Eastern New Mexico University, a state educational institution formed under the laws of the State of New Mexico, hereinafter called and Peter C. Mallery, a professional hereinafter called the ?Consultant? agree: 1. Recitals. Pursuant to a Request for Proposals, the Consultant submitted a proposal for Legislative Consulting and Lobbyist Services to ENMU. ENMU has determined the proposal of the Consultant is in the best interests of ENMU and the Consultant is willing to accept this assignment under the terms of this Agreement. The Request for Proposal #213 dated May 11, 2011, which is incorporated herein this Agreement by this reference. A. Consultant will provide the legislative representation and legislative relations services at the direction of the President of the University, here after refer to "Contact Person". The Contractor will provide his/her own office and support for this assignment. Consultant agrees to represent the University during regular and special sessions of the New Mexico Legislature, and at interim legislative committee meetings and hearings as necessary during the term of the contract, and to serve as the University liaison with members of the legislator during and between legislative sessions (hereafter the ?Session?) and to perform the following duties: Consultant will work with appropriate individuals from other institutions of higher education and with the Higher Education Department to coordinate legislative activities on behalf of higher education. Consultant will maintain regular, frequent contact with ENMU officials in order to exchange information and to present the positions of the University on issues and legislation before the legislature. Work closely with University officials and, as appropriate, with representatives of student, faculty, staff and alumni, to insure that appropriate individuals are effectively utilized to present the University's positions to individual legislators and legislative committees. Consultant will guide the development and implementation of the University's legislative strategy throughout the term of the contract including preparation for legislative sessions, activity during legislative sessions, involvement with interim committees and legislative staffs, coordination of legislative relations with other university?s relations functions, ongoing interaction with legislators on matters of concern to the University. Prior to the Session, Consultant will work with the Contact Person, the designated ENMU personnel and other representatives of ENMU, to narrow and define issues of concern to ENMU and to understand University priorities. Consultant will keep the Contact Person advised as to the status of bills of importance to ENMU and will provide ENMU with information as to the dates and times of all committee hearings on the bills which are indicated by the Contact Person to the Consultant as of importance to ENMU as soon as possible after they are scheduled for hearing. Consultant will exert his best efforts to promote the passage and signing of legislation beneficial to ENMU and to promote the defeat or veto of any legislation that would impact negatively on ENMU. 8. Consultant will provide on-going reports to the Contact Person, regarding progress being made on and status of all bills, which have been indicated to the Consultant as of importance to ENMU. 9. Consultant will contact, with all due diligence, legislative staff the Governor's staff and legislators, including but not limited to, key legislators and committee chairpersons to explain bills and to solicit support for or against legislation indicated as of importance to ENMU. 10. In the absence of the Contact Person, or the designated ENMU personnel, consultant will appear before standing legislative committees to make presentations in support of or in opposition to legislation indicated as of importance to ENMU. 11. Consultant will pursue other areas of negotiation requested by ENMU in furtherance of or opposition to bills indicated to Consultant as of importance to and will coordinate activities with other university legislative consultants and representatives to the extent that this is in interest. 12. Within 30 days after the end of the Legislative Session, the Consultant shall provide a written and oral report to ENMU concerning his activities during the legislative session. Compensation. For services rendered, Consultant will be paid $40,000 plus applicable gross receipts tax, for providing the legislative consultant and lobbying services described in RFP plus $1050 per session in expenses. The fixed fee and expense money include all travel expenses between Albuquerque and Santa Fe, lodging expenses during the legislative session and customary entertainment expenses. Included in the fixed fee and expense dollars are contributions to traditional ?non? political? entertainment, such as the House Bill 100 Party, The University will be responsible for cost relating to legislative bills and bill locator sets during the legislative session and courier service between Portales and Santa Fe for their delivery. The total contract price from date of award to June 30, 2012 is $41,050 plus applicable taxes. Term. The term of this contract is from the date of execution through June 30, 2012 and includes the thirty?day legislative session. The contract may be renewed at the option of the University for an additional three additional one year periods. Termination. The agreement may be terminated by either of the parties upon written notice delivered to the other party at least thirty (30) days prior to the termination. Neither party may nullify obligations or liabilities already incurred for performance or for failure to perform prior to the date of termination. Status of Contractor. Consultant and his agents and employees, are independent contractors performing professional service for ENMU and are not employees of ENMU. The Contractor and his agents or employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of ENMU by virtue of the contract. Warranty. The Consultant warrants that the recommendations, guidance and performance of any person assigned under the contract shall be in accordance with sound professional standards and contract requirements. Assignment and Subcontracting. The Consultant shall not assign or transfer any interest in the contract nor shall the Consultant subcontract any portion of the services to be performed under the contract, without the written approval of ENMU. The Consultant shall not have authority to enter into any agreement binding upon ENMU or to create any obligation on the part of ENMU except such as shall be specifically authorized by the Contact Person. Conflict of Interest. The Consultant shall warrant that he 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 this contract. The Consultant shall comply with the provisions of Section 10-16-12 NMSA 1978, which requires disclosure to the Office of the Secretary of State of amounts received under state contracts when and if such provisions become applicable. Records and Audit. The Consultant shall maintain detailed time records which indicate the date, time and nature of services rendered. These records shall be subject to inspection by ENMU, its representatives, and the State Auditor. ENMU, its representatives, and the State Auditor shall have the right to audit billings both before and after payment. Payment under the contract shall not negate the right of ENMU to recover excessive and/or illegal payments. ENMU, its representatives, and the State Auditor shall have access to and the right to examine pertinent records, books, and documents and papers of the Consultant for a period of three years after final payment under this contract. Release. The Consultant shall, upon final payment of the amount due under this contract, release ENMU, its officers and employee and the State of New Mexico from liabilities, claims and obligations whatsoever arising from or under this contract. Confidentiality. Any information developed or acquired by the Consultant in the performance of the contract shall be kept confidential and shall not be made available to any individual or organization without the prior written approval of ENMU. Product of Services; Copyright. Nothing produced, in whole or in part, by the Consultant under the contract shall be the subject of any application for copyright by or on behalf of the Consultant. Ownership of Materials. The Consultant will agree that all materials used to produce the University?s forms will be the property of the University and will be returned to the University upon request. Amendment. The contract shall not be attered, changed, or amended except by an instrument in writing executed by the parties. Applicable Laws. The contract shall be governed by the laws of the State of New Mexico. Waiver. The contract shall contain a provision that no waiver of breach of contract or of terms or conditions shall be held to be a waiver of any other or subsequent breach; nor shail any waiver be valid, alleged or binding unless the same shall be in writing and signed by party alleged to have granted the waiver. Appropriations. The terms of the contract are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico or other funding agency. If sufficient appropriations and authorization are not made by the Legislature or other funding agency, the contract shall, notwithstanding any other provisions of the contract, terminate immediately upon Consultant?s receipt of written notice of termination from ENMU. ENMU's decision as to whether sufficient appropriations are available shall be accepted by the Consultant as final. T. Equal Opportunity Compliance. The Consultant shall agree to abide by all Federal and State laws pertaining to equal employment opportunity. In accordance with all such laws the Consultant shall agree to assure that no person shall, on the grounds of race, color, national origin, sec, age or handicap, be excluded from employment, be denied benefits or be subjected to discrimination under this agreement. If the Consultant is found to be in noncompliance with these requirements, the Consultant shall take appropriate steps to correct these deficiencies. U. Notice. The New Mexico Procurement Code, Sections 13-1?28 through 13?1?199 NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kick- backs. IN WITNESS WHEREOF, parties have executed this Agreement as of the last date of signature listed below. I EAST NE ICOU IVERSITY (xi/cal, 20/ Mm Peter CulVlallery STei'Ien G. Gamble, President 5 6?90"? Date Date w/ Sco?mart, President of Business Affairs Date RICNEVVAL AGREEMENT 2nd Year Eastern New Mexico University. a state educational institution formed under the laws of the State of New Mexico. hereinafter callet and Peter C. Mallery, hereinafter called the ?Consultant? agrees: I. Recitals. ENMU and Consultant entered into an Agreement effective June 20, 2011 and ending June 19. 20l2 for Consultant to provide Legislative Consulting Services to ENMU as set forth in the Agreement. As per RFP 213, the Agreement was for a term of four (4) one (1) year periods. renewed yearly ifagreed upon by both parties. 2. The parties wish to renew the Agreement subject to the same terms and conditions except as set forth below. 3. Term. The term of this Renewal Agreement shall be for one (5) year effective June 20. 2012. The agreement shall be in effect until June 19, 2013. unless either party shall give notice of termination in accordance with the Agreement and may be further renewed only in accordance with the New Mexico Procurement Code. All other terms of the Agreement shall remain in full force and effect(N. Date: Lg. jg, [are Peter C. Mali?ry, Consultant Grazriz? Date: Scot mart, Vict?esident of Business Affairs \4 Jane Blakeley. Purchasing (initials) NEW RENEWAL AGREEMENT . 3rd Year Eastern New Mexico University, a state educational institution formed under the laws ofthe State of New Mexico. hereinafter called and Peter C. Mallery. hereinafter called the "Consultant" agrees: l. Recitals. ENMU and Consultant entered into an Agreement effective June 20, 201 and ending June l9. 2012 for Consultant to provide Legislative Consulting Services to ENM as set forth in the Agreement. As per RFP 2I3, the Agreement was for a term of four (4) one (1) year periods. renewed yearly if agreed upon by both parties. The parties wish to renew the Agreement subject to the same terms and conditions except as set forth below. 3. Term. The term of this Renewal Agreement shall be for one (1) year effective June 20. 2013. The agreement shall be in effect until June I9. 20?. unless either party shall give notice of termination in accordance with the Agreement and may be further renewed only in accordance with the New Mexico Procurement Code. All other terms of the Agreement shall remain in full force and effect{Lia 1 {rwr Lori-1; 2L Date: g! i] i! Peter C. Mallery. Consultant 7 v? Date: 6 By I W4 Scott ?iart, Vice-P?ident of Business Affairs _r .1 By Brad Kem pe r. Purchasing (initials) RENEWAL AGREEMENT 4th Year Eastern New Mexico University, a state educational institution formed under the laws of the State of New Mexico, hereinafter called and Peter C. Mallory, hereinafter called the ?Consultant? agrees: 1. Recitals. ENMU and Consultant entered into an Agreement effective June 20, 2011 and ending June 19, 2012 for the Consultant to provide Legislative Consulting Services to ENMU, as set forth in the Agreement. As per RFP 213, the Agreement was for a term of four (4) one (1) year periods, renewed yearly if agreed upon by both parties. 2. The parties wish to renew the Agreement subject to the same terms and conditions except as set forth below. 3. Term. The term of this Renewal Agreement shall be for one (1) year effective June 20, 2014, through June 19, 2015 unless either party shall give notice of termination in accordance with the Agreement and may be further renewed only in accordance with the New Mexico Procurement Code. All other terms of the Agreement shall remain in full force and effect. By "av/Z; W74 Date: Zd/j? Peter C. Malling Consultant 6' EASTERN MEXICO UNIVERSITY By Date: I I Scott art, Vice Presidwrn?l' Business Affairs By Brad ?Kem per, Director of Purchasing (initials) RENEWAL AGREEMENT 4th Year Eastern New Mexico University, a state educational institution formed under the laws of the State of New Mexico, hereinafter called and Peter C. Mallory, hereinafter called the ?Consultant? agrees: 1. Recitals. ENMU and Consultant entered into an Agreement effective June 20, 2011 and ending June 19, 2012 for the Consultant to provide Legislative Consulting Services to ENMU, as set forth in the Agreement. As per RFP 213, the Agreement was for a term of four (4) one (1) year periods, renewed yearly if agreed upon by both parties. 2. The parties wish to renew the Agreement subject to the same terms and conditions except as set forth below. 3. Term. The term of this Renewal Agreement shall be for one (1) year effective June 20, 2014, through June 19, 2015 unless either party shall give notice of termination in accordance with the Agreement and may be further renewed only in accordance with the New Mexico Procurement Code. All other terms of the Agreement shall remain in full force and effect. By 4 Date: gm 24} 2a?? Peter C. Consultant 3 EASTERN . MEXICO UNIVERSITY Date: Scott art, Vice Presiann?rBusiness Affairs I By Brad 'Kemper, Director of Purchasing (initials) BY