Professional Services Agreement Between Santa Fe Community College and Virginia Vigil Contract Number: 14/15 - 1416 ?erce SANTA FE COMMUNITY COLLEGE Professions} Services ?greemem Rev. 8520 TABLE OF CONTENTS Article Title Page Title Page 1 Table of Contents 2 1 Definitions 3 2 Scope of Work 3 3 Term 4 4 Utilization 4 5 Acceptance 4 6 Payment 8: Invoicing 4 7 Representations Warranties 5 8 Cooperation 5 9 Intellectual Property Rights 5 10 Ownership of Deliverables 6 11 Data Protection Privacy 6 12 Gramm?Leach-Bliley Act 6 13 Training 7 14 Termination 7 15 Consequences of Termination 7 16 Workplace Safety 8 17 Force Majeure 8 18 Insurance 8 19 Compliance with State and Federal Laws 8 20 Assignment 8 21 Confidentiality 8 22 Laws of Governance 8 23 Funding 9 24 Taxes 9 25 Indemnification 9 26 Subcontractors 9 27 Severability 9 28 Notices 9-10 Signature Page 11 Exhibit 1 Scope of Work (Attachment A1) 12 Attachment A Pricing Sheet 13 Attachment Training (If applicable) 14 Attachment Campaign Contribution Disclosure 15-17 This Contract is effective as of July 1 2014 ("Effective Date?), by and between PROFESSIONAL SERVICES AGREEMENT VIRGINIA VIGIL a (state) Corporation, with its principal place of business at 3153 La Paz Lane, Santa Fe, New Mexico and Santa Fe Community College located at 6401 Richards Avenue, Santa Fe, New Mexico, 87508-4887. WITN ESSETH: WHEREAS, VENDOR has indicated an interest and ability to provide professional services to the and WHEREAS, the COLLEGE has indicated interest in utilizing the VENDOR to supply and deliver such professional services. NOW, THEREFORE, in consideration of the mutual promises and obligations of the parties, they hereby contract as follows: 1. Definitions a) h) ?Agreement? means the agreement between COLLEGE and VENDOR consisting of the Purchase Order, these Terms and Conditions, the Specification, and any other documents {or parts thereof) specified in the Purchase Order or otherwise expressly incorporating these Terms and Conditions. "Authorized Representative? means the individual named by the COLLEGE to be the single point of contact for all implementation and operations that occur through the use of this contract. "Deliverabie(s)? means any and all documents, reports, findings, work, timetables, plans, and any other defined tasks specifically listed in the RFP or created from the specifications listed in the RFP. ?Intellectual Property Rights? means patents, registered designs, trademarks and service marks (whether registered or not), domain names, copyrights, database rights, moral rights, design rights and any and all similar property rights including those subsisting (in any part of the world) in inventions, designs, drawings, computer programs, confidential information, business names, goodwill and in applications for protection of the above rights. "Purchase Order? means purchase order submitted to VENDOR setting out requirements for Services. "Services" means the services to be provided by the VENDOR pursuant to this Agreement. "Specification(s)? means the specification(s) separately documented by COLLEGE in writing that set out the performance required of the Services. ?Terms and Conditions? means the terms and conditions set out in this document. 2. Scope of Work a) The specifications are listed in Exhibit 1 will be construed as a minimum. However, the COLLEGE reserves the right to consider and request additional services from the VENDOR. All requirements and VENDOR responses to the RFP are included by reference. The COLLEGE will notify VENDOR of its desire to order Services utilizing this Contract through the issuance of a Purchase Order itemizing the Services and Deliverables that are required. Each PO will reference the specific Services to be purchased at that time. These Terms and Conditions and other matters appearing on the PO will apply to the purchase of all Services set out on the PO, by COLLEGE from VENDOR, to the exclusion of all other terms and conditions, including any terms or conditions that VENDOR may purport to apply or that are endorsed upon any correspondence or documents issued by VENDOR irrespective of their date of communication to COLLEGE. Acceptance of the Purchase Order constitutes acceptance of these Terms and Conditions and any schedules attached. 3. Term Individual PCs will be issued by the Vice President for Finance and Administration POs will be issued as often as the VPFA deems necessary. PCs will include all deliverables as well as dates for the completion ofthe deliverables. Blanket PCs will enable the creation of projects with multiple deliverables or deliverables that are completed in scheduled stages. VENDOR shall complete the Campaign Contribution Disclosure form (Attachment C) as required by Section 13? NIVISA 1978 of the New Mexico Procurement Code. This Agreement will commence as of the Effective Date and will continue in force for a period of one year(s) (?Expiration Date?), unless it is terminated by either party pursuant to the terms of Article 14 herein. Termination will be effective on the Expiration Date, unless sooner terminated pursuant to Article 14 of this Agreement. This Agreement will supersede, terminate, and replace any prior agreements entered into by the parties relating to services. 4. Utilization The COLLEGE neither implies nor guarantees a specific level of usage under this Contract. The COLLEGE reserves the right to increase Services due to unanticipated higher demand or decrease Services due to unanticipated lower demand or unsatisfactory performance by VENDOR. 5. Acceptance a) Acceptance by the COLLEGE of any Deliverable will not relieve VENDOR of any guarantee or warranty, express or implied. Such acceptance will not be considered an acceptance of Deliverables not in accordance with Specifications. In the event a Deliverable fails to be completed by a deadline mutually agreed by the VENDOR and the COLLEGE, the Deliverable may be rejected. In the event of a rejection in accordance this Section 5, COLLEGE will notify VENDOR in writing, and the payment obligation in relation to any affected Deliverable will be suspended. The COLLEGE will notify the VENDOR directly of any Deliverable that does not meet the Specifications. The VENDOR may be given the opportunity to correct the Deliverable at expense, or the COLLEGE may reject it outright. 6. Payment and Invoicing a) bl c) d) e) Unit prices for each Deliverable will be as set forth in Attachment A. For any additional Services requested by the COLLEGE, VENDOR will provide a discount to the COLLEGE that is comparable to the discount given on original Deliverables. Any increase in the price for any reason will be subject to the express prior written consent of COLLEGE. Upon acceptance of the Services by COLLEGE, the VENDOR will submit invoices to COLLEGE for payment of the Services and any other charges due hereunder. The correct Purchase Order number must be quoted on all invoices, and COLLEGE will accept no liability whatsoever for invoices, delivery notes or other communications that do not bear such Purchase Order numbers. In the event COLLEGE reasonably considers that any invoice submitted by the VENDOR is inaccurate or relates to Services performed other than in accordance with the obligations under this Agreement, COLLEGE will be entitled to withhold payment of the dispute amount without prejudice to any other rights or remedies it may have. COLLEGE will notify the VENDOR of any dispute within fourteen days of receipt of the invoice. COLLEGE and the VENDOR will attempt to settle such dispute in good faith within fourteen days of such notification failing which the parties will have all rights and remedies available at law. The COLLEGE will pay VENDOR within thirty (30) days of receiving an invoice provided the invoices are properly documented, as determined by the budgetary and fiscal guidelines of the COLLEGE, and provided the Services invoiced are in accordance with Specifications. Except as otherwise agreed to, a late payment charge may be assessed against the COLLEGE in the amount and under the conditions set forth in Section 13?1?158 NMSA 1978 of the New Mexico Procurement Code. 7. Representations and Warranties a) d) 8) VENDOR warrants and represents to COLLEGE that any Services performed by VENDOR or duly appointed subcontractor will be performed: i. In a good and workmanlike fashion and with all due speed, care, skill and diligence; ii. In accordance with the Contract and with current industry standard codes of practice; In accordance with the Specifications or any modifications that may be agreed in writing; and iv. In such a way as not to cause any interruption to the business processes of COLLEGE (other than any agreed and unavoidable interruption that is required in order to perform the Services in a proper and efficient manner). VENDOR represents and warrants that it has the staff, facilities, and expertise to perform the Services competently and in a professional manner and within the time frames described herein. VENDOR represents that none of officers or employees is an employee ofthe COLLEGE nor is an immediate family member of a COLLEGE employee who participated directly or indirectly in the advertising, selection, or awarding of this Contract (Section 13?1?190 NMSA 1978 of the New Mexico Procurement Code}. VENDOR will ensure that all of its personnel and subcontractors are suitably qualified to perform the Services and that all necessary licenses, work permits or other authorizations have been obtained. If the VENDOR has failed to perform the Services (or any part thereof) due to a breach of the obligations in this Agreement, COLLEGE will be entitled {without prejudice to any other rights or remedies it may have), at its option; to require the VENDOR to remedy such breach by re-executing the relevant part of the Services; or to require the VENDOR to repay our credit to COLLEGE that part of the charges paid by COLLEGE to the VENDOR relating to the provision of the relevant part of the Services. COLLEGE will have the right exercisable during the performance of the Services to suspend any payment obligation in respect of the Services if the performance does not conform in quality with any stipulations in the Agreement or if the performance is delayed. If the Services do not conform with the Agreement, COLLEGE will have the right to purchase Services from elsewhere that nearly as practicable conform to the Agreement, and any extra expense incurred will be paid by VENDOR to COLLEGE. Before exercising such right to purchase the Services from an alternative source, COLLEGE will give VENDOR an opportunity to replace the Services in respect of which payment was cancelled with Services that conform with the Agreement. VENDOR represents and warrants that its activities on behalf of the COLLEGE hereunder are not in conflict with other contractual obligations. 8. Cooperation COLLEGE will cooperate with and render necessary assistance and advice to VENDOR as required hereunder. 9. Intellectual Property Rights a) VENDOR agrees to indemnify, defend and hold harmless the COLLEGE and its officers, governing board and employees from and against all damages, liabilities, obligations, losses, deficiencies, actions, costs (including reasonable attorney?s fees and expenses), demands, suits, judgments, or assessments (hereafter "Claims"} arising out of, directly or indirectly, any claim by a third party that the provision of the Services by the VENDOR or the use by or on behalf of COLLEGE of any assets used or provided by the VENDOR in connection with the performance of the Services infringes the Intellectual Property Rights of that third party. b) COLLEGE retains Intellectual Property Rights in, and ownership of all materials, plans, drawings, Specification, patterns and/or designs provided by COLLEGE to VENDOR, and they will all be returned at any time in good condition to COLLEGE at request. C) intellectual Property Rights arising during or out of the provision of Services will be and remain the property of COLLEGE. 10. Ownership of Deliverables a) COLLEGE owns the final product resulting from the Agreement. You assign to COLLEGE all right, title and interest in your work product. 11. Data Protection Privacy a) To the extent that the VENDOR, in providing any Services under the Agreement, ?processes? (where ?processes? includes obtaining, organizing, storing, accessing, using, disclosing or adapting, and "processed" and ?processing? will be construed accordingly) any COLLEGE information that constitutes ?personal data? within the meaning of the Family Educational Rights and Privacy Act of 1974 or ?protected health information? under the Health Insurance Portability and Accountability Act of 1996 the VENDOR will ensure that all such personal data is kept secure, and in accordance with all relevant legislation, and will; i. Ensure, before processing any such personal data or protected health information, that adequate technical and organizational controls are in place to; ii. Prevent unauthorized or unlawful processing of any such personal data or protected health information it may hold; and Protect any such personal data or protected health information from accidental loss, damage or destruction; and iv. Act only on the instructions of COLLEGE when processing such personal data or protected health information, including ensuring that such personal data or protected health information is used only as authorized by COLLEGE, or by this Contract. b) The VENDOR will not process or transfer any personal data or protected health information to any third party without the prior written consent of COLLEGE, which consent may be subject to the VENDOR (or the relevant third party} entering into a data transfer agreement with COLLEGE, and entering into such other arrangements as COLLEGE may reasonably require to satisfy its requirements as a data controller under the FERPA, as amended from time to time, or to satisfy any requirements under HIPAA. c} The VENDOR agrees to indemnify and hold harmless COLLEGE against any claims, actions, costs, liabilities, losses, damages and expenses that it may suffer or incur as a result of the breach of this Section 10. 12. Gramm-Leach?Bliley Act Pursuant to the Gramm?Leach?Bliley Act and the regulations set forth at 16 CFR Part 314, the COLLEGE requires its VENDORS to implement and maintain appropriate safeguards for the protection of Customer Information. Accordingly, the VENDOR shall implement and maintain a comprehensive information security program that contains administrative, technical and physical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of confidential Customer Information that it creates, receives, maintains, or transmits on behalf of the COLLEGE. In addition, the VENDOR will require and ensure that any of its agents, sub? contractors, or sub-consultants, to which it provides confidential Customer Information of the COLLEGE, implement appropriate security measures to protect confidential Customer Information of the COLLEGE. VENDOR shall not use or disclose covered data and information received from or created on behalf of the COLLEGE except as permitted or required by this Agreement, as required by law, or as otherwise authorized in writing by the COLLEGE. Upon becoming aware of a security breach in which COLLEGE Customer Information is used or disclosed in a manner not authorized or covered by this Agreement, including any reasonable belief that an unauthorized individual has accessed a database containing covered data and information, or in violation of any applicable state or federal laws, VENDOR will report to the COLLEGE any security incident immediately upon being aware of such a breach and take such corrective steps/action to remedy the breach as requested by the COLLEGE and required by law. Upon termination, cancellation, expiration or other conclusion of this Agreement, VENDOR shall return to the COLLEGE covered Customer Information and data unless the COLLEGE requests in writing that such Customer Information and data be destroyed. VENDOR shall complete such return or destruction not less than 30 days after the conclusion of this Agreement. Within such 30day period, VENDOR shall certify in writing to the COLLEGE that such return or destruction has been completed. To the extent return or destruction is not feasible; this Agreement shall remain in full force and effect. VENDOR means any person or entity that receives, maintains, processes, or otherwise is permitted access to Customer Information through its direct provision of services to a financial institution. The Gramm?Leach?Bliley Act broadly defines "financial institution? as any institution engaging in the financial activities enumerated under the Bank Holding Company Act of 1956, including "making, acquiring, brokering, or servicing loans? and "collection agency services?. Because higher education institutions participate in financial activities, such as processing student financial aid and student loans, FTC regulations consider them financial institutions for purposes of the Gramm-Leach-Bliley Act. Customer Information means any record containing nonpublic information as defined in 16 CFR about a customer of a Financial institution, whether in paper, electronic or other form that the COLLEGE has obtained from a customer in the process of offering a financial product or service including offering student aid and loans to students as defined in 12 CFR 225.28. Any and all Customer Information provided by the COLLEGE to the VENDOR or which the VENDOR acquires through its own efforts in rendering or providing any goods or services under this Agreement, shall be considered confidential and held in strict confidence and shall only be released to the own personnel, agents, sub-contractors and sub?consultants only to the extent necessary to provide or perform the goods and/or services required by this Agreement. Such information shall not be released by the VENDOR to any other person or organization without the prior written consent and approval of the COLLEGE. 13. Training VENDOR will provide all necessary training as approved by COLLEGE and listed in Attachment (if applicable). 14. Termination a} The COLLEGE will have the right to immediately terminate this Agreement, in whole or in part, for any reason, at any time by written notification to VENDOR, as specified in Article 28, below. b) VENDOR may terminate this Agreement, at any time, for any reason, upon thirty (30) days? prior written notice to the COLLEGE, as specified in Article 28, below. termination of this Contract will not relieve either party from full performance of any obligations incurred prior to the termination date. c) Further, in the event of termination of the Contract, notwithstanding any other terms and conditions contained herein, in no event will either party be liable to the other party for lost profits or incidental or consequential damages. 15. Consequences of Termination a) On termination of the Agreement VENDOR will, not later than seven days after notification but at cost: i. Return to COLLEGE all documents provided to VENDOR by and ii. Ensure that all documents containing Intellectual Property Rights and/or any information of a technical nature relating to the provision of Services, or of a confidential nature and supplied by COLLEGE to VENDOR, will be returned to COLLEGE or destroyed by VENDOR at option. Effective as of termination of the Agreement VENDOR will not make any use for any purpose whatsoever of any Intellectual Property Rights that is the property of COLLEGE. b) Termination will not relieve either party from any liability or action accrued prior to such termination. A fair and reasonable price will be paid for all Services in progress that have been delivered to COLLEGE. COLLEGE's liability is limited to Services in progress, and no further loss or liability will accrue on their account. 16. Workplace Safety VENDOR will, and will ensure that its staff and those of any subcontractor will, when working on any site in connection with the Agreement, comply with all applicable environmental, occupational health and safety legislation and any other appropriate standards, policies and procedures of which COLLEGE notified VENDOR. Force Maieure Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money owed) will not be considered a breach of this Contract and the time required for performance will be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God; acts of public enemies; acts of the COLLEGE, the State of New Mexico or federal government; epidemics, quarantine restrictions, insurrections; riots; embargoes, labor disputes, including strikes, lockouts, job actions, or boycotts; fires; explosions; severe weather or floods. The party so affected will give prompt notice to the other party of such cause and will take whatever reasonable steps or necessary actions to relieve the effect of such cause as rapidly as possible. The rights of the COLLEGE provided in this paragraph will not be exclusive and are in addition to other rights provided by law. 18. Insurance a) VENDOR agrees to comply with state laws and taxes pertaining to worker?s compensation benefits for its employees. If VENDOR fails to comply with the Worker?s Compensation Act and applicable taxes when required to do so, this Contract may be terminated immediately by the COLLEGE. 19. Compliance with Federal and State Laws a) VENDOR certifies and agrees by this Contract to comply and act in accordance with all applicable provisions of the federal Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the New Mexico Human Rights Act and all other applicable federal statutes and executive orders, New Mexico statutes and the City of Santa Fe ordinances relating to the enforcement of civil rights all as amended from time to time. b) 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 bribes, gratuities and kickbacks. 20. Assignment rights and obligations under the Agreement may not be assigned in whole or in part without the prior written consent of COLLEGE (acting in its sole discretion) and any such consent will not be deemed to relieve VENDOR of any of its obligations and'liability to COLLEGE pursuant to the Agreement. 21. Confidentiality The work results and the reports will be considered confidential and proprietary and cannot be released by the VENDOR without prior written consent of the COLLEGE. 22. Laws of Governance The Contract shall be construed and governed in accordance with the law of the State of New Mexico and the City of Santa Fe. 23. Funding The terms of this Contract are contingent upon sufficient appropriation and authorization being made by the Legislature of New Mexico for the performance of this Contract. The decision as to whether sufficient appropriations are available will be accepted by VENDOR and will be final. 24. Taxes VENDOR will be responsible for the payment of all taxes that may be due as a result of any payment made pursuant to this Contract. VENDOR further agrees to indemnify and hold the COLLEGE harmless from any and all liability that may arise should the COLLEGE be assessed any tax or penalty arising from the failure to pay any taxes due as a result of payment pursuant to this Contract. 25. Indemnification a) In addition to any and all other indemnification and remedies provided herein, VENDOR agrees to indemnify, defend and hold harmless the COLLEGE and its officers, governing board, and employees from and against any and all damages, liabilities, obligations, losses, deficiencies, actions, costs (including reasonable attorneys? fees and expenses), demands, suits, judgments, or assessments {hereafter "Claims") arising out of negligence in the performance of this Contract; (ii) any defect in the Services any acts or omissions of VENDOR, its employees, subcontractors, or agents in connection with the performance of this Contract; or (iv) any breach of this Contract by VENDOR, its employees, subcontractors, or agents. In the event of any Claim to which this indemnification applies, the COLLEGE will notify VENDOR of such Claim pursuant to the notice provisions of Article 24; provided, however, the failure to give such notice will not relieve VENDOR from its indemnification obligations. This obligation will survive termination or expiration of this Contract. b] To the extent Section 56-7-1 NMSA applies, this indemnity will not extend to liability, claims, damages to property caused by or resulting from, in whole or in part, the negligence, act or omission of the COLLEGE. 26. Subcontractors VENDOR will not, without the prior written consent of COLLEGE, appoint any subcontractor or any person or persons to carry out its obligations under the Agreement. In the event that VENDOR appoints a subcontractor or other person to perform its obligations it will remain liable to COLLEGE for the performance of all its obligations and will ensure that any such subcontractor or other person agrees to be bound by terms equivalent to those in this Agreement. 27. Severability Any provision of these Terms and Conditions which is declared void or unenforceable by any competent authority or court will to the extent of such invalidity or unenforceability be deemed severable and will not affect the other provisions of these Terms and Conditions, which will continue unaffected. 28. Notices All notices required or permitted to be given under this Contract will be in writing and will be deemed given when delivered personally, by facsimile, or when sent by registered or certified mail, return receipt requested, addressed to the address set forth below. If notice is sent by registered or certified mail, postage will be prepaid. Notices may also be transmitted electronically between the parties provided that proper arrangements are made in advance to facilitate such communications and provide for their security and verification. If to VENDOR: Virginia Vigil 3153 La Paz Lane Santa Fe, NM 87507 Phone: (505) 490-2004 Email: mwigil1@g.com if to the COLLEGE: Santa Fe Community College 6401 Richards Avenue, Santa Fe, New Mexico, 875084887 Attention: Randy Grissom, interim President Phone: (505) 428-1641 Email: randy.grissom@sfcc.edu Either party may change its address at any time by giving notice to the other party in the manner specified herein. APPEAR ON THE NEXT ?Eerviw'v agreement Rm. 851%} E. 2.1 IN WITNESS WHEREOF, the parties have hereunto signed this Agreement effective the day and year first above written. Vendor Santa Fe Communlt College Ra, Name: Randy Grissom Name: Vir Title: Interim President Title: Legislative Liaison Vendor: By slgning this agreement certify that I am not currently an employee of Santa Fe Community College. . .5 twee-5:23 ?ag-graftsmen? l2. {st-1 3 5.: Exhibit 1 - Scope of Work Description of all Tasks/Activities (be as specific as possible): See Contract for Scope of Work (attachment Expected Results {outcomes or products): Method of Evaluation (to assess if the contracted services have been performed): Note: if this PSA is funded by a grant, a grant title and funding source is required to be included. Attachment A Pricing Sheet Agreed Upon Cost: $35,000.00 Billings as follows: Qer PSA billing statement Paid quarterly: Date: September30,2014 Amount: $8,750.00 Date: December 31, 2014 Amount: $8,750.00 Date: March 31, 2015 Amount: $8,750.00 Date: June 30, 2015 Amount: $8,750.00 Invoices to be sent to: Randy Grissom, Interim President Santa Fe Community College 6401 Richards Avenue Santa Fe, NM 87508 Payments to be sent to: Virginia Vigil 3153 La Paz Lane Santa Fe, NM 87507 QM Virginia Vigil Interim President Legislative Liaison Date: Date: 3f a Rafi; mi} i Exhibit CONTRACT FOR LOBBYING SERVICES FOR THE SANTA FE COMMUNITY COLLEGE Between the Santa Fe Community College (College) and Virginia Vigil (Contractor) Conduct lobbying and advocacy activities from July 1, 2014 through June 30, 2015, including the 2014 interim committees; the 2015 legislative session; and the beginning interim committees in 2015. General Provisions: Both the Contractor and the College agree to abide by all federal, state and local laws and administrative rules that apply to the provision of the services identi?ed in this Agreement. No waiver, amendment or modification of this Agreement shall be valid or binding unless written and signed by both parties. Waiver by either party of any breach or default of any clause of this Agreement by the other party shall not operate as a waiver of any previous or future default or breach of the same or different clause of this Agreement. This Agreement shall be interpreted pursuant to the laws of the State of New Mexico. Any arbitration or litigation between the parties shall be conducted in Santa Fe County, New Mexico. If any provision of this Agreement is held void or unenforceable, the remaining provisions shall never the less be effective, the intent being to effectuate this Agreement to the fullest extent possible. The Contractor is deemed an independent contractor. The College or the Contractor may terminate this Agreement any time upon 30 days written notice to either party. During the term of this Agreement, the Contractor agrees not to contract with other clients whose interests are in direct conflict with the mission and or legislative agenda of the College. The parties acknowledge that there is a remote potential for occasional conflicts of interest between the position of the College and those of the Contractor?s other clients or the County of Santa Fe concerning legislative matters. The Contractor will make every effort to identify these conflicts to bring to the attention of the College and to resolve such conflicts in consultation with the CoHege. Contracf_ Virginia VigiLiLobbying Services 2014?15 Rev 07.01.14 Scope of Work: 1. Monitor legislative interim committees meeting from July 1, 2014 through June 30, 2015 for relevant College issues. a. Assist the President and staff in coordinating their attendance at legislative and other public entity hearings, work sessions and regular meetings. b. Coordinate college president/staff making presentations before the appropriate interim committees. c. Work with SFCC President (or designee) to assure immediate access to staff decision-makers during the legislative session and agree upon a process for lobbyist decision?making. d. Notify appropriate members of SFCC administrative staff (and President?s secretary) to activate meetings, phone calls and letter writing campaigns when necessary. 2. Maintain the College?s presence with all local and state elected bodies and with state agencies with an educational delivery/training capacity/interest and those with a local economic and workforce development focus. 3. Assist the President and his staff with policy analysis of pending educational and economic development initiatives that might impact the College or the College?s service area, including the preparation of public statements for release through the Office of Marketing and Public Relations. 4. Provide workshop for SFCC governing board members if desired. This workshop would include information on the process for bill passage, how members can get involved before and during the session, how to contact legislators, web page info, process of phone calling, letter writing, etc. 5. Assist the President in keeping local legislators and all other elected officials of the City of Santa Fe and Santa Fe County informed of College activities, and the College?s capacity to collaborate or facilitate the development and delivery of educational instruction and training services. 6. Initiate/attend interim committee meetings representing SFCC on higher education issues and attend meetings at SFCC as requested. 7. Lobby governor?s office to assure signing of any legislation that is passed by the legislature. 8. Provide periodic reports prior to the legislative session of 2015. Provide weekly reports during legislative session on status of legislation. Provide final report on activities after legislative session. All reports shall be to the President of SFCC, although informal information sharing with SFCC Coniract_ Virginia VigiLLobbying Services 201445 Rev 07.01.14 governing board members and/or administrative staff of SFCC is not discouraged. Conduct other related tasks as agreed upon by both parties. Agreed Upon Cost: $35,000.00 Billings as follows: Der PSA Invoices to be sent to: Randy Grissom, Interim President Santa Fe Community College 6401 Richards Avenue Santa Fe, NM 87508 Payments to be sent to: Virginia Vigil 3153 La Paz Lane Santa Fe, NM 87507 Randy ssom Virgi?a Vigil President Legislative Liaison Date; 843'?! Date: Contract; Virginia Vigil_Lobbying Services 2014-15 Rev 07.01.14 Attachment Training (if applicable) Attachment CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to NMSA 1978, 13-1-191.l (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency or local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The pr05pective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the two year period. Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official?s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following definitions apply: ?Applicable public official? means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal. ?Campaign Contribution? means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in~kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that official?s behalf for the purpose of electing the official to either statewide or local office. "Campaign Contribution? includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. ?Family member? means Spouse, father, mother, child, father-in-law, mother-in?law, daughter-in-law or son-in? law. "Pendency of the procurement process? means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. ?Person? means any corporation, partnership, individual, joint venture, association or any other private legal entity. "Prospective contractor? means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor. DISCLOSURE OF CONTRIBUTIONS: Contribution Made By: Relation to Prospective Contractor: Name of Applicable Public Official: Date Contribution(s) Made: Amountls) of Contribution(s) Nature of Contribution(s) Purpose of Contribution(s) (Attach trapages if necessary I) NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative. Signature Date Title (Position) W-S (Rev. January 2011) Department of the Treasury Internal Revenue Service Name as shown on your ichax?retum) .. (brig Business name/disregarded entity-narth different from aboveKJ LL37 Check appropriate box for federal tax ClaSSiflCEilion (fequfEdi? Individualrsole proprietor Print or type Other (see instructions) Request for Taxpayer identification Number and Certification Corporation mited liability company. Enter the tax classification corporation. corporation. Pzpartnership) Give Form to the requester. Do not send to the IRS. Corporation I: Partnership El Trust/estate ??d?ess (hum r. street. and apt. or suite no.) ares pit; lane Requester's name and address {optional} City. state, and ZIP code email, Mia/l See Spepific Instructions on page 2. List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name to avoid backup withholding. For individuals, this is your social security number (SSN). However. for a resident alien, sole proprietor. or disregarded entity. see the Part I instructions on page 3. For other entities. it is your employer identification number (EIN). If you do not have a numberpage 3. Note. If the account is in more than one name. see the chart on page 4 for guidelines on whose number to enter. given on the "Name" tine Social security number Employer identi?cation number TWT Certification Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me). and 2. I am not subject to backup withholding because: I am exempt from backup withholding. or have not been notified by the Internal Revenue Service (IRS) that i am subject to backup withholding as a result of a failure to report all interest or dividends. or the IRS has notified me that I am no longer subject to backup withholding. and 3. I am a US. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currentl because you have failed to report all interest and dividends on your tax return. For real estate transactions. item 2 do interest paid. acquisition or abandonment of secured property. cancellation of debt. contributions to an individual subiect to backup withholding as not apply. For mortgage retirement arrangement (IRA). and generally, payments other than interest and dividends, you are not required to sign the certification. but you must provide your correct TIN. See the instructions on page 4. Sign Signatureof i Here US. person .M Date e- General Instructions Section references are to the internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the must obtain your correct taxpayer identification number (TIN) to report. for example. income paid to you. real estate transactions. mortgage interest you paid. acquisition or abandonment of secured property, cancellation of debt. or contributions you made to an IRA. Use Form only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable. to: l. Certify that the TIN you are giving is cerrect (or you are waiting for a number to be issued) 2. Certify that you are not subject to backup withholding. or 3. Claim exemption from backup withholding if you are a US. exempt payee. If applicable. you are also certifying that as a US. personr your allocable share of any partnership income from a US. trade or business is not subject to the withholding tax on foreign partners? share of effectively connected income. 23x3 .. Note. If a requester gives y?t/a form other than Form W-9 to request your TIN. you must use the?requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes. you are considered a US. person if you are: - An individual who is a US. citizen or US. resident alien. - A partnership. corporation. company, or association created or organized in the United States or under the laws of the United States. - An estate (other than a foreign estate). or A domestic trust (as defined in Regulations section Special rules for partnerships. Partnerships that conduct a trade Or business in the United States are generally required to pay a withholding tax on any foreign partners? share of income from such business. Further. in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person. and pay the withholding tax. Therefore. it you are a US. person that is a partner in a partnership conducting a trade or business in the United States. provide Form W-9 to the partnership to establish your US. status and avoid withholding on your share of partnership income. at.l\lo.10231x Form W-9 il-?lev. 1?201 I)