services for the operation of the Local Origination television channel; and

WHEREAS, the City desires to engage the Contractor to render certain services inconnection therewith, and the Contractor is willing to provide such services.

NOW, THEREFORE, in consideration of the premises and mutual obligations herein, theparties hereto do mutually agree as follows:

1. Scope of Services: The Contractor shall perform the following services (hereinafter the"Services") in a satisfactory and proper manner, as determined by the City:

A. Contractor is required to provide locally produced and operated cable televisionservices for the Local Origination channel to the Albuquerque cablecast area. Contractor is requiredto provide a minimum of 120 hours per week of programming subject to the following conditions:

1. All programming must be of a contemporary quality and of the higheststandard for Local Origination material.

2. Programming shall be of local interest and occurrence. It shall include bothentertainment and informative programming. It shall focus on the educational, cultural, civic andrecreational needs and interests of the community.

3. All programming must meet the requirements of the U.S. Code: Title 18,Section 1468, which ensures that cablecasting of questionable material be aired at appropriate times.

4. All programming shall be done by Contractor or through written subcontracts under whichContractor maintains control of content and production quality.


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5. Eighty percent (80%), of all programming shall be locally produced by fullytrained and certified field and studio production persons.

6. All programming shall be produced and all operations conducted by trained

and qualified staff or subcontractors.

7. Contractor shall provide rules and regulations concerning the programmingand standards for the channel.

B. On the 25th of each month, Contractor is required to submit to the Director of the Cityof Albuquerques Legal Department, or other appropriate identified party(s) as desired by the City(hereinafter the Director), a schedule of all programming for the following month indicating thetitle of the program and the cablecast time. Each submittal shall contain the total number of hoursper month of programming.

C. Upon execution of this Agreement, and annually thereafter on that date, Contractor isrequired to provide to the director a written plan detailing:

1. Future revenue enhancement and funding strategies including an estimate ofprojected annual income. The City will not reduce funding based on Contractors revenue from anyoutside revenue source.

2. An updated and innovative plan to minimize dependence on City cashcontributions; and

3. An annual report detailing the channels financial status and all cash or in-kind contributions, programming enhancements and changes, survey results, community outreachinitiatives and results, grants applied for, received and/or denied and a listing of the Board ofDirectors meeting dates and approved minutes or summaries of all meetings.

D. Contractor is required to provide a written report of all monetary and in-kindcontributions. A written description of such contributions shall be provided to the Director no laterthan the date of execution of the Agreement, and annually thereafter on that date. The nature of thein-kind contributions is at the discretion of the contractor, but must be approved by the City.

E. Upon execution of this Agreement, and annually thereafter on that date, if changes tothese documents occur, the Contractor is required to provide:

1. Organizational charts detailing management responsibilities;2. Programming and production rules and procedures; and4. By-Laws governing the channel and Board of Directors.

F. Contractor is required to survey the cablecast area to assess the level of satisfaction ofviewers, and to determine their interests and demographics. Surveys to assess effectiveness shall be


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performed with results reported to the Director six (6) months following the date of this Agreement,and annually thereafter on that date. The survey methodology is at the discretion of the Contractorand if another method is desired by the City it shall be at the Citys expense.

G. Contractor is required to provide to the Director monthly financial statements, and

quarterly performance reports. Financial statements including an Income Statement and BalanceSheet shall be due on the 25th of each month commencing with the month following execution of thisAgreement, and shall detail the transactions of the preceding month. Performance reports shalldetail progress of the Contractor with respect to all requirements of this Scope of Services. Suchperformance reports shall be due at the end of each quarter.

H. Contractor must comply with all federal, state, and local laws, regulations andauthorities addressing necessary access or cablecast requirements. Any violation shall be a cause fortermination of the contract. This includes but is not limited to the franchise provision prohibitingcommercial programming, paid advertising, or promotional material unrelated to the specificprogramming purpose.

I. Contractor will be required to cablecast a minimum of 120 hours of originalprogramming per week. The Contractor will be required to submit a log of the number of hours usedfor the Electronic Community Bulletin Board. As provided in 1.A.2. the 120 hours may include upto 30 hours of Bulletin Board and repeats with no more than 15 of those hours to be Bulletin Board.

J. Upon execution of the Agreement, Contractor is required to submit a list of allequipment or other capital needs for which it proposes use of a portion of the IPEG funds to acquire.As a request to purchase each item is submitted, Contractor shall submit all necessary informationand comply with the Citys Purchasing Ordinance, Rules and Regulations and the Memorandum bythe Legal Department concerning the procedure.

INSERT EXPANSION OF SCOPE OF SERVICES TO PROVIDE FOR ANY ADDITIONSERVICES CALLED FOR BASED ON THE SUCCESSFUL PROPOSAL ANDREQUIREMENTS FOR DOCUMENTATION TO DEMONSTRATE COMPLIANCE

2. Time of Performance: Services of the Contractor shall commence on the date offinal execution of this Agreement and shall be undertaken and completed in such sequence as toassure their expeditious completion in light of the purposes of this Agreement; provided, however,that in any event, all of the services required hereunder shall be completed within five (5) years ofthe date of execution. This Agreement may be extended upon mutual agreement for two (2)additional two-year terms.

3. Compensation and Method of Payment:

A. Compensation: For performing the Services specified in Section 1 hereof,the City agrees to pay the Contractor up to the amount of ___________________. This amountincludes any applicable gross receipts taxes and which amount shall constitute full and completecompensation for the Contractors Services under this Agreement, including all expenditures made


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and expenses incurred by the Contractor in performing the Services. No additional amounts will becharged or paid for indirect overhead charges.

B. Method of Payment: Such amount shall be paid to the Contractor in equalmonthly installments of _____________________ payable upon completion of the Services and

upon receipt by the City of properly documented requisitions for payment as determined by thebudgetary and fiscal guidelines of the City and on the condition that the Contractor has accomplishedthe Services to the satisfaction of the City. All invoices must be delivered to the City within forty-five (45) days of the month in which services are provided or contractor will be deemed to havewaived payment.

C. Payments through ACH: All payments made pursuant to this Agreementshall be made by direct deposit to a bank account designated by Contractor. Contractor shall submitall documentation required by the City to allow the City to make payment by this mechanism.

D. Appropriations: Notwithstanding any other provisions in this Agreement to

the contrary, the terms of this Agreement are contingent upon the City Council of the City ofAlbuquerque making the appropriations necessary for the performance of this Agreement. Ifsufficient appropriations and authorizations are not made by the City Council, this Agreement maybe terminated at the end of the City's then current Fiscal Year upon written notice given by the Cityto the Contractor. Such event shall not constitute an event of default. All payment obligations of theCity and all of its interest in this Agreement will cease upon the date of termination. The City'sdecision as to whether sufficient appropriations are available shall be accepted by the Contractor andshall be final.

E. Space. Space will be considered in the proposal and may be provided by theCity.

F. Utility Costs. Contractor shall pay water, natural gas and electric serviceutility bills associated with the studio.

G. Legislative Appropriations. None of the figures contained above includefunds allocated directly to the City of Albuquerque by the New Mexico Legislature during any givensession for the Local Origination channel. Any such appropriations shall be deposited with the Cityand will be earmarked for use for the benefit of the channel. Any equipment purchased with thesefunds will be the property of the City in accordance with State law. A separate agreement will beexecuted for the distribution and administration of any such legislative appropriations.

4. Use of IPEG Funds and Title to Property. Pursuant to the Comcast cabletelevision franchise agreement, Comcast provides forty-four cents ($0.44) per subscriber to the Cityfor capital support. These funds are designated for PEG and/or INET use. Contractor mayrecommend expenditure of such funds for equipment it believes necessary for its operation. TheCity will determine the allocation and distribution of these funds based on the Citys determinationof need. The City shall purchase all equipment. Title to and ownership of all property, equipmentand associated rights obtained with these funds or any other City funds shall be held by the City. All


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warranties, all rights to inspection and acceptance of the items and any and all additional rights willbe held by the City upon delivery of the equipment.

5. Identification of Equipment. All equipment acquired by IPEG or other City fundsshall be tagged and identified as City of Albuquerque property in accordance with applicable laws

and regulations. It shall be returned to the City upon termination of this or any subsequentagreements with Contractor.

6. Independent Contractor: Neither the Contractor nor its employees are consideredto be employees of the City of Albuquerque for any purpose whatsoever. The Contractor isconsidered an independent contractor at all times in the performance of the services described inSection 1. The Contractor further agrees that neither it nor its employees are entitled to any benefitsfrom the City under the provisions of the Workers' Compensation Act of the State of New Mexico,or to any of the be

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