Proposal
Management and Operation of the
Public Access Channel
Submitted to the City of Nashua
RFPO718-022322
By
BRBTV, LLC
(Bartis-Russell Broadcasting TV), LLC
February 24, 2022
INDEX
BID FORM
ADDENDUMS
INTRODUCTION
PART A. SCOPE OF WORK NARRATIVE
Administration and Management
Production Training, Facilities, Programming and Technical Services
Work Plan
Promotion
Reporting
PART B. DETAILED COST PROPOSAL
lA bh wt =
l. Year |
2. Year 2
3. Year 3
PART C. QUALIFICATIONS and EXPERIENCE.
1. Staff Experience
2. Project Experience
3. Corporate Qualifications
4. References
5. Resumes
APPENDIX- Innovation Options
APPENDIX II — Exceptions and Objections to the Draft Contract
BID FORM & ADDENDUMS
Sce attached
BID FORM
Project Identification: Public Access Television Qperations and Management Services
Contract Identification and Number: RFP.0718-022322
This Proposal is submitted to: City of Nashua
3,
Purchasing Department
229 Main Street, City Ha’
Nashua, NH 03061-2019
The undersigned Vendor proposes and agrees, if this proposal |s accepted, to enter into an agreement with
The City in the form included in the RFP Documents to perform al Work as specified or indicated in the RFP
Documents for the prices and within the times indicated in this proposal and in accordance with the other
terms and conditions of the RFP Documents.
Vendor accepts all of the terms and conditions of the Advertisement or Request for Proposals and Instructions
to Vendors, including without limitation those dealing with the disposition of RFP security. The proposal will
remain subject to acceptance for ninety (90) days after the day of proposal opening, or for such longer period
of time that Vendor may agree to in writing upon request of the City.
In submitting this proposal, Vendor represents, as set forth in the Agreement, that:
A. Vendor has examined and carefully studied the RFP Documents and the following Addenda, receipt of
all which is hereby acknowledged.
Addendum No Addendum Date
Ove _afre/i0a3
Tive 2/94 /ded2
B. Vendor has visited the Site and become familiar with and is satisfied as to the general, local and site
conditions that may affect cost, progress, and performance of the work.
C. Vendor is familiar with and is satisfied as to all federal, state and local laws and regulations that may
affect cost, progress and performance of the Wark.
D. Vendor has obtained and carefully studied {or assumes responsibility for having done so) all additional
or supplementary examinations, investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may
affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Vendor, and safety
precautions and programs incident thereto.
Vendor does not consider that any further examinations, investigations, explorations, tests, studies, or
data are necessary for the determination of this proposal for performance of the Work at the price(s}
bid and within the times and in accordance with the other terms and conditions of the RFP Documents.
Vendor is aware of the general nature of work to be performed by the City and others at the Site that
relates to the Work as indicated in the RFP Documents.
Vendor has correlated the information known to Vendor, information and observations obtained from
visits to the Site, reports and drawings identified in the RFP Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the RFP Documents.
Vendor has given the City written notice of all conflicts, errors, ambiguities, or discrepancies that
Vendor has discovered in the RFP Documents, and the written resolution thereof by the City is
acceptable to Vendor.
The REP Documents are generally sufficient to indicate and convey understanding of ail terms and
conditions for performance of the Work for which this proposal is submitted.
Vendor further represents that this proposal is genuine and not made in the interest of or on behaif of any
undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group,
association, organization or corporation; Vendor has nat dircctly or indirectly induced or solicited any other
Vendors to submit a false or sham proposal; Vendor has not solicited or induced any individual or entity to
refrain from bidding; and Vendor has not sought by collusion to obtain for itself any advantage over any other
Vendor or over the City.
5. The requirements of the New Hampshire Revised Statutes Annotated shall apply to this project. The Vendor
is responsible for compliance with all applicable statutes. The entire sct of the Revised Statutes Annotated is
available online at: htto://gencourt state.nh.us/rsa/html/indexes/default.html
6. The following documents are attached to and made a condition of this RFP:
A. Bid Form
B. References
Cc. Atabulation of Subcontractors, Suppliers and other individuals and entities required to be identified
in this proposal
D. Vendor's Qualification Statement
E. Project Schedule
7. Communications concerning this RFP shall be Aso {
TBastis
(Cd Awhics t Street
fAfechua NH C004
(03 36 G4SH , G03 Gef G4
Submitted by: —
Name of Organization ®B iS 71 V, LLE
Name & Title of Individual “BP chau {; wang Cuan [Wn G LEC
Address (03. Avbor im ¢ eet Nhs hua ne Ute y
Telephone/Email COS ~ of GY¥S8e ; 663 BOF b4P4
Submitted on be heary av , 20 go
Business Name (typed or printed): Ba ie TY. L LL
T
L Individual OPartnership _ICorporation L]Joint Venture
Type: OGeneral C General Business
(Publicly Traded (Professional
Dtimited CServices
JFxtimited Liability
A {SEAL}
dture, General Partner, Officer with authority to sign)
{individual Sign
Doing business as:
Business address:
Phone : lc&S ~5I CO foFfS& Email: bb ar h S&@ bok ¢ lan ie Cony,
Date and State of Organization { flo fdieds NH
Date and State of Incorporation:
Names of Current General Partners/Executive Officers/foint Partners
Name Title
TReokert [SARTAS Cian e/a h wu of LLC
OrEREE Aussete Cis ner f Usmber al LLC
(Indicate managing partner by an asterisk *)
Address for receipt of official communications: LDA Ava ect Cree?
Nashua MH C3064
In compliance with your RFP, we hereby submit our proposal for the above project. Having examined the plans
and specifications and being familiar with all of the conditions surrounding the construction of the proposed
project, including the availability of materials and labor, we hereby propose to furnish all supervision, labor,
materials and supplies, and to provide services in accordance with the contract documents, dated 1/25/2022
including the Addenda noted below.
DocuSign Envelope ID: 6BE73965-BAEF-4791 -B930-DABA9714DC55
6.4.
7.1,
7.2.
7.3.
7A.
8.1.
9.1.
‘@ DARKTRACE
extent relevant to Darktrace's provision of the Support Services, and such remote access will be subject to Customer’s
reasonable policies and procedures provided to Darktrace in writing in advance. The Call Home connection remains within
Customer’s complete control and is initiated by the onsite Appliance. It can be initiated and terminated at any time by
Customer.
DISCLAIMER. UNLESS EXPRESSLY AGREED, THE SERVICES DO NOT INCLUDE THE MONITORING, INTERPRETATION OR
CORRECTIVE ACTION WITH RESPECT TO ANY ALERTS GENERATED BY THE OFFERING. NO ADVICE, REPORT, OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM DARKTRACE OR THROUGH OR FROM THE SERVICES SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. CUSTOMER UNDERSTANDS THAT: (A) ANY OUTCOME
OF THE SERVICES INVOLVING SECURITY ASSESSMENT IS LIMITED TO A POINT-IN-TIME EXAMINATION OF CUSTOMER’S
SECURITY STATUS; AND (B) THE SERVICES DO NOT CONSTITUTE ANY FORM OF REPRESENTATION, WARRANTY OR
GUARANTEE THAT CUSTOMER’S SYSTEMS ARE SECURE FROM EVERY FORM OF ATTACK, EVEN IF FULLY IMPLEMENTED.
CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT NOT ALL ANOMALIES / INTRUSIONS MAY BE REPORTED OR
PREVENTED.
FEES, PAYMENT AND TAXES
Fees. Fees are stated in the Product Order Form. No refunds will be made except as provided in Clause 9 and Clause 10.3
of this Agreement. Unless otherwise explicitly agreed in writing, fees are: (i) exclusive of sales and use taxes assessed by any
taxing authority in the jurisdiction(s) in which Customer is physically located and takes delivery of the Appliance or Services;
and (ii) exclusive of duties and shipping and handling fees, which unless otherwise agreed will be the responsibility of
Customer. Should Customer be required under any law or regulation of any governmental entity or authority outside of the
United Kingdom to withhold or deduct any portion of the payments due to Darktrace, then Customer will increase the sum
payable to Darktrace by the amount necessary to yield to Darktrace an amount equal to the sum Darktrace would have
received had no withholdings or deductions been made..
Invoices and Payment. Unless otherwise stated in the Product Order Form, Customer will be invoiced the Fees from the
commencement date specified in the Product Order Form (the “Commencement Date”). Any other charges, such as out of
pocket expenses will be invoiced monthly in arrears. Invoicing will occur via email. Unless otherwise agreed in the Product
Order Form, Customer agrees to pay all undisputed amounts within thirty (30) days of Customer’s receipt of the applicable
invoice by direct bank or wire transfer in accordance with the instructions on the invoice, and any bank charges assessed on
Customer by Customer’s bank. UNLESS PAYMENTS ARE MADE BY BANK OR WIRE TRANSFER, THEY MUST BE MADE
ANNUALLY IN ADVANCE. Darktrace may suspend or cancel performance of open orders or Services if Customer fails to make
payments when due, reserving all other rights and remedies as may be provided by law. Darktrace may impose late charges
on overdue payments at a rate equal to two percent (2%) per annum above the official dealing rate of the Bank of England,
calculated from the date payment was due until the date payment is made, and all reasonable expenses incurred in collection,
including legal fees.
Lapsed Fees. If Customer has lapsed in the payment of Fees due hereunder, Darktrace may suspend the provision of
Services and prior to recommencement of the Services by Darktrace, Customer will be responsible for paying all fees
associated with the Offering from the date such Services were stopped through to the then-current date.
Clause 7 shall not apply where Customer has purchased the Offering through a Darktrace authorised reseller.
INTELLECTUAL PROPERTY; OWNERSHIP
Intellectual Property. Except as expressly set forth herein: (i) this Agreement does not grant either Party any rights, implied
or otherwise, to the other’s Intellectual Property; and (ii) Darktrace, its suppliers and licensors, retain all right, title and
interest in and to the Offering , and the Documentation and all copies thereof, including all enhancements, error correction,
new releases, updates, derivations, and modifications thereto (collectively, “Darktrace Intellectual Property”). Customer
agrees to inform Darktrace promptly of any infringement or other improper action with respect to Darktrace Intellectual
Property that comes to Customer’s attention.
WARRANTIES
Hardware Warranty. Darktrace warrants to Customer that during the three (3) year period from the date of delivery of the
Appliance, the Hardware will perform materially in accordance with the applicable Datasheet.
V09.12.2020 MCA SHRINKWRAP 4
Proposal Submittal:
Part A: Scope of Work Narrative
Please submit as detailed within the RFP Exhibit A Scope of Work
Part B: Detailed Cost Proposal
Provide a proposed fee structure for services provided that includes the hourly rate of key project personnel and
support staff, any reimbursable and other expenses anticipated to be charged to this contract. The price proposai
should identify what level or effort and work product is expected from City staff.
Proposals should be inclusive of all costs necessary to execute this project
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Yo. LIS GEC
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TOTAL BIB
DOLLARS {$ 5 Seo. 5
(Amounts where indicated shall be shown in both words and figures. In case of discrepancy, the amount shown in
words will govern.)
Part C: Experience and Qualifications
Please submit as detailed within the RFP Exhibit A Scope of Wark
if notice of acceptance of this proposal is given to the undersigned within 30 days after the date of opening of
proposals, or any time thereafter before this proposal is withdrawn, the undersigned will execute and deliver a
contract in the prescribed form within 10 days after the contract has been presented ta him for signature.
Immigration Reform and Control Act of 1986: The undersigned certifies that it does not and will not during the
performance of this Contract violate the provisions of the Federal tmmigration Reform and Contro! Act of 1986,
which prohibits employment of illegal aliens
DISQUALIFICATION OF CONTRACTORS: By signing this praposal or proposal, the undersigned certifies that this
person/firm/corporation is not currently barred from bidding on contracts by any Agency of the State of New
Hampshire, nor is this person/firm/corporation a part of any firm/corporation that is currently barred from bidding
on contracts by any Agency of the State of New Hampshire.
Either the undersigned or one of the fatlowing individuals, if any, is authorized to modify this proposal prior to the
deadline for receipt of proposals by writing the modification and signing his name on the face of the proposal, on
the envelope in which it is enclosed, on a separate document, or on a document which is faxed to the City or by
sending the City’s representative an e-mail. message:
a) THE CITY OF NASHUA The Gate City’
Adrrarustrative Service 5
Puechasing De pertrre st
Addendum 1
RFP O718-022322
Public Access Television Operations and Management
February 10, 2022
Information included in this document becomes a part of the original RFP
if you are submitting a paper bid, please sign below to indicate receipt of this additional information and
include th’s page with your bid submittal. If you are submitting a proposal via Bid Express please be sure to
acknowledge the addendum on the website before submitting your proposal.
Addendum 1 Is being issued to modify the bidding documents to include the pre-bid meeting notes and
questions and answers received from potential bidders with the initial RFP.
All other aspects of the original document remain the same.
Please sign and return this page with your submitted proposal. Failure to acknowledge the addendum will
result in the bid submittal being disqualified.
1 acknowledge that Addendum 1 has been received and incorporated into bid submittal! for RFP
0718-022322.
rin
Cy :
Authorized Signature-- 2 chert BARTS
2/34 /vd9-
BYBTV LLC
Name of Firm
229 Main Street * Nashua, New Hampshire 03061 » Phone (603) 589-3330 + Fax (603)
589-3233
