II: The University of New Mexico Office of The Custodian of Public Records MSCOS 3300 Scholes Hall Room 144 1 University of New Mexico Albuquerque. NM 87131-0001 Telephone (505)277~1540 FAX (505) 277-5965 April 30, 2015 Via Email Transmission: fish@nmindepth.com Ms. Sandra Fish, Data journalist New Mexico In Depth Re: IPRA Request N0. 7646 Dear Ms. Fish: Pursuant to your request, please see the attached employment contracts for Arthur "Art" Hull 11, Joseph Thompson and Mark Saavedra. We have no contract or employee named Edward Munoz. Sincerely, . Bell Deputy University Counsel 1 Attachments t- (H I. THE REGENTS OF THE UNIVERSITY OF NEW MEXICO SERVICES AGREEMENT This Services Agreement (?Agreement?) is made this 1st day of August 2014, between The Regents of The University of New Mexico a constituent institution of the State of New Mexico, and Art V. Hull with its principal of?ce located at PO. Box 7400, Albuquerque, NM 87194 (?Consultant?). Recitals and Aggeements. UNM is in need of a consultant to provide Legislative Relations Consultant Services to the University. The Consultant has been awarded this contract to provide services to UNM upon the terms and conditions set forth herein, and the Consultant is willing to undertake the work upon such terms and conditions. The Consultant represents and warrants that the Consultant is professionally quali?ed to render the consultant services required by UNM and possess any licenses and/or certi?cates required under state or federal law to perform the services required under this Agreement. NOW, THEREFORE, UNM and the Consultant further agree as follows: 1.0 CONSULTANT SERVICES. 1.1 The Services. The Consultant shall perform those sentices (the ?Services?) described in Exhibit A to this Agreement. The Consultant shall perform the Services as expeditiously as is consistent with good professional skill and care and the orderly progress of the Services. 1.2 Services Fee. UNM will pay Consultant for services rendered at the rates set forth in Exhibit A. 1.3 Project Coordinator. The UNM Director for Government and Community Relations or designee will act as coordinator (Project Coordinator) between UNM and the Consultant. Throughout the period of the Project, copies of all correspondence, work products, speci?cations, estimates and other materials prepared by the Consultant should be directed to the Project Coordinator and also to any other UNM personnel designated by the Project Coordinator. Direct contact or communication by the Consultant with other UNM of?ces or any other state or governmental entity concerning the Project shall be made only with the prior knowledge and approval of the Project Coordinator. 1.4 Consulting Team. The professional consulting team for the Project should not change unless a change is requested by the Consultant and approved in writing by the Project Coordinator; or a change is requested in writing by the Project Coordinator for good cause, in which case the Consultant shall make an appropriate substitution, subject to approval, and notify UNM in writing. Major changes in the Consultant' s' organization or personnel (other than the consulting team) shall be reported to UNM in writing as they occur. Rev. Services Agreement Form Date February 26, 2009 . 1 2.0 PRESS EVENT PARTICIPATION. 2.1 Neither the Consultant nor any member of the Consulting Team shall issue any press release to any publication, including newspapers, without ?rst clearing the text with and receiving prior written approval from the Project Coordinator. 2.2 The Consultant must obtain the approval from the Director of Government and Community Relations any time Consultant intends to invite a UNM Faculty or Staff to participate in any political fundraiser or event. 2.3 The Consultant shall not use the word UNM or a logo of UNM as @ponsor of any political fundraiser/event. 3.0 PAYMENTS. 3.1 Payment Requests. Payment requests (invoices) shall be sent to UNM Accounts Payable Department, PO. Box 4548, Albuquerque, New Mexico 87196-4548. 3.2 Invoice Details. Invoices may be presented at the beginning of each month covering service and/or expenses incurred during the previous month. The Consultant shall furnish an original invoice, with the Purchase Order Number clearly indicated on each invoice. 3.3 Payment Dispute. No invoice will be processed if there is a dispute between UNM and the Consultant as to the current or cumulative services provided. . 3.4 No Waiver. UNM approval of periodic payments if any, to the Consultant shall not constitute, in any sense, approval or acceptance by UNM of the Project work performed through the date of the invoice or of the Consultant assertion of the percentage of the Project work completed through the date of the invoice. 3.5 Degree of Completion. When required by UNM to substantiate the degree of completion claimed in any application for periodic payments, the Consultant shall furnish UNM with copies of the documents evidencing the degree of completion claimed. 3.6 Consultant Certi?cation of Payment to Subcontractors. Upon all applications for periodic payments, excepting only the ?rst such application, the Consultant shall certify in writing to UNM under penalty of perj ury, that any subcontractors to the Consultant whose work comprised a portion of the prior application for periodic payment were paid in full within ten (10) days after Consultant received payment from UNM for such prior application. 3.7 Abandonment of Project by UNM. Should the Project be abandoned or curtailed or should UNM cancel this Agreement at any time, the Consultant shall be paid a proportionate part of the compensation due and payable to it based upon the pr0portion of the Project completed as of the termination of work hereunder. Notice of abandonment, curtailment or cancellation may be oral, but shall be con?rmed in writing within 30 days by UNM, at which time the Consultant shall immediately ?le _with UNM the ?nal date of the consultant services performed and a ?nal progress report. prayments have Rev. Services Agreement Form Date February 26, 2009 2 I exceeded the proportion of Project work completed, a refund shall be due UNM. 4.0 PROJECT MEETINGS. If requested by the Project Coordinator, ?ie Consultant shall meet as soon as possible after execution of this Agreement on at least a basis with the Project Coordinator and other UNM staff to discuss details relative to commencement of and performance of assigned Projects. 5.0 or DOCUMETS. 5.1 Ownership of Document. All documents which are prepared by the Consultant or any member of the consulting team that form a part of its services under this Agreement shall be the property of UNM and shall be delivered to UNM upon termination of this Agreement if UNM so requests . The Consultant shall be responsible for the protection and/or replacement of any original documents in its possession. UNM shall receive all original drawings and the Consultant shall retain a reproducible copy. 5.2 Work Made for Hire. For the consideration payable under this Agreement, the work product required by this Agreement shall be considered a work made for hire within the meaning of that term under the copyright laws of the United States, applicable common law and corresponding laws of other countries. UNM shall have sole right and authority to seek statutory copyright protection and to enjoy the bene?ts of ownership of the work. The party performing the work hereby assigns all rights, title and interest in and to the work to UNM and shall require all members of the consulting team to agree in writing that they assign all right, title and interest in work product required by the Agreement to UNM. 5.4 Survival of Provision. This provision shall survive expiration and termination of this agreement. 6.0 ADMINISTRATION PROVISION AND TERMS REQUIRED BY STATE PURCHASING CODE. 6.1 New Mexico Law. The laws of the State of New Mexico shall govern the interpretation and enforcement of this Agreement. 6.2 Termination for Convenience. UNM may terminate this Agreement, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The provisions of the UNM Purchasing Policies and Procedures hereunder, including the determination of rights and obligations of the parties, shall govern termination. 6.3 Termination for Default. When the Consultant has not performed or has unsatisfactorin performed the Agreement, payment shall be withheld at the discretion of the UNM. Failure on the part of a Consultant to ful?ll contractual obligations shall be considered just cause for termination of the Agreement and the Consultant'is not entitled 'to recover any costs incurred by the Consultant up to the date of termination. The provisions of UNM Purchasing Policies and Procedures hereunder, including the determination of the rights and obligations of the parties, shall govern termination. 6.4 Changes. This Agreement may be amended with the consent of both parties. Amendments may not change signi?cantly the scope of the Agreement. Rev. Services Agreement Form Date February 26, 2009 3 6.5 Disputes. This Agreement shall be subject to UNM Purchasing Policies and Procedures. Pending resolution of a claim, the Consultant shall proceed diligently with the performance of the Agreement in accordance with the UNM Purchasing Director decision. 6.6 Suspension of Work. The UNM Purchasing Director unilaterally may order the Consultant in writing to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience . 6.7 Delays and Extension of Time. The Consultant agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work speci?ed in this Agreement. Time extensions will be granted only for excusable delays that arise ?com unforeseeable causes beyond the control and without fault or negligence of the Consultant, including but not restricted to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Consultant in the performance of a contract with the State, ?res, ?oods, epidics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence or either the Consultant or the subcontractors or suppliers. 6.8 Nondiscrimination in Employment. The Consultant agrees not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or disability of a quali?ed individual with a disability and post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 7.0 INDEMNIFICATION AND SURANCE. 7.1 Indemnification. Consultant assumes the entire responsibility and liability for losses, expenses, damages, demands and claims in connection with or arising out of any actual or alleged personal injury (including death) and/or damage or destruction to property sustained or alleged to have been sustained in connection with or arising out of the goods delivered by Consultant or the performance of the work by Consultant, its agents, employees, subcontractors or Consultants, except to the extent of liability arising out of the negligent performance of the work by or willful misconduct of the University. Consultant shall indemnify, defend and hold harmless the University, its of?cers, agents, and employees from any and all liability for such losses, expenses, damages, demands, claims and judgments, including court costs and attorney? fees, which may arise out of Consultant' performance of services. Consultant will also indemnify defend and hold harmless the University against any joint and several liabilities imposed against the University with respect to strict products liability claims attributable to the fault of the Consultant. The liability of the University of New Mexico shall subject in all cases to the immunities and limitations of the New Mexico Tort Claims Act, Section 41-41~1 et seq, NMSA 1978, as amended. 7.2. Insurance. Consultant will procure and maintain during the life of this contract, Professional Liability Insurance in an amount not less than $1,000,000 each occurrence. The insurance coverage will not be canceled or materially changed except after thirty (30) says written notice has been provided to UNM. Consultant will ?nish the UNM copies of Certi?cates of Insurance showing Rev. Services Agreement Form Date February 26, 2009 4 coverage, limits of liability, covered operations, effective dates and dates of expiration of policies of insurance carried by Consultant. Said coverage will be maintained for a period of three years after the date of ?nal payment hereunder. 8.0 CERTIFICATION. The University. of New Mexico Supplier Con?ict of Interest and Debarment/Suspension Certi?cation Form has been signed, as appropriate, and is included as part of this Agreement. 9.0 INDEPENDENT CONTRACTOR STATUS 9.1 Independent Contractor. It is expressly understood that Consultant is an independent contractor and not the agent, partner or employee of UNM. Consultant shall have complete charge and responsibility for persons employed by Consultant and engaged in the performance of the speci?ed work. Neither Consultant nor any of its agents shall be treated as an employee of UNM for any purpose whatsoever. Consultant declares that Consultant has complied with all federal, state and local laws regarding business permits and licenses of any kind that may be required to carry out the said business and the tasks to be performed under this Agreement. Consultant further declares that it is engaged in the same or similar activities for other clients and that UNM is not Consultant? sole or only client or customer. 9.2 Tax Withholding. No federal, state, or local income, payroll or employment taxes of any kind shall be withheld or paid by UNM with respect to payments to or on behalf of Consultant, its agents or employees. Consultant shall withhold and pay any taxes on behalf of its employees as required by law. The payroll or employment taxes that are the subject of this paragraph include but are not limited to FICA, FUTA, federal personal income tax, state personal income tax, state disability insurance tax, and state unemployment insurance tax. If Consultant is not a corporation, Consultant further understands that Consultant may be liable for self-employment (social security) tax, to be paid by Consultant according to law. 10. ENTIRE AGREEMENT. This Agreement, with its incorporated exhibits, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, commitments, offers, contracts and writing. Any amendments or further addenda herea?er made shall be in writing and executed with the same formality. 11.0 SEVERABILITY. All terms of this Agreement are severable such that if any provision is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of the provisions shall continue to be valid and enforceable. 12.0 ASSIGNMENT. Consultant may not assign the rights or obligations under this Agreement without 3 prior written approval. Rev. Services Agreement Form Date February 26, 2009 5 13.0 NOTICES. Any notice to either partyhereunder must be in writing signed by the party giving it, addressed as follows: To Consultant: Art V. Hull Arm: Art V. Hull PO Box 7400 Albuquerque, NM 87194 To UNM: University of New Mexico Purchasing Department Attn: Chief Procurement Of?cer MSC11240 1 University of New Mexico Albuquerque,.NM 87131-0001_ 14.0 TERM. The consultant services to be provided by Consultant under this Agreement shall commence upon execution of this Agreement, and be completed by April 10, 2015. Time is of the essence in this Agreement. This term may be extended beyond such completion date if UNM agrees to the extension in writing. 15.0 CONFIDENTIALITY OF INFORMATION. Con?dential information provided by UNM to Contractor shall not be disclosed by Contractor, its officers, employees or agents, to any third party, without the express written consent of UNM. 16.0 COOPERATION AND DISPUTE RESOLUTION. The parties agree that, to the extent compatible with the separate and independent management of each, they will maintain effective liaison and close cooperation. If a diapute arises related to the obligations or performance of either party under this Agreement, representatives of the parties will meet in good faith to resolve the dispute. - 17.0 PENALTIES. The Procurement Code. Section 13-1-28 at seq. NMSA 1978, as amended imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose penalties for bribes, grammes, and kickbacks. This Agreement incorporates by reference, 8 Purchase Order terms and conditions. BY SIGNING BELOW, THE CONSULTANT CERTIFIES THAT IS AUTHORIZED TO OBLIGATE FIRM TO THE TERMS AND CONDITIONS OF THIS CONTRACT. ART/?lth PrintName: Title: at Rev. Services Agreement Form Date February 26, 2009 6 THE REGENTS OF THE UNIVERSITY - OF NEW MEXICO: By; Print Name: Bruce Chem. 71 . Title: M?wwWO??far? This contract is not a federally funded project. This contract is a federally funded project and the attached DFAR clauses apply. Rev. Services Agreement Form Date February 26, 2009 7 THE REGENTS OF THE UNIVERSITY This contract is not a federally funded project. This contract is a federally funded project and the attached DFAR blauses apply. Rev. Services Agreement Pom: Date February 26, 2009 7 EXHIBIT A DESCRIPTION OF WORK I. scorn or SERVICES. Consultant warrants that it will provide all services necessary to ful?ll the complete scope of services on this exhibit to include: . 1. Under the direction of the UNM Associate Vice President for Government and Community Relations 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 legislature during and between legislative sessions. 2. To work with appropriate individuals from other institutions of higher education and with New Mexico executive agencies and participate in coordinated lobbying efforts on behalf of higher education. . 3. To maintain regular, frequent contact with UNM in order to exchange information and to represent the positions of the University on issues and legislation before the legislature. 4. To work closely with University of?cials and, as appropriate, with representatives of student, faculty, staff, and alumni, to insure that appropriate individuals are e??ectively utilized to present the University?s positions to individual legislators and legislative committees. 5. To assist in developing and to implement 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 universities and ongoing interaction with legislators on matters of concern to the University. SERVICES FEE. A. UNM will pay Consultant for services provided under this Agreement as follows: $5,000.00 per month to include gross receipts tax Rev. Services Agreement Form Date February 26, 2009 8 (Arum-137 THE REGENTS OF THE UNIVERSITY OF NEW MEXICO SERVICES AGREEMENT This Services Agreement (?Agreement?) is made this 22nd day of August 201 1, between The Regents of The University ofNew Mexico a constituent institution of the State of New Mexico, and Thompson Consulting, LLC with its principal of?ce located. at 1041 Indian School Rd. NW, Albuquerque, NM 37104 (?Consultant?). Recitals and Aggeements. UNM is in need of a consultant to provide Legislative Relations Consultant Services to the University. The Consultant has been awarded this contract to provide services to UNM upon the terms and conditions set forth herein, and the Consultant is willing to undertake the work upon such terms and conditions. The Consultant represents and warrants that the Consultant is profwsionally quali?ed to render the consultant services required by UNM and possess any licenses and/or certi?cates required under state or federal law to perform the servicesrequired under this Agreement. The Consultant warrants that Con?ict of Interest and Debarment/Su spension Certi?cation Form has been accurately completed by Consultant. NOW, THEREFORE, UNM and the Consultant further agree as follows: 1.0 CONS MI SERVICES. 1.1 The Services. The Consultant shall perform those services (the ?Services") described in Exhibit A to this Agreement. The Consultant shall perform the Services as expeditiously as is consistent with good professional skill and care and the orderly progress of the Services. 1.2 Services Fee. UNM will pay Consultant for services rendered at the rates set forth in Exhibit A. 1.3 Project Coordinator. The UNM Director for Government and Relations or designee will act as coordinator (Project Coordinator) between UNM and the Consultant. Throughout the period of the Project, copies of all correspondence, work products, speci?cations, estimates and other materials prepared by the Consultant should be directed to the Project Coordinator and also to any other UNM personnel designated by the Project Coordinator. Direct contact or communication by the Consultant with other UNM of?ces or any other state or gorremmental entity concerning the Project shall be made only with the prior knowledge and approval of the Project Coordinator. 1.4 Consulting Team. The professional consulting team for the Project shall he the same team identi?ed in the Consultant? 3 submittal responding to solicitation unless a change is requested by the Consultant and approved in writing by the Project Coordinator; or a change is requested in writing by the Project Coordinator for good cause, in which case the Consultant shall make an appropriate substitution, subject to approval, and notify UNM inwriting. Major changes in the Consultant? organization or personnel (other than the consulting team) shall be reported to UNM in writing as they occur. 1.5 . All terms and conditions of solicitation, any amendments thereto and Consultant?s response are made apart of this Agreement unless expressly contradicted by a term or condition of this Agreement. Proposals or suggestions of the Consultant for changes in the solicitation or the terms and Rev. Services Agreement Penn Date February 26, 2009 conditions of the contract are not binding upon UNM and are not apart of this Agreement unless set forth in an amendment of the solicitation or in this Agreement and agreed to in writing by UNM. 2.0 PRESS EVENT PARTICIPATIOE. 2.1 Neither the Consultant nor any member of the Consulting Team shall issue any press release to any publication, including newspapers, without ?rst clearing the text with and receiving prior written approval from the Project Coordinator. 2.2 The Consultant must obtain the approval ?tom the Director of Government and Community Relations any tirne Consultant intends to invite a UNM Faculty or Staff to participate in any political fundraiser or event. 2.3 The Consultant shall not use the word UNM or a logo of UNM as as sponsor of any political fundraiser/event. 3.0 mommy PROGRESS REPORT AND SCHEDULES Progress Reports. The Consultant shall ?le with the Project Coordinator status report. One copy shall be forwarded to UNM in su?icient time to he received no later than the tenth day of the month immediately following the end ofthe month covered by the report. 3.2 Progress Report Details. Bach report shall include a summary of accomplishment during the past month, a projection of work to be accomplished during the month the report is ?led, and a long- range projection of work to be accomplished during the next three months. Any information required from UNM and the dates such information is necessary in order to maintain the schedule shall be speci?cally identi?ed in these reports. 3.3 Continuation of Reports. A report shall be submitted throughoutthe term of the contract. 4.0 EAYMENTS. 4.1 Payment Requests. Payment requests (invoices) shall be sent to UNM Accounts Payable Department, P.0. Box 4548, Albuquerque, New Mexico 871964548. 4.2 Invoice Details. Invoices may be presented at the beginning of each month covering service and/or expenses incurred during the previous month. The Consultant shall furnish an original invoice, with the Purchase Order Number clearly indicated on each invoice. 4.3 Payment Dispute. No invoice will be processed if there is a dispute between UNM and the Consultant as to the current or cumulative services provided. 4.4 No Waiver. approval of periodic payments if any, to the Consultant shall not constitute, in any sense, approval or acceptance by UNM of the Project work performed through the date of the invoice or of the Consultant? 3 assertion of the percentage ofthe Project work completed through the date of the invoice. Rev. Services Automotith 26. 2009 2 -0 4.5 Degree of Completion. When required by UNM to substantiate the degree of completion claimed in any application for periodic payments, the Consultant shall furnish UNM with c0ples of the documents evidencing the degree of completion claimed. 4.6 Abandonment of Project by UNM. Should the Project be abandoned or curtailed or should UNM cancel this Agreement at any time, the Consultant shall be paid a proportionate part ofthe compensation due and payable to it based upon the proportion of the Project completed as of the termination of work hereunder. Notice of abandonment, curtailment or cancellation may be oral, but shall be con?rmed in uniting within 30 days by UNM, at which time the Consultant shall immediately file with UNM the ?nal date of the consultant services perfonncd and a ?nal progress report. If payments have exceeded the proportion of Project work completed, a refund shall be due UNM. 5.9 PROJECT MEETING . If requested by the Project Coordinator, the Consultant shall meet as soon as possible after execution of this Agreement on at least a basis with the Project Coordinator and other UNM staff to discuss details relative to commencement of and perfonnance of assigned Projects. 6.0 RSHIP 0F 90 @113. 6.1 Ownership ofDocument. All documents which are prepared by the Consultant or any member of the consulting team that form apart of its services under this Agreement shall be the property and shall be delivered to UNM upon termination of this Agreement if UNM so requests . The Consultant shall be responsible for the protection and/or replacement of any original documents in its possession. UNM shall receive all original drawings and the Consultant shall retain a reproducible copy. 6.2. Work Made for Hire. For the consideration payable under this Agreement, the work product required by this Agreement shall be considered a work made for hire within the meaning of that term under the copyright laws of the United States, applicable common law and corresponding laws of other countries. UNM shall have sole right and authority to seek statutory copyright protection and to enj cy the bene?ts of ownership of the work. The party performing the work hereby assigns all rights, title and interest in and to the work to UNM and shall require all members of the consulting team to agree in writing that they assign all right, title and interest in work product required by the Agreement to UNM. 6.3 Inventions. For the consideration payable under this Agreement, the Consultant agrees to report any invention arising out of the Work required by this Agreement to UNM. UNM shall have sole right and authority to seek statutory patent protection under United States and foreign patent laws and to enjoy the bene?ts of ownership of the invention, whether or not the invention was required of the Consultant or member of the consulting team as part ofthe performance of Work. The Consultant hereby assigns all right, title and interest in and to inventions made in the course of the Workto UNM and agrees to execute and deliver all documents and do any and all things necessary and proper to effect such assignment. Consultant shall require all members of the Consulting Team to agree in writing that they will execute and deliver all documents and do any and all things necessary and proper to effect assignment of inventions arising out of the Work required by this Agreement to UNM. Rev. Services Agreement Fem) Date February 26, 2009 3 6.4 Survival of Provision. This provision shall survive expiration and termination of this agreement. 7.0 A1) STRA 0 ROVISION AND TERMSRE BY STATE URCHASING CODE. 7.1 New Mexico Law. The laws of the State of New Mexico shall govern the interpretation and enforcement of this Agreement. 7 .2 Termination for Convenience. UNM may terminate this Agreement, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date ofthe termination. The provisions ofthe UNM Purchasing Policies and Procedures hereunder, including the determination of rights and obligations of the parties, shall govern termination. 7.3 Termination for Default. When the Consultant has not performedor has unsatisfactorily performed the Agreement, payment shall be withheld at the discretion of the UNM. Failure on the part of a Consultant to ful?ll contractual obligations shall be considered just cause for termination of the Agreement and the Consultant is not entitled to recover any costs incurred by the - Consultant up to the date of termination. The provisions Purchasing Policies and Procedures hereunder, including the determination of the rights and obligations of the parties, shall govern termination. 7.4 Changes. This Agreement may be amended with the consent of both parties. Amendments may not change signi?cantly the scope of the Agreement. 7.5 Disputes. This Agreement shall be subject to UNM Purchasing Policies and Procedures. Pending resolution of a claim, the Consultant shall proceed diligently with the performance of the Agreement in accordance with the UNM Purchasing Director? 3 decision. 7.6 Suspension of Work. The UNM Purchasing Director unilaterally may order the Consultant in writing to suSpend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of UNM. 7.7 Delays and Extension of Time. The Consultant agrees to prosecute the work continuously and diligently and no charges or claims for damages shall be made by it for any delays or hindrances from any cause whatsoever during the progress of any portion of the work speci?ed in this Agreement. Time extensions will be granted only for excusable delays that arise from imforeseeable causes beyond the control and without fault or negligence of the Consultant, including but not restricted . to, acts of God, acts of the public enemy, acts of the State in either its sovereign or contractual capacity, acts of another Consultant in the perfonnance of a contract with the State, ?res, ?oods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising ?om unforeseeable causes beyond the control and without the fault or negligence or either the Consultant or the subcontractors or suppliers. Rev. Sonic Agreementl?onn Dale Pebmmy26,2009 4 7.8 Nondiscrimination in Employment. The Consultant agrees not to discriminate in any manner against an employee or applicant for?employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or disability of a quali?ed individual with a disability and post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 8.0 AND 8.1 Indemni?cation. Consultant assumes the entire responsibility and liability for losses, expenses, damages, demands and claims in connection with or arising out of any actual or alleged personal injury (including death) and/or damage or destruction to property sustained or alleged to have been sustained in connection with or arising out of the goods delivered by Consultant or the performance of the work by Consultant, its agents, employees, subcontractors or Consultants, except to the extent of liability arising out of the negligent performance of the work by or Will?ll misconduct of the University. Consultant shall indemnify, defend and hold harmless the University, its of?cers, agents, and employees from any and all liability for such losses, expenses, damages, demands, claims and judgments, including court costs and attorney? foes, which may arise out of Consultant? performance of services. Consultant will also indemnify defend and hold harmless the University against any oint and several liabilities imposed against the University with respect to strict products liability claims attributable to the fault of the Consultant. The liability of the University of New Mexico shall subject in all cases to the immunities and limitations of the New Mexico Tort Claims Act, Section 41-41-1 et seq, NMSA 1978, as amended. 8.2. Insurance. Consultant will procure and maintain during the life of this contract, Professional Liability Insurance in an amount not less than $1,000,000 each occurrence. The insurance coverage will not be canceled or materially changed except after thirty (30) says written notice has been provided to UNM. Consultant will furnish the UNM copies of Certi?cates of Insurance showing coverage, limits of liability, covered operations, effective dates and dates of expiration of policies of insurance carried by Consultant. Said coverage will be maintained for a period of three years after the date of ?nal payment hereunder. 9.0 CERTIFICATIQN. The University of New Mexico Supplier Con?ict of Interest and DebannentlSuspension Certi?cation Form has been signed, as appropriate, and is included as part of this Agreement. 10.0 EQENT CONTRACTOR 10.1 Independent Contractor. It is expressly understood that Consultant is an independent contractor and not the agent, painter or employee of UNM. Consultant shall have complete charge and responsibility for persons employed by Consoltant and engaged in the performance of the speci?ed work. Neither Consultant nor any of its agents shall be treated as an employee of UNM for any purpose whatsoever. Consultant declares that Consultant has complied with all federal, state and local laws regarding business permits and licenses of any kind that may be required to carry out the said business and the tasks to be performed under this Agreement. Consultant thither declares that it is engaged in the same or similar activities for other clients and that UNM is not Consultant' 3 sole or only client or customer. 10.2 Tax Withholding. No federal, state, or local income, payroll or employment taxes of any Rev. Services Agreement Form Date February 26, 2009 5 kind shall be withheld or paid by UNM with respect to payments to or on behalf of Consultant, its agents or employees. Consultant shall withhold and pay any taxes on behalf of its employees as required by law. The payroll or employment taxes that are the subject of this paragraph include but are not limited to FICA, FUTA, federal personal income tax, state personal income tax, state disability insurance tax, and state unemployment insurance tax. If Consultant is not a corporation, Consultant further understands that Consultant may be liable for self-employment (social security) tax, to be paid by Consultant according to law. 11. ENTIRE AGREEMENT, This Agreement, with its incorporated exhibits, constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, commitments, offers, contracts and writing. Any amendments or ?nther addenda hereafter made shall be in writing and executed with the same fonnality. 12.0 SEVERABILITY. All terms of this Agreement are severable such that if any provision is declared by a court of competent juri sdiction to be illegal, void or unenforceable, the remainder of the provisions shall continue to be valid and enforceable. 13.0 ASSIGNMENT. Consultant may not assign the rights or obligations under this Agreement without prior written approval. 14.0 NOTICEI S. Any notice to either party hereunder must be in writing signed by the party giving it, addressed as follows: To Consultant: . Thompson Consulting Attn: Joseph M. Thompson 1q41 Indian School Rd. NW Albuquerque, NM 87104 To UNM: University of New Mexico Purchasing Department Attn: Chief Procurement Of?cer M8011240 1 University of New Mexico Albuquerque, NM 8713143001 15.0 TERM. The consultant services to be provided by Consultant under this Agreement shall commence upon execution of this Agreement, and be completed by June 30, 2012 with the option to renew for three (3) additional one (1) year periods not to exceed four (4) years including all renewals. 16.0 CON EIQENTIALITY 0F INFORMATIQN. Con?dential information provided by UNM to Contractor shall not be disclosed by Contractor, its of?cers, employees or agents, to any third party, without the express written consent of UNM. 17.0 COOPERATION AND DISPUTE RESOLUTION. The parties agree that, to the extent compatible with the separate and independent management of each, they will maintain effective liaison and close cooperation. If a dispute arises related to the obligations or performance ofeithcr party under this Agreement, representatives of the parties will meet in good faith to resolve the dispute. Rev. Services Agreement Form Date February 26. 2009 6 18.0 PENALTIES. The Procurement Code. Section 13-1-28 at seq. NMSA 1978, as amended imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose criminal penalties for bribes, gratuities, and kickbacks. This Agreement incorporates by reference, RFP No. RFP-1448-11, in its entirety, any amendments thereto, Consultant' 3 response to that RFP and Purchase Order terms and conditions. BY SIGNING BELOW THE CONSULT AUTHORIZED TO OBLIGATE TO THE TERMS COND 0 OF THIS CO CT. THOMPSON CONSULTING, LLC: By: - .JoETl-yo-?rpSm 0F Wmffou Print Name: Title: THE REGENTS OF THE UNIVERSITY OF NEW MEXICO: By: PrintName: 3W Cl'b? MW) Titlez. This contract is not a federally funded project. This contract is a federally funded project and the attached DEAR clauses apply. Rev. Services Amman! Pom Date February 26, 2009 7 EXHIBIT A DESCRIPTION OF WORK I. SCOPE. Consultant warrants that it will provide all services necessary to ful?ll the complete scope of services outlined in 1, any amendments thereto, and Consultants response to that RFP. II. SERVICES FEE. A. UNM will pay Consultant for services provided under this Agreement in the amount of $76,650.00 not including B. Fees increases for succeeding contract renewals shall not exceed Agreementl?cnn Dalol?cbrusry26,2009 8 . - . . . . . . . . .. Jul?" o'faAMENDMENT NO. 1 To The University of New Mexico Legislative Relations Consultant Consulting Services Agreement This Amendment No. 1 amends the University of New Mexico Consultant Services Agreement (?Agreement?) betWeen the University of New Mexico a constituent institution of the State of New Mexico, and Thompson Consulting, LLC, with its principal of?ce located at 1041 Indian School Rd. NW, Albuquerque, NM 87104 (?Consultant?) as follows effective June 14, 2012: I. TERM: Section 15.0 of the Agreement is deleted in its entirety and replaced with the following: 15.0 The consultant services to be provided by Consultant under this Agreement shall commence upon execution of this Agreement, and be completed by June 30, 2013 with the option to renew for two (2) additional one (1) year periods not to exceed four (4) years including all renewals. CONTINUING EFFECT. Except as modi?ed by this Amendment, the terms and conditions of the Agreement will remain in full force and e??ect. THOMPSON CONSULTING, LLC OF NEW 0 1h? rum: 6?va Printed ame Printed Name Signature Signal-M Title Title . "7-541; Date Date .165 "1:1 .- .. l? C) 10?74'73. AMENDMENT O. 2 To The University of New Mexico Legislative Relations Consultant Consulting Services Agreement This Amendment No. 2 amends the University of New Mexico Consultant Services Agreement (?Agreement?) between the University of New Mexico a constituent institution of the State of New Mexico, and Thompson Consulting, LLC, with its principal of?ce located at 1041 Indian School Rd. NW, Albuquerque, NM 87104 (?Consultant?) as follows e?ective June 19, 2013: I. TERM: Section 15.0 of the Agreement is deleted in its entirety and replaced with the following: 15.0 The consultant services to be provided by Consultant under this Agreement shall commence upon execution of this Agreement, and be completed by June 30, 2014 with the option to renew for one (1) additional one (1) year periods not to exceed four (4) years including all renewals. EXHIBIT A TO SERVICES AGREEMENT: Section Services Fee, of Exhibit A to the Agreement is deleted in its entirety and replaced with the following: A. UNM will pay Consultant for services provided under this Agreement in the amount of $78,183.00 not including B. Fee increase for succeeding contract renewals shall not exceed CONTINUING EFFECT. Except as modi?ed by this Amendment, the terms and conditions of the Agreement will remain in ?ill force and e?ect. THOMPSON CONSULTING, LLC THE UNIVERSITY OF NEW MEXICO ?J'Ota rum. P8010 . smirk/E, Printed Name Printed Name PM 8? . Signature Signature 15 . A DI Elia?11932. Title Title 36W CavW 9:060wa "7 I I3 Date Date . . . u? .- - -u THE UNIVERSITY OF NEW MEXICO UNM ALBUQUERQUE, NM 87131 Date: Friday, June 06, 2014 Saavedra, Marc H. UNM ID: Position Number: 803526 Job Suf?x: 00 Govt Community Relations Of?ce - 201A After consultation with appropriate University authorities. it has been determined that your appointment status will be Dir,Govemment Affairs - N8012 for the period of service from 71'1/2014 to 6l30l'2015. MONTHS PERIOD DURING WHICH PAYMENTS FNSTALLMENTS 0F PERCENT ARE MADE A RY SERVICE TIME BEGINNING ENDING AMOUNT N0. $155,979.84 12.00 100 711:2014 660/2015 $12,998.32 12.00 This appointment is governed by applicable policies as stated in the University?s Regents Policy Manual and The University Business Policies and Procedures Manual. as they are amended from time to time. published and distributed by the University. and by relevant federal and state laws and regulations. in conformance with UNM Policy 3240, the University reserves the right to renew or not renew this contract. Please sign. and fonivard the original of this contract to the Division of Human Resources. 1700 Lomas Boulevard NE, Suite 1400. and keep a cepy for your records. I accept the appointment described above. OF NEW MEXICO EMPLOYEE - 5/4/ Marc Saavedra Ex cutive Vice President for A inistration Of?ce DinGovernment Affairs Date: 6 9 - I I 12/; Human Resources StalTComract