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City of Albuquerque

Request for Proposals

Solicitation Number: RFP05-019-SV

“Property Management Services”

Mandatory Prep-Proposal Conference: 26 January 2005 10:00 a.m.[MST]

Proposal Due Date: 14 February 2005 - NLT 4:00 p.m. (MST) The time and date proposals are due shall be strictly observed.

City of Albuquerque Department of Finance and Administrative Services

Purchasing Division 01/05/05

RFP05-019-SV: "Property Management Services” 2

TABLE OF CONTENTS Page Introduction 3 Part 1 Instructions to Offerors 5 Part 2 Proposal Format 14 Part 3 Scope of Services 17 Part 4 Evaluation of Offers 37 Part 5 Proposed Contract 40 Part 6 Local Preference Form Instructions 57 Local Preference Form 58 Part 7 City of Albuquerque, New Mexico, Affordable 59 Housing Projects Refunding Revenue Bonds, Series 2000 Information Appendix Cost Proposal Forms (Examples) A-1 thru A-3


INTRODUCTION Purpose and Intent The purpose of this Request for Proposals (RFP) is to identify and solicit offers from firms able to provide the full range of professional property management services, including construction management, required to administer the City’s mixed, low-moderate income multi-family housing developments. The Contractor may be asked to provide consulting services needed by the City acquisition and development of new projects. Background The Department of Family and Community Services has assembled a portfolio of apartment complexes (totaling 504 units) to provide affordable rental housing. The properties are:

1. Beach Apartments, 2525 Tingley Drive, SW 74 units (efficiencies, 1-1, 2-2, 3-2)

2. Candelaria Gardens, 820 Candelaria, NW 16 units (2-1)

3. Glorieta Apartments, 115, 119, 123, & 127 Glorieta NE 20 units (2-1)

4. Manzano Vista, 300 Dorado Place, SE 178 units (1-1, 2-2, 3-1.5)

5. Santa Barbara, 1420 Edith, NE 8 units, senior housing (1-1)

6. Tucson Apartments, 5401 & 5405 Tucson, NW 8 units (2-1)

7. Bluewater Village Apartments, 6600 Bluewater RD. NW 200 units ( 1-1, 2-1, 3-2, 4-2)

More detailed property descriptions, and the current annual budgets, are provided at the end of the “Scope of Services” Section, on pages 23-36. Three properties, the Beach, Manzano Vista and Bluewater Village are financed from the sale of City of Albuquerque, New Mexico, Affordable Housing Projects Refunding Revenue Bonds, Series 2000 and require specific actions by the property management company. The other four properties were acquired outright. All of the properties generate sufficient revenues to cover their expenses, debt service (where applicable) and capital improvements. Market rate rents are calculated for all units, and a rent writedown based on tenant income is provided for the affordable units. Affordable units constitute approximately one third of total units, with this percentage varying from property to property. The City prefers mixed income apartment communities.


The Contractor selected through this process with serve as the property manager, with an onsite presence required at the three large complexes. The work of the contractor selected through this RFP process will be supervised by the staff of DFCS. City staff are responsible for working with the Contractor on procedures, policies, and rules for the operation of the properties, and the Contractor is responsible for implementing such policies and rules. The Contractor is expected to take a proactive approach in its relationship with City staff to facilitate the adoption of state-of-the-art management practices.

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PART 1 INSTRUCTIONS TO OFFERORS

1.1 RFP Number and Title: RFP05-019-SV, “Property Management Services 1.2 Proposal Due Date: 14 February 2005 - NLT 4:00 PM (MST) The time and date proposals are due shall be strictly observed.

1.2.1 Mandatory Pre-Proposal Conference. This is a mandatory pre-proposal conference. Failure to attend by an authorized representative of the offeror will result in the rejection of any subsequent offer submitted. In the case of a joint venture, the attendance by any authorized representative of any of the parties to the joint venture will satisfy this requirement. The City shall have in attendance key personal to answer questions or discuss issues that may arise. Questions should be prepared prior to the conference and a copy of such questions submitted to the purchasing representative on the day of the conference. 1.2.2 Mandatory Pre-Proposal Conference Time, Date and Location. Time/Date: 10:00 am (MST) 26 January 2005 Location: Old City Hall 400 Marquette, NW 5th Floor Family and Community Services Main Conference Room #504 Albuquerque, New Mexico 87102

1.3 Purchasing Office: This RFP is issued on behalf of the City of Albuquerque by the

Purchasing Office, which is the sole point of contact during the entire procurement process. 1.4 Authority: Chapter V, Article V of the Revised Public Purchases Ordinance of the City of Albuquerque, 1994, ("Public Purchases Ordinance"). The City Council, pursuant to Article 1 of the Charter of the 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 local self-government. To that end, it is intended that this ordinance shall govern all purchasing transactions of the City and shall serve to exempt the City from all provisions of the New Mexico Procurement Code, as provided in Section 13-1-98K, NMSA 1978. 1.5 Acceptance of Offer: Acceptance of Offer is contingent upon offeror's certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the following:

1.5.1 City Public Purchases Ordinance

1.5.2 City Purchasing Rules and Regulations: City of Albuquerque Purchasing Rules and Regulations: These Rules and Regulations (hereinafter "Regulations") are written to clarify and implement the provisions of the Public Purchases Ordinance. These Regulations


establish policies, procedures, and guidelines relating to the procurement, management, control, and disposal of goods, services, and construction, as applicable, under the authority of the Ordinance.

1.5.3 Civil Rights Compliance: Acceptance of offer is contingent upon the offeror's certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the Albuquerque Human Rights Ordinance, the New Mexico Human Rights Act, Title VII of the U.S. Civil Rights Act of 1964, as amended, and all federal statutes and executive orders, New Mexico statutes and City of Albuquerque ordinances relating to the enforcement of civil rights. Offeror additionally certifies to abide by and cooperate in the implementation of the policies and practices set forth in the City Affirmative Action Plan. Questions regarding civil rights or affirmative action compliance requirements should be directed to the City of Albuquerque Human Rights Division, Community Services Department.

1.5.4 Americans with Disabilities Act Compliance: Offeror certifies and agrees, by submittal of its offer, to comply and act in accordance with all applicable provisions of the Americans with Disabilities Act of 1990 and Federal regulations promulgated there under. 1.5.5 Insurance and Bonding Compliance: Acceptance of offer is contingent upon offeror's ability to comply with the insurance requirements as stated herein. Please include a copy(s) of such certification or statement of compliance in your proposal. 1.5.6 Ethics:

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

1.5.6.2 Conflict of Interest. The Offeror warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the contract resulting 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 decision relating to this RFP and the resulting Agreement, currently has, or will have in the future, a personal or pecuniary interest in the Offeror’s business.

1.5.7 Participation/Offeror Preparation: Offeror may not use the consultation or assistance of any person, firm company who has participated in whole or in part in the writing of these Specifications or Scope of Services, for the preparation of their offer or in the management of business if awarded this contract.


1.5.8 Debarment or Ineligibility Compliance: By submitting its offer in response to this RFP, the Offeror certifies that (i) it has not been debarred or otherwise found ineligible to receive funds by 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; and (ii) should any notice of debarment, suspension, ineligibility or exclusion be received by the Offeror, the Offeror will notify the City immediately.

1.5.9 Goods Produced Under Decent Working Conditions. It is the policy of the City not to purchase, lease, or rent goods for use or for resale at City owned enterprises that were produced under sweatshop conditions. The Offeror certifies, by submittal of its offer in response to this solicitation, that the goods offered to the City were produced under decent working conditions. The City defines �under decent working conditions� as production in a factory in which child labor and forced labor are not employed; in which adequate wages and benefits are paid to workers,; in which workers are not required to work more than 48 hours per 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 working conditions and can participate in and form unions. [Council bill No. M-8, Enactment No. 9-1998]

1.6 City Contact: The sole point of contact for this Request for Proposals is the City of Albuquerque Purchasing Division. Contact the following individual(s) regarding this RFP:

• Sandra Vescovi, Contract Section Supervisor, Department of Finance and Administrative Services, Purchasing Division,

• Phone: (505) 768-3341 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 Department of Family and Community Services, Community Development Division. 1.8 Clarification: Any explanation desired by an offeror regarding the meaning or interpretation of this Request For Proposals must be requested in writing not less than ten (10) working days prior to the hour and date specified for the receipt of offers to allow sufficient time for a reply to reach offerors before the submission of their offers. All inquiries must be directed to the Purchasing Office as stated herein. Oral explanations or instructions given before the award of the contract will not be binding. Any information given to a prospective offeror concerning this Request For Proposals, will be furnished to all prospective offerors as an amendment of this Request for Proposals, if such information is necessary to offerors in submitting offers on this Request For Proposals or if the lack of such information would be prejudicial to uninformed offerors. (Oral explanations or instructions given prior to award at any time are not binding.) 1.9 Submission of Offers: The offeror's sealed proposal must be in the format outlined in Part 2 of this proposal and mailed or delivered pursuant to the following requirements:

1.9.1 Envelope preparation. Offers and modifications thereof shall be enclosed in sealed


envelopes and have the following identifying information on the outside:

1.9.1.1 Name and address of offeror 1.9.1.2 Closing Date and Time 1.9.1.3 Request for Proposal Number 1.9.1.4 Title of Procurement

1.9.2 Ship, Deliver or Hand Carry Sealed Offers to: The Office of the City Clerk, City /County Government Center 11th Floor, One Civic Plaza, Albuquerque, New Mexico 87102. Mark all packages as stated above.

1.9.3 Mail Sealed Responses to: Office of the City Clerk, Post Office Box 1293, Albuquerque, New Mexico 87103. (Certified Mail is recommended). The City shall not be responsible for the failure of mailed offers to actually be received by the Office of the City Clerk by 4:00 of the day of closing.

Note: The City picks up mail at the post office once every morning at 7:00 AM (Local Time). Note: ALL SEALED PROPOSALS MUST BE RECEIVED BY THE OFFICE OF THE CITY CLERK NO LATER THAN 4:00 PM, LOCAL TIME AS RECORDED IN THE CITY CLERK'S OFFICE.

1.9.4 No other methods of offer delivery: Neither telephone, facsimile, electronic, nor telegraphic offers shall be accepted.

1.9.5 Submit 1 original and 7 copies of your Technical Proposal. Submit 1 original and 1 copy of your Cost Proposal.

1.9.6 Modification: Offers may be modified or withdrawn by written notice provided such notice is received prior to the hour and date specified for receipt of offers.

1.9.7 Failure to Submit Offer: If no offer is to be submitted, the recipient shall not return the Request For Proposals.

1.10 Receipt of Proposals: The only acceptable evidence to establish the time of receipt of proposals at the City Clerk's Office is the time-date stamp of such office on the proposal wrapper or other documentary evidence of receipt maintained by the office. 1.11 Acknowledgment of Amendments To the Request For Proposals: Receipt of an amendment to the Request For Proposals by an offeror must be acknowledged (a) by signing and returning the amendment, or (b) by letter. Such acknowledgment may be submitted with your offer. Such acknowledgment must be received prior to the hour and date specified for receipt of offers. 1.12 Modifications to Scope of Work: In the event that sufficient funds do not become available to complete each task in the scope of work, the scope of work may be amended, based upon the cost breakdown required in the cost proposal.


1.13 Draft Contract: A copy of the proposed Contract to be entered into is attached. Please state that you accept the terms and conditions of the Contract, or note exceptions. 1.14 Evaluation period: The City reserves the right to analyze, examine and interpret any offer for a period of ninety (90) days after the hour and date specified for the receipt of offers. 1.15 Evaluation Assistance: The City of Albuquerque, in evaluating proposals, reserves the right to use any assistance deemed advisable, including City contractors and consultants. 1.16 Rejection and Waiver: The City reserves the right to reject any or all offers and to waive informalities and minor irregularities in offers received. 1.17 Debarment of Offeror: Any proposal received from an Offeror that is, at the time of submitting its proposal or prior to receipt of award of a contract, debarred by or otherwise ineligible to receive funds from any agency of the State of New Mexico, any local public body of the State, or any state of the United States, shall be rejected. 1.18 Award of Contract:

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

1.18.2 Award: If a contract is awarded, it shall be awarded to the responsive and responsible Offeror whose offer conforming to the Request for Proposals will be most advantageous to the city as set forth in the Evaluation Criteria.

1.18.3 Contract Term: The contract term shall be for a period of one (1) year from the date of execution of the contract by the Chief Administrative Officer of the City of Albuquerque with four (4) one (1) year options to renew based on overall performance, occupancy and enforcement of regulations. This contract term may be further extended for two (2) years by mutual agreement between the City and the contractor.

1.18.4 Type of Contract: Firm fixed price.

1.18.5 Debarment/Cancellation of Agreement: Upon receipt of notice of debarment of an Offeror awarded a contract as a result of this RFP (the “Contractor”), or other ineligibility of the Contractor to 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, the City shall have the right to cancel the contract with the Contractor for cause as provided in accordance with the terms of said contract. 1.18.6 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 of Contractor to comply with this requirement may result in cancellation of the contract resulting from this RFP .


I.19 Cancellation: This Request for Proposals may be canceled and any and all proposals may be rejected in whole or in part when it is in the best interest of the City. 1.20 Negotiations: Negotiations may be conducted with the offeror(s) recommended for award of contract. 1.21 City-Furnished Property: No material, labor, or facilities will be furnished by the City unless otherwise provided for in the Request for Proposals. 1.22 Proprietary Data: This Request for Proposals shall be open to public inspection after award of contract, except to the extent the offeror designates trade secrets or other proprietary data to be confidential. Material so designated shall accompany the proposal and each page shall be clearly marked and readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. Prices and makes and models or catalog numbers of the items offered, deliveries, and terms of payment shall be publicly available regardless of any designation to the contrary. The City of Albuquerque will endeavor to restrict distribution of the material designated as confidential or proprietary to only those individuals involved in the review and analysis of the proposals. Offerors are cautioned that materials designated as confidential may nevertheless be subject to disclosure under the New Mexico Inspection of Public Records Act (Sections 14-2-1 et seq, NMSA 1978). 1.23 Local and Resident Preference: A preference for local and state businesses is available under the City of Albuquerque Public Purchases Ordinance, for this procurement (Part 6). If a completed Local Preference Certification Form, or a current and correct Resident Preference Number, or evidence to indicate that a company is a manufacturer (if applicable), is not received with the offeror's response a preference will not be applied for that offer. The Form, the Number, or other evidence will not be accepted after the deadline for receipt of proposals. For those offerors qualifying for the preference, a 1.05 multiplier will be applied to the total raw score. Only one preference will apply for this procurement. Local Preference supersedes all other preferences. 1.24 REQUEST FOR PROPOSALS (RFP) PROTEST PROCESS:

1.24.1 When: If the protest concerns the specifications for a competitive solicitation or other matters pertaining to the solicitation documents, it must be received by the Purchasing Officer no later than ten (working) days prior to the deadline for the receipt of offers.

1.24.2 Recommendation of Award: If the protest concerns other matters relating to this solicitation, the protest must be filed within ten (working) days after the receipt of notice of the Recommendation of Award.

1.24.3 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 Purchasing Officer may waive the deadline for good cause, including a delay caused by the fault of the City. Late delivery by the U.S. Postal Service or other carrier shall not be considered good cause.


1.24.4 How to File: The protest shall be addressed to the Purchasing Officer, must be submitted in written form and must be legible. Protests may be hand-delivered or mailed. Facsimile, telephonic, telegraphic or electronic protests will not be accepted.

1.24.5 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.

1.24.6 Address Letters and Envelopes as Follows:

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

1.24.7 Protest Response by Purchasing Officer. All protests will be responded to by the Purchasing Officer upon evaluation. The Purchasing Officer will, after evaluation of a protest, issue a response. Only the issues outlined in the written protest will be considered by the Purchasing Officer.

1.24.8 Protest Hearing: If a hearing is requested, the request must be included in the protest 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 will be considered by the Purchasing Officer, or may be raised at a protest hearing. The granting of a hearing shall be at the discretion of the Purchasing Officer following review of the request.

1.25 BONDS and INSURANCE:

1.25.1 General Conditions: The City will require that the successful Offeror, referred to as the Contractor, procure and maintain at its expense during the term of the contract (agreement) resulting from the RFP, insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of New Mexico, covering all operations of the Contractor under the contract. Upon execution of the contract (agreement) and on the renewal of all coverage, the Contractor shall furnish to the City a certificate or certificates in form satisfactory to the City showing that it has complied with these insurance requirements. All certificates of insurance shall provide that thirty (30) days written notice be given to the Risk Manager, 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. The City shall be named an additional insured for all coverages and the coverages afforded shall be primary with respect to operations provided. 1.25.2 Approval of Insurance: Even though the Contractor may have been given notice to proceed, it shall not begin any work under the agreement until the required insurance has been obtained and the proper certificates (or policies) filed with the City. Neither approval nor failure to disapprove certificates, policies, or the insurance by the City shall relieve the Contractor of full responsibility to maintain the required insurance in full force and effect. If part of the contract is sublet, the Contractor shall include any or all subcontractors in its insurance policies, or require the subcontractor to secure insurance to protect itself against all hazards enumerated herein, which are not covered by the Contractor's insurance policies.

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

1.25.3.1 Commercial General Liability Insurance. A Commercial general liability insurance policy with 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 the Contractor and contractual liability coverage shall specifically insure the hold harmless provisions of this contract (agreement).

1.25.3.2 Automobile Liability Insurance. A comprehensive automobile liability insurance policy with liability limits in amounts not less than $1,000,000 combined single limit of liability for bodily injury, including death, and property damage in any one 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.

1.25.3.3 Workers' Compensation Insurance. Workers' compensation insurance

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

1.25.3.4 Property Insurance. The City will inform the Contractor of insurance to

be carried with respect to the Properties and their operations, and the


Contractor will cause such insurance to be placed and kept in effect at all times. The Contractor will pay premiums out of the Property Management Trust Account, and premiums will be treated as Property Expenses. All insurance will be placed with such companies, on such conditions, in such amounts, and with such beneficial interests appearing thereon as shall be acceptable to the City, and shall be otherwise in conformity with the mortgage or indenture of trust; provided that the same will include public liability coverage, with the Contractor designated as one of the insured, in amounts acceptable to the Contractor as well as the City.

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

1.25.5 Bond Requirements: The City of Albuquerque, New Mexico, Affordable Housing

Projects Refunding Revenue Bonds, Series 2000, requires specific transfer procedures to be followed with regard to bank accounts set up with the Trustee. See Bond information in Part 7 of this document.



PART 2 PROPOSAL FORMAT

2.1 Technical Proposal Format, Section One

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

2.1.2 Experience:

2.1.2.1 Current Experience. State relevant property management experience of the company and person(s) who will be actively engaged in the proposed project, including experience of subcontractors. Submit Résumé's for the individuals who will be performing the services for the City. Submit a copy of current New Mexico Brokers License.

2.1.2.2 Past Experience. Describe a minimum of three (3) projects of similar scope and size, 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 must be for work performed in the past three to five (3 to 5) years. State relevant experience with other municipalities or government entities.

2.1.2.2.1 List all public and private multi-family residential, market rate

and subsidized properties managed by your company, including location, size, brief property description, and types of financing, subsidies, and regulatory agencies involved.

2.1.2.2.2 Describe your company’s experience with public sponsors or

owners. Describe the projects and the type of organization you worked with.

2.1.2.2.3 List and explain the status of any properties you manage that are

in default or foreclosure or on the “watch list” of any funder or lender.

2.1.2.2.4 Describe your company’s fair housing policies. List and explain

the status of any properties you manage or have managed in the past that have been the subject of any legal action claiming discrimination on the basis of reliance on government subsidy, race, color, religion, gender, sexual preference, sexual orientation,


age, national origin or ancestry, physical or mental handicap, disability, or Vietnam era or disabled veteran status.

2.1.2.2.5 Attach current financial statements prepared by an independent

certified public accountant. 2.1.2.2.6 Describe your company’s construction management experience,

including examples of the type and dollar amount of projects supervised.

2.1.2.2.7 Describe your company’s brokerage and consulting experience,

especially for development of new single and multi-family housing projects and acquisition of existing properties.

2.1.2.2.8 Describe your company’s experience with the Crime Free Multi-

Housing Program.

2.1.2.2.9 Describe any citations by the City of Albuquerque Safe Cities Task Force and how your company addressed the issues.

2.1.2.2.10 Describe your company’s experience with the administrative

tasks associated with projects funded by revenue bonds.

2.1.3 Proposed Approach to Tasks: Discuss fully your proposed approach to each of the tasks described in Part 3, Scope of Services. Use charts to illustrate the number of hours dedicated 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 Summary: Describe individual staff and subcontractor's responsibilities with lines of authority and interface with the City of Albuquerque staff. Describe resources to be drawn from in order to complete tasks.

2.2 Cost Proposal Format, Section Two: The Offeror must submit its fee proposal for the property management services following the format shown in Appendix A. Each proposal must include:

2.2.1 A Management Fee to be paid annually for the first year of the agreement as well

as any renewal periods. The fee must be shown for each property. This fee may be a based on a percentage of total income from operation or on a per apartment unit basis, or a combination of the two. A per apartment unit fee should identify any difference in cost between occupied and non-occupied apartments.

2.2.2 A detailed listing of any annual costs included in the Management Fee should be

included on a separate sheet. For the purpose of this contract, the Management Fee shall include the cost of off-site corporate building management and administrative personnel, all overhead and profit, and all administrative expenses


including payroll processing cost, auditing, accounting, reporting or other requirements. The Offeror should understand that the City will not pay any amount not included, which is identified separately as insurance or taxes of any kind; that liability for such items, remains with the Offeror, and that the proposed price quoted must include any such costs (including all applicable taxes) the Offeror wishes to have included in the transaction which must be described therein.

2.2.3 A separate fee proposal and detailed explanation for Construction Management

costs for the services as described in Part 3, Scope of Services, Section 3.3, “Construction Management”. The fee should be based on a percentage of the cost of work performed using the proposed fee schedule format in Appendix A.

2.2.4 A separate sheet detailing the cost of Construction Management Services broken

down by general types of services provided in the Scope of Services. This might include but not be limited to hours by category, hourly rates, and total labor broken out by professional and other labor. Rates are to include all overhead and profit.

2.2.5 A separate fee proposal for Consulting and Brokerage Services as described in

Part 3, Scope of Services, Section 3.4, “Consulting and Brokerage Services” broken down by general types of services. No particular fee format is required. This might include but not be limited to:

2.2.5.1 Hours by category, hourly rates, and total labor broken out by the disciplines

listed below. Rates are to include all overhead and profit. 2.2.5.2 Subcontract costs, if applicable, and additional consulting beyond the scope

of the described tasks (if requested). Disciplines for which hourly rates are requested: Market Researcher Financial Analyst Architect Engineer (Civil, Electrical, Mechanical, Environmental) Appraiser Broker (sales and leasing) Building Inspector Surveyor Computer Professional Clerk


PART 3 SCOPE OF SERVICES

3.1 The Contractor selected through this process will serve as the property manager for the affordable housing portfolio administered by the City’s Department of Family and Community Services. An on-site presence is required at the three larger complexes. The work of the Contractor selected through this RFP process will be supervised by the staff of DFCS, who are responsible for working with the contractor on procedures, policies, and rules for the operation of the properties. The Contractor is responsible for implementing such policies and rules. The contractor is expected to take a proactive approach in its relationship with City staff to facilitate the adoption of state-of-the-art management practices. The Scope of Services includes the following: 3.2 Management Plan. The management plan should address the following components:

3.2.1 Marketing

3.2.1.1 Prepare marketing plans for the properties and carry out all activities prescribed in the plan. Marketing strategies will be tailored to attract the appropriate mix of Subsidized tenants paying market rate rents. The Contractor shall pay special attention to equal housing issues and conform to the affirmative Fair Housing Marketing Plan.

3.2.1.2 Show, offer for rent and lease apartments and all other areas (e.g., garages,

storage areas) available for rent on a monthly basis.

3.2.1.3 Prepare “lease-up” plans and manage this process where appropriate.

3.2.1.4 Define and follow tenant selection and screening processes, in accordance with City’s Affordable Housing program.

3.2.1.5 Prepare detailed “move-in” package including leases, lease addenda,

asbestos and lead paint disclosures, liability waivers and all other information needed by resident upon move in and require by the City.

3.2.1.6 Maintain a “market orientation” rather than a “low income housing”

orientation at all sites.

3.2.1.7 Develop and implement a strategy for drug and crime free housing at all properties, including credit/criminal background checks, resident communication programs, watch lists for unauthorized personnel, tracking of police reports, appropriate security, zero tolerance of lease violations and where required, achieve and maintain certification with the Crime Free Multi-Housing Program.


3.2.2 Planning and Reporting

3.2.2.1 Prepare and submit for City approval a full Institute of Real Estate Management formatted management plan for the properties at the commencement of the contact period.

3.2.2.2 Prepare and submit for City Approval operating budgets for each property

on an annual basis. Such budgets shall include scheduled replacements and capital improvement plans and budget.

3.2.2.3 An annual financial audit shall be conducted, once final numbers are

determined for the fiscal year ending June 30, and completed by October 1 each year. The audit shall include all seven properties and shall be conducted by an external Certified Public Accounting firm determined by the City. Audit costs are to be paid for by the Contractor and should be included in this proposal.

3.2.2.4 Prepare and submit on a monthly basis the following reports.

3.2.2.4.1 Balance Sheet: including a full accounting of all reserve and

defect accounts involved with each project. This is done in coordination with the trustee who holds the program funds for the City. Accounts include: • Operating account • Separate Security Deposit account • Operating and Management Reserve account (trustee has

established separate account for future needs each property) • Property Defect account (for specified capital improvements

projects) • Housing Trust Fund Distribution (“net” receipts for the purpose

of affordable housing development) • Asset Management Free/Family and Community Services

Department Administration Fee of 1.5% of net revenues (for the purposes of offsetting the overhead costs generated by the program for the City)

• Bond Payments including principal, interest, insurance escrow and trust service fees.

3.2.2.5 Monthly Budget Comparison Report: Compare monthly and annual line

item budget to actual figures with identification of variance amounts and percentage. The report should include a summary page with information by major budget category.

3.2.2.6 Budget Variance Narrative: Explains each significant budget variance.

3.2.2.7 Monthly Narrative: Summarize turnover data for each property, rent


delinquency, staffing and training issues, general management company procedures, occupancy information, police call reports and capital improvements.

3.2.2.8 Detailed twelve month Income Statement.

3.2.2.9 Bank reconciliation for all accounts under Management Company’s

control.

3.2.2.10 Check register for all amounts paid during the month.

3.2.2.11 Tenant directory showing payment status of all residents and status of delinquent accounts.

3.2.2.12 General ledger for all accounts in an electronic format. 3.2.2.13 Prepare annual statements certified by the person preparing them for

City’s further certification and submittal to various regulatory agencies.

3.2.3 Affordable Housing Program Administration

3.2.3.1 Update and maintain Affordable Housing Program Manual in accordance with specifications provided by City.

3.2.3.2 Set up and maintain a database of prospects for the affordable housing

program.

3.2.3.3 Perform initial qualification on all applicants to the database.

3.2.3.4 Sort database by unit type desired, property desired, qualified, not qualified and housed.

3.2.3.5 When affordable units come on notice provide site manager with list of all

qualified applicants.

3.2.3.6 Monitor mailings and responses with assistance of site staff to help house first qualified respondent.

3.2.3.7 Produce and mail a quarterly newsletter to approximately 500

organizations that could refer prospects that would qualify for the affordable house program.

3.2.3.8 Maintain record of all database transactions for reference for by auditors.

3.2.3.9 Follow all policies, rules, and guidelines as outlined in the Resolution

Trust Corporation land use restriction agreements, the Affordable Housing


Policy of the City of Albuquerque and all other agencies which may by involved.

3.2.3.10 Provide sales and marketing services for the City’s Home Ownership Programs, if requested.

3.2.4 Maintenance

3.2.4.1 The properties must be maintained in clean and good repair condition to the City’s approval.

3.2.4.2 Prepare and follow a preventive maintenance schedule or plan.

3.2.4.3 Provide 24 hour emergency maintenance.

3.2.4.4 Prompt response to service requests required.

3.2.4.5 Written owner approval required for expenditures over $5,000.

3.2.4.6 Projects requiring the expenditure of more than $7,500 require three bona-

fide bids as well as written owner approval.

3.2.4.7 The properties must comply with the City’s Water Conservation Landscaping and Water Waste Ordinance.

3.2.5 Staffing

3.2.5.1 The Contractor will provide for all necessary staff.

3.2.5.2 Set staffing levels in accordance with budgetary restrictions.

3.2.5.3 Set job descriptions.

3.2.5.4 Hire qualified staff.

3.2.5.5 Manage, supervise, compensate, counsel, train and terminate employees as

appropriate.

3.2.5.6 Maintain all payroll records including tax withholding as required by law.

3.2.5.7 Establish an equal opportunity employment policy and which provides maximum opportunity to property residents.

3.2.6 General/Other Property Management


3.2.6.1 Encourage and assist residents to form and maintain representative organizations to promote their common interest (e.g., crime watch).

3.2.6.2 Ensure that all properties are properly insured at all times in com0pliance

with the management contract.

3.2.6.3 Comply with all Civil Rights Laws.

3.2.6.4 Establish and maintain all appropriate records as required.

3.2.6.5 Provide necessary information to and coordinate with the Trustee.

3.2.6.6 Prepare and enforce dwelling leases.

3.2.6.7 Provide on-site security at two of the complexes and drive-through at the other five complexes.

3.3 Construction Management. The services noted below are provided on larger work projects that are not normally handled by the site staff and include but are not limited to roofing, asphalt, concrete, exterior painting, major plumbing, major electrical, major interior rehab, and handicapped accessibility as required by the Americans with Disabilities Act.

3.3.1 Provide expertise to oversee large capital improvement

projects, including:

3.3.2 Drawing Specifications.

3.3.3 Obtaining permits where required.

3.3.4 Bidding work.

3.3.5 Overseeing construction work by contractors or employees.

3.3.6 Approval of payments. 3.4 Consulting and Brokerage Services

3.4.1 The Contractor may be asked to provide qualified personnel to address residential and commercial real estate consulting and brokerage services including but not limited to:

3.4.1.1 Advice and information on acquisitions, development practices,

current market conditions, competitive rental rates, appropriate levels of service, management practice, and selection of local contractors/subcontractors.


3.4.1.2 Prepare pro-forma statements for development and acquisitions.

3.4.1.3 Assist City in evaluation market acceptability of development and acquisition plans.

3.4.1.4 At City’s option, serve as the City’s broker for property

acquisitions.

3.4.1.5 At City’s option, provide environmental assessment services.

3.4.1.6 Other Consulting services as requested by the city.



Property Descriptions and Proposed 2004 Budgets

Project Name: THE BEACH APARTMENTS

Address: 2525 Tingley SE

Number of Units: 74 (26 units are affordable) On site management office and equipment provided.

Unit Type/Mix:

4 - A – Efficiency 9 – B - Efficiency 4 – C - 1 Bedroom + 1 Bath 4 – D - 1 Bedroom + 1 Bath 32 – F – 2 Bedroom + 2 Bath 17 – G – 2 Bedroom + 2 Bath 2 – H – 3 Bedroom + 2 Bath 2 – J – 3 Bedroom + 2 Bath

Building Type: Three story Wood Frame Stucco Exterior

Number of Buildings: 1

Parking: Garages Attached, Garages Detached Uncovered

Amenities: Wash/dryer In Every Unit Fireplace (some plans) Walk-in-Closets Private Patio/Balcony Frost Free Refrigerator w/Ice Maker Gas Stove/Heat Disposal Clerestory Windows (some units)

Flooring: Carpet/Vinyl

Common Amenities: Pool

HVAC System: Heat Pumps

Utilities: Water/Sewer- Paid by Owner Gas- None Electric- Individual Meter


THE BEACH APARTMENTS PROPOSED 2005 BUDGET

INCOME TOTAL PER UNIT Rental Income $ 413,230.00 5584Other Income $ 19,781.00 267 TOTAL INCOME $ 433,011.00 5852 ADMINISTRATIVE FEE (1.5%) $ 6,488.00 88 OPERATING EXPENSES Salaries $ 60,241.00 814Advertising $ 12,149.00 164Operating/Maintenance $ 56,522.00 764Management Fees $ 25,951.00 351General & Administrative $ 26,413.00 357Utilities $ 26,482.00 358Taxes/Insurance $ 19,089.00 258Scheduled Replacements $ 38,150.00 516 TOTAL OPERATING EXPENSE $ 271,485.00 3669 NET OPERATING INCOME $ 161,526.00 OTHER EXPENSES Other Debt Service $ 66,624.00 TOTAL OTHER EXPENSES $ 66,624.00 Cash Flow $ 94,902.00 Depreciation Distributions $ 65,648.00 NET CASH FLOW $ 29,254.00


Project Name: CANDELARIA GARDENS

Address: 820 Candelaria, NE

Albuquerque, NM 87107

Number of Units: 16 (2 units are Section 8 and 6 units are affordable)

Unit Type/Mix:

16 – 2 Bedroom + 1 Bath

Building Type: Two Story Wood Frame Stucco Exterior

Number of Buildings: Two, Attached by Upstairs Deck

Parking: Uncovered

Amenities: Frost Free Refrigerator Gas Stove/Heat Disposal Washer/Dryer Hookups in all Units


Common Amenities: None

HVAC System: Evaporative Coolers Forced Air Heat

Utilities: Water/Sewer- Paid by Owner Gas- Individual Meters Electric- Individual Meters


CANDELARIA GARDENS PROPOSED 2005 BUDGET

INCOME TOTAL PER UNIT Rental Income $ 69,264.00 4329Other Income $ 4,335.00 271 TOTAL INCOME $ 73,599.00 4600 ADMINISTRATIVE FEE (1.5%) $ 1,092.00 68 OPERATING EXPENSES Salaries $ 7,032.00 440Advertising $ 2,150.00 134Operating/Maintenance $ 23,454.00 1466Management Fees $ 7,547.00 472General & Administrative $ 3,800.00 238Utilities $ 7,873.00 492Taxes/Insurance $ 3,014.00 188Scheduled Replacements $ 8,975.00 561 TOTAL OPERATING EXPENSE $ 64,937.00 4059 NET OPERATING INCOME $ 8,662.00 OTHER EXPENSES Other Debt Service TOTAL OTHER EXPENSES $ - Cash Flow $ 8,662.00 Depreciation Distributions $ 7,200.00 NET CASH FLOW $ 1,462.00


Project Name: GLORIETA APARTMETNS

Address: 115, 119, 123, & 127 Glorieta NE


Number of Units: 20 (16 units are affordable)

Unit Type/Mix:


Building Type: Single Story Wood Frame Stucco Exterior

Number of Buildings: 4

Parking: Uncovered

Amenities: Frost Free Refrigerator Gas Stove/Heat Disposal


Common Amenities: None HVAC System: Evaporative Coolers

Forced Air Heat

Utilities: Water/ Sewer- Paid by Owner Gas- Paid by Owner Electric- Individual Meters


GLORIETA

PROPOSED 2005 BUDGET INCOME TOTAL PER UNIT Rental Income $ 79,640.00 3982Other Income $ 4,120.00 206 TOTAL INCOME $ 83,760.00 4188 ADMINISTRATIVE FEE (1.5%) $ 1,256.00 63 OPERATING EXPENSES Salaries $ 10,980.00 549Advertising $ 8,250.00 413Operating/Maintenance $ 21,035.00 1052Management Fees $ 10,289.00 514General & Administrative $ 4,705.00 235Utilities $ 10,508.00 525Taxes/Insurance $ 3,961.00 198Scheduled Replacements $ 6,910.00 346 TOTAL OPERATING EXPENSE $ 77,894.00 3895 NET OPERATING INCOME $ 5,866.00 OTHER EXPENSES Other Debt Service TOTAL OTHER EXPENSES $ - Cash Flow $ 5,866.00 Depreciation Distributions $ 4,800.00 NET CASH FLOW $ 1,066.00


Project Name: MANZANO VISTA

Address: 300 Dorado Place, SE


Number of Units: 178 (45 units are Section 8 and 44 units are affordable) On site management office and equipment provided.

Unit Type/Mix:

25 – 1 Bedroom + 1 Bath 104 – 2 Bedroom + 2 Bath – Townhouse 50 – 3 Bedroom + 1.5 Bath – Townhouse

Building Type: Two Story Concrete Block & Wood Frame Block & Stucco Exterior

Number of Buildings: 25 + Office/Clubhouse

Parking: Uncovered

Amenities: Private Yard (2 & 3 Bedrooms) Frost Free Refrigerator Gas Stove/Heat Disposal

Flooring: Carpet/ Vinyl

Common Amenities: Pool Basketball Court Laundry Room

HVAC System: Refrigerated Air Forced Air Heat

Utilities: Water/Sewer- Paid by Owner Gas- Paid by Owner Electric- Paid by Owner


MONZANO VISTA PROPOSED 2005 BUDGET

INCOME TOTAL PER UNIT Rental Income $ 965,460.00 5424Other Income $ 128,032.00 719 TOTAL INCOME $ 1,093,492.00 6143 ADMINISTRATIVE FEE (1.5%) $ 16,397.00 92 OPERATING EXPENSES Salaries $ 152,498.00 857Advertising $ 23,276.00 131Operating/Maintenance $ 139,850.00 786Management Fees $ 54,656.00 307General & Administrative $ 39,513.00 222Utilities $ 240,477.00 1351Taxes/Insurance $ 53,878.00 303Scheduled Replacements $ 46,550.00 262 TOTAL OPERATING EXPENSE $ 767,095.00 4310 NET OPERATING INCOME $ 326,397.00 OTHER EXPENSES Other Debt Service $ 133,248.00 TOTAL OTHER EXPENSES $ 133,248.00 Cash Flow $ 193,149.00 Depreciation Distributions $ 131,296.00 NET CASH FLOW $ 61,853.00


Project Name: SANTA BARBARA

Address: 1420 Edith, NE


Number of Units: 8 (all units are affordable)

Unit Type/Mix:


Building Type: One Story Wood Frame Stucco Exterior

Number of Buildings: One with Office Space & Community Room Attached

Parking: Uncovered

Amenities: Frost Free Refrigerator Electrical Range Disposal


Common Amenities: Community Room Laundry Room

HVAC System: Evaporative Coolers Baseboard Heat

Utilities: Water/Sewer- Paid by Owner Gas- None Electric- Individual Meters


SANTA BARBARA PROPOSED 2005 BUDGET

INCOME TOTAL PER UNIT Rental Income $ 41,898.00 5237Other Income $ 487.00 61 TOTAL INCOME $ 42,385.00 5298 ADMINISTRATIVE FEE (1.5%) $ 634.00 79 OPERATING EXPENSES Salaries $ 7,618.00 952Advertising $ - 0Operating/Maintenance $ 5,929.00 741Management Fees $ 6,960.00 870General & Administrative $ 1,427.00 178Utilities $ 13,446.00 1681Taxes/Insurance $ 2,137.00 267Scheduled Replacements $ (900.00) -113 TOTAL OPERATING EXPENSE $ 37,251.00 4656 NET OPERATING INCOME $ 5,134.00 OTHER EXPENSES Other Debt Service TOTAL OTHER EXPENSES $ - Cash Flow $ 5,134.00 Depreciation Distributions $ 4,800.00 NET CASH FLOW $ 334.00


Project Name: TUCSON APARTMETNS

Address: 5401 & 5405 Tucson, NW


Number of Units: 8 (all units are affordable)

Unit Type/Mix:


Building Type: Two Story Wood Frame Stucco Exterior

Number of Buildings: Two

Parking: Uncovered

Amenities: Frost Free Refrigerator Gas Stove/Heat Disposal Washer/Dryer Hookups in all Units


Common Amenities: None

HVAC System: Evaporative Coolers Forced Air Heat



TUCSON

PROPOSED 2005 BUDGET INCOME TOTAL PER UNIT Rental Income $ 33,840.00 4230Other Income $ 1,150.00 144 TOTAL INCOME $ 34,990.00 4374 ADMINISTRATIVE FEE (1.5%) $ 516.00 65 OPERATING EXPENSES Salaries $ 5,860.00 733Advertising $ - Operating/Maintenance $ 7,702.00 963Management Fees $ 5,388.00 674General & Administrative $ 2,097.00 262Utilities $ 3,821.00 478Taxes/Insurance $ 1,868.00 234Scheduled Replacements $ 5,250.00 656 TOTAL OPERATING EXPENSE $ 32,502.00 4063 NET OPERATING INCOME $ 2,488.00 OTHER EXPENSES Other Debt Service TOTAL OTHER EXPENSES $ - Cash Flow $ 2,488.00 Depreciation Distributions $ 2,400.00 NET CASH FLOW $ 88.00


Project Name: BLUEWATER VILLAGE

APARTMENTS

Address: 6600 Bluewater Rd. NW Albuquerque, NM 87121

Number of Units: 200 (20 units are Section 8 and 13 units are affordable)

Unit Type/Mix:

50 – 1 Bedroom + 1 Bath 80 – 2 Bedroom + 2 or 1 ¾ Bath 60 – 3 Bedroom + 2 pr 1 ¾ Bath 10 – 4 Bedroom + 2 Bath

Building Type: Two Story Wood Frame/ Stucco Exterior

Number of Buildings: 10+ Office/Clubhouse

Parking: Uncovered

Amenities: Private Patio/ Balconies Washer/Dryer Hookup (2, 3 and 4 Bedrooms) Swimming Pool/Spa Tot Lots Laundry Facilities

Flooring: Carpet/Vinyl HVAC System: Individual Central Air Conditioning

Gas Forced Air



BLUEWATER PROPOSED 2005 BUDGET

INCOME TOTAL PER UNIT Rental Income $ 1,182,054.00 5910Other Income $ 66,407.00 332 TOTAL INCOME $ 1,248,461.00 6242 ADMINISTRATIVE FEE (1.5%) $ 18,657.00 93 OPERATING EXPENSES Salaries $ 172,992.00 865Advertising $ 20,550.00 103Operating/Maintenance $ 148,490.00 742Management Fees $ 55,973.00 280General & Administrative $ 47,873.00 239Utilities $ 136,030.00 680Taxes/Insurance $ 54,219.00 271Scheduled Replacements $ 47,857.00 239 TOTAL OPERATING EXPENSE $ 702,641.00 3513 NET OPERATING INCOME $ 545,820.00 OTHER EXPENSES Other Debt Service $ 216,528.00 TOTAL OTHER EXPENSES $ 216,528.00 Cash Flow $ 329,292.00 Depreciation Distributions $ 213,356.00 NET CASH FLOW $ 115,936.00


PART 4 EVALUATION OF OFFERS

4.1 Selection Process. The Mayor of Albuquerque shall name, for the purpose of evaluating the proposals, 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 are recommended. Proposal documentation requirements set forth in this RFP are designed to provide guidance to the offeror concerning the type of documentation that will be used by the Ad Hoc Advisory Committee. Offerors should be prepared to respond to requests by the Purchasing Office on behalf of the Ad Hoc Advisory Committee for oral presentations, facility surveys, demonstrations or other areas deemed necessary to assist in the detailed evaluation process. Offerors are advised that 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, will be used by the Ad Hoc Evaluation Committee in recommending contract award to the Mayor. The proposal factors will be rated on a scale of 0-1000 with weight relationships as stated below.

4.2.1 Evaluation Factors:

100 -- The offerors general approach and plans to meet the requirements of the RFP.

200 --The offeror's detailed plans to meet the objectives of each task, activity, etc. on the required schedule.

200 -- Experience and qualifications of the offeror and personnel as shown on staff resumes to perform tasks described in Part 3, Scope of Services.

100 -- Adequacy of proposed project management and resources to be utilized by the offeror.

100 --The offeror's past performance on projects of similar scope and size. 200 -- The overall ability of the offeror, as judged by the evaluation committee, to complete successfully the project within the proposed schedule. This judgment will be based upon factors such as the project management plan, expertise and availability of staff and resources.

100 -- Cost Proposal - Ability of the offeror to describe in detail all costs to be incurred relative to the tasks listed in the specifications, Part3, Scope of Services; and ability of the offeror to detail the entire project in the format described in Part 2, Section 2, Proposal Format, to determine which proposal represents the best value to the City. The evaluation of this section will occur after the technical evaluation, based on a cost/price analysis.

4.2.2 Cost/Price Factors: The evaluation of cost factors in the selection will be determined by a cost/price analysis using your proposed figures. Please use the format described in Appendix A. These figures are relative to the magnitude of the cost differentials identified, the credibility of such differentials, the keenness of competition in the Technical


Proposal, and the impact of other factors. Any significant inconsistency, if unexplained, raises a fundamental issue of the offeror's understanding of the nature and scope of work required. The burden of proof as to cost credibility rests with the offeror. Proposed costs will be evaluated not only to determine if the estimate is reasonable, realistic, and cost effective, but also, the offeror's ability to organize and perform the contract. Please note that the lowest cost is not the sole criterion for recommending contract award.

4.2.3 The cost/price evaluation will be performed by the City Purchasing Division or designee. A preliminary cost review will ensure that each remaining offeror has complied with all cost instructions and requirements. In addition, proposals will be examined to ensure that all proposed elements are priced and clearly presented. Cost proposals that are incomplete or reflect significant inconsistencies or inaccuracies will be scored accordingly or may be rejected by the Ad Hoc Advisory Committee if lacking in information to determine the value/price/cost relative to the services proposed.

4.2.4 Local Preference. Local and Resident Preference: A preference for local and state businesses is available under the City of Albuquerque Public Purchases Ordinance, for this procurement. The "LOCAL PREFERENCE CERTIFICATION FORM" and instructions are attached as an Appendix to this Request for Proposals. If a completed Local Preference Certification Form, or a current and correct Resident Business Preference Number is not received with the Offeror's response, a preference will not be applied for that offer. The Form or the Number will not be accepted after the deadline for receipt of proposals. For those Offerors qualifying for the preference, a 1.05 multiplier will be applied to the total raw score. Only one preference will apply for this procurement. Local Preference supersedes all other preferences.

4.3 Additional Points for Community Involvement. The City has implemented a program to assist Albuquerque’s young adults in finding summer employment with local businesses. The object is to benefit the community by providing meaningful work experiences for young people and assisting businesses to locate summer staffing. This program is called the City’s Summer Youth JOBS Initiative. To encourage participation in this program, an additional 50 points will be added to the total composite score of any offeror who volunteers to do one of the following: 4.3.1 To hire one or more youth(s) (ages 16 - 21) for a minimum of eight (8) weeks for at least forty (40) hours per week of employment placement during the period of May 15 to September 1 of each year during the term of its contract with the City, to pay at least a minimum wage to the youth hired, to provide a meaningful work experience for the youth and an understanding of basic employment rules and requirements, to hire the youth through the New Mexico Department of Labor Dial-A-Teen Office, and to follow all applicable laws and regulations regarding the hiring of young adults; or

4.3.2 To contribute at least Two Thousand Dollars to the City’s Summer Youth JOBS Initiative Fund for each one year period during the term of its contract with the City. The funds will be used to provide employment for youth with other employers.


4.3.3 An Offeror must certify in a written statement submitted with its proposal its willingness to participate in this program and to meet the selected requirements outlined above in order to be eligible for these additional points.

{INTENTIONALLY LEFT BLANK}


PART 5 PROPOSED CONTRACT

THIS AGREEMENT is made and entered into this ___ day of_____ , 20__ by and between the City of Albuquerque, New Mexico a municipal corporation, (hereinafter referred to as the "City"), and_____________________________, hereinafter referred to as the "Contractor"), a_________________, whose address is __________________________________. WITNESSETH: WHEREAS, the City issued a Request For Proposals for its Family and Community Services Department, Procurement No. RFP05-019-SV, titled Property Management Services, dated 5 January 2005, which is attached hereto as Exhibit A, and by this reference made a part of this Agreement; and WHEREAS, the Contractor submitted its proposal, dated ________________, in response to RFP05-019-SV , which proposal is attached hereto as Exhibit B, and by this reference made a part of this Agreement; and WHEREAS, the City desires to engage the Contractor to render certain services in connection therewith, and the Contractor is willing to provide such services. NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties 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. Management Plan: No later than thirty (30) days after the execution of the

Agreement, or after any amendment to this Agreement which adds additional properties or specifies Property Start Dates, the Agent will prepare and submit to the Owner for approval a Management Plan for each Property, which will provide a comprehensive and detailed description of the budgets, marketing plan, staffing plan, and capital Properties. The Management Plan will at a minimum incorporate components itemized in the RFP, Scope if Services, Part 3. In many of its provisions, this Agreement briefly defines the nature of the Agent’s obligations, with the intention that reference is made to the Management Plan for more detailed policies and procedures. Accordingly, the Owner and the Agent will comply with all applicable provisions of the Management Plans regardless of whether specific reference is made thereto in any particular provision of this Agreement.

B. Budgeting and Financial Management: The agent will advise and assist the

Owner with respect to budget preparation and financial management for the Properties. The Agent’s specific tasks under the Section 3,B. will be as follows.


(1) Preparation and submission to the Owner of recommended Operating budgets for the initial operating year of each Property and for each subsequent fiscal year during which the Properties are subject to this Agreement Initial Operating budgets for each Property are to be prepared and submitted no later than thirty (30) days from the execution of the agreement or from execution of amendments specifying any new Property Start Date, and annually thereafter;

(2) Preparation and submission to the Owner of the monthly balance

sheet, statement of income and expenses, budget variance report and other financial reports for each Property individually, no later than ten (10) business days after the last day of each month, throughout the term of this Agreement;

(3) Continuing review of the Operating budgets and the Management Plans,

for the purpose of keeping the Owner advised of necessary of desirable changes.

C. Basic Information: The will furnish the Agent with a complete set of any

available plans and specifications and copies of all guaranties and warranties pertinent to construction, fixtures, and equipment for each Property. With the aid of this information and thorough inspection by competent personnel and/or contractors, the Agent will thoroughly familiarize itself with the character, location, construction, layout, plan and operation of the Properties, and especially the electrical, heating, plumbing, air-conditioning and ventilating systems, the elevators, and all other mechanical equipment.

D. Marketing: The Agent will carry out the marketing activities prescribed in the

Management Plans. Subject to the Owner’s prior approval, marketing expenses will be paid out of the Property Management Trust Account as Property Expenses.

E. Rentals: The Agent will offer for rent and will rent by dwelling units, parking

spaces, and other rental facilities and concessions in the Properties. Incident thereto, the following provisions will apply:

(1) The Agent will prepare lease-up plans and manage the initials lease-up in

Properties where this is necessary, as described in the Management Plans.

(2) The Agent will follow the tenant selection policy described in the

Management Plans, Affordable Housing Policy Manuals giving preference to very low, low-, and moderate-income families as required by the regulatory requirements of each Property.

(3) The Agent will show the premises to prospective tenants.


(4) The Agent will take and process applications for rentals. If an application

is rejected the applicant will be told the reason for rejection, and the rejected application, with the reason for rejection noted thereon, will be kept on file for one (1) year. A current list of prospective residents will be maintained.

(5) The Agent will prepare all dwelling leases and parking permits, and will

execute the same in its name, identified thereon as Agent for the Owner. The term of all leases will comply with the pertinent provisions of the Regulatory Agencies as defined in the Management Plans. The Owner will approve a standard form of dwelling lease, but individual dwelling leases and parking permits need not be submitted for approval of the Owner.

(6) The Owner will furnish the Agent with rent schedules from time to time,

showing as appropriate restricted rents and fair market rents for dwelling units, and other charges for facilities and services. In no event will such rents and other charges be exceeded. Eligibility for dwelling rents that are less than such fair market rents, and the amount of such lesser rents, will be determined in accordance with the RTC Land Use Restriction Agreement, the Affordable Housing Policy of the City of Albuquerque, the use requirements of tax exempt bond proceeds, and/or other restrictions applicable to particular Properties as described in the Management Plans.

(7) The Agent will counsel all prospective residents regarding eligibility for

dwelling rents that are less than fair market rents, and will prepare and verify initial eligibility certifications and annual recertifications in accordance with the RTC Land Use Restriction Agreement, the Affordable Housing Policy of the City of Albuquerque, the use requirements of tax exempt bond proceeds, and/or other restrictions applicable to particular Properties.

(8) The Agent will negotiate concessions agreements, and will execute the

same in its name, identified thereon as Agent for the Owner. (9) The Agent will collect, deposit, and disburse security deposits, if required

in accordance with the terms of each resident’s lease. The amount of each security deposit will be specified in the Management Plans. Security deposits will be deposited by the Agent in special account(s) separate from all other accounts and funds of the Agent, with a bank or other financial institution whose deposits are insured by an agency of the United States Government. This account will be carried in the Agent’s name and designated of record as “Security Deposit Account”. Agent shall provide separate accounting for these deposits, identifying the Property name, residents name as depositor, apartment number or


address, date of deposit and amount of deposit.

F. Collection of Rents and Other Receipts: The Agent will collect when due all rents, charges and other amounts receivable on the Owner’s account in connection with the management and operation of the Properties. Those receipts (except for residents’ security deposits, which will be handled as specified in Section 3.E. (9) above) will be deposited in an account, separate from all other accounts and funds of the Agent, with a bank whose deposits are insured by the Federal Deposit Insurance Corporation. These accounts will be carried in the Agent’s name and designated of record as “Property Management Trust Account for (Property Name).” Funds collected from one Property will not deposited in the Property Management Trust Account of any other Properties.

G. Enforcement of Leases: The agent will administer the leases in accordance with the Affordable Housing Policy Manual. Nevertheless, and the subject to the pertinent procedures prescribed in the Management Plans, the Agent may lawfully terminate any residency when, in the Agents judgment sufficient cause (including but not limited to nonpayment of rent) for such termination occurs under the terms of the resident’s lease. For this purpose, the Agent is authorized to consult with legal counsel to bring actions for eviction and to execute to notice to vacate and judicial pleadings incident to such actions. Attorney fees and other necessary costs incurred in connection with such actions will be paid out of the Property Management Trust Accounts as Property Expenses.

H. Management and Repair: The agent will maintain the Properties in good repair in accordance with the Management Plans and local codes, and in a condition at all times acceptable to the Owner, including but not limited to cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair work as may be necessary, subjects to any limitations imposed by the Owner and the Operating Budget in addition to those contained herein.

Incident thereto, the following provisions shall apply:

(1) Special attention will be given to preventive maintenance and, Agent shall implement an ongoing preventive maintenance schedule.

(2) Subject to the Owner’s approval, the Agent will contact with qualified

independent contractors for the maintenance and repair of air conditioning systems and elevators, and for extraordinary repairs beyond the capability of regular maintenance employees.

(3) The Agent will systematically and receive and investigate all service requests from residents, take such action thereon as may be justified, and will keep records of the same. Emergency requests will be received and serviced on a twenty-four (24) hour Basis.


(4) The Agent is authorized to purchase all materials, equipment, tools, appliances, supplies and services necessary to proper maintenance and repair and subject to the Opening Budget.

(5) Notwithstanding any of the foregoing provisions, the prior approval of

the Owner will be required for any expenditure which exceeds three thousands dollars (3,000.00) in any one instance for labor, equipment, materials, or otherwise in connection with the maintenance and repair of the Properties, except for emergency repairs involving manifest danger to persons or property, or required to avoid suspension of any necessary service to the Properties. In the latter event, the Agent will inform the Owner and the bond purchaser, if any, of the facts as promptly as possible.

I. Utilities and Services: In accordance with the Management Plans and the

Operating Budgets, the Agent will make arrangements for water, electricity, gas, fuel oil, sewage and trash disposal, vermin extermination, decorating, laundry facilities and telephone services. Subject to the Owner’s prior approval when required pursuant to Section 3.0 below, the Agent will make such contracts as may be necessary to secure such utilities and services.

J. Employees: The Management Plans will prescribe the number, qualifications and duties of the personnel to be regularly employed in the Management of each Property, including an On-site Management, leasing, maintenance, administrative and housekeeping employees. All such on-site personnel will be employees of the Agent, and will be hired, paid, supervised and discharged by the Agent subject to the following conditions:

(1) The compensation (including fringe benefits) of the On-Site employees will be prescribed in the Management Plans and/or budgets.

(2) The Owner will reimburse the Agent for the compensation (including

fringe benefits) payable to the on-site employees, as prescribed in the Management Plans or budget, and for all local, state, and Federal taxes and assessments (including but not limited to Social Security taxes, unemployment insurance, and workman’s compensation insurance) incident to the employment of such personnel. Such reimbursements will be paid out of the Property Management Trust Accounts and will be treated as Property Expenses.

(3) The rental value of any dwelling unit furnished rent-free to management

or maintenance staff, if required in the Management Plans or budget, will be treated as a cost to Property.

(4) The Agent will post in the rental office opportunities for employment in


the management and operation of the Properties and to the extent consistent with that consideration, employment opportunities to lower-income persons in the area. While personnel will be employed primarily on the basis of ability, the Agent will make a conscientious effort to provide employment to residents and members of minority groups who are not initially qualified.

K. Disbursements from Rental Agency Account:

(1) From the funds collected and deposited by the Agent in the Property Management trust Accounts pursuant to Section 3.F. above, the Agent will make the following disbursements promptly when payable:

(a) Reimbursement to the Agent for compensation payable to

the employees specified in Section 3.J. (2J above, and for the taxes and assessments payable to local, state, and Federal governments in connection with the employment of such personnel: and

(b) All other sums otherwise due and payable by the Owner

as Property Expenses authorized to be incurred and paid by the Agent under the terms of this agreement and the Operating Budget, including compensation payable to the Agent pursuant to Section 5 below for its services thereunder; and

(c) In case of Properties for which no Mortgage Servicer has

been named, the payments required to be made monthly by the Owner to the Mortgagee, including the amounts due under the mortgage for principle, amortization, interest, and real estate taxes, other non-employment related taxes and special assessments, regulatory compliance fees, fife and other hazard insurance premiums, ground rents and the amounts specified in the Management Plans for allocation to the Reserves for Replacement.

(2) For the Properties for which a Mortgage Servicer has been

appointed, the Agent will then transfer all Estimated Net Revenues in the Property Management Trust Account to the Mortgage Servicer, no later than three (3) business days after the last day of every month. An adjustment will be made to the following month’s Net Revenues if Estimated Net revenues for any given month are not equal to Net Revenues for the month in question. If Estimated Net Revenues are more than


$3,000.00 less than Net Revenues, as determined on completion of the monthly reports, the Agent will deliver such difference to the Mortgage Servicer with the monthly reports pursuant to Section 3.M. (3) below.

(3) Except for the disbursements mentioned in Section 3.K. (1) an

(2) above, funds will be disbursed or transferred from the Property Management Trust Account only as the owner may from time to time direct in writing, to a designee identified in the Management Plan.

(4) In the event the balance in the Property Management trust

Account is at any time insufficient to pay disbursements due and payable under Section 3. k. (1) above, the agent will inform the Owner of that fact and the Owner will then remit to the Agent sufficient funds to cover to deficiency. In no event will the Agent be required to use its own funds to pay such disbursements.

(5) In no case will funds in the Property Management Trust

Account of one Property be disbursed to pay the costs incurred with respect to ant other properties subject to this Agreement.

(6) Checks issued by the agent to pay obligations incurred under

this Agreement shall be made payable to the vendor for services or materials and not to cash.

L. Budgets: Annual Operating Budget for the Properties will be as approved by the Owner. Annual disbursements for each type of operating expense itemized in the Operating Budgets will not exceed the amount authorized by the approved budgets, unless the owner provides specific written instruction approving such excess expenditures. In addition to preparation and submission of recommended Operating Budgets for the initial fiscal year (as provided in Section 3.B. (1) above), the Agent will prepare a recommended Operating Budget for each subsequent fiscal year beginning during the term of this Agreement, and will submit the same to the Owner at least thirty (30) days before the beginning of the fiscal year. The owner will promptly inform the Agent of any changes to be incorporated in the approved budget, and will deliver a copy of the Operating Budget to the Mortgage Servicer. The Agent will keep the Owner informed of any anticipated deviation from the receipts or disbursements stated in the approved budget through the monthly reports described in Section 3.M (3) below. L. Records and Reports: In addition to any requirements specified in the

Management Plans or in other provisions of this Agreement, the Agent will have the following responsibilities with respect to records and reports:


(1) The Agent will establish and maintain a comprehensive system

of records, books, and accounts in a manner conforming to the directives of the Management Plans and/or operations Manual, and otherwise satisfactory to the Owner. All records, books, and accounts will be subject to examination at reasonable hours by any authorized representative of the Owner, the Mortgage Servicer or the Bond Purchaser, if any, or the Regulatory Agencies.

(2) With respect to each fiscal year ending during the term of this

Agreement, the Agent will have an annual financial report prepared for each Property by a Certified Public Accountant or other person acceptable to the Owner, based upon the preparer’s examination of the books and records of the Owner and the Agent. The report will be prepared in accordance with the directives of the Owner, will be certified by the preparer and the Agent, and will be submitted to the Owner within sixty (60) days after the end of the fiscal year, for the owner’s further certification and submission to the Regulatory Agencies. The Agent will also deliver copies of such reports to the Mortgage Servicer, if any. Compensation for the preparer’s services will be paid out of the property Management Trust Account as a Property Expense.

(3) For each Property, the agent will prepare monthly Balance

sheets, Income Statements, and Budget Variance Reports comparing actual and budgeted figures for receipts and disbursements. The monthly reports will state the number of apartment units occupied and vacant, the number of apartments occupied by very low-income and lower income occupants, the amount of rent delinquent for the month in question and a list of apartment units for which rent was delinquent, a list of damages in excess of $3,000.00 which occurred at the Properties during the month, a description of actions taken by the Agent to remedy any problems or reporting disparities identified in the prior month’s report, and such other matters as the Owner requests to be included. The Agent will submit each such report to the Owner by the tenth (10th) business day after the end of the month covered. The Agent will also deliver copies of such reports to the Mortgage Servicer, if any.

(4) The Agent will furnish such information (including occupancy

reports) as may be requested by the Owner from time to time with respect to the financial, physical, and operational condition of the Properties.


(5) By the tenth (10th) business day of each month, the Agent will furnish the Owner with a statement of receipts and disbursements during the previous month, a schedule of accounts receivable and payable, and reconciled bank statements for the Property management Trust Accounts and Security Deposit Accounts as of the end of the previous month. Copies of the statements with respect to the Property Management Trust Account(s) will also be delivered to the Mortgage Servicer, if any.

(6) All off-site bookkeeping, off-site clerical and other off-site

management overhead expenses (including but not limited to costs of office supplies and equipment, postage, transportation for managerial personnel, and telephone services) will be borne by the Agent out of his own funds and will not be treated as Property Expenses except for such supplies, postage, equipment, and telephone service which are directly attributable to the property.

M. Fidelity Bond: The Agent will furnish, at its own expense, a fidelity bond in the

principle sum equal to the gross potential income for two months for all Properties under this Agreement, which bond is conditioned to protect the Owner against misappropriation of Property funds by the Agent and its employees. The other terms and conditions of the bond, and the surety thereon, will be subject to the approval of the Owner.

N. Bids and Purchase Discounts Rebates or Commissions: The Owner and the

Agent agree to obtain contract materials, supplies and services at the lowest possible cost and on the terms most advantageous to the Property, and to secure and credit to the Properties all discounts, rebates or commissions obtainable with respect to the purchases, service contracts and other transactions on behalf of the Properties. The Owner and the Agent agree that no goods or services will be purchased from individuals or companies having an identity- of interest with the Agent or the Owner, without prior written disclosure and approval by Owner. The Agent shall solicit written cost estimates (i.e., bids) from at least three contractors of suppliers for any work item which the Owner estimates will cost five thousand dollars ($5,000) or more and for any contract or ongoing supply or service arrangement which is estimated to exceed five thousand dollars ($5,000) per year. The Agent agrees to accept the bid, which represents the lowest price from a responsible bidder taking into consideration the time frame within which the service or goods are needed. For any contract or ongoing supply or service arrangement obtainable from more than one source and estimated to cost less than five thousand dollars ($5,000), the Agent shall solicit verbal or written cost estimates, as necessary to assure that the Properties are obtaining services, supplies and purchases at the lowest possible cost. The Agent must make a written record of any verbal estimate obtained. Copies of all requires bids and


documentation of all other written or verbal cost comparisons made by the Agent shall be made part of the Properties’ records and shall be retained for three years from the date the work was completed. This documentation shall be subject to inspection by the Owner, the mortgage Servicer, if any, and/or their designees, and the Agent agrees to submit such documentation upon request.

The Agent further agrees to include the following clause in any contract entered into with an identity-of-interest firm for provision of goods or services to the Properties, the cost of which services are to be paid from Properties funds: “Upon request by the Owner or Agent)(name of contractor or supplier) will make available to the Owner at a reasonable time and place; (name of contractor or supplier’s) records which relate to goods or services provided to the Property.” The Agent agrees to request such records from the contractor or supplier within seven days of receipt of a written request the owner or his/her designee. The Agent agrees to make available to the Owner all records of the Agents management company and its identity-of-interest company(s), if any, which relate to the provision of goods or services to the Property whenever Property funds have been used to pay for such goods and/or services (other than management services).

O. Resident-Management Relations: The Agent will encourage and assist

residents of the Property in forming and maintaining representative organizations to promote their common interests, and will maintain good-faith communication with such organizations to the end that problems affecting the Properties and their residents may be avoided or solved on the basis of mutual interest.

P. On-Site Management facilities: Subject to the further agreement of the Owner

and the Agent will maintain a management office furnished by Owner’s expense within one or more of the Properties designated for such use.

Q. Compliance with Government Orders: The Agent will take such actions as

may be necessary to comply promptly with any and all government orders or other requirements affecting the Property, whether imposed by Federal, state, county or municipal authority, subject, however, to the limitation stated in Section 3.H. (5) above with respect to repairs. Nevertheless, the Agent shall take no action so long as the Owner is contesting, or has affirmed its intention to contest, any such order or requirement. The Agent will notify the Owner in writing of all notices of such orders or other requirements, within seventy-two (72) hours from the time of their receipt.

R. Interpretative Provisions:

(1) At all times, this Agreement will inure to the benefit of and constitute a binding obligation upon the parties and their respective successors and assigns.

(2) This agreement constitutes the entire agreement between the


Owner and the Agent with respect to the management and operation of the Property, and no change will be valid, unless made by written amendment, executed and approved by the parties. No change shall conflict with any provisions of any mortgage or indenture of trust encumbering a Property.

2. Time of Performance: Services of the Contractor shall commence on the date of final execution of this Agreement and shall be undertaken and completed in such sequence as to assure 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 ________________of the date of execution. 3. Compensation and Method of Payment:

A. Compensation: For performing the Services specified in Section I hereof, the City agrees to pay the Contractor up to the amount of________________________ Dollars ($_______), which amount includes any applicable gross receipts taxes and which amount shall constitute full and complete compensation for the Contractor's Services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such Services.

B. Method of Payment: Such amount shall be paid to the Contractor upon receipt by the City of a properly documented requisition for monthly payment as determined by the budgetary and fiscal guidelines of the City and on the condition that the Contractor has accomplished the scope of services outlined herein, to the satisfaction of the City.

C. Appropriations: Notwithstanding any other provisions in this Agreement, the terms of this Agreement are contingent upon the City Council of the City of Albuquerque making the appropriations necessary for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the City Council, this Agreement may be terminated at the end of the City's then current Fiscal Year upon written notice given by the City to the Contractor. Such event shall not constitute an event of default. All payment obligations of the City and all of its interest in this Agreement will cease upon the date of termination. The City's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. 4. Independent Contractor: Neither the Contractor nor its employees are considered to be employees of the City of Albuquerque for any purpose whatsoever. The Contractor is considered as an independent contractor at all times in the performance of the services described in Section 1. The Contractor further agrees that neither it nor its employees are entitled to any benefits from 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 System Ordinance as now enacted or hereafter amended. 5. Personnel:

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


required in performing all of the Services required under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the City.

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

C. None of the work or Services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or Services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 6. Indemnity: The Contractor agrees to defend, indemnify, and hold harmless the City and their officials, agents, and employees from and against any and all claims, actions, suits, or proceedings of any kind brought against said parties for or on account of any matter arising from the services performed by the Contractor under this Agreement. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage in this Agreement. 7. Insurance: The Contractor shall not commence any work under this Agreement until the insurance required in Exhibit A, Section I, Section 18, has been obtained and the proper certificates (or policies) have been submitted to the City. 8. Discrimination Prohibited: In performing the Services required hereunder, the Contractor shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, physical handicap or disability, as defined in the Americans With Disabilities Act of 1990, as currently enacted or hereafter amended. 9. ADA Compliance: In performing the Services required hereunder, the Contractor agrees 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 public entity. The Contractor agrees to be responsible for knowing all applicable rules and requirements of the ADA and to defend, indemnify and hold harmless the City, its officials, agents and employees from and against any and all claims, actions, suits or proceedings of any kind brought against said parties as a result of any acts or omissions of the Contractor or its agents in violation of the ADA. 10. 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 the City 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 or other documents prepared pursuant to the Agreement until the final product is submitted to the City. 11. Establishment and Maintenance of Records: Records shall be maintained by the Contractor in accordance with applicable law and requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized by the City, such records shall be maintained for a period of three (3) years after receipt of final payment under this Agreement.


12. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of the Contractor's records with respect to all matters covered by this Agreement. The Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The Contractor may be required to provide such information and records and appear as a witness in hearings for the City’s Board of Ethics and Campaign Practices pursuant to Article XII, Section 8 of the Albuquerque City Charter. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. 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. 14. Compliance with Laws: In providing the Scope of Services outlined herein, the Contractor shall comply with all applicable laws, ordinances, and codes of the Federal, State, and local governments. 15. Changes: The City may, from time to time, request changes in the Scope of Services of the Contractor 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 City and the Contractor, shall be incorporated in written amendments to this Agreement. 16. Assignability: The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the City thereto. 17. Termination for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligation under this Agreement or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving five (5) days written notice to the Contractor of such termination and specifying the effective date of such termination. In such event, all finished or unfinished documents, data, and reports prepared by the Contractor under this Agreement shall, at the option of the City, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is determined. 18. Termination for Convenience of City: The City may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to the Contractor. If the Contractor is terminated 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 of the Contractor


covered by this Agreement, less payments of compensation previously made. If this Agreement is terminated due to the fault of the Contractor, Section 17 hereof relative to termination shall apply. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Enforcement: The Contractor agrees to pay to the City all costs and expenses including reasonable attorney's fees incurred by the City in exercising any of its rights or remedies in connection with the enforcement of this Agreement. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 22. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New Mexico, and the laws, rules and regulations of the City of Albuquerque. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City's Chief Administrative Officer. IN WITNESS WHEREOF, the City and the Contractor have executed this Agreement as of the date 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:_______________ Department Director (Date) City Department


EXHIBIT A CITY OF ALBUQUERQUE REQUEST FOR PROPOSALS


EXHIBIT B OFFEROR'S PROPOSAL


PART 6 - INSTRUCTIONS FOR LOCAL PREFERENCE CERTIFICATION FORM

1. ALL INFORMATION MUST BE PROVIDED. A 5% local preference is available for this procurement. To qualify for this preference, 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 will not be applied. THE FORM OR A CORRECTED FORM WILL NOT BE ACCEPTED AFTER THE DEADLINE FOR RECEIPT OF BIDS OR PROPOSALS.

2. LOCAL PREFERENCE PRECEDENCE OVER STATE PREFERENCE. The local preference takes precedence over the State Resident Business Preference and only one of the two preferences will be applied to any one offer. If it is determined that the local preference applies to one or more Offerors in any solicitation, the State Resident Business Preference will not be applied to any offers. 3. PHYSICAL LOCATION MUST BE STATED. To qualify for the local preference, a business must have a location in the Albuquerque Metropolitan Area (Abq. Metro Area). The business location inserted on the form must be a physical location, street address or such. DO NOT use a post office box or other postal address. 4. ADDITIONAL REQUIREMENT. To qualify for this preference, the principal Offeror (i.e. the business, NOT the individual signing the form) if it is a corporation, must be a New Mexico corporation with its articles of incorporation filed with the New Mexico Public Regulation Commission. 5. DEFINITIONS. The following definitions apply to this preference:

• The Abq. Metro Area includes all locations within the City of Albuquerque and Bernalillo County, and within any municipality (i.e. incorporated city, town or village) contiguous to the City of Albuquerque and Bernalillo County.

• A resident of the Abq. Metro Area is a person who occupies a dwelling in the

Area and who manifests an intent to maintain that dwelling on a permanent basis.

• A principal Offeror is a single Offeror; a business which is the prime

contractor or one of the prime contractors and not a subcontractor; or a partner or joint venturer submitting an offer in conjunction with other businesses.

6. ADDITIONAL DOCUMENTATION. If requested, a business will be required to provide, within 10 working days of the request, documentation to substantiate the information provided on the form. 9/24/02


LOCAL PREFERENCE CERTIFICATION FORM

RFP/RFB NO: ____________________________

Business Name: _______________________________________________________ Business Location (in Abq. Metro Area): __________________________________

_________________________________

Business Type: SELECT ONE

Corporation -- Indicate state of incorporation. ______________________

Partnership -- Indicate “general” or “limited”. ______________________

Sole Proprietorship (Single Owner with employees)

Individual (Single Owner/No employees)

Other - Indicate status. ________________________ Additional Information: (PROVIDE IF BUSINESS IS A CORPORATION)

Date of incorporation in the State of New Mexico: ________________________

CERTIFICATION I hereby certify that the business set out above is the principal Offeror submitting this offer or is one of the principal Offerors jointly submitting this offer (e.g. as a partnership, joint venture). I hereby certify that the information which I have provided on this form is true and correct, that I am authorized to sign on behalf of the business set out above and, if requested by the City, will provide, within 10 days of notice, 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


PART 7

CITY OF ALBUQUERQUE, NEW MEXICO, AFFORDABLE HOUSING PROJECTS REFUNDING REVENUE BONDS, SERIES 2000 INFORMATION

NOTICE

THIS DOCUMENT IS NOT AVAILABLE IN ELECTRONIC FORMAT. WE ONLY HAVE HARD COPY. THOSE VENDORS INTERESTED IN RESPONDING TO THIS REQUEST FOR PROPOSALS MAY CALL THE PURCHASING OFFICE (505)768-3341 OR PICK IT UP AT THE MANDATORY PRE-PROPOSAL CONFERENCE. WHEN CALLING FOR THIS DOCUMENT, PLEASE CITE THE RFP NUMBER AND TITLE. REQUEST PART 7 FOR THIS SECTION OF THE RFP.

RFP05-019-SV: "Property Management Services” APPENDIX A-1

APPENDIX A PAGE A-1

Apartment Complex Annual Management Fee: a) Beach Apartments, 2525 Tingley Drive, SW ___________ b) Manzano Vista, 300 Dorado Pl, SE ___________ c) Bluewater Village Apartments, 6600 Bluewater Road,NW ___________

d) Candelaria Gardens, 820 Candelaria, NW ___________

e) Tuscon Apartments, 5401 – 5405 Tuscon, NW ___________

f) Santa Barbara, 1420 Edith, NE ___________

g) Glorieta Apartments, 115, 119, 123, & 127 Glorieta, NE ___________ h) Proposed fee Structure for future properties # of units Minimum and/or % Fee 0 – 20 ________ _____ 21 – 50 ________ _____ 50 - 100 ________ _____ 100 - 200 ________ _____ 201 - + ________ _____


PAGE A-2 Detailed Cost Listing (example) Service Annual $Amount

1) 1 FTE Property Manger (incl. 35% fringe) $48,000 2) 1 FTE Accountant (incl. 35% fringe) $45,000 3) .5 FTE Payroll Clerk (incl. 35% fringe) $14,000 4) Off- site office space rental (prorated) $15,000 5) Audit Costs $25,000 6) Office Supplies (paper, pens, tape, cartridges, etc.) $ 3,000 Etc…..


PAGE A-3 Fees for Construction Management Cost of Work Performed % of Cost 0 - $2,000 ________ $2,000 to $5,000 ________ $5,001 to $10,000 ________ $10,001 to $25,000 ________ $25,001 to $75,000 ________ $75,001 + ________

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