SANTA FE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT

SANTA FE COUNTY

COMMUNITY DEVELOPMENT

DEPARTMENT

REQUEST FOR PROPOSALS (RFP)

BROADBAND STRATEGIC PLAN

NM Commodity Code(s): 91890

RFP NO. 2024-0243-CDD

APRIL 2024

RFP NO. 2024-0243-CDD

TABLE OF CONTENTS

PAGE

NO.

I. ADVERTISEMENT .......................................................................................................4

II. INTRODUCTION ...........................................................................................................5

A. PURPOSE OF THIS REQUEST FOR PROPOSAL ............................................5

B. SCOPE OF WORK ................................................................................................5

C. INSURANCE REQUIREMENTS ....................................................................7

D. DESIGNATED PROCUREMENT SPECIALIST ................................................8

E. DEFINITION OF TERMINOLOGY.....................................................................8

III. CONDITIONS GOVERNING THE PROCUREMENT...............................................10

A. SEQUENCE OF EVENTS ..................................................................................10

B. EXPLANATION OF EVENTS ...........................................................................11

1. Issuance of RFP ..............................................................................................11

2. Pre-Proposal Conference ................................................................................11

3. Acknowledgement of Receipt Form Due ..................................................11

4. Deadline to Submit Additional Written Questions ...................................11

5. Response to Written Questions .................................................................11

6. Submission of Proposals ...........................................................................12

7. Proposal Evaluation ...................................................................................12

8. Selection of Finalists .................................................................................12

9. Best and Final Offers from Finalists (If applicable) .................................13

10. Oral Presentations by Finalists (If applicable) ..........................................13

11. Contract Negotiations ....................................................................................13

12. Contract Award .........................................................................................13

13. Right to Protest .........................................................................................13

C. GENERAL REQUIREMENTS ...........................................................................14

1. Acceptance of Conditions Governing the Procurement .................................14

2. Incurring Cost ................................................................................................14

3. Prime Contractor Responsibility ...............................................................14

4. Subcontractors ...........................................................................................14

5. Amended Proposals ...................................................................................14

6. Offerors’ Rights to Withdraw Proposal ....................................................15

7. Proposal Offer Firm ..................................................................................15

8. Disclosure of Proposed Contents ..............................................................15

9. No Obligation ............................................................................................15

10. Termination ...............................................................................................15

11. Sufficient Appropriation ................................................................................16

12. Legal Review ............................................................................................16

13. Governing Law .........................................................................................16

14. Basis for Proposal ..........................................................................................16

RFP NO. 2024-0243-CDD

15. Contract Terms and Conditions .....................................................................16

16. Contract Deviations ..................................................................................16

17. Offeror Qualifications ..............................................................................16

18. Right to Waive Minor Irregularities ........................................................17

19. Change in Contractor Representatives .....................................................17

20. Notice .......................................................................................................17

21. County Rights ..........................................................................................17

22. Right to Publish .......................................................................................17

23. Ownership of Proposals ...............................................................................17

24. Electronic Mail Address Recommended .................................................17

25. Preference in Procurement by Santa Fe County ......................................18

26. Double-Sided Documents ........................................................................19

27. Living Wage ............................................................................................19

IV. RESPONSE FORMAT AND ORGANIZATION ........................................................20

A. NUMBER OF RESPONSES ...............................................................................20

B. NUMBER OF COPIES .......................................................................................20

C. PROPOSAL FORMAT .......................................................................................20

1. Proposal Organization ...............................................................................20

2. Letter of Transmittal ..................................................................................21

V. SPECIFICATIONS .......................................................................................................22

A. INFORMATION .................................................................................................22

1. Time Frame ...............................................................................................22

B. EVALUATION CRITERIA ................................................................................22

1. Introduction ...............................................................................................22

2. Technical Competence and Specialized Experience .................................22

3. Evidence of Understanding Scope of Work ..............................................22

4. Capacity and Capability ............................................................................23

C. COST PROPOSAL .........................................................................................24

VI. EVALUATION OF PROPOSALS ...............................................................................24

A. EVALUATION SCORING .................................................................................24

B. EVALUATION PROCESS .................................................................................24

APPENDICES

A. Acknowledgement of Receipt Form ....................................................................26

B. Campaign Contribution Disclosure Form ............................................................27

C. Resident Veterans Preference Certification ....................................................30

D. Cost Proposal .......................................................................................................31

E. Sample Agreement ..........................................................................................32

RFP NO. 2024-0243-CDD

I. ADVERTISEMENT

SANTA FE COUNTY

BROADBAND STRATEGIC PLAN

RFP NO. 2024-0243-CDD

Santa Fe County requests proposals from qualified vendors or firms to provide and develop a

Broadband Strategic plan. All proposals submitted shall be valid for ninety (90) days subject to

action by the County. Santa Fe County reserves the right to reject any and all proposals in part or in

whole. A completed proposal shall be submitted in a sealed container indicating the proposal title

and number along with the Offeror's name and address clearly marked on the outside of the

container. All proposals must be received by 2:00 p.m. on Thursday, June 6, 2024, at the Santa

Fe County Purchasing Division, 102 Grant Avenue, (First Floor), Santa Fe, NM 87501. To

combat the spread of the recent COVID-19 illness, the submission of Proposals will also be accepted

electronically utilizing a DropBox. Please utilize this link to upload your proposal submission.

https://www.dropbox.com/request/JmfQIQEOPPGU7XRfCJRM

By submitting a proposal for the requested services each Offeror is certifying that it is a qualified

firm and its proposal complies with the requirements stated within the Request for Proposals.

A Pre-Proposal Conference will be held at 1:30 p.m. on Tuesday, May 7, 2024 online via WebEx

using the link provided below or by calling (408) 418-9388 meeting number: 2633 813 0031.

Attendance is not mandatory but highly recommended.

EQUAL EMPLOYMENT OPPORTUNITY: All qualified Offerors will receive consideration of

contract(s) without regard to race, color, religion, sex or national origin, ancestry, age, physical and

mental handicap, serious medical condition, disability, spousal affiliation, sexual orientation or gender

identity.

Request for Proposals will be available by contacting Tammy Jim, Procurement Specialist Senior,

102 Grant Avenue, (First Floor) Santa Fe, New Mexico 87501, or by telephone at (505) 986-6370,

or by email at [email protected] or on our website at

https://www.santafecountynm.gov/finance/purchasing-division/current-bid-solicitations.

PROPOSALS RECEIVED AFTER THE DATE AND TIME SPECIFIED ABOVE WILL NOT

BE CONSIDERED AND WILL BE REJECTED BY SANTA FE COUNTY.

Santa Fe County

Published April 28

& 29

https://meet358.webex.com/meet358/j.php?MTID=mb70b1efec8fb2bdd1a0c0a523192ff75

RFP NO. 2024-0243-CDD

II. INTRODUCTION

A. PURPOSE OF THIS REQUEST FOR PROPOSAL

Santa Fe County is seeking to establish a strategic plan for leveraging federal BEAD

(Broadband Equity Access and Deployment) funding for last mile projects and state Connect

NM funding for middle mile and last mile projects. The Broadband Strategy and Plan is to

include a clear scope and vision for access, equity, affordability with technical, demographic

and other data collection to identify needs, goals and success metrics. Additionally, the

Broadband Strategy and Plan is to identify any additional potential partners, anchors and

other stakeholders, including Internet Service Providers (IPS), telecommunications and

utility construction companies. The primary goal is to implement the population goals

contained in the Santa Fe County’s Strategy Plan through a comprehensive Broadband

Strategy and Plan.

The Population goals are:

• Provide a Safe Community

• Promote a Sustainable and Equitable Community

• Support a Healthy Community

• Be a Highly Skilled, Transparent, and Accessible Government

B. SCOPE OF WORK

We are seeking a contractor to develop a broadband strategic plan for Santa Fe County. The

plan shall, at minimum, include but not be limited to the following:

• Work with the County to develop an outreach strategy to engage local and regional

partners, Internet Service Providers (ISP) and other stakeholders, for input and

recommendations;

• An assessment of similar plans with success metrics and lessons learned to best

practices;

• Strategies for leveraging federal BEAD (Broadband Equity, Access, and

Deployment) funding for last mile projects and state Connect NM funding for middle

mile and last mile projects along with any other funding sources, as appropriate;

• A clearly defined scope and vision in the plan to include access, equity, affordability

with technical, demographic and other data collection to identity needs, goals and

success metrics;

• Identify any additional potential partners, anchors and other stakeholders, including

ISPs, telecommunications and utility construction companies;

• Identification and GIS (Geographical Information System) mapping of all county

owned broadband assets, including all RediNet (Regional Economic Development

Internet Network, middle mile service provider) equipment contained within Santa

RFP NO. 2024-0243-CDD

Fe County, and all county owned broadband assets, towers, Network Operations

Centers, Co-locations agreements, and broadband facilities;

• Partnership opportunities with regional governmental, non-governmental, business

and civic stakeholders (cities of Santa Fe, Edgewood, Espanola, school districts,

higher education, medical providers, Pueblos, counties and State of New Mexico,

etc.);

• Estimated capital and operational budgets for any recommendations identified for

consideration and potential funding sources;

• Estimated economic, social and other impacts to Santa Fe County and the region;

• Recommended path forward including timelines and internal project roles and

responsibilities;

• One, three, and five year goals, milestones and metrics;

• A risk assessment, including mitigation strategies for significant risks to successful

plan implementation;

• Preliminary engineering as applicable for planning and cost estimating.

The plan should be responsive to the federal and state broadband existing Initiatives,

targeted outcomes, Equity and Diversity goals, funding streams, service costs and expansion

of Broadband infrastructure to underserved and unserved areas of Santa Fe County. Potential

agency stakeholders include but are not limited to, NM OBAE (New Mexico Office of

Broadband Access and Expansion), Connect New Mexico Council, NTIA (National

Telecommunications and Information Administration), RUS (Rural Utility Service), FCC

(Federal Communication Commissions), and EDA (Economic Development

Administration).

DELIVERABLES

• Social services delivery;

• Constituent access to robust and affordable broadband leveraging BEAD

(Broadband Equity, Access, and Deployment funding opportunities;

• Emergency management and public safely communications, including cell coverage;

• Economic development including growing target industries such as a new media,

film and a growing work from home/’solopreneur’ segment;

• County operations: communications, data management, sustainability and

resiliency;

• Polling site and election security;

• Cyber security;

• Disaster recovery;

• Education;

• Workforce development including the training needed to execute any broadband

plans;

• Public engagement;

• Healthcare.

RFP NO. 2024-0243-CDD

TIMELINE

The following is a preliminary schedule for plan development. Final schedule will be

negotiated with the selected vendor.

• Research and Stakeholder engagement 3 months

• Draft plan delivered to Santa Fe County 0.50 month

• Santa Fe County staff review comments 1 month

• Contractor response to review comments 1 month

• Presentation to Board of County Commissioners of Final Plan 1 month

Total project duration: 6.5 months

COMMUNICATION

Regular updates will be provided to all project participants through virtual meetings, emails,

and documented reports. Any deviations from the proposed scope or budget will be

communicated promptly for review and approval.

C. INSURANCE REQUIREMENTS

The insurance required by Offeror are listed below.

1. General Conditions. Contractor shall submit evidence of insurance as is required

herein. Policies of insurance shall be written by companies authorized to write such

insurance in New Mexico.

2. General Liability Insurance, Including Automobile. Contractor shall procure and

maintain during the life of this Agreement a comprehensive general liability and

automobile insurance policy with liability limits in amounts not less than $1,000,000

combined single limits of liability for bodily injury, including death, and property

damage for any one occurrence. Said policies of insurance shall include coverage

for all operations performed for County by Contractor; coverage for the use of all

owned, non-owned, hired automobiles, vehicles and other equipment, both on and

off work; and contractual liability coverage under which this Agreement is an

insured contract. County of Santa Fe shall be a named additional insured on the

policy.

3. Workers’ Compensation Insurance. Contractor shall comply with the provisions of

the Workers’ Compensation Act.

4. Increased Limits. If, during the life of this Agreement, the Legislature of the State

of New Mexico increases the maximum limits of liability under the Tort Claims Act

RFP NO. 2024-0243-CDD

(NMSA 1978, Sections 41-4-1 through 41-4-29, as amended), Contractor shall

increase the maximum limits of any insurance required herein.

D. DESIGNATED PROCUREMENT SPECIALIST

The County has designated a Procurement Specialist who is responsible for the conduct of

this procurement whose name, address and telephone number is listed below. All deliveries

via express carrier should be addressed as follows:

Tammy Jim, Procurement Specialist Senior

Santa Fe County Purchasing Division

102 Grant Avenue, First Floor

Santa Fe, NM 87501

Phone: (505) 986-6370

Email: tjim@santafecountynm.gov

Any inquiries or requests regarding this procurement should be submitted to the

Procurement Specialist Senior in writing. Offerors may ONLY contact the Procurement

Specialist Senior listed above regarding the procurement. Other County employees do

not have the authority to respond on behalf of the County.

RFP NO. 2024-0243-CDD

E. DEFINITION OF TERMINOLOGY

This section contains definitions and abbreviations that are used throughout this

procurement document.

This section contains definitions and abbreviations that are used throughout this procurement

document.

“BCC” means the Santa Fe County Board of County Commissioners

“Close of Business” means 5:00 PM Mountain Standard Time or Mountain Daylight Time,

whichever is in effect on the date given.

“Contract” or “Agreement” means a written agreement for the procurement of items of

tangible personal property or services.

“Contractor” means a successful offeror who enters into a binding contract.

“County” means Santa Fe County.

“Determination” means the written documentation of a decision by the Procurement Manager

including findings of fact supporting a decision. A determination becomes part of the

procurement file.

“Desirable” The terms “may”, “can”, “should”, “preferably”, or “prefers” identify a desirable

or discretionary item or factor (as opposed to “mandatory”).

“Evaluation Committee” means a body appointed by the County management to perform the

evaluation of offeror proposals.

“Finalist” is defined as an offeror who meets all the mandatory specifications of this Request

for Proposals and whose score on evaluation factors is sufficiently high to merit further

consideration by the Evaluation Committee.

“Mandatory” The terms “must”, “shall”, “will”, “is required”, or “are required”, identify a

mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or

factor will result in the rejection of the offeror’s proposal.

“Offeror” is any person, corporation, or partnership who chooses to submit a proposal.

“Procurement Manager” means the person or designee authorized by the County to manage

or administer a procurement requiring the evaluation of competitive sealed proposals.

“Purchasing Division” means the Santa Fe County Purchasing Division, Finance

Department.

RFP NO. 2024-0243-CDD

“Request for Proposals” or “RFP” means all documents, including those attached or

incorporated by reference, used for soliciting proposals.

“Responsible Offeror” means an offeror who submits a responsive proposal and who has

furnished, when required, information and data to prove that its financial resources, production

or service facilities, personnel, service reputation and experience are adequate to make

satisfactory delivery of the services or items of tangible personal property described in the

RFP.

“Responsive Offer” or “Responsive Proposal” means an offer or proposal which conforms

in all material respects to the requirements set forth in the request for proposals. Material

respects of a request for proposals include, but are not limited to, price, quality, quantity or

delivery requirements.

RFP NO. 2024-0243-CDD

III. CONDITIONS GOVERNING THE PROCUREMENT

This section of the RFP contains the schedule for the procurement, describes the major

procurement events and the conditions governing the procurement.

A. SEQUENCE OF EVENTS

The Procurement Manager will make every effort to adhere to the following schedule:

Action

Responsibility

Date

1. Issuance of RFP

Purchasing Division

April 28

& 29

2. Pre-Proposal Conference

Owner/Offerors/

Purchasing

May 7

3. Acknowledgement of Receipt Form

Offerors

May 8

4. Deadline to Submit Additional Questions

Offerors

May 10

5. Response to Written Questions

Purchasing Division

May 16

6. Submission of Proposal

Offerors

June 6

2:00 PM MDT

7. Proposal Evaluation Review

Evaluation Committee

June 11 – 14

8. Selection of Finalist

Evaluation Committee

June 2024

9. Oral Presentation by Finalists

(if applicable)

Offeror

June 2024

10. Contract Negotiations

County, Offeror

June 2024

11. Contract Award

Purchasing Division

June 2024

Note: If the Evaluation Committee makes a selection at the Selection of Finalists, event 9 will

not occur.

RFP NO. 2024-0243-CDD

B. EXPLANATION OF EVENTS

The following paragraphs describe the activities listed in the sequence of events shown in

Section III, Paragraph A.

1. Issuance of RFP

This RFP is being issued by the Santa Fe County (user agency name) Department

and the Purchasing Division.

2. Pre-Proposal Conference

A Pre-Proposal Conference and Site Visit are scheduled to occur on the date indicated

in the Sequence of Events at Section III.A. Questions may be submitted at the Pre-

Proposal Conference and until the date indicated in the Sequence of Events at Section

III.A. All questions must be in writing and e-mailed to

tjim@santafecountynm.gov. A public log will be kept of the names of potential

offerors who attended the Pre-Proposal Conference and the Site Visit.

3. Acknowledgement of Receipt Form

Potential offerors should hand-deliver, return by facsimile or e-mail the

Acknowledgement of Receipt Form provided as Appendix A to have its name and

firm placed on the procurement distribution list. The form should be signed by an

authorized representative of the organization, dated and returned by close of business

on Wednesday, May 8, 2024.

The procurement distribution list will be used for the distribution of written

responses to questions and any RFP addenda.

4. Deadline to Submit Additional Written Questions

Potential offerors may submit written questions regarding this RFP until the close of

business on the date indicated in the Sequence of Events at Section III.A. All

written questions must be addressed to the Procurement Specialist Senior, listed in

Section II.E and sent via facsimile or e-mail. Any contact with any other County

staff member or persons other than the Procurement Specialist Senior named in

this solicitation may be grounds for disqualification.

5. Response to Written Questions

Written responses to written questions and any RFP addenda will be distributed on

the date indicated in the Sequence of Events at Section III.A, to all potential offerors

whose names appear on the procurement distribution list.

RFP NO. 2024-0243-CDD

Additional written requests for clarification of distributed answers or addenda must

be received by the Procurement Specialist Senior no later than one (1) day after the

answers or addenda were issued.

6. Submission of Proposal

ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND

EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO

LATER THAN 2:00 p.m. Thursday, June 6, 2024. Proposals received after this

deadline will not be accepted. The date and time of receipt will be recorded on each

proposal. Proposals must be addressed and delivered to the Procurement Specialist

Senior at the address listed in Section II.E. Proposals must be sealed and labeled on

the outside of the package to clearly indicate that they are in response to the County's

Request for Proposals No. 2024-0243-CDD/TJ. Proposals may also be

submitted electronically via Dropbox at the link provided below.

https://www.dropbox.com/request/JmfQIQEOPPGU7XRfCJRM

Proposals must be delivered to:

Tammy Jim, Procurement Specialist Senior

Santa Fe County Purchasing Division

102 Grant Avenue (First Floor)

Santa Fe, New Mexico 87501

A public log will be kept of the names of all offeror’s who submitted proposals.

Pursuant to NMSA 1978, Section 13-1-116, the contents of any proposal shall not

be disclosed so as to be available to competing offerors during the negotiation

process.

7. Proposal Evaluation

The evaluation of proposals will be performed by an Evaluation Committee

appointed by the Procurement Specialist Senior. This process will take place during

the timeframe indicated in the Sequence of Events at III.A. During this time, the

Procurement Specialist Senior may initiate discussions with offerors who submit

responsive or potentially responsive proposals for the purpose of clarifying aspects

of the proposals, but proposals may be accepted and evaluated without such

discussion. Discussions SHALL NOT be initiated by the offerors.

8. Selection of Finalists (If Applicable)

The Evaluation Committee may select and the Procurement Specialist Senior may

notify the finalist offerors on the date indicated in the Sequence of Events at Section

III.A. Only finalists will be invited to participate in the subsequent steps of the

procurement if the finalist process is used.

RFP NO. 2024-0243-CDD

9. Best and Final Offers from Finalists (If Applicable)

Finalist offerors may be asked to submit revisions to their proposals for the purpose

of obtaining best and final offers by the date indicated in the Sequence of Events at

Section III.A.

10. Oral Presentation by Finalists (If Applicable)

Finalist offerors may be required to present their proposals to the Evaluation

Committee. The Procurement Specialist will schedule the time for each offeror

presentation. All finalist offerors will be contacted to schedule presentations

providing a location and instructions for the Oral presentations. Each presentation

will be limited to one (1) hour in duration.

11. Contract Negotiations

The contract will be finalized with the most advantageous offeror during the

timeframe indicated in the Sequence of Events at Section III.A. In the event that

mutually agreeable terms cannot be reached within the time specified, the County

reserves the right to finalize a contract with the next most advantageous offeror

without undertaking a new procurement process.

12. Contract Award

The County anticipates awarding the contract on the date in the Sequence of Events

at Section III.A. These dates are subject to change at the discretion of the Santa Fe

County Purchasing Specialist or Procurement Manager. Only by the determination

of the Procurement Manager, the County reserves the right to issue a multiple award

pursuant to NMSA 1978 13-1-153.

The contract shall be awarded to the offeror or offerors whose proposal is most

advantageous to the County, taking into consideration the evaluation factors set forth

in the RFP. The most advantageous proposal may or may not have received the

most points.

13. Right to Protest

Any protest by an offeror must be timely and in conformance with NMSA 1978,

Section 13-1-172 and applicable procurement regulations. Protests must be written

and must include the name and address of the protestor and the request for proposals

number. It must also contain a statement of grounds for protest including appropriate

supporting exhibits. The protests must be delivered to the Santa Fe County

RFP NO. 2024-0243-CDD

Purchasing Division:

Santa Fe County Procurement Office

Attn: Bill Taylor, CPO/ Procurement Manger

PO Box 276

Santa Fe, New Mexico 87504

Protests will not be accepted by facsimile or other electronic means.

Protests received after the deadline will not be accepted.

C. GENERAL REQUIREMENTS

This procurement will be conducted in accordance with Chapter 13, NMSA 1978, NMAC

1.4.1 and the Santa Fe County Procurement Regulations.

1. Acceptance of Conditions Governing the Procurement

Offerors must indicate their acceptance of the Conditions Governing the Procurement

section in the letter of transmittal. Submission of a proposal constitutes acceptance

of the terms and conditions of the contract template attached hereto as Appendix E.

2. Incurring Cost

Any cost incurred by the offeror in preparation, transmittal, presentation of any

proposal or material submitted in response to this RFP shall be borne solely by the

offeror.

3. Prime Contractor Responsibility

Any contract that may result from this RFP shall specify that the prime contractor is

solely responsible for fulfillment of the contract with the County. The County will

make contract payments to only the prime contractor.

4. Subcontractors

Use of subcontractors must be clearly explained in the proposal, and major

subcontractors must be identified by name. The prime contractor shall be wholly

responsible for the performance of the contract with the County whether or not subcon-

tractors are used.

5. Amended Proposals

An offeror may submit an amended proposal before the deadline for receipt of

proposals. Such amended proposal must be a complete replacement of the previously

submitted proposal and must be clearly identified as such in the transmittal letter.

County personnel will not merge, collate, or assemble proposal materials.

RFP NO. 2024-0243-CDD

6. Offerors' Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the deadline

for receipt of proposals. The offeror must submit a written withdrawal request signed

by the offeror's duly authorized representative addressed to the Procurement

Specialist. The approval or denial of withdrawal requests received after the deadline

for receipt of the proposals is governed by the applicable procurement regulations.

7. Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for 90 days

after the due date for receipt of proposals or 90 days after receipt of a best and final

offer if one is submitted.

8. Disclosure of Proposal Contents

Proposals shall not be opened publicly and shall not be open to public inspection until

after an offeror has been selected for award of a contract.

An offeror may request in writing non-disclosure of confidential data. Proprietary or

confidential data shall be readily separable from the proposal in order to facilitate

eventual public inspection of the non-confidential portion of the proposal. Confiden-

tial data is normally restricted to confidential financial information concerning the

offeror's organization and data that qualifies as a trade secret in accordance with the

Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7, NMSA 1978. The price of products

offered or the cost of services proposed shall not be designated as proprietary or

confidential information.

If a request is received for disclosure of data for which an offeror has made a written

request for confidentiality, the Santa Fe County Procurement Manger shall examine

the offeror's request and make a written determination that specifies which portions of

the proposal should be disclosed. Unless the offeror takes legal action to prevent the

disclosure, the proposal will be so disclosed. The proposal shall be open to public

inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation

This procurement in no manner obligates Santa Fe County or any of its departments

to the use of any proposed professional services until a valid written contract is

awarded and approved by the appropriate authorities.

RFP NO. 2024-0243-CDD

10. Termination

This RFP may be canceled at any time and any and all proposals may be rejected in

whole or in part when the County determines such action to be in the best interest of

the County

11. Sufficient Appropriation

Any contract awarded as a result of this RFP process may be terminated if sufficient

appropriations or authorizations do not exist. Such termination will be effected by

sending written notice to the contractor. The County's decision as to whether

sufficient appropriations and authorizations are available will be accepted by the

contractor as final.

12. Legal Review

The County requires that all offerors agree to be bound by the General Requirements

contained in this RFP. Any offeror concerns must be promptly brought to the atten-

tion of the Procurement Specialist Senior.

13. Governing Law

This procurement and any agreement with offerors that may result shall be governed

by the laws of the State of New Mexico.

14. Basis for Proposal

Only information supplied by the County in writing through the Procurement

Specialist Senior or in this RFP should be used as the basis for the preparation of

offeror proposals.

15. Contract Terms and Conditions

The contract between the County and the Contractor will follow the format specified

by the County and contain the terms and conditions set forth in Appendix E.

16. Contract Deviations

Any additional terms and conditions, which may be the subject of negotiation, will be

discussed only between the County and the selected offeror and shall not be deemed

an opportunity to amend the proposal.

RFP NO. 2024-0243-CDD

17. Offeror Qualifications

The Evaluation Committee may make such investigations as necessary to determine

the ability of the offeror to adhere to the requirements specified within this RFP. The

Evaluation Committee will reject the proposal of any offeror who is not a responsible

offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1-

85 NMSA, 1978, subject to Procurement Manager approval.

18. Right to Waive Minor Irregularities

The Evaluation Committee reserves the right to waive minor technical irregularities.

This right is at the sole discretion of the Evaluation Committee subject to the

Procurement Manager approval.

19. Change in Contractor Representatives

The County reserves the right to require a change in contractor representatives if the

assigned representatives are not, in the opinion of the County, meeting the County’s

needs adequately. Any change in contractor representative must receive prior County

approval.

20. Notice

The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes

civil and misdemeanor criminal penalties for its violation. In addition, the New

Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs.

21. County Rights

The County reserves the right to accept all or a portion of an offeror's proposal.

22. Right to Publish

Throughout the duration of this procurement process and contract term, potential

offerors and contractors must secure from the County written approval prior to the

release of any information that pertains to the potential work or activities covered by

this procurement or the subsequent contract. Failure to adhere to this requirement may

result in disqualification of the offeror's proposal or termination of the contract.

23. Ownership of Proposals

All documents submitted in response to this Request for Proposals shall become the

property of the County. However, any technical or user documentation submitted with

the proposals of non-selected offerors shall be returned after the expiration of the

protest period.

RFP NO. 2024-0243-CDD

24. Electronic Mail Address Recommended

A large part of the communication regarding this procurement will be conducted by

electronic mail (e-mail). It is recommended that the offeror should have a valid e-mail

address to receive e-mail correspondence.

25. Preferences in Procurement by Santa Fe County

a. New Mexico In-state Preference

New Mexico law, Section 13-4-2 NMSA 1978, provides a preference in the

award of a public works contract for an “in-state resident contractor”.

Application of a resident contractor preference for any Offeror requires the

Offeror to provide a copy of a valid and current certificate as a resident

contractor. Certificates are issued by the state taxation and revenue

department.

If an Offeror submits with its proposal a copy of a valid and current in-state

resident contractor certificate, 5% of the total weight of all evaluation factors

used in the evaluation of proposals may be awarded or added to the Offerors

score.

Certification by the department of taxation and revenue for the resident

contractor takes into consideration such activities as the business’ payment

of property taxes or rent in the state and payment of unemployment insurance

on employees who are residents of the state.

b. New Mexico Resident Veteran Preference

New Mexico law, Section 13-4-2 NMSA 1978, provides a preference in the

award of a public works contract for a “resident veteran contractor”.

Certification by the department of taxation and revenue for the resident

veteran business requires the Offeror to provide evidence of annual revenue

and other evidence of veteran status.

An Offeror who wants the veteran contractor preference to be applied to its

proposal is required to submit with its proposal the certification from the

department of taxation and revenue and the sworn affidavit attached hereto

as Appendix C.

If an Offeror submits with its proposal a copy of a valid and current veteran

resident contractor certificate, 10%, of the total weight of all the evaluation

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factors used in the evaluation of proposals may be awarded or added to the

Offeror’s score.

The resident contractor preference is not cumulative with the resident

veteran contractor preference.

AND

c. Santa Fe County Preference

Santa Fe County Ordinance 2012-4 provides for a County preference for a

“Santa Fe County business.” Application of the County preference in

procurement requires an Offeror to obtain and provide a Santa Fe County

Business Certificate issued by the Santa Fe County Procurement Manager.

Certification by the Procurement Manager takes into consideration the

business’ corporate standing in the state, business licensure or registration,

the duration of the business’ primary office location and the payment of

taxes.

If an Offeror submits with its proposal a copy of its Santa Fe County Business

Certificate issued by the Purchasing Manager, 5% of the total weight of all

the evaluation factors used in the evaluation of proposals may be awarded to

the Offerors score.

The Resident Business, Resident Veteran Business or Santa Fe County

Business preferences do not apply to procurement of services or goods

involving federal funds or federal grant funds.

26. Double-Sided Documents

All submitted bids/proposal documents shall be double-sided, pursuant to Santa Fe

County Resolution 2013-7, Adopting Sustainable Resource Management Principles,

Section 2. A. Waste Reduction and Reuse…” all documents are to be double-sided,

including those that are generated by outside entities using County funds and by

consultants and contractors doing business with the County”.

27. Living Wage

Contractor shall comply with the requirements of Santa Fe County Ordinance No.

2014-1 (Establishing a Living Wage).

RFP NO. 2024-0243-CDD

IV. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES

Offerors shall submit only one response to this RFP.

B. NUMBER OF COPIES

Offerors shall deliver one (1) original and four (4) identical copies of their proposal to the

location specified in Section II, Paragraph E on or before the closing date and time for receipt

of proposals. If submitting responses electronically via Dropbox, please submit two (2)

separate files: one file for the proposal response and a separate file the Appendix D Proposed

Fee Schedule.

C. PROPOSAL FORMAT

All proposals shall be limited to twenty (20) pages, with exception to professional licenses

and certifications, which shall be added as appendices. The document shall be typewritten

on standard 8 1/2 x 11 paper, with a font no smaller than 12 pt. pitch, with nominal 1”

margins and normal line spacing. Proposals shall be bound with tabs delineating each

section.

To combat the spread of the recent COVID-19 illness, the submission of Proposals will be

accepted electronically utilizing a DropBox. Please utilize this link to upload your proposal

submission. https://www.dropbox.com/request/JmfQIQEOPPGU7XRfCJRM

1. Proposal Organization

The proposal must be organized and indexed in the following format and must contain,

as a minimum, all listed items in the sequence indicated.

a) Letter of Transmittal

b) Response to County Terms and Conditions

c) Table of Contents (optional)

d) Response to Specifications – Evaluation Factors

e) Copy of insurance certificate

f) Cost Proposal (One in a separate sealed envelope with the original

proposal submission only, if submitting electronically submit as a

separate file)

g) Campaign Contribution Disclosure Statement

Within each section of their proposal, offerors should address the items in the order in which

they appear in this RFP under Section V.B. EVALUATION FACTORS. All forms

provided in the RFP must be thoroughly completed and included in the appropriate section of

the proposal.

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Any proposal that does not adhere to these requirements may be deemed non-responsive

and rejected on that basis.

The proposal summary may be included by offerors to provide the Evaluation Committee

with an overview of the technical and business features of the proposal; however, this material

will not be used in the evaluation process unless specifically referenced from other portions

of the offeror's proposal.

Offerors may attach other materials that they feel may improve the quality of their responses.

However, these materials should be included as items in a separate appendix.

2. Letter of Transmittal

Each proposal must be accompanied by a letter of transmittal. The letter of

transmittal MUST:

a) Identify the submitting person or organization;

b) Identify the name and title of the person authorized by the organization to

contractually obligate the organization;

c) Identify the name, title and telephone number of the person authorized to

negotiate the contract on behalf of the organization;

d) Identify the names, titles and telephone numbers of persons to be contacted for

clarification;

e) Explicitly indicate Acceptance of the Conditions Governing the Procurement

stated in Section III, Paragraph C.1;

f) Be signed by the person authorized to contractually obligate the organization;

g) Acknowledge receipt of any and all amendments to this RFP;

h) Acknowledge and acceptance of the terms and conditions of the Agreement

attached as Appendix E.

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V. SPECIFICATIONS

Offerors should respond in the form of a thorough narrative to each mandatory specification. The

narratives along with required supporting materials will be evaluated and awarded points

accordingly.

A. INFORMATION

Time Frame

The contract is scheduled to begin June 2024. Santa Fe County intends on awarding a

contract with an initial term of four years.

B. EVALUATION CRITERIA

A brief explanation of each mandatory specification is listed below. Offerors are encouraged

to fully address each category completely, as points are assigned for responses to each.

1. Introduction

• Provide an overview of the firm/agency particularly highlighting the strengths,

effectiveness, and operational experience.

• Specify how long the firm/agency has been in business, the vision or mission of

the organization, and any major programmatic changes which have occurred in

the last two years.

2. Technical Competence and Specialized Experience

• Provide information about the vendor’s specific technical experience with

providing services comparable to the Scope of Work required in this RFP.

• Include years of experience providing consultation services for similar

government entities of comparable size and complexity.

• Provide information regarding the ability to successfully perform the

requirements of the scope.

• Indicate the relevance of previous service contracts to the scope of work,

including any specialized experience.

• Provide evidence of the vendor’s knowledge, skills and ability to design and

implement a strategic plan for the federal BEAD funding.

3. Evidence of Understanding Scope of Work

• Provide an in-depth response and understanding of the requested scope of work.

• Include an itemized description of services to be provided that correlates to the

scope of work. Include information regarding a work plan.

• Specify how your services will meet and exceed the requirements of Santa Fe

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County.

• Discuss challenges that might be expected based on this service, including

existing conditions, location, site or any other factors.

• Identify any limitations or restrictions in providing the required services.

• Include information for any subcontractor or consultant that the Offeror has

indicated to be part of the project team including what areas of work they will

perform.

• Any services that cannot be provided as required shall be noted.

4. Capacity and Capability

• Provide information about the vendor’s approach in providing the required

services and capacity to implement the services and deliverables in a timely

manner;

• Include your team’s organization and working relationships.

C. COST PROPOSAL (Appendix D) - provide in a separate sealed envelope with the

original proposal ONLY (do not include in each of the four additional copies, if

submitting electronically, please submit in a separate file in Dropbox).

Offeror shall propose its cost for the tasks listed in the scope of work. A cost sheet is

provided as Appendix D.

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VI. EVALUATION

A. EVALUATION SCORING

The County will evaluate responsive proposals and assign a numerical score in each category, not

to exceed the maximum allowed score for that category, as determined through the Offeror’s

attention to the factor detailed in the following sections. The amount of discussion to be applied

to each listed topic is an individual choice of the Offeror; however, discussion should be detailed

enough to inform and educate the Evaluation Committee Members.

Proposals will be scored based upon a comparison of the information submitted by each Offeror

against the evaluation factors outlined below. Each Evaluation Factor is assigned the following

points:

1. Introduction ............................................................................................................... 100 points

2. Technical Competence & Specialized Experience ................................................ 300 points

3. Evidence of Understanding Scope ............................................................................ 300 points

4. Capacity & Capability ............................................................................................... 300 points

TOTAL POINTS ...................................................................................... 1000 points

PREFERENCES

If a proposal contains an In-State Resident Business Certificate or Resident Veterans

Business Certificate and/or Santa Fe County Business Certificate, the applicable

preference will be applied.

5. Proposal contains a valid N.M. Resident

Business Certificate……………………………….………………..50 points

6. Proposal contains a valid Resident Veteran

Business Certificate…………………………………………………100 points

AND

7. Proposal contains a valid Santa Fe County

Business Certificate………………………………….……………….50 points

B. EVALUATION PROCESS

The evaluation process will follow the steps listed below:

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1. All proposals will be reviewed for compliance with the mandatory specifications

stated within the RFP. Proposals deemed non-responsive will be eliminated from

further consideration.

2. The Procurement Specialist Senior may contact the Offeror for clarification of the

response as specified in Section III, Paragraph B.7.

3. The Evaluation Committee may use other sources of information to perform the

evaluation as specified in Section III, Paragraph C.18.

4. Responsive proposals will be evaluated using the factors in Section V. The

responsible Offerors with the highest scores will be selected as finalist Offerors

based upon the proposals submitted. Finalist Offerors who are asked or choose to

submit revised proposals for the purpose of obtaining best and final offers will have

their points recalculated accordingly. The responsible Offeror whose proposal is

most advantageous to the County, taking into consideration the evaluation factors in

Section VI, will be recommended for contract award as specified in Section III,

Paragraph B.12. Please note, however, that a serious deficiency in the response to

any one factor may be grounds for rejection regardless of overall score.

5. Past performance in a project for the County (See Section V.C.3 above) is a significant

consideration of the evaluation and poor performance on a prior County project may

result in a lower number of points awarded to a proposal for this element of the

evaluation.

RFP NO. 2024-0243-CDD

APPENDIX A

ACKNOWLEDGEMENT OF RECEIPT FORM

Broadband Strategic Plan

RFP No. 2024-0243-CDD

In acknowledgement of receipt of this Request for Proposal the undersigned agrees that he/she has

received a complete copy, beginning with the title page and table of contents, and ending with

Appendix E.

The acknowledgement of receipt should be signed and returned to the Procurement Specialist Senior

no later than close of business on Wednesday, May 8, 2024. Only potential Offerors who elect to

return this form completed with the indicated intention of submitting a proposal will receive copies of

all Offeror written questions and the County's written responses to those questions as well as RFP

amendments, if any are issued.

FIRM: _________________________________________________________________

REPRESENTED BY: _____________________________________________________

TITLE: ________________________________ PHONE NO.: ____________________

E-MAIL: ___________________________ FAX NO.: ________________________

ADDRESS: _____________________________________________________________

CITY: __________________________ STATE: ________ ZIP CODE: _____________

SIGNATURE: ___________________________________ DATE: _________________

This name and address will be used for all correspondence related to the Request for Proposal.

Firm does/does not (circle one) intend to respond to this Request for Proposals.

Tammy Jim, Procurement Specialist Senior

Santa Fe County Purchasing Division

102 Grant Avenue (First Floor)

Santa Fe, New Mexico 87501

Phone: (505) 986-6370

Email: tjim@santafecountynm.gov

RFP NO. 2024-0243-CDD

APPENDIX B

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with

any state agency or local public body for professional services, a design and build project

delivery system, or the design and installation of measures the primary purpose of which is

to conserve natural resources must file this form with that state agency or local public body.

This form must be filed even if the contract qualifies as a small purchase or a sole source contract.

The prospective contractor must disclose whether they, a family member or a representative of the

prospective contractor has made a campaign contribution to an applicable public official of the

state or a local public body during the two years prior to the date on which the contractor submits

a proposal or, in the case of a sole source or small purchase contract, the two years prior to the

date the contractor signs the contract, if the aggregate total of contributions given by the

prospective contractor, a family member or a representative of the prospective contractor to the

public official exceeds two hundred and fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel a

solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family

member of the prospective contractor, or a representative of the prospective contractor gives a

campaign contribution or other thing of value to an applicable public official or the applicable

public official’s employees during the pendency of the procurement process or 2) a prospective

contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR

NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY

CONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to

complete a term of an elected office, who has the authority to award or influence

the award of the contract for which the prospective contractor is submitting a

competitive sealed proposal or who has the authority to negotiate a sole source or

small purchase contract that may be awarded without submission of a sealed

competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money

or other thing of value, including the estimated value of an in-kind contribution, that is

made to or received by an applicable public official or any person authorized to raise,

collect or expend contributions on that official’s behalf for the purpose of electing the

official to either statewide or local office. “Campaign Contribution” includes the payment

of a debt incurred in an election campaign, but does not include the value of services

provided without compensation or unreimbursed travel or other personal expenses of

individuals who volunteer a portion or all of their time on behalf of a candidate or political

RFP NO. 2024-0243-CDD

committee, nor does it include the administrative or solicitation expenses of a political

committee that are paid by an organization that sponsors the committee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law,

daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the

public notice of the request for proposals and ending with the award of the contract or the

cancellation of the request for proposals.

“Person” means any corporation, partnership, individual, joint venture, association or

any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed

proposal process set forth in the Procurement Code or is not required to submit a

competitive sealed proposal because that person qualifies for a sole source or a small

purchase contract.

“Representative of a prospective contractor” means an officer or director of a

corporation, a member or manager of a limited liability corporation, a partner of a

partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: __________________________________________

Relation to Prospective Contractor: __________________________________________

Name of Applicable Public Official: _________________________________________

Date Contribution(s) Made: __________________________________________

__________________________________________

Amount(s) of Contribution(s) __________________________________________

__________________________________________

Nature of Contribution(s) __________________________________________

__________________________________________

Purpose of Contribution(s) __________________________________________

__________________________________________

(Attach extra pages if necessary)

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___________________________ _______________________

Signature Date

___________________________

Title (position)

--OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY

DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or

representative.

______________________________ _______________________

Signature Date

______________________________

Title (position)

RFP NO. 2024-0243-CDD

APPENDIX C

RESIDENT VETERANS PREFERENCE CERTIFICATION

____________________________ (NAME OF CONTRACTOR) hereby certifies the following in

regard to application of the resident veterans’ preference to this procurement.

Please check one box only:

 I declare under penalty of perjury that my business prior year revenue starting January 1 ending

December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand

that knowingly giving false or misleading information about this fact constitutes a crime.

“I agree to submit a report or reports to the State Purchasing Division of the General Services

Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending

on December 31, the following to be true and accurate:

“In conjunction with this procurement and the requirements of this business application for a

Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or

13-1-22 NMSA 1978, which awarded a contract which was on the basis of having such veterans preference,

I agree to report to the State Purchasing Division of the General Services Department the awarded amount

involved. I will indicate in the report the award amount as a purchase from a public body or as a public

works contract from a public body as the case may be.”

“I understand that knowingly giving false or misleading information on this report constitutes a

crime”.

I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that

giving false or misleading statements about material fact regarding this matter constitutes a crime.

_________________________________________ ___________________

(Signature of Business Representative)* (Date)

*Must be an authorized signatory of the Business.

The representations made in checking the boxes constitutes a material representation by the business that is

subject to protest and may result in denial of an award or un-award of the procurement involved if the

statements are proven to be incorrect.

SIGNED AND SEALED THIS__________DAY OF ________________, 2024.

________________________________________

NOTARY PUBLIC

My Commission Expires:

___________________________________

RFP NO. 2024-0243-CDD

APPENDIX D

COST PROPOSAL

RFP NO. 2024-0243-CDD

APPENDIX E

SAMPLE AGREEMENT

SERVICE AGREEMENT

BETWEEN SANTA FE COUNTY AND

[NAME OF CONTRACTOR OR VENDOR]

FOR BROADBAND STRATEGIC PLAN

THIS AGREEMENT is made and entered into this ______ day of _______________ 2024,

by and between SANTA FE COUNTY, hereinafter referred to as the “County” and

[CONTRACTOR’S NAME], whose principal address is [CONTRACTOR’S ADDRESS]

hereinafter referred to as the “Contractor”.

WHEREAS, pursuant to NMSA 1978 13-1-112, the County issued Request for Proposal

(RFP) No. 2024-0243-CDD/TJ to solicit for Broadband Strategic Plan; and

WHEREAS, the County determines the Contractor is the most qualified offeror; and

WHEREAS, the County requires the services of the Contractor and the Contractor is willing

to provide these services and both parties wish to enter into this Agreement.

NOW, THEREFORE, it is agreed between the parties:

1. SCOPE OF WORK

The Contractor shall provide, without limitation, the following services.

2. ADDITIONAL SERVICES

A. The parties agree that all tasks set forth in Section 1 (Scope of Work), of this

Agreement shall be completed in full, to the satisfaction of the County, in accordance with

professional standards and for the amount set forth in Section 3 (Compensation, Invoicing and Set-

off), of this Agreement, and for no other cost, amount, fee or expense.

B. The County may from time to time request changes in the scope of work to be

performed hereunder. Such changes, including any increase or decrease in the amount of the

Contractor’s compensation, which are mutually agreed upon by and between the County and the

Contractor, shall be incorporated in a written amendment to this Agreement.

3. COMPENSATION, INVOICING AND SET-OFF

A. In consideration of its obligations under this Agreement the Contractor shall be

compensated as described in Exhibit A Proposed Fee Schedule.

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B. The Contractor shall submit a written request for payment to the County when

payment is due under this Agreement. Upon the County’s receipt of the written request, the County

shall issue a written certification of complete or partial acceptance or rejection of the deliverables

for which payment is sought.

1) The County’s representative for certification of acceptance or rejection of

contractual items and services shall be______________________________,

or such other individual as may be designated in the absence of the County

representative.

2) The Contractor acknowledges and agrees that the County may not make any

payment hereunder unless and until it has issued a written certification

accepting the contractual services or deliverables.

3) Within 30 days of the issuance of a written certification accepting the

services or deliverables, the County shall tender payment for the accepted

items or services. In the event the County fails to tender payment within 30

days of the written certification accepting the items or services, the County

shall pay late payment charges of one and one-half percent (1.5%) per month,

until the amount due is paid in full.

C. In the event the Contractor breaches this Agreement, the County may, without

penalty, withhold any payments due the Contractor for the purpose of set-off until such time as the

County determines the exact amount of damages it suffered as a result of the breach.

D. Payment under this Agreement shall not foreclose the right of the County to recover

excessive or illegal payment.

4. EFFECTIVE DATE AND TERM

This Agreement shall, upon due execution by all parties, become effective as of the date first written

above and shall terminate one year later, unless earlier terminated pursuant to Section 5

(Termination) or Section 6 (Appropriations and Authorizations). The County has the option to

extend the term of this Agreement in one year increments not to exceed four years in total

5. TERMINATION

A. Termination of Agreement for Cause. Either party may terminate the Agreement

based upon any material breach of this Agreement by the other party. The non-breaching party

shall give the breaching party written notice of termination specifying the grounds for the

termination. The termination shall be effective 30 days from the breaching party’s receipt of the

notice of termination, during which time the breaching party shall have the right to cure the breach.

If, however, the breach cannot with due diligence be cured within 30 days, the breaching party shall

RFP NO. 2024-0243-CDD

have a reasonable time to cure the breach, provided that, within 30 days of its receipt of the written

notice of termination, the breaching party began to cure the breach and advised the non-breaching

party in writing that it intended to cure.

B. Termination for Convenience of the County. The County may, in its discretion,

terminate this Agreement at any time for any reason by giving the Contractor written notice of

termination. The notice shall specify the effective date of termination, which shall not be less than

15 days from the Contractor’s receipt of the notice. The County shall pay the Contractor for

acceptable work, determined in accordance with the specifications and standards set forth in this

Agreement, performed before the effective date of termination but shall not be liable for any work

performed after the effective date of termination.

6. APPROPRIATIONS AND AUTHORIZATIONS

This Agreement is contingent upon sufficient appropriations and authorizations being made for

performance of this Agreement by the Board of County Commissioners of the County and/or, if

state funds are involved, the Legislature of the State of New Mexico. If sufficient appropriations

and authorizations are not made in this or future fiscal years, this Agreement shall terminate upon

written notice by the County to the Contractor. Such termination shall be without penalty to the

County, and the County shall have no duty to reimburse the Contractor for expenditures made in

the performance of this Agreement. The County is expressly not committed to expenditure of any

funds until such time as they are programmed, budgeted, encumbered and approved for expenditure

by the County. The County’s decision as to whether sufficient appropriations and authorizations

have been made for the fulfillment of this Agreement shall be final and not subject to challenge by

the Contractor in any way or forum, including a lawsuit.

7. INDEPENDENT CONTRACTOR

The Contractor and its agents and employees are independent contractors and are not employees or

agents of the County. Accordingly, the Contractor and its agents and employees shall not accrue

leave, participate in retirement plans, insurance plans, or liability bonding, use County vehicles, or

participate in any other benefits afforded to employees of the County. Except as may be expressly

authorized elsewhere in this Agreement, the Contractor has no authority to bind, represent, or

otherwise act on behalf of the County and agrees not to purport to do so.

8. ASSIGNMENT

The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for

money due or to become due under this Agreement without the advance written approval of the

County. Any attempted assignment or transfer without the County’s advance written approval

shall be null and void and without any legal effect.

9. SUBCONTRACTING

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The Contractor shall not subcontract or delegate any portion of the services to be performed under

this Agreement without the advance written approval of the County. Any attempted subcontracting

or delegating without the County’s advance written approval shall be null and void and without any

legal effect.

10. PERSONNEL

A. All work performed under this Agreement shall be performed by the Contractor or

under its supervision.

B. The Contractor represents that it has, or will secure at its own expense, all

personnel required to discharge its obligations under this Agreement. Such personnel (i) shall not

be employees of or have any contractual relationships with the County and (ii) shall be fully

qualified and licensed or otherwise authorized or permitted under federal, state, and local law to

perform such work.

11. RELEASE

Upon its receipt of all payments due under this Agreement, the Contractor releases the County, its

elected officials, officers, agents and employees from all liabilities, claims, and obligations

whatsoever arising from or under or relating to this Agreement.

12. CONFIDENTIALITY

Any confidential information provided to or developed by the Contractor in the performance of this

Agreement shall be kept confidential and shall not be made available to any individual or

organization by the Contractor without the prior written approval of the County.

13. PUBLICATION, REPRODUCTION, AND USE OF MATERIAL; COPYRIGHT

A. The County has the unrestricted right to publish, disclose, distribute and otherwise

use, in whole or in part, any reports, data, or other material prepared under or pursuant

to this Agreement.

B. The Contractor acknowledges and agrees that any material produced in whole or

in part under or pursuant to this Agreement is a work made for hire. Accordingly, to the extent that

any such material is copyrightable in the United States or in any other country, the County shall

own any such copyright.

14. CONFLICT OF INTEREST

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The Contractor represents that it has no and shall not acquire any interest, direct or indirect, that

would conflict in any manner or degree with the performance of its obligations under this

Agreement.

15. NO ORAL MODIFICATIONS; WRITTEN AMENDMENTS REQUIRED

This Agreement may not be modified, altered, changed, or amended orally but, rather, only by an

instrument in writing executed by the parties hereto. The Contractor specifically acknowledges

and agrees that the County shall not be responsible for any changes to Section 1 (Scope of Work),

of this Agreement unless such changes are set forth in a duly executed written amendment to this

Agreement.

16. ENTIRE AGREEMENT; INTEGRATION

This Agreement incorporates all the agreements, covenants, and understandings between the parties

hereto concerning the subject matter hereof, and all such agreements, covenants and understandings

have been merged into this written Agreement. No prior or contemporaneous agreement, covenant

or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable

unless embodied in this Agreement.

17. NOTICE OF PENALTIES

The Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil and

criminal penalties for its violation. In addition, New Mexico criminal statutes impose felony

penalties for bribes, gratuities, and kickbacks.

18. EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE

A. The Contractor agrees to abide by all federal, state, and local laws, ordinances, and

rules and regulations pertaining to equal employment opportunity and unlawful discrimination.

Without in any way limiting the foregoing general obligation, the Contractor specifically agrees not

to discriminate against any person with regard to employment with the Contractor or participation

in any program or activity offered pursuant to this Agreement on the grounds of race, age, religion,

color, national origin, ancestry, sex, physical or mental handicap, serious medical condition, spousal

affiliation, sexual orientation, or gender identity.

B. The Contractor acknowledges and agrees that failure to comply with this Section

shall constitute a material breach of this Agreement.

19. COMPLIANCE WITH APPLICABLE LAW; CHOICE OF LAW

A. In performing its obligations hereunder, the Contractor shall comply with all

applicable laws, ordinances, and regulations.

B. Contractor shall comply with the requirements of Santa Fe County Ordinance

2014-1 (Establishing a Living Wage).

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C. This Agreement shall be construed in accordance with the substantive laws of the

State of New Mexico, without regard to its choice of law rules. Contractor and the County agree

that the exclusive forum for any litigation between them arising out of or related to this Agreement

shall be state district courts of New Mexico, located in Santa Fe County.

20. RECORDS AND INSPECTIONS

A. To the extent its books and records relate to (i) its performance of this Agreement

or any subcontract entered into pursuant to it or (ii) cost or pricing data (if any) set forth in this

Agreement or that was required to be submitted to the County as part of the procurement process,

the Contractor agrees to (i) maintain such books and records during the term of this Agreement and

for a period of six years from the date of final payment under this Agreement; (ii) allow the County

or its designee to audit such books and records at reasonable times and upon reasonable notice; and

(iii) to keep such books and records in accordance with generally accepted accounting principles

(GAAP).

B. To the extent its books and records relate to (i) its performance of this Agreement

or any subcontract entered into pursuant to it or (ii) cost or pricing data (if any) set forth in this

Agreement or that was required to be submitted to County as part of the procurement process, the

Contractor also agrees to require any subcontractor it may hire to perform its obligations under this

Agreement to (i) maintain such books and records during the term of this Agreement and for a

period of six years from the date of final payment under the subcontract; (ii) to allow the County or

its designee to audit such books and records at reasonable times and upon reasonable notice; and

(iii) to keep such books and records in accordance with GAAP.

21. INDEMNIFICATION

A. The Contractor shall defend, indemnify, and hold harmless the County and its

elected officials, agents, and employees from any losses, liabilities, damages, demands, suits, causes

of action, judgments, costs or expenses (including but not limited to court costs and attorneys’ fees)

resulting from or directly or indirectly arising out of the Contractor’s performance or non-

performance of its obligations under this Agreement, including but not limited to the Contractor’s

breach of any representation or warranty made herein.

B. The Contractor agrees that the County shall have the right to control and

participate in the defense of any such demand, suit, or cause of action concerning matters that relate

to the County and that such suit will not be settled without the County's consent, such consent not

to be unreasonably withheld. If a conflict exists between the interests of the County and the

Contractor in such demand, suit, or cause of action, the County may retain its own counsel to

represent the County’s interest.

C. The Contractor’s obligations under this section shall not be limited by the

provisions of any insurance policy the Contractor is required to maintain under this Agreement.

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22. SEVERABILITY

If any term or condition of this Agreement shall be held invalid or non-enforceable by any court of

competent jurisdiction, the remainder of this Agreement shall not be affected and shall be valid and

enforceable to the fullest extent of the law.

23. NOTICES

Any notice required to be given to either party by this Agreement shall be in writing and shall be

delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt

requested, postage prepaid, as follows:

To the County: [COUNTY’S NAME AND ADDRESS]

To the Contractor: [CONTRACTOR’S NAME AND ADDRESS]

24. CONTRACTOR’S REPRESENTATIONS AND WARRANTIES

The Contractor hereby represents and warrants that:

A. This Agreement has been duly authorized by the Contractor, the person executing

this Agreement has authority to do so, and, once executed by the Contractor, this Agreement shall

constitute a binding obligation of the Contractor.

B. This Agreement and Contractor’s obligations hereunder do not conflict with

Contractor’s corporate agreement or any statement filed with the New Mexico Secretary of State on

Contractor’s behalf.

C. Contractor is legally registered and is properly licensed by the State of New Mexico

to provide the services anticipated by this Agreement and shall maintain such registration and

licensure in good standing throughout the duration of the Agreement.

25. FACSIMILE SIGNATURES

The parties hereto agree that a facsimile signature has the same force and effect as an original for

all purposes.

26. NO THIRD-PARTY BENEFICIARIES

This Agreement was not intended to and does not create any rights in any persons not a party hereto.

27. INSURANCE

A. General Conditions. The Contractor shall submit evidence of insurance as is

required herein. Policies of insurance shall be written by companies authorized to write such

insurance in New Mexico.

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B. General Liability Insurance, Including Automobile. The Contractor shall procure

and maintain during the life of this Agreement a comprehensive general liability and automobile

insurance policy with liability limits in amounts not less than $1,000,000.00 combined single limits

of liability for bodily injury, including death, and property damage for any one occurrence. Said

policies of insurance shall include coverage for all operations performed for the County by the

Contractor; coverage for the use of all owned, non-owned, hired automobiles, vehicles and other

equipment, both on and off work; and contractual liability coverage under which this Agreement is

an insured contract. Santa Fe County shall be a named additional insured on the policy.

C. Increased Limits. If, during the life of this Agreement, the Legislature of the State

of New Mexico increases the maximum limits of liability under the Tort Claims Act (NMSA 1978,

Sections 41-4-1 through 41-4-29, as amended), the Contractor shall increase the maximum limits

of any insurance required herein.

28. PERMITS, FEES, AND LICENSES

Contractor shall procure all permits and licenses, pay all charges, fees, and royalties, and give all

notices necessary and incidental to the due and lawful performance of its obligations hereunder.

29. NEW MEXICO TORT CLAIMS ACT

No provision of this Agreement modifies or waives any sovereign immunity or limitation of liability

enjoyed by County or its “public employees” at common law or under the New Mexico Tort Claims

Act, NMSA 1978, Section 41-4-1, et seq.

30. CAMPAIGN CONTRIBUTION DISCLOSURE FORM

The Contractor agrees to compute and submit simultaneous with execution of this Agreement a

Campaign Contribution Disclosure form approved by the County.

31. APPOINTMENT OF AGENT FOR SERVICE OF PROCESS

The Contractor hereby irrevocably appoints [NAME AND ADDRESS OF AGENT], as its agent

upon whom process and writs in any action or proceeding arising out of or related to this Agreement

may be served. The Contractor acknowledges and agrees that service upon its designated agent shall

have the same effect as though the Contractor were actually and personally served within the state

of New Mexico.

32. SURVIVAL

The provisions of following paragraphs shall survive termination of this Contract;

INDEMNIFICATION; RECORDS AND INSPECTION; RELEASE, CONFIDENTIALITY,

PUBLICATION, REPRODUCTION, AND USE OF MATERIAL; COPYRIGHT; COMPLIANCE

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WITH APPLICABLE LAW; CHOICE OF LAW; NO THIRD-PARTY BENEFICIARIES;

SURVIVAL.

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IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the date first

written above.

SANTA FE COUNTY

___________________________ _____________

Gregory S. Shaffer Date

Santa Fe County Manager

Approved as to form

___________________________ _____________

Jeff Young Date

Santa Fe County Attorney

CONTRACTOR:

___________________________ ____________

Signature Date

____________________________

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