i 5. Termination for Convenience of County The County may terminate this Agreement at any time by giving at least thirty (30) calendar days 6. Termination by Contractor The Contractor may terminate this Agreement on an annual basis at the expiration of each year of the term of this Agreement by giving written notice to the County at the address listed herein at least sixty (60) calendar days prior to the expiration of each year of the term of this Agreement. expiration of each year for termination purposes shall be defined as 365 days from the date of execution of this Agreement and every 365 days thereafter for the term of this Agreement except for the final year which shall be based on the expiration date of June 30, 7. Compensation and Method of Payment A. The County will pay to the Contractor an annual fee of $80,000.00 for all services rendered, listed in Exhibit B, attached hereto, to be pro-rated the first year from November 1, 2013 through June 30, 2014 and annually thereafter, plus applicable New Mexrco Gross Receipts Tax, which constitutes full and complete compensation for the Contractor?s servrces under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such servrces. B. Method of Payment: Upon completion of work in a manner satisfactory to the County, and upon receipt by the County of a properly documented invoice, payment to the Contractor will be made within thirty (30) days from receipt of the invoice. Except as otherwise agreed to, late payment charges may be assessed against the County in the amount and under the conditions set forth in NMSA1978, ?13-1-?l 58. 8. lndependent Contractor Neither the Contractor nor its employees are considered to be employees of the County for any purpose whatsoever. he Contractor is considered to be an lndependent Contractor at all times in the performance described herein. he Contractor further agrees that neither it nor its employees are entitled to any benefits from the County under the provisions of the Workers Compensation Act of the state of New Mexrco, or to any of the benefits granted to employees. The Contractor shall not accrue leave, retirement, workers compensation benefits, insurance, bonding, use of County vehicles, or any other benefits afforded to employees of the County, as a result of this Agreement. The County shall provide no liability coverage to the Contractor. The Contractor acknowledges that all sums received hereunder are reportable for income tax purposes as applicable for self? employment or business income, and New Mexico Gross Receipts Tax. 9. Personnel A. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services as described under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the County. B. The services required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in performing the services shall be fully qualified and shall be authorized or permitted under federal, state and local laws to perform such services. None of the services covered by this Agreement shall be subcontracted without the prior written a proval of the County. Any portion of the services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. 10. indemnity Contractor shall defend, indemnify and forever hold and save the County, its elected officials and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys' fees and all other expenses of any kind from any source which may arise 11. 12. 13. out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its of?cers, employees, servants or agents. Reports and Information At such times and in such forms as the County may require, there shall be furnished to the County such statements, records, reports, data and information, as the County may request pertaining to matters covered by this Agreement. Audits and Inspections At any time during normal business hours and as often as the County may deem necessary, there shall be made available to the County for examination all of the Contractor's records with respect to all matters covered by this Agreement. The Contractor shall permit the County to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Insurance A. General The Contractor shall procure and maintain during the life of this Agreement insurance coverage of the kinds and in the amounts listed herein. The Certificates of Insurance must be issued by insurance companies authorized to do business in the State of New Mexico and shall cover all performance under this Agreement whether completed by the Contractor, the Contractor?s employees, or by subcontractors. The policies shall include a provision for thirty (30) calendar days written notification to the Bernalillo County Purchasing Department, One Civic Plaza NW, 10 Floor, Room 10010, Albuquerque, New Mexico, 87102 in the event a policy has been materially changed or canceled and be written on a occurrence form naming additional insured (per Form CG20101185, CG2010397 or equivalent). Statutory $1 ,000,000 The Contractor shall comply with the provisions of the Workers Compensation Act of the State of New Mexico, (the If the Contractor has determined that it is not subject to the Act, it will certify, in a signed statement, that it is not subject to the Act. The Contractor will notify the County and comply with the Act should it employ three or more persons during the term of any Agreement with the County. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, agreement with the County may be terminated effective immediately. Commercial General Liability with ISO form CG 0001 0798 or equivalent $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Each Occurrence $2,000,000 Aggregate the County as Workers Compensation Employers Liability Bodily Injury/Property Damage: Products/Completed Operations: Business Automobile Liability $1,000,000 Each Occurrence on ISO CA0001 1001 Business Automobile Liability Insurance shall include coverage for the use of all owned, non? owned and hired automobiles and vehicles. Combined Single Limit: Included Included in Commercial General Liability Independent Contractors: Contractual Liability: The Contractor shall furnish one copy each of Certificates of Insurance herein required for each copy of the Agreement, which shall specifically set forth evidence of all coverage required. If such limits are higher than the minimum limits required by the County, such limits shall be certified and shall apply to the coverage afforded the County under the terms and conditions of 14. 15. 16. 17. 18. 19. 20. the Agreement as though required and set forth in the Agreement. The Contractor shall furnish to the County copies of any endorsements that are subsequently issued amending coverage or limits. B. Approval of Insurance The Contractor or subcontractor(s) shall not begin work under the Agreement until the required insurance has been obtained and the proper Certificates of Insurance (or insurance policies) have been filed with the County. adding the County as an additional insured as applicable. Neither approval nor failure to approve certificates, policies or insurance by the County shall relieve the Contractor or subcontractor(s) of full responsibility to maintain the required insurance in full force and effect. C. Increased Limits If, during the life of this the Agreement, the legislature of the State of New Mexico increases the maximum limits of the liability under the Tort Claims Act, the County may require the successful Contractor to increase the maximum limits of any insurance required herein. In the event that the successful Contractor is required to increase the limits of such insurance, an appropriate adjustment in the Agreement amount will be made. Record Ownership It shall be clearly understood and agreed between the parties that the County is and shall be the owner of all documents and records pertaining to any matter undertaken by the Contractor pursuant to this Agreement. Release The Contractor, upon final payment of the amount due under this Agreement, releases the County, its elected officials and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the County to any obligation not assumed herein by the County, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. Confidentiality Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. Conflict of Interest The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of work required under this Agreement. Scope of Agreement This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written agreement. No prior agreement or understandings, verbal or othenNise, of the parties, or their agents shall be valid or enforceable unless embodied in this Agreement. Notice Any notices required to be given hereunder shall be sent to the principals at the addresses specified in Section 3 herein. If either party shall change addresses or principals, then such party shall notify the other party in writing. If no notification is made, then notice shall be deemed effective if sent to the principals at the addresses specified in Section 3 herein. Compliance with Applicable Law Contractor shall comply with all applicable state, federal, municipal and county laws, rules and ordinances. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Waiver No waiver of any breach of any of the terms or conditions of this Agreement shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. Equal Opportunity Compliance The Contractor agrees to abide by all federal and state laws and regulations pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. Applicable Law This Agreement shall be governed by the laws of the state of New Mexico. Changes The County may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the County and the Contractor, shall be incorporated in written amendments to this Agreement. This Agreement shall not be altered, changed or amended except by an instrument in writing executed by the parties hereto. Assignability The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or notation), without the prior written consent of the County thereto. Construction and Severability If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Enforcement The Contractor agrees to pay to the County all costs and expenses including reasonable attorney's fees incurred by the County in exercising any of its rights or remedies in connection with the enforcement of this Agreement. Penalties The New Mexico Procurement Code, (NMSA 1978, ?13-1-28 through imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Entire Agreement This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Approval Required This Agreement shall not become effective or binding until approved by the Bernalillo County Commissioners. Facsimile/Electronic Signature A signature sent via facsimile or electronically shall have the same legal effect as if the Original Agreement has been signed in person. SIGNATURE PAGE this day of Motion to approve 2013. BOARD OF COUNTY COMMISSIONERS . Vi?ce'CFair Art De Cruz.- Member A Lonnie C. Talbert, Member ember ay Johnson, APPROVED AS TO FORM: Date ATTEST: CONTRACTOR: By: Maggie se Oliver, County Clerk Date: [5 Date: 54? 0 ?In I - .od'li, New Mexico Gross Receipts Tax Number Federal ax ldenti ication umber 5 cg 05 40:9)" ?o 5 ?life; SIGNATURE PAGE ma?un in anti-{ova -. .2013; APPROVED AS TO FORM: County Attorney 9% @123 . Date: ATTEST: Maggie 1 @se Oiiver, County Clerk DateSEAL 3 c, I i . - was-- ?Vimumwg??-W this 8' day of BOARD OF COUNTY 3OMMISSHIONERS M399. . "Thigh?h Ari I: ember I .2 (M A Lonnie C. Talbert, Member <25 Federal Tax Identification Number EXHIBIT A Bernalillo County Request for Proposal County Lobbyist Services Non Mandatory Pre-proposal Conference: August 12I 2013I 11:00 am (local time) One Civic Plaza NW 10'? Floor Conference Room Albuquerque, NM 87102 Proposal Due: August 28, 2013 3:00 pm. (local time) Bernalillo County Purchasing Department, Room 10010 One Civic Plaza NW, 10th Floor Albuquerque, NM 87102 Prepared by: Natara Landrau Bernalillo County Purchasing Department August 1, 2013 TABLE OF CONTENTS I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS B. SUMMARY SCOPE OF WORK C. PROCUREMENT MANAGER D. DEFINITION OF TERMINOLOGY II. CONDITIONS GOVERNING THE PROCUREMENT A. SEQUENCE OF EVENTS B. EXPLANATION OF EVENTS C. EVALUATION PROCESS D. GENERAL REQUIREMENTS RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES B. NUMBER OF COPIES C. PROPOSAL FORMAT D. PROPOSAL ORGANIZATION IV. SCOPE OF WORK V. EVALUATION CRITERIA VI. PROPOSED DRAFT AGREEMENT APPENDIX A - SUBMITTAL LETTER FORM APPENDIX - RANKING INFORMATION APPENDIX - CAMPAIGN CONTRIBUTION DISCLOSURE FORM APPENDIX - RESIDENT VETERANS PREFERENCE CERTIFICATION (ONLY APPLICABLE IF SUBMITTING A RESIDENT VETERANS PREFERENCE CERTIFICATE PAGE 10 10 10?11 12 12-13 14-20 21 22 23-25 26 INTRODUCTION PURPOSE OF THIS REQUEST FOR PROPOSALS The Bernalillo County Office of the County Manager is soliciting proposals from experienced and qualified firms for one or more County Lobbyists to provide County Lobbyist Services on behalf of the County. SUMMARY SCOPE OF WORK The Bernalillo County (?County?) Purchasing Department on behalf of the Bernalillo County Office of the County Manager is soliciting proposals from experienced and qualified firms to provide County Lobbyist Services to promote Bernalillo County?s legislative priorities and to represent the County at the New Mexico State Legislature. All potential Offerors are encouraged to read this Request for Proposal carefully, particularly the mandatory requirements. All potential Offerors are encouraged to read this Request for Proposal carefully, particularly the mandatory requirements. PROCUREMENT MANAGER CONTACT Any inquiries or requests regarding this procurement should be submitted in writing to the designated Procurement Manager listed below. Attempts to contact anyone other than the Procurement Manager that the prospective Offeror believes can influence the procurement decision, Elected Officials, County Manager, Evaluation Committee Members, etc., may lead to immediate elimination from further consideration. All responses will be in writing and will be distributed to all potential Offerors who receive a copy of this Request for Proposals. Natara Landrau, Senior Buyer Bernalillo County Purchasing One Civic Plaza, NW, 10th Floor Albuquerque, New Mexico 87102 Telephone: (505) 468-7386 Fax: (505) 468-7067 E-mail nlandrau@bernco.gov DEFINITION OF TERMINOLOGY This paragraph contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations. ?Addendum? shall mean a change, addition or supplement to the information provided in this RFP document. ?Agreement? shall mean a duly executed and legally binding contract. ?Contractor? shall mean successful Offeror. ?County? shall refer to the County of Bernalillo, New Mexico. ?County Purchasing Department? means the purchasing agent for the County of Bernalillo, New Mexico, or a designated representative thereof. ?Desirable? means the terms "may can?, ?should?, ?preferably?, or ?prefers? identifies a desirable or a discretionary item or factor for the Department to determine. ?Determination? means the written documentation of a decision of a procurement manager including findings of fact required supporting a decision. A determination becomes part of the procurement file to which it pertains. ?Evaluation Committee Report" means a report prepared by the Procurement Manager on behalf of the Selection Committee that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals. ?Finalist? is de?ned as an Offeror who meets all the mandatory specifications of the RFP and whose score on evaluation factors is sufficiently high to qualify that Offeror for further consideration by the Selection Committee. ?Mandatory? means the terms ?must?, ?shall?, "will", ?is required?, or ?are required?, identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offerors proposal, without exception. ?Notice of Award" shall mean a formal written notice by the Purchasing Department. "Offeror" is any person, corporation, or partnership who chooses to submit a proposal. ?Owner? is synonymous with the County. ?Procurement Manager? means the person or designee authorized by the Purchasing Department to manage or administer procurements requiring the evaluation of competitive sealed proposals. ?Purchase Order? means the document, which directs a contractor to deliver items of tangible personal property or services pursuant to an existing Agreement. ?Request for Proposals? or means all documents, including those attached or incorporated by reference, used for soliciting proposals. ?Resident Business? means a business that has a valid resident business certificate issued by the taxation and revenue department pursuant to ?13-1?22 NMSA 1978 but does not include a resident veteran business. ?Resident Veteran Business? means a business that has a valid resident veteran business certificate issued by the taxation and revenue department pursuant to ?13-1-22 NMSA 1978. ?Responsible Offeror? means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal. ?Responsive Offer? or ?Responsive Proposal? means an offer or proposal, which conforms in all material respects to the requirements set forth in the request for proposals, including all mandatory requirements. Material respects of a request for proposals include, but are not limited to, price, quality, quantity, or delivery requirements. ?Selection Committee" means a team established to evaluate proposals, conduct interviews, and assist with negotiations during proposal evaluation for a specific product or services. Teams typically represent the functional areas to be addressed in the discussions. The Procurement Manager shall provide only technical assistance requested by the committee. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP outlines and describes the major events of the Selection Process and specifies general requirements. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere to the following schedule: 8. 9. 10. Action Responsibility Date Issue of RFP County Purchasing Department August 5, 2013 Non-mandatory Pre? Purchasing Dept., [Selection proposal Conference Committee, Offerors 12? 2013 Deadline to Submit Questions. due 10:00 am. Response to Written Questions/RFP Submission of Proposal Potential Offeror August 16, 2013 Purchasing Dept., [Selection Committee August 22, 2013 Offerors August 28, 2013 Proposal Evaluation Selection Committee Week of September 2, 2013 Status Notification of Interviews (if applicable) Purchasing Department Week of September 9, 2013 Selection Committee, Finalists Week of September 16, 2013 Purchasing Dept., [Selection Committee Bernalillo County Commission Contract Negotiations Week of September 23, 2013 Award To Be Determined EXPLANATION OF EVENTS 1. Distribution of RFP Document: - This RFP is issued by the County Purchasing Department in accordance with the provisions of Sections 13-1-120 and 13-1?121 NMSA 1978. The County Purchasing Department is the only organization who is authorized to make copies and/or distribute this RFP in any format. A distribution list of those who receive the RFP will be maintained throughout the procurement process and will become part of the procurement file. Receipt of a Proposal from Offerors not included on the distribution list shall result in immediate disquali?cation and Proposal shall be rejected. Questions/Clarifications Between the time of issuance of the RFP and the non-mandatory conference, prospective Offerors are encouraged to call or e-mail the Procurement Manager (See Section concerning any questions about the scope of work or the RFP schedule. Additional copies of the RFP can be obtained from the Procurement Manager. Non-Mandatory Conference A non-mandatory conference will be held August 12, 2013 at 11:00 am. Mountain Daylight Time in Conference Room on the 10th Floor of the Albuquerque/Bernalillo County Government Center, One Civic Plaza NW, Albuquerque, New Mexico, 87102. Potential Offerors are encouraged to submit written questions in advance of the conference to the Procurement Manager (See Section LC). The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All written questions will be addressed at the conference. A public log will be kept of the names of potential Offerors that attended the non?mandatory conference. Attendance at the non-mandatory conference is ?o_t a prerequisite for submission of a proposal. Deadline to Submit Additional Written Questions Potential Offerors may submit additional written questions as to the intent or clarity of this RFP until 10:00 am. on August 16, 2013. All written questions must be submitted to the Procurement Manager via postal service, hand-delivery, electronic mail, or facsimile (See Section 1.0). All responses to written questions will be distributed via e_?mail or facsimile to the Offeror distribution list. include the e-mail address for the individual appointed to receive responses to the questions. Response to Written Questions/RFP Addendums Written responses to written questions that result in an RFP Addendum will be distributed in writing via e-mail or facsimile to all recipients of the original RFP. If the RFP requires a time extension, the proposal submission date will be changed as part of the written Addendum. Any Addendum issued prior to the submittal deadline shall become a part of the RFP. Submission of Proposal All Offeror proposals must be received for review and evaluation, no later than 3:00 pm. Mountain Daylight Time on August 28, 2013, addressed to the Purchasing Department, One Civic Plaza NW (Room 10010), Albuquerque New Mexico, 87102. The Purchasing Department will date and time stamp the sealed envelope upon receipt. It is the responsibility of the Offeror to ensure that proposals are received at the address listed above prior to the deadline. Proposals received after this deadline will not be accepted. Proposals must be sealed and labeled on the outside of the package to clearly indicate response to the RFP Proposals by facsimile or any other method will not be accepted. C. EVALUATION PROCESS The Evaluation Process section contains specific information about the process of evaluating Offeror proposals. 1. Notice of Non-Responsiveness For any proposal submitted which is deemed non-responsive the Offeror will be notified in writing of such determination by the Purchasing Department. Selection Process - The Selection Committee will review each Offerors proposal. Points will be allocated, as outlined in Section of this RFP, by each member. Each member?s point totals will be translated into a numeric ranking of all proposals. The individual member rankings will be totaled together to determine the overall ranking of proposals. During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposal through oral presentations (interview) or the provision of information (either orally or written) deemed necessary to assist in the evaluation process. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors. Offerors are advised that the Selection Committee, at its option, may enter into the negotiation process with the highest ranked Offeror on the basis of the evaluation of the written proposals only, and may not require discussion and/or interviews. Upon completion of the selection process, the Selection Committee shall recommend award of contract to the County Commission or their designee for approval. Each responsive Offeror will be notified in writing as to their status following the selection process. Status Notification of Finalists/Non-Finalists Each responsive Offeror will be notified in writing about the status of their proposal. This notification will include information regarding whether or not their proposal has been selected for the interview or negotiation process. Finalists will be those Offerors whose proposals have been selected to continue in either the interview or negotiation process. Non finalists are those Offerors whose proposals have not been selected to continue in either the interview or negotiation process. Best and Final Offers From Finalist(s) Finalist(s) may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. When applicable, the notification to Finalist(s) who have been selected to submit a best and final offer will include the date and time, the best and final offer must be submitted. Interviews with Finalists If applicable the notices for the Finalists who have been selected for interviews, will include the interview date and time. The interview location is at the discretion of the Selection Committee. Interview questions will be sent to finalists prior to interview by the Purchasing Department. Interview scoring will total 100 points. The points are equally divided 6 between the prepared questions and each member will allocate points. Each member?s point totals will be translated into a numeric ranking of all interviewed Finalists. The individual member rankings will be totaled together to determine the overall ranking of Finalists. Rankings for the evaluation of written proposals are weighted 40% and ranking from the interviews are weighted 60% in determining the final selection as shown in Appendix B. The Offeror with the highest combined ranking (lowest numerical score) from the interview shall be recommended for award. Negotiations The County will begin negotiations with the highest ranked Offeror(s) following Finalist notification. Actual fees shall be negotiated based upon specific services, reimbursable expenses, and specific successful Offeror requirements. If negotiations are successful, the County shall prepare an Agreement for approval by the County Commission or its designee. If an agreement on terms cannot be reached within a reasonable time the County shall terminate negotiations and begin negotiations with the next firm on the ranking list. This process will continue until an Agreement has been negotiated with one of the firms on the ranking list. If an Agreement cannot be negotiated with the firms on the ranking list, the County may choose to negotiate with other qualified Offerors scored by the Committee or to terminate negotiations. D. GENERAL REQUIREMENTS The General Requirements section contains specific information about the process, general conditions, and instructions, which govern this procurement. 1. Protests - in accordance with Section 13-1-172 NMSA 1978, any Offeror who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Purchasing Director. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to: Lisa Sedillo-White, Purchasing Director Purchasing Department, Room 10010 One Civic Plaza, NW Albuquerque, NM 87102 Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted. lncurring Cost Any cost incurred by the Offeror in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Application of Preferences - This procurement is subject to the application of preferences, pursuant to ?13-1-21, NMSA 1978. Offerors are not eligible to receive both a Resident Business Preference and a Resident Veteran Business preference. Section provides further detail regarding how preference points will be calculated. Resident Business Preference: In accordance with ?13-1-22, NMSA 1978, to receive additional points based on a 5% preference, the Offeror shall submit with its proposal, a copy of a valid Resident Business Certificate issued by the New Mexico Taxation and Revenue Department. Resident Veteran Business Preference: In accordance with ?13-1?22, NMSA 1978, to receive additional points based on the applicable Resident Veteran Business Preference described in A, B, or below, the Offeror must submit a copy of a valid Resident Veteran Business certificate issued by the New Mexico Taxation and Revenue Department and the attached ?Resident Veterans Preference Certification" form (Appendix D). The Resident Veteran Business Preference is based on the following: A. Businesses with annual revenues of or less are to receive a 10% preference; B. Businesses with annual revenues of more than but less than are to received an 8% preference; C. Business with annual revenues of more than are to receive a 7% preference. Subcontractors - All work that may result from this procurement must be performed by the successful Offeror and payments will only be made to the successful Offeror. 5. Amended Proposals - An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. Purchasing Department personnel will not collate or assemble proposal materials. 6. Right to Reject Proposal - The County reserves the right to reject a proposal from any Offeror who has previously failed to perform properly, has caused the County to incur unreasonable costs or expense, failed to complete on time an agreement of a similar natureposition to perform the work governed by this RFP. 7. Offerors Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time, prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offerors duly authorized representative addressed to the Director of the Purchasing Department. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the Director of the Purchasing Department. 8. Disclosure of Proposal Contents - A public log will be kept of the names of all Offerors which submitted proposals. The proposals and documents pertaining to the proposals will be kept confidential throughout the duration of the procurement process and until a contract is awarded. At that time, all proposals will be open to the public, except for the material, which has been previously noted and deemed as proprietary or confidential. 9. Confidentiality/Public Records Confidential data is normally restricted to confidential financial information concerning the Offerors organization and data that qualifies as trade secrets in accordance with the Uniform Trade Secrets Act, to NMSA 1978, or as provided by the Confidential Materials Act 1978 NMSA 1978), and as otherwise provided by law. With the exception of the aforementioned, information and materials received by the County in connection with this RFP response shall be deemed to be public records, subject to public inspection, upon award of the RFP and execution of an Agreement by the County Commission or their designee. If the Offeror believes any of the information contained in its response is exempt from the Inspection of Public Records Act (NMSA 1978, Chapter 14, Article 2), then the Offeror must identify the material deemed to be exempt and cite the legal authority for the exemption. Any pages of a proposal on which the Offeror has stamped or imprinted ?proprietary? or "confidential" must be readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. The County's determination of whether an exemption applies shall be final, and the Offeror agrees to defend, indemnify and hold harmless the County elected officials, employees and agents against any loss or damages incurred by any person or entity as a result of the County?s treatment of records as public records. 10. Cancellation This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Director of the Purchasing Department determines such action to be in the best interest of the County. 11. Sufficient Appropriation Any Agreement awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. The County's decision as to whether sufficient appropriations and authorizations are available is in the sole discretion of the County and shall be final and binding upon the Contractor. If the determination is made that there is insufficient funding to continue or finalize the services the contractor will be compensated to the level of effort performed, as authorized by the County prior to that determination. 12. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance of the Conditions Governing the Procurement, Section II, in the Submittal Letter Form. Submission of a proposal constitutes acceptance of all conditions contained herein including the evaluation criteria contained in Section V. 13. Standard Agreement A draft copy of the proposed Agreement to be entered into is included in Section VI. However, the County reserves the right to negotiate with the successful Offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror's proposal will be incorporated into and become part of the Agreement. 8 1421. 22. 23. 24. 25. Offeror Qualifications - The Selection Committee may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The Selection Committee will reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in Sections 13-1?83 and 13-1-85 NMSA 1978 Right to Waive Minor Irregularities - The Purchasing Department reserves the right to waive minor irregularities. The Purchasing Department also reserves the right to waive mandatory requirements if the mandatory requirement not met does not otherwise materially affect the procurement. This right is at the sole discretion of the Purchasing Department. Notice The New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs. Release of Information - Only the County is authorized to release information covered by this RFP. The Offerors must refer to the County any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP. Ownership of Documents Any specifications, and other project documents are the property of the County. Costs Incurred in Responding - This solicitation does not commit the County to pay any costs incurred in the preparation and submission of proposals or in making necessary studies or designs for the preparation thereof, nor to procure or contract for services. It is anticipated that an Agreement will be awarded within 90 days after receipt of proposals. The anticipated Agreement term approximately two (2) years and eight (8) months. The County reserves the right to issue a multiple award. Insurance Requirements - Insurance is required of the Contractor in the limits identified in the Proposed Draft Agreement, Paragraph 15, attached hereto. Proof of licensing The County reserves the right to request proof of licensing for which licensure by the State of New Mexico or another agency is required, Professional Architect/Engineer Number, State Bar Member Number, etc). W-9 Information - Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Offeror; according to Federal Income Tax Law (Internal Revenue Code, Section 3406), failure to furnish this information and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service. In addition, the Internal Revenue Service may require the County to withhold 28% or payments made, if the information is not furnished by the successful Offeror. If the successful Offeror?s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN. Applicable Law This procurement and any Agreement that may result from this procurement shall be governed by the laws of the State of New Mexico. RESPONSE FORMAT AND ORGANIZATION This section describes the format and organization of the Offerors responses. Failure to conform to these guidelines may result in the disqualification of the proposal. A. NUMBER OF RESPONSES Offeror?s may submit only one (1) proposal. NUMBER OF COPIES Offeror's shall deliver an original plus four identical copies (5 total) of Binder 1 and one (1) original and one (1) identical copy (2 total) of Binder #2 of their proposal, to the location specified on or before the closing date and time for receipt of proposals. ORIGINALS shall be clearly marked as such. The Selection Committee will not collate, merge, or othenNise manipulate the Offeror's proposals. PROPOSAL FORMAT All proposals must be typewritten on standard 8 1/2 11 paper. The proposal must be limited in format and length. All fold-out sheets, up to a maximum of 11" 17" sheets will be counted as two (2) pages and shall be labeled as such. Length of the Proposal shall be limited to a maximum of twenty-five (25) pages (printed sheet faces) of text and/or graphic material. Material excluded from the twenty-five (25) page maximum count shall include and shall be limited to: Front cover (blank on back side) Divider pages (blank except for title information) Table of Contents (one page maximum) Submittal Letter Form - Appendix A Cost Detail Binder 2 Certificate(s) of insurance Resident Business Certificate Resident Veteran Business Certificate (must also submit Appendix Resident Veteran Preference Certification) Resident Veterans Preference Certification Appendix (must also submit Resident Veteran Business Certificate) (25 Back cover (blank on one side) ANY SHEETS OR PAGES INCLUDED IN THE PROPOSAL, BUT NOT SPECIFICALLY EXCLUDED, AS NOTED ABOVE, SHALL BE COUNTED TOWARDS THE 25 PAGE MAXIMUM. PROPOSAL ORGANIZATION The proposal is to be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated. Binder #1 (Mandatory) 1. Table of Contents 2. Submittal Letter Form. Proposals must be accompanied by a Submittal Letter Form (Appendix A), which contains the following information: A. Identity of the submitting business, including name and address of organization, firm, or Department and nature of organization (individual, partnership or corporation, private or public, profit or non-profit); B. Identifies the name and title of the person(s) authorized by the company to contractually obligate the business for the purpose of this C. Identifies the names, titles, and telephone numbers of persons to be contacted for clarification questions regarding this RFP and person(s) to be contacted for negotiations. D. Acknowledges receipt of any and all Addendums to this E. By signing the form the Offeror is explicitly indicating the following: 10 f. 1. Acceptance of Conditions Governing the Procurement as stated in Section II of this RFP. 2. A commitment to comply and act in accordance with the following: Federal Executive Orders relating to the enforcement of civil rights; New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement of civil rights; Federal Code, 5 USCA 7201 et. seq., Anti-discrimination in Employment; Executive Order No. 11246, Equal Opportunity in Federal Employment; Title 6, Civil Rights Act of 1964; Requirements of the Americans with Disabilities Act of 1990 for work performed as a result of this RFP. 3. Signature on the form must be from a person authorized to contractually obligate the Offeror. 3. ?Campaign Contribution Form? In accordance with Appendix C, Offeror?s must comply with pertaining to the disclosure of campaign contributions made to an applicable public official of a local public body. Offeror(s) shall submit the ?Campaign Contribution Disclosure Form? with their proposal submittal. Any Offeror who fails to comply with this requirement will be disqualified, no exceptions. NOTE: THIS FORM SHALL BE SUBMITTED IN ITS ORIGINAL FORMAT AND SHALL NOT BE MODIFIED OR CHANGED IN ANY WAY. 4. Proposal Summary (optional)* 5. Response to Proposal Requirements (except for cost response) 6. Additional Required Materials Binder 2 a. Complete Cost Response Provide Response on Firm?s Letterhead to include at a minimum an hourly rate for services outlined in RFP. b. Resident Business Certificate or Resident Veteran Business Certificate (see Section ll.D.3 for additional information). o. Offeror's Additional Terms and Conditions** *Properly tabbed divider for this section must be included in the proposal. Optional Proposal Summary is for information overview only and will not be scored. If no summary is provided, a single sheet must be included, following the tabbed divider, stating ?No Proposal Summary included with this proposal". **If no exceptions or modifications have been included and Offeror has explicitly indicated acceptance on the ?Submittal Letter? and no additional proposed Terms and Conditions are included, so state on a single sheet, following the tabbed divider. Within each section of their proposal, Offerors should address the items in the order in which they appear in this RFP. All discussion of proposed costs, rates or expenses must occur only in a separate location with the cost response form. Offerors may attach other materials that they feel may improve the quality of their responses. However, these materials should be included as items in a separate appendix and counted towards the twenty-five (25) page maximum. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis. 11 IV. SCOPE OF WORK 8: GENERAL REQUIREMENTS A. The County of Bernalillo, New Mexico is soliciting proposals from experienced and qualified firms to provide County Lobbyist Services which include: 1. 10. 11. Represent Bernalillo County and advocate its legislative goals at the New Mexico State Legislature during regular and special sessions, as well as interim committees, when issues affecting the County are discussed. Meet with the Bernalillo County Legislative Committee to assist in developing the County's legislative priorities, and attend meetings with the Board of County Commissioners to establish the County's legislative agenda. Recommend and obtain sponsors and co?sponsors for the County's legislative bills, as well as obtain the support of key legislators or legislative leadership to enhance the County's ability to pass its legislation. Coordinate with other lobbyists, the New Mexico Association of Counties, the New Mexico Municipal League, other communities or groups, and any other agency or organization as necessary to promote and advance the County's legislative program. Personally attend, and coordinate staff/expert witness attendance at, legislative sessions, as well as interim committee meetings where issues affecting the County are discussed. Be available to the Bernalillo County Manager at all times. Periodically brief the Board of County Commissioners in person on legislative activities. Provide, at a minimum on a quarterly basis, written reports to the County Manager indicating progress towards the attainment of each legislative goal and other legislative matters impacting Bernalillo County activities. Provide written end-of-session reports as soon as practicable to the Board of County Commissioners and the County Manager providing final status of the legislative session, highlighting all legislation impacting the County, strategizing for the next legislative session; and, formally present the report to the Board of County Commissioners at a regular Administrative Meeting within two (2) months of the end of the legislative session. The Contractor shall include with each payment request, a written report or summary of relevant legislative activities, to include time spent on Bernalillo County activities, for the period for which payment is being requested. The County reserves the right to add or delete services as required. B. Payment/Invoices All invoices must include the Purchase Order number and shall be sent directly to Bernalillo County, Department of Finance, Accounts Payable, One Civic Plaza NW, Albuquerque, NM 87102. V. EVALUATION CRITERIA A. Selection Process: The County Manager shall name, for the purposes of evaluating the proposals, a Selection Committee. On the basis of the evaluation criteria established in this RFP, the Selection Committee shall submit to the Purchasing Department a list of qualified Offerors in the order in which they are ranked. Proposal documentation requirements set forth in this RFP are designed to provide guidance to the Offeror concerning the type of documentation that will be used by the Selection Committee. Offerors should be prepared to respond to requests by the Purchasing Department on behalf of the Selection Committee for clarification, best and final offers, oral presentations, demonstrations or other areas deemed necessary to assist in the detailed evaluation process. Offerors are advised that the County, at its option, may award this request on the basis of the evaluation of the initial offers without conducting interviews. 12 B. Evaluation Criteria: A maximum total of 120 points are possible in scoring each proposal for the evaluation. A brief explanation of each evaluation criteria and the corresponding point values for each is listed below. Information in one criterion may overlap information in other criteria. Offerors are encouraged to fully address each criteria completely, as points are assigned for responses to each separately. The evaluation criteria to be used by the Selection Committee for the proposal and the corresponding point values for each criteria are as follows: C. Points Evaluation Criteria Possible 1. Resident of Bernalillo County 5 Points 2. Demonstrated experience in marketing ideas and goals on behalf of an organization. 25 Points 3. Demonstrated familiarity with the political process in the State of New Mexico, both at the County and State levels 25 Points 4. Demonstrated ability to organize legislative support. 25 Points 5. Provide three (3) References similar in scope as outlined in this 20 Points RFP with contact name, address, phone number. Describe in detail the work performed and the date(s). 6. Proposed Cost (Binder 20 Points TOTAL POSSIBLE POINTS 120 Points Cost of LoWest Offeror Maximum Cost Score (120) Cost Score of this Offeror Cost of this Offeror D. Interviews (applicable to Finalists only) If an interview is held, the Purchasing Department will distribute questions and instructions to the finalists prior to scheduled interview. A maximum total of 1_0_0_ points are possible in scoring each interview for this RFP. The Selection Committee may at their discretion request additional clarification as to the contents of the RFP submittal from any of the Offeror(s). E. Application of Preferences (Point-Based): The preference points shall be calculated by multiplying the applicable preference percentage (see Section II.D.3 for applicable preference percentage) by the ?Total Possible Points" in Section above. Only those Offerors who provide the required preference certificate and the certification form in accordance with Section II.D.3, will receive additional points, which will be added to their already evaluated score. Application of Preferences - Weight-Based (applicable only if an interview is held): Rankings for the evaluation of written proposals are weighted 40% and ranking from the interviews are weighted 60% in determining the final selection as shown in Appendix B. The preference points shall be calculated by multiplying the applicable preference percentage (see Section II.D.3 for applicable preference percentage) by the ?weighted points". Only those Offerors who provide the required preference certificate and the certification form in accordance with Section II.D.3, will receive additional points, which will be added to their already evaluated score. Note: if an interview is not held, the preference points will be based on the ?Total Points? of Section only. 13 SECTION VI PROPOSED DRAFT AGREEMENT THIS AGREEMENT, made and entered into this day of 2013, by and between the County of Bernalillo, New Mexico, a political subdivision in the State of New Mexico, (hereinafter referred to as the "County"), and (hereinafter referred to as the "Contractor"). WITNESSED: WHEREAS, the County issued a Request for Proposals for RFP No. attached hereto as Exhibit and WHEREAS, the Contractor submitted its Proposal, dated 2013, in response to RFP No. attached hereto as Exhibit and WHEREAS, the County desires to engage the Contractor to render certain services in connection therewith, and the Contractor is willing to provide such services. NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows: 1. Scope of Services The Contractor shall provide County Lobbyist Services in accordance with Exhibit A as supplemented by Exhibit both of which are incorporated herein by reference and made a part of this Agreement. 2. Inferior Materials All services, found to be inferior to the quality specified in RFP No. or deficient or incorrect in weight, measurement, workmanship, handicraft or otherwise, may be rejected as a whole or in part, and then shall be removed by the Contractor at the Contractor's own risk and expense after notice of rejection. The Contractor shall assume responsibility for taking the necessary action to correct or replace the rejected items within thirty (30) consecutive calendar days of the receipt of notice of rejection. 3. Term This Agreement shall become effective upon the date of final execution and shall continue for a two (2) year and eight (8) months period unless terminated by either party pursuant to the termination provisions contained herein. 4. Use of Agreement With the consent of the Contractor, other Central Purchasing Departments (NMSA 1978, ?13-1?37) may purchase under this Agreement, provided that the services are under the same terms and conditions as stated herein, unless a lower price is agreed to between the Central Purchasing Department and the Contractor. 5. Termination for Cause If, through any cause, the Contractor fails to fulfill the Contractor's obligations under this Agreement in a timely and proper manner, or if the Contractor violates any of the covenants, agreements or stipulations of any part of this Agreement, the County shall have the right to terminate the Agreement. The County reserves the right to recover any excess costs incurred by deduction from an unpaid balance due to the Contractor, or any other legal method. Cancellation shall be done by giving written Notice of Cancellation to the Contractor. The Notice of Cancellation shall include the effective date of cancellation. The official address of the County is: The official address of the Contractor is: The County Purchasing Department One Civic Plaza NW, Room 10010 Albuquerque, NM 87102 14 10. 11. Termination for Lack of Appropriations The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Bernalillo County Commission for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Bernalillo County Commission, this Agreement shall terminate upon written notice being given by the County to the Contractor. The County?s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. Termination for Convenience of County The County may terminate this Agreement at any time by giving at least thirty (30) calendar days notice in writing to the Contractor. If the Agreement is terminated by the County as provided herein, the Contractor will be paid in the amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments previously made. Termination by Contractor The Contractor may terminate this Agreement on an annual basis at the expiration of each year of the term of this Agreement by giving written notice to the County at the address listed herein at least sixty (60) calendar days prior to the expiration of each year of the term of this Agreement. The expiration of each year for termination purposes shall be defined as 365 days from the date of execution of this Agreement and every 365 days thereafter for the term of this Agreement. Compensation and Method of Payment A. The County will pay to the Contractor in full payment for services rendered, the sum of or at the rates listed in Exhibit attached hereto, plus applicable New Mexico Gross Receipts Tax, which constitutes full and complete compensation for the Contractor's services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such services. B. Method of Payment: Upon completion of work in a manner satisfactory to the County, and upon receipt by the County of a properly documented invoice, payment to the Contractor will be made within thirty (30) days from receipt of the invoice. Except as otherwise agreed to, late payment charges may be assessed against the County in the amount and under the conditions set forth in NMSA 1978, ?13-1-158. Independent Contractor Neither the Contractor nor its employees are considered to be employees of the County for any purpose whatsoever. The Contractor is considered to be an Independent Contractor at all times in the performance described herein. The Contractor further agrees that neither it nor its employees are entitled to any benefits from the County under the provisions of the Worker's Compensation Act of the state of New Mexico, or to any of the benefits granted to employees. The Contractor shall not accrue leave, retirement, workers' compensation benefits, insurance, bonding, use of County vehicles, or any other benefits afforded to employees of the County, as a result of this Agreement. The County shall provide no liability coverage to the Contractor. The Contractor acknowledges that all sums received hereunder are reportable for income tax purposes as applicable for self- employment or business income, and New Mexico Gross Receipts Tax. Personnel A. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services as described under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the County. B. The services required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in performing the services shall be fully qualified and shall be authorized or permitted under federal, state and local laws to perform such services. 15 12. 13. 14. 15. C. None of the services covered by this Agreement shall be subcontracted without the prior written approval of the County. Any portion of the services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Indemnity Contractor shall defend, indemnify and forever hold and save the County, its elected officials and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys? fees and all other expenses of any kind from any source which may arise out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its officers, employees, servants or agents. Reports and Information At such times and in such forms as the County may require, there shall be furnished to the County such statements, records, reports, data and information, as the County may request pertaining to matters covered by this Agreement. Audits and Inspections At any time during normal business hours and as often as the County may deem necessary, there shall be made available to the County for examination all of the Contractor's records with respect to all matters covered by this Agreement. The Contractor shall permit the County to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Insurance A. General The Contractor shall procure and maintain during the life of this Agreement insurance coverage of the kinds and in the amounts listed herein. The Certificates of Insurance must be issued by insurance companies authorized to do business in the State of New Mexico and shall cover all performance under this Agreement whether completed by the Contractor, the Contractor?s employees, or by subcontractors. The policies shall include a provision for thirty (30) calendar days written notification to the Bernalillo County Purchasing Department, One Civic Plaza N.W., 10 Floor, Room 10010, Albuquerque, New Mexico, 87102 in the event a policy has been materially changed or canceled. For procurements that exceed $20,000, an Additional Insured Endorsement Form is required. 1. Workers Compensation Part I. Workers Compensation Statutory Part II. Employers' Liability - $1,000,000 The Contractor shall comply with the provisions of the Workers Compensation Act of the State of New Mexico, (the If the Contractor has determined that it is not subject to the Act, it will certify, in a signed statement, that it is not subject to the Act. The Contractor will notify the Contracting Agency (Bernalillo County) and comply with the Act should it employ three or more persons during the term in providing services to the County. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, the services provided by the Contractor may be terminated effective immediately. 2. Commercial General Liability on ISO form CG 0001 0798 or equivalent. $1,000,000 Each Occurrence $2,000,000 General Aggregate Property Damage Liability Insurance shall not exclude Explosion - Collapse Underground Coverage (XCU) Products/Completed Operations: Bodily Injury/Property Damage: $1,000,000 Each Occurrence $2,000,000 General Aggregate 16 16. 17. 18. Pollution Legal Liability $1,000,000 Each Occurrence (If Applicable) Business Automobile Liability Combined Single Limit $1,000,000 Each Occurrence on ISO CA0001 1001 or equivalent. Pollution Liability (form M0890) for Transportation exposure - $1,000,000 Each Occurrence. (If Applicable) Business Automobile Liability Insurance shall include coverage for the use of all owned, non- owned and hired automobiles and vehicles. Independent Contractors: Included Contractual Liability: Included in Commercial General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate The Contractor shall furnish one copy each of Certificates of Insurance herein required for each copy of the Agreement, which shall specifically set forth evidence of all coverage required. If such limits are higher than the minimum limits required by the County, such limits shall be certified and shall apply to the coverage afforded the County under the terms and conditions of the Agreement as though required and set forth in the Agreement. The Contractor shall furnish to the County copies of any endorsements that are subsequently issued amending coverage or limits. Professional Liability: (if applicable) B. Approval of Insurance The Contractor or subcontractor(s) shall not begin work under the Agreement until the required insurance has been obtained and the proper Certificates of Insurance (or insurance policies) have been filed with the County, adding the County as an additional insured as applicable. Neither approval nor failure to approve certificates, policies or insurance by the County shall relieve the Contractor or subcontractor(s) of full responsibility to maintain the required insurance in full force and effect. C. Increased Limits If, during the life of this the Agreement, the legislature of the State of New Mexico increases the maximum limits of the liability under the Tort Claims Act, the County may require the successful Contractor to increase the maximum limits of any insurance required herein. In the event that the successful Contractor is required to increase the limits of such insurance, an appropriate adjustment in the Agreement amount will be made. Record Ownership It shall be clearly understood and agreed between the parties that the County is and shall be the owner of all documents and records pertaining to any matter undertaken by the Contractor pursuant to this Agreement. Release The Contractor, upon final payment of the amount due under this Agreement, releases the County, its elected officials and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the County to any obligation not assumed herein by the County, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. Confidentiality Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 17 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Conflict of Interest The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of work required under this Agreement. Scope of Agreement This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written agreement. No prior agreement or understandings, verbal or otherwise, of the parties, or their agents shall be valid or enforceable unless embodied in this Agreement. Notice Any notices required to be given hereunder shall be sent to the principals at the addresses specified in Section 4 herein. If either party shall change addresses or principals, then such party shall notify the other party in writing. If no notification is made, then notice shall be deemed effective if sent to the principals at the addresses specified in Section 4 herein. Compliance with Applicable Law Contractor shall comply with all applicable state, federal, municipal and county laws, rules and ordinances. Waiver No waiver of any breach of any of the terms or conditions of this Agreement shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. Equal Opportunity Compliance The Contractor agrees to abide by all federal and state laws and regulations pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. Applicable Law This Agreement shall be governed by the laws of the state of New Mexico. Changes The County may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the County and the Contractor, shall be incorporated in written amendments to this Agreement. This Agreement shall not be altered, changed or amended except by an instrument in writing executed by the parties hereto. Assignability The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County thereto. Construction and Severability If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18 29. 30. 31. 32. Enforcement The Contractor agrees to pay to the County all costs and expenses including reasonable attorney's fees incurred by the County in exercising any of its rights or remedies in connection with the enforcement of this Agreement. Penalties The New Mexico Procurement Code, (NMSA 1978, ?13?1?28 through imposes civil and criminal penalties for its violation. in addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Entire Agreement This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Facsimile/Electronic Signature A signature sent via facsimile or electronically shall have the same legal effect as if the Original Agreement has been signed in person. 19 Motion to approve SIGNATURE PAGE this day of 2013. APPROVED AS TO FORM: County Attorney Date: ATT EST: Maggie Toulouse Oliver, County Clerk Date: 20 BOARD OF COUNTY COMMISSIONERS Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member CONTRACTOR: By: Date: New Mexico Gross Receipts Tax Number Federal Tax Identification Number APPENDIX A SUBMITTAL LETTER FORM 05-14-NL Identity of Submitting Business Mailing Address: Who can contractually obligate? Name/Title: E?mail: Phone: Contact for InquirielelarificationsINe otiations Inquiries/Clarifications E-mail: Phone: Name/Title: Contact for Negotiations E-mail: Phone: Name/Title Addendum Acknowlediment: If Addendum has been received, please indicate how many in the spaces below. Addendum number(s) through have been received. By signing below my companylentitylorganization commits to comply and act in accordance with the (1) Conditions Governing the Procurement as stated in Section II of the (2) Federal Executive Orders relating to the enforcement of civil rights; (3) New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement of civil rights; (4) Federal Code, 5 USCA 7201 et. seq., Anti-discrimination in Employment; (5) Executive Order No. 11246, Equal Opportunity in Federal Employment; (6) Title 6, Civil Rights Act of 1964 and (7) Requirements of the Americans with Disabilities Act of 1990 for work performed as a result of this RFP. Si ned: Date: 21 APPENDIX Final Rankings Rankings for the evaluation of written proposals are weighted 40% and rankings from the interviews are weighted 60% in determining the final selection. The combined weighted rankings of written proposals and the interview determine the final rankings. The firm with the highest ranking (lowest numerical total) shall be awarded the selection. A sample of the selection ranking determination is given below. Proposal Submittal Interview Final Rankirm Firm A 1st 3rd (1 3 Firm 3rd ?lst (3 1 Firm 0 2nd 2"d (2 2 *Highest ranking (lowest numeric total) is awarded the selection. All overall committee rankings, including written proposals, interview, and final rankings are public record and will be available for public inspection after final award of the project. Individual scores and rankings by each committee member shall be confidential. Ties in ranking by individual committee members and by collective committee rankings shall be scored using the sum of the ranking places, divided by the number of firms in a tie. The following is an example of scoring, for a tie at first. Scorinq Numerical Ranki_ng Firm A Tie (15t 1.5 Firm Tie (1?t 2"d/2) 1.5 Firm 0 3rd 3 A tie for first, at the end of the final rankings shall be broken by a separate ranking by the Selection Committee members, only ranking the firms involved in the tie. if a tie still exists after ranking only the tied firms, the Chair of the Selection Committee shall break the tie. Point Calculations All calculations of point standings, including any addition or deduction of points to Offeror submittals shall occur at a meeting of the Selection Committee, with all members in attendance. 22 APPENDIX CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections 13-1-28, et seg., NMSA 1978 and NMSA 1978, l3-1-l91.1 (2006), as amended by Laws of 2007, Chapter Ziany prospective contractor 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 ?le this form with that state agency or local public body. This form must be ?led even if the contract quali?es as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public of?cial 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 of?cial exceeds two hundred and ?fty dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13?1-181 NMSA 1978 or a contract that is executed may be rati?ed or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code 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 of?cial or the applicable public of?cial?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. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public official, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND 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 de?nitions apply: ?Applicable public official? means a person elected to an of?ce or a person appointed to complete a term of an elected of?ce, who has the authority to award or in?uence 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 of?cial or any person authorized to raise, collect or expend contributions on that of?cial?s behalf for the purpose of electing the of?cial to statewide or local of?ce. ?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 of a prospective contractor, if the prospective contractor is a natural person; or an owner of a prospective contractor. of 3 DFA Disclosure form/July, 2007 23 APPENDIX ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public Of?cial(s) if any: Bernalillo County Board of County Commissioners: Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Officials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Name of Company (Prospective Contractor) Contribution Made By: Relation to Prospective Contractor: Name of Applicable Public Of?cial Date Contribution(s) Made: Amount(s) of Contribution(s) Nature of Contribution(s) Purpose of Contribution(s) (Attach extra pages if necessary) Signature Date Title (position) 2 of 3 DFA Disclosure form/July 2007 24 APPENDIX NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public of?cial by me, a family member or representative. Name of Company: Signature Date Title (Position) 3 of 3 DFA Disclosure form/July 2007 25 **Must also submit the Resident Veterans Certi?cate if using this Certification** APPENDIX Resident Veterans Preference Certification (NAME OF CONTRACTOR) hereby certi?es the following in regard to application of the resident veterans' preference to this procurement: Please check one box only El I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is less than allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime. El I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than but less than allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. I declare under penalty of perjury that my business prior year revenue starting January I ending December 31 is more than allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate: ?In conjunction with this procurement and the requirements of this business? application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be. understand that knowingly giving false or misleading information on this report constitutes a crime. I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime.? (Signature of Business Representative)* (Date) *Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or unaward of the procurement involved if the statements are proven to be incorrect. 26 t?tifl?aii??l?ii??s Magva Ra? swarm. EM: 136th 3 Debbie {3?th Vim-(Simir Ain't-Be- ha Cm. Lannie C. ?than. Member Wayne A. Joham, Mather $643337? Tm Zdamk fir-aye: 3.. (image R??mm' Maggi: ?fwa War mark. Misty Parka ma Hammer Niamey Grill Calm; -- of'emalilie EXH I Bn- State- of ?irts-e {first Fit-2m. i ..vi??iagaerr?ae. tibia-a? Mater; at?! twice: d?m rm ?lm-?r {563.5} DATE: August 22, 2013 TO: ALL PROSPECTIVE OFFERORS FROM: Purchasing Department Prepared by Natara Landrau, Senior Buyer RE: Addendum #1 RFP County Lobbyist Services This Addendum #1 to Request for Proposal RFP is issued by Bernalillo County Purchasing Department. The Addendum contains non-mandatory pre-proposal meeting minutes, written questions received by 10:00 am. August 16, 2013, responses to written questions and changes/revisions made to the original Request for Proposal. If any discrepancy exists from responses given at the pre-proposal meeting and this Addendum, responses contained herein shall govern. All respondents to this RFP must acknowledge all Addenda in Binder Submittal Letter Form, Appendix A. The non-mandatory pre-proposal meeting (August 12, 2013) opened with welcoming remarks from the Senior Buyer who then proceeded to review the submittal/procurement process with speci?c reference to the following pages sections of the RFP. Page 3 Purpose of this Request for Proposal. General discussion and review of this section. Summary Scope of Work. General discussion and revieyrgofthis section: Procurement Manager Contact. General revieiv'i'3"? Pages 3'4 De?nitim? 0f Termimlogy- discussi reg I theii??zgfellowi?s.. de?nitions; Addendum, Mandatory, . . Page 5 Sequence of Events. Gen-35'" Written Questions Explanation of Ev??is. listvg?those who receive the RFP will be maintained throughout thejpiibcuremcn andE'IWiil become part of the procurement ?le. Receipt of a proposal fittiin Offerors not included on the distribution list shall result in immediate disquali?ea'tionisand pro?lesal Ski-all be rejected. Attendande conference is not a prerequisite for submission of a proposal. - 4 Page 6 Submission of Proposals? Reviewed this section in detail. General review and discussion of this Noti?cationgdf Finalists/Non-Finalists. General re es from Finalist(s). General review of this jIntervievifsTwithnginalists. General review and discussion of this section: Page 7 Negotiations. ?eneral review and discussion of this section. Application ofiPreferences. General review and discussion of this section. 153?? Resident Business Preference. General review and discussion of this section. E7Veteran Busiheis'sii'f?reii'erenee. General review and discussion of this section. Page 8 Page 10-11 Page 12-13 Page 21 Page 23-25 Page 26 Con?dentiality/Public Records. General review and discussion of this section. Standard Agreement General review and discussion fo this section. B. Number of Copies. Reviewed and discussed this section C. Proposal Format General review of this section. D. Proposal Organization. General review and discussion of this section with an emphasis on the Submittal Letter Form, Campaign Contribution Form. IV. Scope of Work and General Requirements. Reviewed in detail. Evaluation Criteria Reviewed in detail. Appendix A Submittal Letter Form. General review. Appendix Campaign Contribution Form. General review. Appendix Resident Veterans Preference Certi?cation. General review. Questions and Responses 1. Page 7, 6. Response: Page 9, 20. Response: . Page 13, E. Response: Please de?ne ?reimbursable expenses? under this contract. Page 7, 6. Negotiations. Delete second sentence and replace with: ?Actual fees shall be negotiated based upon speci?c services and specific successful Offeror requirements. Please con?rm that the Agreements Terms will be changed ?om two (2) years and eight (8) months to three (3) years and eight (8) months. Please refer to #4 and #7 below under Changes Revisions. Please clarify how ?Resident Preference Points? will be calculated. Please refer to Page 13. E. Application of Preferences (Point-Based) for how points will be calculated. Changes/Revisions 4. Page 9 5. Page 11 6. Page 13 7. Page 14 Item #20. Delete and replace with: ?It is anticipated that an Agreement will be awarded within 90 days after receipt of proposals. The anticipated Agreement term is approximately three (3) years and eight (8) months. Binder 2. a. Delete and replace with: ?Complete Cost Response - Cost Responses should be inclusive of all fees for the work contained herein, include an amount for a 12 month period and an hourly rate provided on Firm?s Letterhead. Page 13, C. Evaluation Criteria: Delete and replace formula shown below Evaluation Criteria Table with: Cost of Lowest Offeror Maximum Cost Score (20) Cost Score of this Offeror Cost of this Offeror Section VI. 3. Term. Delete and replace with: This Agreement shall become effective upon the date of ?nal execution and shall continue for approximately three (3) years and eight (8) month period unless terminated by either party pursuant to the termination provisions contained herein. No other changes/revisions have been made. All Offerors must acknowledge receipt of this Addendum in the Submittal Letter Form, Appendix A. If further assistance regarding this process is required, please contact Natara Landrau, Senior Buyer, by electronic mail at the address provided in the proposal document. On behalf of the County, the Bernalillo County Purchasing Department would like to thank you for your time and interest in RFP and we apologize for any inconvenience this Addendum may have caused. We look forward to your continued interest and your future responses to the ongoing needs of Bernalillo County. xc: RFP EXHIBIT PROPOSAL for Bernalillo County 05-14-NL COUNTY LOBBYIST Binder #1 Response Submitted by Shoats Weaks, Inc. P. O. Box 10461 Albuquerque, NM 87184-0461 (505) 890-0306 Submitted to: Natara Landrau, Senior Buyer Bernalillo County Purchasing Department One Civic Plaza NW, 10th Floor Room 10010 Albuquerque, NM 87102 Proposal Receipt Deadline 3:00 PM August 28, 2013 Table of Contents Submittal Letter .. 1 Campaign Contribution Disclosure Forms .. 3 Summary of Proposal .. 7 Response to Proposal Requirements Experience .. 8 Response to Proposal Requirement Scope of Work .. 13 References .. 17 Certi?cate of Insurance .. 18 APPENDIX A SUBMITTAL LETTER FORM 05-14-NL Identity of Submittir?Business (including dlbla): Shoats and Weaks, Inc MailiquAddress: PO. Box 10461 Physical Address 9631 4th Street NW ALbuquerque. NM 87114 Albuquerque, NM 87184-0461 Who can contractually obligate? Name/Title: Marla Shoats, Vice President Dan Weaks, President E-mail: marlashoats@comcast. net danweaks@comcast.net Phone: 505-453-7443 505?453-5704 Contact for nquirielelarificationsINeg otiations Inquiries/Clari?cations itl ?ag-a ghoats, Vice President Dan Weeks, President E-mail: marlashoats@comcast.net danweaks@corncast.net Phone: 505-453?1443 505?453-5704 Contact for Negotiations Namefl?itle I Marla Shoats, Vice Presrdent Dan Weeks, President E-mail: marlashoats@comcast.net danweaks@comcast.net Phone: 505~453~7443 505-453-5704 Addendum Acknowledgment: Addendum number(s) lf Addendum has been received, please indicate how many in the spaces below. 1 through have been received. By signing below my companylentitylorganization commits to comply and act in accordance with the (1) Conditions Governing the Procurement as stated in Section II of the (2) Federal Executive Orders relating to the enforcement of civil rights; (3) New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement 7201 et. seq., Anti-discrimination in Employment; of civil rights; (4) Federal Code, 5 USCA (5) Executive Order No. 11246, Equal Opportunity in Federal Employment; (6) Title 6, Civil Rights Act of 1964 and (7) Requirements of the Americans with Disabilities Act of 1990 for work performed as a result of this RFP. $27 /3 Date: 21 August 27, 2013 Purchasing Department Albuquerque/Bernalillo County Government Center One Civic Plaza NW 10th Floor, Room 10010 Albuquerque, NM 87102 RE: RFP To Whom It May Concern: Shoats Weaks, Inc. is a government and public relations company located at 9631 St. NW, Albuquerque, NM. The company's mailing address is Shoats Weaks, Inc., P. O. Box 10461, Albuquerque, NM 87184-0461. The corporate of?cers are Dan Weaks, President, and Marla Shoats, Vice President. For the purposes of this RFP, both individuals are authorized to contractually obligate Shoats Weaks, Inc. Should clarification questions arise, they may be reached at any time as follows: Dan Weaks Marla Shoats danweaks@comcast.net marlashoats@comcast.net 505-453?5704 505-453-7443 This letter serves as acceptance of the Conditions Governing the Procurement stated in Section II of RFP as well as certi?cation that Shoats Weaks, Inc. comply and act in accordance with Federal Executive Orders relating to the enforcement of civil rights as well as New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement of civil rights. Furthermore, Shoats Weaks, Inc. complies and acts in accordance with Federal Code, 5 USCA 7201 et. seq.; Executive Order No. 11246, Equal Opportunity in Federal Employment; Title 6, Civil Rights Act of 1964; and Requirements of the Americans with Disabilities Act of 1990 for work performed as a result of this RFP. We look forward to the opportunity to continue working with Bernalillo County. Shoats and Weaks Inc. is uniquely quali?ed and has proven to be capable of successfully providing Bernalillo County with value in professional lobbying, and the government relations services needed to address the County's ongoing initiatives. an Weaks arla Shoats President Vice-President Shoats Weaks, Inc. Shoats Weaks, Inc. a APPENDIX ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public Of?cial(s) if any: Bernalillo County Board of County Commissioners: Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Shoats 8r Weaks, Inc. Name of Company (Prospective Contractor) Contribution Made By: Shoats 8: Weaks, Inc Relation to Prospective Contractor: Name of Applicable Public Of?cial Lonnie Talbert Date Contribution(s) Made: 10/29/2012 Amount(s) of Contribution(s) $1?000'00 Nature of Contribution(s) CheCk Purpose of Contribution(s) Campaign contribmiion Title (position) 2 of 3 DFA Disclosure form/July 2007 24 APPENDIX ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public Of?cial(s) if any: Bernalillo County Board of County Commissioners: Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Name of Company (Prospective Contractor) Shoals Weaks. 111C- Contribution Made By: Shoats 8K Weaks, Inc Relation to Prospective Contractor: Name of Applicable Public Of?cial Art De La Cruz Date Contribution(s) Made: 5/24/2012 Amount(s) of Contribution(s) $1?000'00 Nature of Contribution(s) CheCk Purpose of Contribution(s) Campaign Contribution 2.01001 7? Title (position) 2 of 3 DFA Disclosure form/July 2007 24 APPENDIX ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public Of?cial(s) if any: Bernalilio County Board of County Commissioners: . Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Name of Company (Prospective Contractor) Shoats WeakS, Contribution Made By: Shoats 8t Weaks, Inc Relation to Prospective Contractor: Name of Applicable Public Of?cial Maggie Hart Stebbins Date Contribution(s) Made: 6/04/2012 Amount(s) of Contribution(s) $130000 Nature of Contribution(s) Check Purpose of Contributiong) Campaign Contribution (Attach extra pages if necessary) 7? /3 i ature Date Title (position) 2 of 3 DFA Disclosure form/July 2007 24 APPENDIX ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public Of?cial(s) if any: Bernalillo County Board of County Commissioners: Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Name of Company (Prospective Contractor) Shoals Weaks. 111C. Contribution Made By: Shoals weaks: 111C Relation to Prospective Contractor: Name of Applicable Public Of?cial Debbie Date Contribution(s) Made: 10/29/2012 Amount(s) of Contribution(s) $50000 Nature of Contribution(s) CheCk Campaign Contribution Purpose of Contribution(s) Signature Date . Pdfi 1.9 e/ 1? Title (position) 2 of 3 DFA Disclosure fomr/July 2007 24 Summary of Proposal: This proposal includes a summary of the relevant experience of the Shoats and Weaks government relations ?rm along with a listing of previous accomplishments of the firm while engaged by Bernalillo County as lobbyists for the past fourteen years. There is a response to every item listed in the scope of services along with detailed steps and actions required to accomplish the items in the scope of work. Shoats and Weaks have a long established and sustained working relationship with Bernalillo County?s elected of?cials and staff. Major accomplishments have been achieved relative to Bernalillo County insofar as legislative support is concerned. Milestones include: Bringing more autonomy to county government through the statutory p0wer to issue industrial revenue bonds county wide. Removing the onerous extraterritorial zoning provisions in state law that impeded county land use authority and subservience to municipal annexation. Taking back funds derived from court imposed criminal and civil penalties to support corrections operations. Facilitating partnerships with not for profit entities for vital social and healthcare services. Creating and funding the County Corrections Facility Reimbursement Act. Providing several new local option gross receipts tax increments for corrections, healthcare, emergency services and general operating purposes. Creation of the Albuquerque Bernalillo County Water Utility Authority allowing county government to participate and govern water issues and funding. To highlight Shoats and Weaks prospective and shared vision with Bernalillo County leadership, issues to be focused on in terms of legislative initiatives include: A continued and concerted effort to address corrections issues to avoid overcrowding and provide a more comprehensive and cooperative approach to the criminal justice system at the county and state level. The basis for this effort is in place as a result of county leadership and legislation authorizing and directing a formal commission to develop policies. Promote greater county self- governance and efficiencies by providing for statutory exClusions from state laws that impede local autonomy. Enhance the capital outlay and iClP process to assure efficient and coordinated appropriations requests. Seek legislation that will assist the county in economic development and job creation. RESPONSE TO PROPOSAL REQURIMENTS EXPERIENCE Shoats and Weaks Inc. is a government relations company that has specialized in legislative and regulatory lobbying since 1990. The principles, Marla Shoats and Dan Weaks, share 35 years experience in state and local government policy development and administration. Mr. Weaks has held several positions in state and local government prior to lobbying, including Assistant Manager Dade County Metro, Florida (federated municipal/county government), Deputy Chief Administrative Of?cer City of Albuquerque, Chief of Staff Appropriations and Finance Committee NM House of Representatives, Deputy Director NM State Department of Finance and Administration, Legislative Liaison NM Of?ce of the Governor. Ms. Shoats has served as Analyst to the Speaker of the House NM State Legislature and Assistant to the Deputy Chief Administrative Of?cer City of Albuquerque. Jason Weaks, Esq., will be available to provide legal services and bill drafting on this contract. Jason Weaks has experience in state and federal government having worked for the NM Legislative Finance Committee and the Federal Health and Human Services Department in Washington, D.C., and was a key contributor in the County's jail reform efforts since 2011. Shoats and Weaks Inc., has over the years represented many state and local governmental entities as well as numerous private businesses and non-pro?t organizations before the legislature, executive branch and local government entities. Shoats and Weaks Inc., also has substantial experience in the state regulatory process having successfully advocated on several regulatory issues for pollution control facilities, environmental remediation, ?nancial services, healthcare, insurance, licensing and local government. Examples of work performed by Shoats and Weaks Inc., for Bernalillo County include cumulative capital outlay project funding since 1999 of over $1.5 billion dollars. Major projects include North Valley Little League, Alameda Little League, Paradise Hills Little League, Sedillo Ridge timber thinning, swimming pools, Valle de Oro Refuge, substance abuse recovery facilities and other special projects. Eubank Boulevard, the Fisher Smith Memorial Gymnasium, Schott Solar, Fidelity Investments, Valley Sewer and Water Extension projects, Isleta, South Coors, North Albuquerque Acres, GRIP 2 transportation projects, and numerous other road improvement and construction projects, healthcare facilities including the South Valley Health Commons, several parks and recreational facilities, multi-purpose and community centers, In addition, Shoats Weaks Inc. has been successful in working with the County and its delegation to retain capital outlay funding through reauthorizations. Shoats and Weaks Inc. engages in numerous ongoing efforts on behalf of Bernalillo County throughout the year to formulate policy and determine strategies to affect positive outcomes. An example is one of the County?s top legislative priorities, jail reform. In order to continue the success of recent legislative sessions which includes in part: enhancement of the Local Government Corrections Fund, efficiency in jail cell inspection, and establishment of a taskforce to review and assess overcrowding and sentencing guidelines, Shoats and Weaks Inc. has facilitated and participated in several meetings including legislators and stakeholders to develop strategies to reform the criminal justice system. Those stakeholders have included Metro and District Court, the NM Supreme Court, the District Attorney?s Of?ce, the Public Defender?s Of?ce, the Criminal Defense Bar, the Association of Counties, the City of Albuquerque, Bernalillo County, the NM Sentencing Commission, and the NM Department of Corrections. Stakeholder meetings will continue through the end of the year with County involvement; HB608 was enacted in the 20103 session and establishes a formal commission to continue to develop strategies relative to improving the corrections and judicial process. A representation of substantive legislation that has been enacted on behalf of Bernalillo County with facilitation from Shoats and Weaks is listed below. Allowing the County Treasurer to correct the tax rolls with the removal of uncollectable personal property taxes. 0 Establishment of a county Governance Task Force to analyze county government structure and authority in preparation for County Home Rule Initiatives. - Allow partial payments of property tax. a Memorial promoting purchase of local products 0 Inclusion of local option gross receipts tax increments off-set reductions to the hold harmless food and medical Gross Receipts Tax exemptions. 0 Single factor Corporate tax calculations to promote economic development. - Increasing municipal incorporation requirements. 0 Providing that the Local Government Corrections Fund be distributed only to counties. 0 Repeal of the statute dating from 1865 requiring governing bodies of the County to inspect jails under their jurisdiction at least twice a year and report to the iocal district court. 0 Expansion of the uses of Fire Funds by the County to support EMS functions - Establishment of a task force by the Administrative Of?ce of the Courts to conduct a study to increase ef?ciency and reduce the burden on county facilities of housing arrestees held on felony charges or for violation of parole and probation. 0 Noti?cation of industrial revenue bond (IRB) issuance to all property taxing entities within the county, rather than only to the largest municipality. 0 Removal of state oversight of construction inspection performed by local government programs. 0 Amendment and clari?cation of the Governmental Conduct Act. 0 Implementation of the Behavioral Health Purchasing Pilot Project. 0 Regional and local public water utility authorities created by statute, and land grant-merced controlled and governed entities, added to the de?nition of political subdivisions, expanding the eligibility for qualifying entities to seek ?nancial assistance from the Water Trust Board. a Authorization of the transfer from the state of the former Metro Court building to the County 0 Providing the County with the authority to impose a local option capital outlay gross receipts tax in increments of 1/16?h percent, not to exceed 1/4?1 percent. 0 Provides that municipal and county franchises, and other agreements with public utilities on access to public rights of way, that were in effect as of January 1, 2010, are valid and enforceable agreements. Authorizing the extension by action of the county commission the imposition of the additional one-sixteenth percent county health care gross receipts tax beyond its June 30, 2009 expiration. - Providing an exemption to the Procurement Code for contracts for the use of county buildings entered into by a county commission for the bene?t of nonpro?t organizations which have demonstrated a consistent history of service to sick and indigent persons in the county. 0 Providing the County Zoning with the authority to approve special exceptions during the appeals process. 0 Establishment of a statewide study to examine alternative adjudicative procedures for traf?c offences. 0 Providing the County with authority to offer property owners the option of prepayments of property taxes. 0 Direction to the Interim Courts, Corrections, and Justice Committee study current law relating to jail operations in recognition of the lack of statutory authority provided to county governments to effectively manage county jail populations. 0 Restoration of the exemption from the Federal Fair Labor Standards Act in the State Minimum Wage Act, providing public empioyers with the ability to offer employees ?exible scheduling and compensatory time payments rather than cash for working overtime. 0 Creation of County Detention Facility Reimbursement Act. - Increased funding to the Local DWI Grant Fund. - Defeat of the repeal of the Albuquerque Bernalillo Water Authority. 0 Increases in state corrections reimbursements for housing state probation violators and parolees. Raise smail purchases procurement limits. 0 Appropriations for various economic development projects infrastructure. 0 Providing the County with new local option taxes for general support and special programs. 0 Providing improvements to the subdivision approval authority for the County. 0 Increased distribution from the Fire Protection Fund to counties. - Increase of the existing cap on salaries for county elected of?cials by 15 per cent in 2006, increase of Class A county commissioner salaries to a maximum of $24,712 each in 2002. - Repeal of Municipal Extraterritorial Zoning Authority in Class A Counties over 300,000 population. 0 Authorization of a new general purpose 1/ 16th of gross receipts tax, providing counties with 7 1/ of general purpose gross receipts tax available. 0 Standardization of the DWI screening process. 0 Mandated reimbursement to counties for prisoner extradition and transportation. 0 Providing the County with authority to issue industrial revenue bonds within municipal boundaries. - Creation of and amendatory enactments for the Water Authority. 0 Defeat of the repeal of the Water Authority?s eminent domain powers. Examples of successful work performed for other clients include: Enactment of legislation establishing New Mexico Health Care Exchange Mexico/NMHA. Expansion of Medicaid eligibility to 138% of FPL NMHA. Amendment of the Solid Waste Act to increase the permit term for privately owned and operated facilities from ten years to twenty (which is the same permit term as for publically owned and operated solid waste facilities). The mid-term permit review would occur at a ten-year rather than a ?ve-year interval, Waste Connections; Inc, Jim Little, (916) 608-8223. Allowing any customer that is a political subdivision of the state, with annual consumption exceeding 20 million kilowatt-hours and that has its own renewable generation, to be exempt from utility charges for renewable energy, provided that the customer noti?es the State Auditor, the Public Regulation Commission and its serving utility, that it will expend 2.5% of its electricity charges on developing its own renewable energy generation. Albuquerque Berna/lilo County Water Utility Authority, Mark Sanchez, (505) 768-2504 Granting owners of dairy farms or feediots a transferable tax credit against personal or corporate income tax, as appropriate, equal to ?ve dollars per wet ton for hauling agricultural biomass from the dairy or feedlot to a facility using the biomass to generate electricity or make biocrude or other liquid fuel. Las Uvas Dairy, Dean Horton, (575) 644?2146 Extension of the imposition of county hospital gross receipts tax for an additional 20 years and allowing for the use of the revenue to include acquisition of land or buildings as well as the design and construction of a county hospital facility. New Mexico Hospital Association, Alex Valdez, (505) 820- 5202, alex. valdez@st. w?n. org Established an advisory committee in theDepartment of Health to conduct surveillance of hospital acquired infections. New Mexico Hospital Assocratron, Alex Valdez, (505) 820-5202, alex. va/dez@st. Vin. org Provision that a portion of revenue generated by a portion of a county gross receipts tax may be distributed in an amount equal to the county's approved contribution for support of sole community provider payments as calculated by HSD. New Mexico Hospital Association, Alex Valdez, (505) 820- 5202, alex. va/dezcaDst. vin. org Tax increment ?nancing for development with local government discretionary authority. Forrest City Covr'ngton Mesa del Sol, Harry Rel/(in, (505) 400?3021, Appropriations for natural phreatophyte eradication to conserve water and improve bosque habitat. Rio Restorations, Joseph Hindi, President, (505) 3074086, shindi@newmexico.com Increased appropriations for NM Association of Food Banks, Farmers Markets and School Nutrition program, NM Association of Food Ban/cs, (505) 217?1066, nmarpCaiaol. com Development and funding of the State Coverage Insurance programs, New Mexico Hospital Association, Alex Valdez, (505) 820-5202, alex. va/dez@st. Vin. org Expansion and funding for Medicaid programs, New Mexico Hospital Association, Alex Valdez, (505) 8205202, alex. va/dez@st. Vin. org Appropriations and tax increment ?nancing for several rural hospitals and health clinics NM Hospital Association, Steve Campbell, Vice Chair, (505) 374-2585, Increases in the cigarette tax to fund expansions to the University of New Mexico Hospital and Cancer Center, UNM, Dr. Paul Roth, VP Health Sciences, (505) 235-1870 Expansion of the sole community provider hospital program and amendments to the county indigent fund act, New Mexico Hospital Association, Alex Valdez, (505) 820-5202, alex. va/dez@st Vin. org Recodi?cation of the Credit Union Act, NM Credit Union Association Recodi?cation of the non-profit health maintenance organization act to facilitate the sale of NM Blue Cross Blue Shield, BlueC?mss BlueShle/d of New Mexico Tax deductions for healthcare providers with hold harmless provisions for local governments, New Mexico Hospital Associa?on, Alex Valdez, (505) 820-5202, a/ex va/dez@5t Vin. org RESPONSE TO SCOPE OF WORK 1.) Represent the County and advocate its legislative goals at the New Mexico State Legislature during regular and special sessions, as well as interim committees when issues affecting the County are discussed. A signi?cant number of legislative initiatives are developed through the work of interim committees and the standing committees of the legislature. Shoats Weaks regularly attend interim committee meetings and prepare brie?ngs on salient interim committee activities. They also arrange for issues to be placed on interim committee agendas and work plans for study and consideration. When appropriate, Shoats Weaks prepare and present testimony to committees or facilitate testimony made directly by county elected of?cials or county staff as needed. Shoats Weaks will prepare and partner those of?cials or staff as needed. While a formal presence at such hearings is imperative, Shoats Weaks periodically sponsor social events for committee members and clients, which present an opportunity for more informal yet effective interaction between lobbyists, clients and lawmakers. Shoats and Weaks, Inc. have sponsored several events and meetings for Bernalillo County elected of?cials and staff to promote county initiatives and establish sound working relations with the legislators, state of?cials and the State Executive Branch. Effective representation involves establishing access to individual decision makers and developing credibility and sound advocacy positions in support of or opposition to speci?c proposals. Shoats Weaks have established professional and political credibility among legislators, state and local of?cials as well as lobbyist colleagues. This credibility greatly enhances the ability to access legislators and legislative leadership at critical times in the process. In addition, staff and legislators often seek Shoats Weaks? technical expertise on speci?c issues and strategies. While the Bernalillo County legislative delegation is politically diverse, it is important to secure as much involvement and support from the delegation as is possible for county initiatives. Shoats Weaks keep delegation members informed and involved in developing and supporting the County?s legislative package throughout the year. Key executive staff, departmental secretaries, the Governor and her legislative lobbying team will be kept apprised of county issues during the interim and during the session. Periodic meetings with executive representatives will be held to solicit support of county initiatives and proposals. Pre- session meetings with the Governor?s office, executive staff, and agencies will be arranged to present the Bernalillo County legislative package. When appropriate, county proposals should be integrated with the legislative agenda of the NM Association of Counties, local government jurisdictions and public and private advocacy groups in order to develop broad bases of support. Not all proposals may lend themselves to this collaborative approach but if possible such strategy should be employed. Shoats Weaks has sound relations with other local jurisdictions and is involved with government affairs committees of several business organizations. Shoats Weaks maintain a constant presence in Santa Fe during the regular and special legislative sessions. While the main of?ce is located in Bernalillo County, residence and office facilities are established in Santa Fe while the legislature is in session. Starting in the 2014 Session a web based tracking system with customized report will be available on all substantive bills and capital outlay requests. 2.) Meet with the Bernalillo Caunty Legislative Committee to assist in developing the County's legislative priorities, and attend meetings with the Board of County Commissioners to establish the County's legislative program. The County has adopted several revisions to the process of developing its legislative package particularly in the area of capital outlay and the control of extraneous requests from not for pro?t entities and county ?scal agency agreements. Shoats and Weaks, Inc. will be meeting with Commissioners and staff to develop a strategy to promote greater County autonomy and establish selective exemptions for selected state statutes to promote greater self governance and potentially Home Rule. Shoats Weaks will assist the county in developing the legislative package. Based on previous experience, and current legislative activity, beginning this process at the earliest possible date is advisable for the most desirable result. Grassroots, community, and constituent involvement should be included in the development and advocacy of the County?s legislative package. Proposals will be thoroughly researched and presented in a format that will promote knowledge, and constructive debate, and analysis of the legal and technical in addition to political elements of each proposal and the potential for success, failure and rami?cations. In some instances, resources such as the National Association of Counties, NM Association of Counties, National Council of State Legislatures, and the American Legislative Exchange Council can be utilized for background information and model legislation. In other cases analysis will involve primary research by county staff, Shoats 8: Weaks, and legislative resources such as the Legislative Council Service. When possible, actual bill drafts or at the least outlines should be available early in the process. Priorities should be separately developed for ?nancial/capital issues and substantive legislation. The integration of the County?s General Obligation Bond process with the Capital Outlay Infrastructure requests to the legislature is critical. Another consideration that should be addressed in this task is the prioritization of capital projects by various members of the Bernalillo County legislative delegation. Timing of this action is critical, given the intense competition for capital funds and the requirement for local government sign-off on legislator?s capital requests. As we have experienced in the past, the capital outlay process is evolving into a much more detailed and rigorous procedure. The County must be prepared to provide any and all details requested by the legislative delegation and staff on all projects. Given the current ?scal and economic conditions, it is essential that creative and innovative ?nancing and operating structures be explored and implemented including joint powers agreements, public-private partnerships, cost sharing, and other mechanisms promoting economic savings and operational ef?ciencies. The formal presentation of the legislative package and priorities to the commission should be thorough yet succinct. Supportive documentation and analysis of each proposal should be provided and technical staff should be present for explanation. Upon endorsement by the commission, reports should be made available explaining the process by which the package was developed and the prioritization of the proposals. As appropriate, advance copies should be available to the legislative delegation, Governor and app-rcpriate executive staff. 3.) Recommend and obtain sponsors and co-sponsors for the County's legislative bills, as well as obtain the support of key legislators or legislative leadership to enhance the County's ability to pass its legislation. Shoats Weaks have an excellent reputation among legislators for providing sponsors and co- sponsors with the type and quality of support documents needed to strongly and effectively advocate for the passage of legislation. This includes legal, technical and ?scal impact reports as well as bill drafting, and media releases if necessary. Due to the volume of county supported bills and capital outlay requests, this process takes a considerable amount of time and effort and can always be improved by communication and timeliness. Sponsors are carefully chosen on a given issue based on their level of commitment to the bill, their relative in carrying the bill in both chambers and extraneous considerations that may impact the fate of the bill. If possible, sponsorship will be determined during the interim and interim committee endorsement obtained. Shoats Weaks are successful in obtaining bipartisan and leadership support of legislation. In most cases, bipartisan support is advantageous. In most cases, Bernalillo County initiatives and bills have received bipartisan sponsorship and support. 4.) Coordinate with other lobbyists, the New Mexico Association of Counties, the New Mexico Municipal League, other communities or groups, and any other agency or organization as necessary to promote and advance the County's legislative program. Shoats Weaks have a long and strong partnership with the New Mexico Association of Counties, the New Mexico Municipal League, The Middle Rio Grande Conservancy District, the City of Albuquerque, the Albuquerque Bernalillo County Water Utility Authority, the University of New Mexico, Albuquerque Public School District, New Mexico Mid-Region Council of Governments, and Central New Mexico Community College. AC1, Greater Albuquerque Chamber of Commerce, Hispano Chamber of Commerce, the Economic Forum, and the National Association of Industrial and Of?ce Parks. These relationships have been developed over the years by working together cooperatively on legislative and regulatory issues. In cases where proposals may not be initially supported by other entities, compromises of mutual bene?t have often been developed through respectful cooperation and negotiation allowing such proposals to be enacted. Shoats and Weaks, Inc. attend the NMAOC weekly lobbyist meetings during the session, and interim meetings of NMAOC and Municipal League. 5.) Personally attend, and coordinate staff/expert witness attendance at, legislative sessions, as well as interim committee meetings where issues affecting the County are discussed. Shoats Weaks are in attendance every day of the regular and special legislative sessions and maintain a residence with of?ce and communications capabilities in Santa Fe during those periods. Shoats Weaks utilize a variety of methods and systems to communicate legislative activities to clients including e-mail, conference connections, timely legislative tracking reports and, of course, direct phone communication. Shoats Weaks receives hard copies of all bills and related publications of the Legislative Council Service. All bills are examined for potential impact upon clients, and delegated an appropriate signi?cance. Any legislation that conceivably affects a client is immediately brought to their attention for consultation as to appropriate action. Shoats Weaks monitors legislative activity throughout the interim, communicating with the Legislative Council Service about committee work plans and agendas. Ms. Shoats and/or Mr. Weaks are in attendance at all relevant interim committee meetings. When it is prudent, Shoats Weaks will notify County staff that their presence would be favorable at any interim committee meeting. Beginning in the 2014 session a web based system for tracing substantive legislation and capital outlay will be available. 6.) Be available to the Bernalillo County Manager at all times. The Bernalillo County Manager will be kept informed as to how to reach the staff of Shoats and Weaks Inc. at ali times. 7.) Periodically brief the Bernalillo County Commission in person. Ms. Shoats and Mr. Weaks will meet with the Bernalillo County Commission as directed by the Commission or staff. 8.) Provide at a minimum on a quarterly basis, written reports to the County Manager indicating progress towards the attainment of each legislative goal and other legislative matters impacting Bernalillo County activities. During legislative sessions, the of?ce of Shoats and Weaks will coordinate with County staff, including the County Capital Funding Coordinator and the Assistant to the County Manager, regarding reports desired by the Commissioners, County deputies, and other designated staff. Written reports, summaries, legal and ?nancial analysis will be provided in compliance with the provisions of the agreement or more often as directed by the Commission or staff. 9.) Provide written end-of-session reports as soon as practicable to the Board of County Commissioners and the County Manager providing ?nal status of the legislative session, highlighting all legislation impacting the County, strategizing for the next legislative session; and formally present the report to the Board of County Commissioners at a regular Administrative Meeting within 2 months of the end of the legislative session. Written ?nal reports for each legislative session will be provided in compliance with the provisions of the agreement. 10.) The Contractor shall include with reach payment request a written report or summary of relevant legislative activities, to include time Spent on Bernalillo County activities, for the period for which payment is being requested. Written reports and/or summaries of relevant legislative activities including time spent on Bernalillo County activities will accompany all payment requests. REFERENCES Jeff Dye Executive Director New Mexico Hospital Association 7471 Pan American Freeway Albuquerque, NM 87109 Phone: (505) 343-0010 Paul Gutierrez Executive Director New Mexico Association of Counties 613 Old Santa Fe Trail Santa Fe, NM 87501 Phone: (505) 983-2101 Wiiliam F. Fulginiti Executive Director New Mexico Municipai League P. 0. Box 846 Santa Fe, NM 87504 Phone: (505) 432-2036 PROPOSAL for Bernalillo County COUNTY LOBBYIST Binder #2 Response Submitted by Shoats Weaks, Inc. P. O. Box 10461 Albuquerque, NM 87184-0461 (505) 890-0306 Submitted to: Natara Landrau, Senior Buyer Bernalillo County Purchasing Department One Civic Plaza NW, 10th Floor Room 10010 Albuquerque, NM 87102 Proposal Receipt Deadline 3:00 PM August 28, 2013 SHOATS- WEAKS A Government Public Relations Company August 27,7 2013. Purchasing Department 1 AlquuerQUe/Bernaliito"Cotmty Government Center A One Civic-Plaza NW 7 . 2-10th Floor; R?oom 1oo1o Albuquerque, NM 87102 fourteen ;.years., Shoats and :Weaksproje?t that the". time required .?togcomprehensively -, 'prOVide-suCh, services? to be approximately-800 Staf?ng for'the, contract i I (Jas'o'n? Weeks); Servligesrand: sup?ort; - Parthenb?sedgon 60r??xp?fient?z?nd I. heed-for . 3' - . thus} bringing the-county; . 7 a cf'thiijs g! .. Gro'ss Offeror; preSejntl)? orrin?dizre?t, I -. '27ej.suw&eaby? 'anashoatsI-? - emceipresident 'jshoa'ts &.weaks,.1ng. I . :Pr?Sident - Shoats.&Weaks, Inc. . no. Box 104617 a . NO ADDITIONAL PROPOSED TERMS AND CONDITIONS Shoats Weaks, Inc. Insurance Statement I Dan Weaks of Shoats Weeks, Inc. hereby certify regarding insurance, S'hoats and Weaks, Inc. employ fewer than three employees and therefore, are not subject to the provisions of the Workers? Compensation Act of the State of New Mexico. I further certify that should Shoats Weeks, Inc. employee three or more employees during the term of our agreement with 'Bernalillo County, we will immediately comply with the New Mexico Worker?s Compensation Act and provide-proof of said compliance; Dan Weaks, Presiden Shea-ts Weaks, Inc. 7'27- /3 Date CAMPAIGN CONTRIBUTION DISCLOSURE 7 Pursuant to the Procurement Code, Sections 13-1-28, w, NMSA 1978 and NMSA 1978, l3-l-191.1 (2006), as amended by Laws of 2007. Chapter 234, any prospective contractor 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 ?le this form with that state agency or local public body. This form must be ?led even if the contract quali?es as a small purchase or a sole source contract. The prospective ,whethertheyr . - ., . . has made a campaign contribution to an applicable public of?cial 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 of?cial exceeds two hundred and dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13?1?1 81 NMSA 1978 or a contract that is executed may be rati?ed or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code 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 of?cial or the applicable public of?cial?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. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public of?cial, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND 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 of?ce or a person appointed to complete a term of an elected of?ce, who has the authority to award or in?uence 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 of?cial or any person authorized to raise, collect or expend contributions on that of?cial?s behalf for the purpose of electing the of?cial to statewide or local of?ce. ?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 of a prospective contractor, if the prospective contractor is a natural person; or an owner of a prospective contractor. 1 of 3 DFA Disclosure form/July, 2007 ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public Official(s) ifany: Bernalillo County Board of County Commissioners: Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Name of Company (Prospective Contractor) a L: a W195 -, At (Mir act-mctuz.? LA. I053 Contribution Made By: Relation to Prospective Contractor: Name of Applicable Public Official ura- Date Contribution(s) Made: Amount(s) of Contributionts) DD Nature of Contribution(s) Purpose of Contribution(s) (Attac extra pa es if necessary) Signature Date Title (position) 2 on Disclosure tbnn/JuEy 2007 NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER Two HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public of?cial by me, a family member or representative. Name of Company: Signature Date Title (Position) 3 013 DFA Disclosure form/July 2007 A CONTRACT CONTROL NUMBER (CON): COUNTY OF BERNALILLO 0.3 PURCHASING DEPARTMENT 3g 7 :3 CONTRACT CONTROL FORM ONLY gaze .3 It THIS SECTION TO BE COMPLETED av THE REQUESTING DEPARTMENT (SIGNATURE FROM ELECTED OFFICIAL 0R DEPARTMENT DIRECTOR REQUIRED) gr; . GENERAL INFORMATION: ft . I 3867 Em Elected Of?CIaIIDept.Direc?inugeptmiv: 1 ., .. Contact Person: Stephen Thrasher phone NO: 22-333 77 up ,v Type of Goods or Services LObinneWices . I ACCOUNT ASSIONMENTISIIBALANCEJPEDERAL GRANT (FILL IN APPLICABLE INFORMATION): Asset#(if applicable) Cost Center# 631-959 I 9? Order# I was EIementII Grant# unt# ?3534 Yes rant questions must be attached) Account Balance 511026330 Will a Federal Grant be used for funding? (If Yes, Special procurement requirements and County contact to VENDOR Name: Vanessa Alarid - Atarid Consulting 6?06, {0421/0 Contract Period 02110715 1230/15 Inde?nite: Yes I {If ?iers; Contract Amount: 5 20900-00 a Tax:$ 1 .400-00 Total Amount: 21.400.00 Federat Tax NO. we Form AttachedW we On File as? State Tax No PROCUREMENT TYPE: 77 Written Quote {Attached} I RFBII I Other (Attached) THIS SECTION TO BE COMPLETED BY THE PURC SING DEPARTMENT CONTRACT - A Date Entered I 1 By: r- I Shopping Cart a fr 4/ . .1 Type Of AgreementFederal Grant. is vendor debarred andior suspended? (EPLS) No Yes INSURANCE INFORMATIONIREQUIREMENTS (check applicable): Professional Liabitity Commercial General Liability Auto Workers Comp. Other I FINAL REVIEW (T 0 BE ROUTED BY PURCHASING DEPARTMENT IN THE ORDER SHOWN BELOW) REVIEW APPROVALS REQUIRED (Note: Coord. Budget and Risk approval not rpguired, it previously approved RFBIRFP) Date Delivered Appr By Approvat Date Purchasing Departrnent I I (J {1219? *Acct?g Grants Coordinator {req?d if funding is grant related*FinanceIBudget Department 'Rlsk Management Department I A - 3-611015,- Legai Department I 313/ 5/ Deputy County Manager I v" County Manager or Designee $7 Attachment: ?Final? Contract Updated Oct 2913 -DE THIS AGREEMENT is made and entered into this day of $6 mot 2257.6?- 0/55 COUNTY OF BERNALILLO PROFESSIONAL SERVICES AGREEMENT 2015, by and between the County of Bernalillo, a political subdivision of the State of New Mexico, ereinafter referred to as and Alarid Consulting hereinafter referred to as IT IS MUTUALLY AGREED TO BY THE PARTIES: I. II. IV. VI. VII. SCOPE OF WORK: The Contractor will provide services as described and outlined in the attached EXHIBIT A. COMPENSATION: The County will pay to the Contractor in full payment for services rendered, the sum of $20,000.00, plus the applicable New Mexico Gross Receipts Tax Requests for payment must have proper documentation of services performed for the County per the Agreement. TERM: This Agreement shall not become effective until approved in writing by the County Manager and shall terminate on December 31, 2015, unless terminated pursuant to paragraph IV. TERMINATION: This Agreement may be terminated prior to the date set for termination by either party hereto, upon written notice delivered to the other party at least 30 days prior to the intended date of termination. If such termination is accomplished, both parties shall continue to honor obligations pursuant to this Agreement until the date of termination. Termination pursuant to this paragraph by either party shall be considered ?nal with no remedy or appeal. STATUS OF CONTRACTOR: The Contractor is an Independent Contractor performing professional services for the County and is not an employee of the County. The Contractor shall not accrue leave, retirement, workers compensation bene?ts, insurance, bonding, use of County vehicles, or any other benefits afforded to employees of the County, as a result of this Agreement. The County provides no liability coverage to the Contractor. The Contractor acknowledges that all sums received hereunder are reportable by it for income tax purposes as self- employment or business income, and are reportable for self-employment tax and New Mexico Gross Receipts Tax. ASSIGNMENT: The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement. SUBCONTRACTING: The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the written permission of the County. INVOICES: Invoices must be submitted on a basis to the Accounts Payable Of?ce, One Civic Plaza NW, Albuquerque, New Mexico 87102. Invoices may also be E-mailed: accountspayable@bernco.gov. XII. XV. XVII. RECORDS AND AUDIT: The Contractor shall maintain detailed time records, which indicate the date, time and nature of services rendered. These records shall be subject to inspection by the County. The County shall have the right to audit billings, both before and after payment; payment under this Agreement shall not foreclose the right of the County to recover excessive or illegal payment. APPROPRIATIONS: The terms of this Agreement are contingent upon suf?cient appropriations and authorization being made by the Bernalillo County Commission for the performance of this Agreement. If suf?cient appropriations and authorization are not made by the Bernalillo County Commission, this Agreement shall terminate upon written notice being given by the County to the Contractor. The County decision as to whether suf?cient appropriations are available shall be accepted by the Contractor and shall be ?nal. RELEASE: The Contractor, upon ?nal payment of the amount due under this Agreement, releases the County, its elected of?cials and employees from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the County to any obligation not assumed herein by the County, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. CONFIDENTIALITY: Any con?dential information provided to or developed by the Contractor in the performance of this Agreement shall be kept con?dential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. CONFLICT OF INTEREST: The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would con?ict in any manner or degree with the performance of services required under this Agreement. CODE OF CONDUCT: The Contractor agrees to abide by the Code of Conduct of conduct) of the County as it applies to Contractor?s interactions with the County. Any violation of the Code of Conduct shall be considered a breach of this Agreement. AMENDMENT: This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto. SCOPE OF AGREEMENT: This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No prior agreement or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. PENALTIES: 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 kickbacks. INDEMNIFICATION: Contractor shall defend, indenmify and forever hold and save the County, its elected of?cials and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys? fees and all other expenses of any kind from any source which may arise out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its of?cers, employees, servants or agents. XIX. XXII. APPLICABLE LAW: The Agreement shall be governed by the laws of the State of New Mexico. WAIVER: No waiver of any breach of any of the terms or conditions of this Agreement shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. EQUAL OPPORTUNITY COMPLIANCE: The Contractor agrees to abide by all federal and state laws pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these de?ciencies. INSURANCE REQUIREMENTS: (Check One) No insurance is required. Insurance is required as indicated below. The Contractor shall procure and maintain during the life of this Agreement insurance coverage of the kinds and in the amounts listed herein. The Certi?cates of Insurance must be issued by insurance companies authorized to do business in the State of New Mexico and shall cover all performance under this Agreement whether completed by the Contractor, the Contractor?s employees, or by subcontractors. The policies shall include a provision for thirty (30) calendar days written noti?cation to the Bernalillo County Purchasing Department, One Civic Plaza N.W., 10th Floor, Room 10010, Albuquerque, New Mexico, 87102 in the event a policy has been materially changed or canceled. For procurements that exceed $20,000, an Additional Insured Endorsement Form is required. A. Workers Compensation Part 1. Workers Compensation - Statutory Part II. Employers? Liability - $1,000,000 The Contractor shall comply with the provisions of the Workers Compensation Act of the State of New Mexico, (the If the Contractor has determined that it is not subject to the Act, it will certify, in a signed statement, that it is not subject to the Act. The Contractor will notify the Contracting Agency (Bemalillo County) and comply with the Act should it employ three or more persons during the term in providing services to the County. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, the services provided by the Contractor may be terminated effective immediately. Commercial General Liability on ISO form CG 0001 0798 or equivalent. $1,000,000 Each Occurrence $2,000,000 General Aggregate Bodily Injury/Property Damage: C. Business Automobile Liability Combined Single Limit - $1,000,000 Each Occurrence on ISO CA0001 1001 or equivalent. Business Automobile Liability Insurance shall include coverage for the use of all owned, non?owned and hired automobiles and vehicles. D. Independent Contractors: Included E. Contractual Liability: Included in Commercial General Liability $500,000 Each Occurrence $1,000,000 General Aggregate F. Professional Liability: (if applicable) The Contractor shall furnish one copy each of Certi?cates of Insurance herein required for each copy of the Agreement, which shall speci?cally set forth evidence of all coverage required. If such limits are higher than the minimum limits required by the County, such limits shall be certi?ed and shall apply to the 3 coverage afforded the County under the terms and conditions of the Agreement as though required and set forth in the Agreement. The Contractor shall furnish to the County copies of any endorsements that are subsequently issued amending coverage or limits. Approval of Insurance The Contractor or subcontractor(s) shall not begin work under the Agreement until the required insurance has been obtained and the prOper Certi?cates of Insurance (or insurance policies) have been ?led with the County, adding the County as an additional insured as applicable. Neither approval nor failure to approve certi?cates, policies or insurance by the County shall relieve the Contractor or subcontractor(s) of full responsibility to maintain the required insurance in full force and eil'ect. Increased Limits If, during the life of this the Agreement, the legislature of the State of New Mexico increases the maximum limits of the liability under the Tort Claims Act, the County may require the successful Contractor to increase the maximum limits of any insurance required herein. In the event that the successful Contractor is required to increase the limits of such insurance, an appropriate adjustment in the Agreement amount will be made. PAY EQUITY REPORTING REQUIREMENT: By signing this Agreement, the Contractor agrees to comply with the Pay Equity Reporting Requirements provided herein and agrees to complete and submit to the Purchasing Department the required Pay Equity Reporting Form prior to the award of this Agreement or issuance of a Purchase Order. Access to the form, or related information, can be obtained at wwberncogov/purchasing and click on the ?Pay Equity? link. A. If the Contractor has ten (10) or more employees OR eight (8) or more employees in the same job classi?cation, the Contractor must complete and submit the required reporting form. If neither of these cow apply, the Contractor shall provide its initials on the line provided below: i (Contractor initials) B. Should the Contractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, Contractor must agree to provide the required report within ninety (90) calendar days of meeting or exceeding the size requirement. C. The Contractor must also agree to levy these reporting requirements on any subcontractor(s) performing more than 10% of the dollar value of the contract if said subcontractor(s) meets, or grows to meet, the stated employee size thresholds during the term of the contract. The Contractor must further agree that, should one or more subcontractor not meet the size requirement for reporting at contract award but subsequently grows such that they meet or exceed the size requirement for reporting, offer will submit the required report, for each such subcontractor, within ninety (90) calendar days of that subcontractor meeting or exceeding the size requirement.? D. For contracts that extend beyond one (1) calendar year, or are extended beyond one (1) calendar year, the Contractor must also agree to complete and submit the required form annually within thirty (30) calendar days of the anniversary date of the execution of this Agreement. SIGNATURE: A signature sent via facsimile/electronic shall have the same legal effect as if the Original has been signed in person. 536 0/55 IN WITNESS WHEREOF, the County and the Contractor have executed this Agreement as of the last date of execution shown below. APPROVED AS TO FORM COUNTY OF BERNALILLO 9? B/lf/?y nty?Attomey'r/ Date Count? Date CONTRACTOR gm ,r Date 03-205842-00-1 New Mexico Gross Receipts Tax Number 47-1 626636 Federal Tax Number EXHIBIT A February 9, 2015 Vanessa Alarid Alarid Consulting PO Box 35778 Albuquerque, NM 87176 505-503-0640 Assessor Tanya Giddings 501 Tijeras Avenue Northwest Albuquerque, NM (505) 222-3700 Assessor Giddings, Per our discussion, I am writing this proposal to discuss our conversation about the scope of work and contract parameters for Alarid Consulting while working with the Bernalillo County Assessor. Scope of Services A. Lobbying of legislators and the full executive departments, including commissions and appointed officials, and their staffs. In?uencing and affecting public policy that has ANY impact on the Bernalillo County Assessor?s Office. B. Specific attention and effort shall be placed on securing supportive legislation such as that pertaining to property tax and appraisal values and any other statutory issues or appropriations bills at both the legislative and executive levels of state government. C. it is important to note that governmental relations lobbying is not only aimed at promoting positive public poiicy?that which is favorable to the Bernaliilo County Assessor's interests?it aiso includes opposing, and/or blocking and preventing the negative. 3% D.Personally attend, and coordinate appropriate staff attendance, at legislative sessions, as well as interim committee meetings where issues affecting the Bernalillo County Assessor's Office are discussed. E. Provide written activity reports including legislative matters impacting negatively or positively the Bernalillo County Assessor?s Office. F. Provide written end-of?session report as soon as practicable to the Bernalillo County Assessor providing final status of the legislative program, highlighting legislation impactingthe Bernalillo County Assessor's Of?ce activities. G.Periodically brief the Bernalillo County Assessor in person. H.The Bernalillo County Assessor reserves the right to add or delete related services as required. Contractual amounts Beginning February 10, 2015-December 2015 contract amount will not exceed $20,000, plus applicable gross receipts taxes. The Assessor?s of?ce will pay consultant upon proper documentation of services. Please let me know if anything else needs to be addressed. Thank you very rnuch, Vanessa Alarid Alarid Consulting CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections 13-1-28, egg, NMSA 1978 and NMSA 1978, 134-1911 (2006), as amended by Laws Qhaptpr 234, any prospective contractor 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 ?le this form with that state agency or local public body. This form must be ?led even if the contract quali?es as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public of?cial 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 ofa sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total given by the prospective contractor, a family member or a representative of the prospective contractor to the public of?cial exceeds two hundred and fifty dollars ($250) over the two year period. . Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-18] NMSA 1978 or a contract that is executed may be rati?ed or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code if: i) 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 of?cial or the applicable public o?icial?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. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public of?cial, if an for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BE FEED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following de?nitions apply; ?Applicable public of?cial? means a person elected to an of?ce or a person appointed to complete a term of an elected of?ce, who has the authority to award or in?uence the award?oi? 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 ofa sealed competitive proposal. ?Campaign Contribution? means a gi?, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that of?cial's behalf for the purpose of electing the of?cial to statewide or local of?ce. ?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 behalfof 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-iaw, daughter-in-law or son?in-law of a prospective contractor, if the prospective contractor is a natural person: or an owner of a prospective contractor. of 3 DFA Disclowre formlJuly, 2007 ?Pendeney 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 canceliation of the request for proposals. ?Prospective contractor? means a person or business that is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed propose! because that person or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public O?iciaKs) if any: Bernalillo County Board of County Commissioners: Debbie O?Malley, Chair Art De La Cruz, Vice Chair Maggie Hart Stebbins, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Cierlr Willow Misty Parks, Probate Judge Dan M. Houston,?Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE Name of Company (Prospective Contractor) Contribution Made By: Vanessa Alar Relation to Prospective Contractor: Name of Applicable Public Of?cial Tanva Date Contribution(s) Made: Amount(s) of Contribution(s) $250 Nature of Contribution(s) I Cam paion Purpose of Contribution(s) Cam f] (A: extra ages if no Jan 26, 2015 Date ?ignature ., Owner Aland Consulting Titie (position) 2 of 3 DFA Disclosure form/July 2007 NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public of?cial by me, a family member or representative. Name of Company: Signature Date Title (Position) 3 of 3 DFA Disclosure form/July 2007 Automobile Insurance Statement . Vanessa Alarid (Name of Individual) (Title or Capacity) of Aland Consu Itlng herby certify that all Employees, Contract (Name of Contractor or Business) Employees, or Volunteers of said agency are required to have automobile coverage under New Mexico State law ifthey are operating a vehicle. It is the reSponsibiIity of the agency to insure that all entities working on behalf of their program are in compliance with all automobile insurance requirements. I further certify that agency non-owned vehicles will not be used in the performance of the scope of work under the contract with Bernalillo County. (Signature) February 28, 2015 (Date) WORKERS COMPENSATION STATEMENT Vanessa Alarid Owner (Title or Capacity) of Aland Consumng? LLC hereby certify that I employ fewer than three employees and therefore not subject to the provisions of the Workers Compensation Act of the State of New Mexico. I further certify that should I employ three or more persons during the term of my contract with the County, I will comply with the provisions of the New Mexico Workers Compensation Act and provide proof of such compliance to the County of Bernalillo, Purchasing Department. i ghature Feb 9, 2015 Date Phillip B. Lee From: Kevin D. Kinzie Sent: . Tuesday, March 03, 2015 5:18 PM To: Phillip B. Lee Subject: RE: PSA with Alarid Consulting for Lobbyist SVC for Assessor It doesn't appear that Ms. Ala rdi has ANY insurance other than her personal auto coverage. That being the didn?t we check the box "No Insurance Required" in the contract section related to insurance? Seems it would have been simpler. Anyway, it is OK to waive Professional liabili_ty, but it also appears there is no CGL, but the request to waive does not seem to include that category. Did she request to waive that as well? I imagine she works from Kevin D. Kinzie Director Risk Management Department 505.314.0443 Message-m- From: Phillip B. Lee Sent: Tuesday, March 03, 2015 5:07 PM To: Kevin D. Kinzie Subject: FW: PSA with Alarid Consulting for Lobbyist SVC for Assessor importance: High Just foilowing up on my request from yesterday (see below) - have you had a chance to review? Please let me know at yourear?liest convenience. Thankyou, Phil-lip 'Lee, Purchasing Administrator 468-1580 jF-r?om: Phillip B. Lee Sent: Tuesday, March 03, 2015 9:09 AM TozrrKevin D. :Kinzie (kdkinzie@bernco.g0v) Cc: Michelle L. Aguilar Subj?ct: FW: PSA with Alarid Consulting for Lobbyist SVC for Assessor Importance:- High Good morning Kevin. A Lobbyist (Alarid Consulting) that the County wants to contract with is requesting a wavier for the ProfesSional Liability requirement as outlined in the Professional Services Agreement (PSA) see attached copy of the PSA for your information. Could you review and advise if this is possible or not. Any?'questions, please contact me. Thank you, Phillip Lee, Purchasing Administrator 468-1680 From: Vanessa Alarid Sent: Monday, March 02, 2015 4:15 PM To: Phillip B. Lee Subject: Re: PSA with Alarid Consulting for Lobbyist SVC for Assessor Mr. Lee, I hope you had a nice weekend. Per our conversation this morning, I am writing to ask about a waiver for the insurance liability. I recall the insurance liability being waved during the last contractual agreement. As we discussed, lam a governmental affairs consultant wherein my duties involve numerous meetings and conversations. i will not be present in any sort of construction Site or responsible for anyone's physical well-being, other than my own. Please let me know if this may be waived. Thank you, Vanessa Alarid 505.503.0640 020,3 -a7gtf PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of 0 4T0 Eg?? 2013, by and between the County of Bernalillo, New Mexico, a political subdivision in the State of New Mexico, (hereinafter referred to as the "County"), and HROD, Inc. dba Murray, Montgomery O?Donnell, (hereinafter referred to as the "Contractor"). WITN ESSED: WHEREAS, the County issued a Request for Proposals for Federal Lobbyist Services, RFP No. 06- attached hereto as Exhibit and WHEREAS, the Contractor submitted its Proposal, dated September 6, 2013, in response to RFP No. 06-14-N L, attached hereto as Exhibit WHEREAS, the County desires to engage the Contractor to deliver certain goods and render certain services in connection therewith, and the Contractor is willing to provide such goods and services. NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows: 1. Scope of Services Pursuant to Exhibit A and Exhibit all of which are incorporated herein by reference and made a part of this Agreement, the Contractor shall provide Federal Lobbyist Services to Bernalillo County. 2. Term This Agreement shall become effective as of October 19, 2013 and shall continue through June 30, 2017 unless terminated by either party pursuant to the termination provisions contained herein. 3. Termination for Cause If, through any cause, the Contractor fails to fulfill the Contractor's obligations under this Agreement in a timely and proper manner, or if the Contractor violates any of the covenants, agreements or stipulations of any part of this Agreement, the County shall have the right to terminate the Agreement. The County reserves the right to recover any excess costs incurred by deduction from an unpaid balance due to the Contractor, or any other legal method. Cancellation shall be done by giving written Notice of Cancellation to the Contractor. The Notice of Cancellation shall include the effective date of cancellation. The official address of the County is: The official address of the Contractor is: The County Purchasing Department HROD, lnc.. One Civic Plaza NW, Room 10010 dba Murray, Montgomery O?Donnell Albuquerque, NM 87102 101 Constitution Floor, East Washington, DC. 20001 4. Termination for Lack of Appropriations The terms of this Agreement are contingent upon suf?cient appropriations and authorization being made by the Bernalillo County Commission for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Bernalillo County Commission, this Agreement shall terminate upon written notice being given by the County to the Contractor. The County?s decision as to whether sufficient appropriations are available shalt be accepted by the Contractor and shall be final. Termination for Convenience of County The County may terminate this Agreement at any time by giving at least thirty (30) calendar days notice in writing to the Contractor. If the Agreement is terminated by the County as provided herein, the Contractor will be paid in the amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments previously made. Termination by Contractor The Contractor may terminate this Agreement on an annual basis at the expiration of each year of the term of this Agreement by giving written notice to the County at the address listed herein at least sixty (60) calendar days prior to the expiration of each year of the term of this Agreement. The expiration of each year for termination purposes shall be de?ned as 365 days from the date of execution of this Agreement and every 365 days thereafter for the term of this Agreement except for the final year which shall be based on the expiration date of June 30, 2017. Compensation and Method of Payment A. The County will pay to the Contractor an annual fee of $85,800.00 for all services rendered, listed in Exhibit B, attached hereto, to be pro-rated the first year from October 19, 2013 through June 30, 2014 and annually thereafter, plus applicable New Mexico Gross Receipts Tax, which constitutes full and complete compensation for the Contractor's services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such serwces. B. Method of Payment: Upon completion of work in a manner satisfactory to the County, and upon receipt by the County of a properly documented invoice, payment to the Contractor will be made within thirty (30) days from receipt of the invoice. Except as otherwise agreed to, late payment charges may be assessed against the County in the amount and under the conditions set forth in NMSA 1978, ?13-1-158. Independent Contractor Neither the Contractor nor its employees are considered to be employees of the County for any purpose whatsoever. The Contractor is considered to be an Independent Contractor at all times in the performance described herein. The Contractor further agrees that neither it nor its employees are entitled to any benefits from the County under the provisions of the Worker's Compensation Act of the state of New Mexico, or to any of the benefits granted to employees. The Contractor shall not accrue leave, retirement, workers? compensation benefits, insurance, bonding, use of County vehicles, or any other benefits afforded to employees of the County, as a result of this Agreement. The County shall provide no liability coverage to the Contractor. The Contractor acknowledges that all sums received hereunder are reportable for income tax purposes as applicable for self- employment or business income, and New Mexico Gross Receipts Tax. Personnel A. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services as described under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the County. B. The services required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in performing the services shall be fully qualified and shall be authorized or permitted under federal, state and local laws to perform such services. C. None of the services covered by this Agreement shall be subcontracted without the prior written approval of the County. Any portion of the services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. 10. 11. 12. 13. Indemnity Contractor shall defend, indemnify and forever hold and save the County, its elected officials and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys? fees and all other expenses of any kind from any source which may arise out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its officers, employees, servants or agents. Reports and Information At such times and in such forms as the County may require, there shall be furnished to the County such statements, records, reports, data and information, as the County may request pertaining to matters covered by this Agreement. Audits and Inspections At any time during normal business hours and as often as the County may deem necessary, there shall be made available to the County for examination all of the Contractor's records with respect to all matters covered by this Agreement. The Contractor shall permit the County to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Insurance A. General The Contractor shall procure and maintain during the life of this Agreement insurance coverage of the kinds and in the amounts listed herein. The Certificates of Insurance must be issued by insurance companies authorized to do business in the State of New Mexico and shall cover all performance under this Agreement whether completed by the Contractor, the Contractor?s employees, or by subcontractors. The policies shall include a provision for thirty (30) calendar days written notification to the Bernalillo County Purchasing Department, One Civic Plaza NW, 10 Floor, Room 10010, Albuquerque, New Mexico, 87102 in the event a policy has been materially changed or canceled and be written on a occurrence form naming the County as additional insured (per Form CG20101185, CG2010397 or equivalent). Statutory $1 ,000,000 The Contractor shall comply with the provisions of the Workers Compensation Act of the State of New Mexico, (the If the Contractor has determined that it is not subject to the Act, it will certify, in a signed statement, that it is not subject to the Act. The Contractor will notify the County and comply with the Act should it employ three or more persons during the term of any Agreement with the County. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, agreement with the County may be terminated effective immediately. Workers Compensation Employers Liability Commercial General Liability with ISO form CG 0001 0798 or equivalent $1,000,000 Each Occurrence $2,000,000 General Aggregate $1,000,000 Each Occurrence $2,000,000 Aggregate Bodily Injury/Property Damage: Products/Completed Operations: Business Automobile Liability $1,000,000 Each Occurrence on ISO CA0001 1001 Business Automobile Liability Insurance shall include coverage for the use of all owned, non- owned and hired automobiles and vehicles. Combined Single Limit: Included Included in Commercial General Liability Independent Contractors: Contractual Liability: The Contractor shall furnish one copy each of Certificates of Insurance herein required for each copy of the Agreement, which shall specifically set forth evidence of all coverage required. If 14. 15. 16. 17. 18. 19. such limits are higher than the minimum limits required by the County, such limits shall be certified and shall apply to the coverage afforded the County under the terms and conditions of the Agreement as though required and set forth in the Agreement. The Contractor shall furnish to the County copies of any endorsements that are subsequently issued amending coverage or limits. B. Approval of Insurance The Contractor or subcontractor(s) shall not begin work under the Agreement until the required insurance has been obtained and the proper Certi?cates of Insurance (or insurance policies) have been filed with the County, adding the County as an additional insured as applicable. Neither approval nor failure to approve certificates, policies or insurance by the County shall relieve the Contractor or subcontractor(s) of full responsibility to maintain the required insurance in full force and effect. C. Increased Limits If, during the life of this the Agreement, the legislature of the State of New Mexico increases the maximum limits of the liability under the Tort Claims Act, the County may require the successful Contractor to increase the maximum limits of any insurance required herein. in the event that the successful Contractor is required to increase the limits of such insurance, an appropriate adjustment in the Agreement amount will be made. Record Ownership It shall be clearly understood and agreed between the parties that the County is and shall be the owner of all documents and records pertaining to any matter undertaken by the Contractor pursuant to this Agreement. Release The Contractor, upon final payment of the amount due under this Agreement, releases the County, its elected officials and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the County to any obligation not assumed herein by the County, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. Con?dentiality Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. Conflict of Interest The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of work required under this Agreement. Scope of Agreement This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written agreement. No prior agreement or understandings, verbal or otherwise, of the parties, or their agents shall be valid or enforceable unless embodied in this Agreement. Notice Any notices required to be given hereunder shall be sent to the principals at the addresses specified in Section 3 herein. if either party shall change addresses or principals, then such party shall notify the other party in writing. If no notification is made, then notice shall be deemed effective if sent to the principals at the addresses specified in Section 3 herein. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. Compliance with Appiicable Law Contractor shall comply with all applicable state, federal, municipal and county laws, rules and ordinances. Waiver No waiver of any breach of any of the terms or conditions of this Agreement shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. Equal Opportunity Compliance The Contractor agrees to abide by all federal and state laws and regulations pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. Applicable Law This Agreement shall be governed by the laws of the state of New Mexico. Changes The County may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the County and the Contractor, shall be incorporated in written amendments to this Agreement. This Agreement shall not be altered, changed or amended except by an instrument in writing executed by the parties hereto. Assignability The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or notation), without the prior written consent of the County thereto. Construction and Severability If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Enforcement The Contractor agrees to pay to the County all costs and expenses including reasonable attorney's fees incurred by the County in exercising any of its rights or remedies in connection with the enforcement of this Agreement. Penalties The New Mexico Procurement Code, (NMSA 1978, ?13?1-28 through 13-1-199), imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Entire Agreement This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Approval Required This Agreement shall not become effective or binding until approved by the Bernalillo County Commissioners. Facsimile/Electronic Signature A signature sent via facsimile or electronically shall have the same legal effect as if the Original Agreement has been signed in person. 4L2 this day of rove BOARD OF COUNTY COMMISSIONERS Motion to app m. 2013. . A. SIGNATURE PAGE Lon?'ie C. Talbert, Member JMTROVEDASTOFORMI I .J?f/l pf?? County Attorney Date: CONTRACTOR: :5 Ea? H7170 ATTEST: By: Date: New Mexico Gross Receipts Tax Number Federal Tax Identification Number SIGNATURE PAGE Motion to approve . . this day of I BOARD OF courmr I . b3 . - . Lonnie C. Tafbert, Member APPROVED AS TO FORM: {in County Attorney Ls" Date: 5 ATTEST: CONTRACTOR: CM. 112100 New Mexico Gross Receipts Tax Slumber 4" . . {1 I furl-aim LH 92? . a . .. Federal Tax Identi?cation NumberEXHIBIT Bernalillo County Request for Proposal Federal Lobbyist Services Non Mangl_atory Pre-proposal Conference: Auggst 9, ?013, 11:00 in; (local time) One Civic Plaza NW 10th Floor Conference Room Albuquerque, NM 87102 Proposal Due: August 28, 2013 4:00 pm. (local time) Bernalillo County Purchasing Department, Room 10010 One Civic Plaza NW, 10th Floor Albuquerque, NM 87102 Prepared by: Natara Landrau Bernalillo County Purchasing Department August 1,2013 TABLE OF CONTENTS I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS B. SUMMARY SCOPE OF WORK C. PROCUREMENT MANAGER D. DEFINITION OF TERMINOLOGY II. CONDITIONS GOVERNING THE PROCUREMENT A. SEQUENCE OF EVENTS B. EXPLANATION OF EVENTS C. EVALUATION PROCESS D. GENERAL REQUIREMENTS RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES B. NUMBER OF COPIES C. PROPOSAL FORMAT D. PROPOSAL ORGANIZATION IV. SCOPE OF WORK V. MISCELLANEOUS VI. EVALUATION CRITERIA VII. PROPOSED DRAFT AGREEMENT APPENDIX A - SUBMITTAL LETTER FORM APPENDIX - RANKING INFORMATION APPENDIX - CAMPAIGN CONTRIBUTION DISCLOSURE FORM APPENDIX - RESIDENT VETERANS PREFERENCE CERTIFICATION (ONLY APPLICABLE IF SUBMITTING A RESIDENT VETERANS PREFERENCE CERTIFICATE 10-11 12-13 13 13-14 15-21 22 23 24-26 27 INTRODUCTION PURPOSE OF THIS REQUEST FOR PROPOSALS The Bernalillo County Office of the County Manager is soliciting proposals from experienced and qualified firms for one or more Federal Lobbyists to provide Federal Lobbyist Services on behalf of the County. SUMMARY SCOPE OF WORK The Bernalillo County (?County?) Purchasing Department on behalf of the Bernalillo County Office of the County Manager is soliciting proposals from experienced and qualified firms to provide Federal Lobbyist Services including services acting as the lead Washington Representative to Bernalillo County, New Mexico in Washington DC. on federal legislation and project matters as requested by the County. All potential Offerors are encouraged to read this Request for Proposal carefully, particularly the mandatory requirements. PROCUREMENT MANAGER CONTACT Any inquiries or requests regarding this procurement should be submitted in writing to the designated Procurement Manager listed below. Attempts to contact anyone other than the Procurement Manager that the prospective Offeror believes can influence the procurement decision, Elected Officials, County Manager, Evaluation Committee Members, etc., may lead to immediate elimination from further consideration. All responses will be in writing and will be distributed to all potential Offerors who receive a copy of this Request for Proposals. Natara Landrau, Senior Buyer Bernalillo County Purchasing One Civic Plaza, NW, 10th Floor Albuquerque, New Mexico 87102 Telephone: (505) 468-7386 Fax: (505) 468-7067 E-mail nlandrau@bernco.gov DEFINITION OF TERMINOLOGY This paragraph contains definitions that are used throughout this Request for Proposals (RFP), including appropriate abbreviations. ?Addendum? shall mean a change, addition or supplement to the information provided in this RFP document. ?Agreement? shall mean a duly executed and legally binding contract. "Contractor" shall mean successful Offeror. ?County? shall refer to the County of Bernalillo, New Mexico. ?County Purchasing Department? means the purchasing agent for the County of Bernalillo, New Mexico, or a designated representative thereof. ll ?Desirable? means the terms ?may can?, ?should?, ?preferably?, or "prefers" identi?es a desirable or a discretionary item or factor for the Department to determine. ?Determination? means the written documentation of a decision of a procurement manager including findings of fact required supporting a decision. A determination becomes part of the procurement file to which it pertains. ?Evaluation Committee Report? means a report prepared by the Procurement Manager on behalf of the Selection Committee that contains all written determinations resulting from the conduct of a procurement requiring the evaluation of competitive sealed proposals. ?Finalist? is defined as an Offeror who meets all the mandatory specifications of the RFP and whose score on evaluation factors is sufficiently high to qualify that Offeror for further consideration by the Selection Committee. ?Mandatory? means the terms ?must?, ?shall?, "will", "is required?, or ?are required?, identify a mandatory item or factor. Failure to meet a mandatory item or factor may result in the rejection of the Offerors proposal, without exception. ?Notice of Award? shall mean a formal written notice by the Purchasing Department. ?Offeror? is any person, corporation, or partnership who chooses to submit a proposal. ?Owner? is synonymous with the County. ?Procurement Manager? means the person or designee authorized by the Purchasing Department to manage or administer procurements requiring the evaluation of competitive sealed proposals. "Purchase Order? means the document, which directs a contractor to deliver items of tangible personal property or services pursuant to an existing Agreement. ?Request for Proposals? or means all documents, including those attached or incorporated by reference, used for soliciting proposals. ?Resident Business? means a business that has a valid resident business certificate issued by the taxation and revenue department pursuant to ?13-1-22 NMSA 1978 but does not include a resident veteran business. [added 7/3/12] ?Resident Veteran Business? means a business that has a valid resident veteran business certificate issued by the taxation and revenue department pursuant to ?13-1-22 NMSA 1978. [Added 7/3/12] ?Responsible Offeror? means an Offeror who submits a responsive proposal and who has furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate to make satisfactory delivery of the services or items of tangible personal property described in the proposal. ?Responsive Offer? or ?Responsive Proposal? means an offer or proposal, which conforms in all material respects to the requirements set forth in the request for proposals, including all mandatory requirements. Material respects of a request for proposals include, but are not limited to, price, quality, quantity, or delivery requirements. ?Selection Committee? means a team established to evaluate proposals, conduct interviews, and assist with negotiations during proposal evaluation for a specific product or services. Teams typically represent the functional areas to be addressed in the discussions. The Procurement Manager shall provide only technical assistance requested by the committee. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP outlines and describes the major events of the Selection Process and specifies general requirements. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere to the following schedule: _A_cti0_n 1 issue of RFP Non-mandatory Pre- 2- proposal Conference 3 Deadline to Submit Questions. due 10:00 am. 4_ Response to Written Questions/RFP 5. Submission of Proposal 6. Proposal Evaluation 7_ Status Notification of 8. Interviews (if applicable) 9. Contract Negotiations 10. Award Responsibility County Purchasing Department Purchasing Dept, [Selection Committee, Offerors Potential Offeror Purchasing Dept, lSeIection Committee Offerors Selection Committee Purchasing Department Selection Committee, Finalists Purchasing Dept, [Selection Committee Bernalillo County Commission Date August 5, 2013 August 9, 2013 August 15, 2013 August 21, 2013 August 28, 2013 Week of September 2, 2013 Week of September 9, 2013 Week of September 16, 2013 Week of September 23, 2013 To Be Determined B. EXPLANATION OF EVENTS 1. Distribution of RFP Document: - This RFP is issued by the County Purchasing Department in accordance with the provisions of Sections 13-1-120 and 13-1-121 NMSA 1978. The County Purchasing Department is the only organization who is authorized to make copies and/or distribute this RFP in any format. A distribution list of those who receive the RFP will be maintained throughout the procurement process and will become part of the procurement file. Receipt of a Proposal from Offerors not included on the distribution list shall result in immediate disqualification and Proposal shall be rejected. 2. Questions/Clarifications Between the time of issuance of the RFP and the non-mandatory conference, prospective Offerors are encouraged to call or e-mail the Procurement Manager (See Section LC), concerning any questions about the scope of work or the RFP schedule. Additional copies of the RFP can be obtained from the Procurement Manager. 3. Non-Mandatory Conference A non-mandatory conference will be held August 9, 2013 at 11:00 am. Mountain Daylight Time in Conference Room on the 10th Floor of the Albuquerque/Bernalillo County Government Center, One Civic Plaza NW, Albuquerque, New Mexico, 87102. Potential Offerors are encouraged to submit written questions in advance of the conference to the Procurement Manager (See Section The identity of the organization submitting the question(s) will not be revealed. Additional written questions may be submitted at the conference. All written questions will be addressed at the conference. A public log will be kept of the names of potential Offerors that attended the non-mandatory conference. Attendance at the non-mandatory conference is n_ot a prerequisite for submission of a proposal. Deadline to Submit Additional Written Questions Potential Offerors may submit additional written questions as to the intent or ciarity of this RFP until 10:00 am. on August 15, 2013. All written questions must be submitted to the Procurement Manager via postal service, hand-delivery, electronic mail, or facsimile (See Section 1.0). All responses to written questions will be distributed via e-mail or facsimile to the Offeror distribution list. Include the e-mail address for the individual appointed to receive responses to the questions. Response to Written Questions/RFP Addendums Written responses to written questions that result in an RFP Addendum will be distributed in writing via e-mail or facsimile to all recipients of the original RFP. If the RFP requires a time extension, the proposal submission date will be changed as part of the written Addendum. Any Addendum issued prior to the submittal deadline shall become a part of the RFP. Submission of Proposal - All Offeror proposals must be received for review and evaluation, no later than 4:00 pm. Mountain Daylight Time on August 28, 2013, addressed to the Purchasing Department, One Civic Plaza NW (Room 10010), Albuquerque New Mexico, 87102. The Purchasing Department will date and time stamp the sealed envelope upon receipt. It is the responsibility of the Offeror to ensure that proposals are received at the address listed above prior to the deadline. Proposals received?after this deiiline will not be accepted. Proposals must be sealed and labeled on the outside of the package to clearly indicate response to the RFP Proposals by facsimile or any other method will not be accepted. C. EVALUATION PROCESS The Evaluation Process section contains specific information about the process of evaluating Offeror proposals. 1. Notice of Non-Responsiveness For any proposal submitted which is deemed non-responsive the Offeror will be notified in writing of such determination by the Purchasing Department. Selection Process - The Selection Committee will review each Offerors proposal. Points will be allocated, as outlined in Section VI of this RFP, by each member. Each member?s point totals will be translated into a numeric ranking of all proposals. The individual member rankings will be totaled together to determine the overall ranking of proposals. During this time, the Procurement Manager may initiate discussions with Offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposal through oral presentations (interview) or the provision of information (either orally or written) deemed necessary to assist in the evaluation process. However, proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the Offerors. Offerors are advised that the Selection Committee, at its option, may enter into the negotiation process with the highest ranked Offeror on the basis of the evaluation of the written proposals only, and may not require discussion and/or interviews. Upon completion of the selection process, the Selection Committee shall recommend award of contract to the County Commission or their designee for approval. Each responsive Offeror will be notified in writing as to their status following the selection process. Status Notification of Finalists/Non-Finalists Each responsive Offeror will be notified in writing about the status of their proposal. This notification will include information regarding whether or not their proposal has been selected for the interview or negotiation process. Finalists wili be those Offerors whose proposals have been selected to continue in either the interview or negotiation process. Non finalists are those Offerors whose proposals have not been selected to continue in either the interview or negotiation process. Best and Final Offers From Finalist(s) Finalist(s) may be asked to submit revisions to their proposals for the purpose of obtaining best and final offers. When applicable, the notification to Finalist(s) who have been selected to submit a best and final offer will include the date and time, the best and final offer must be submitted. Interviews with Finalists If applicable the notices for the Finalists who have been selected for interviews, will include the interview date and time. The interview location is at the discretion of the Selection Committee. Interview questions will be sent to finalists prior to interview by the Purchasing Department. Interview scoring will total 100 points. The points are equally divided 6 between the prepared questions and each member will allocate points. Each member?s point totals will be translated into a numeric ranking of all interviewed Finalists. The individual member rankings will be totaled together to determine the overall ranking of Finalists. Rankings for the evaluation of written proposals are weighted 40% and ranking from the interviews are weighted 60% in determining the final selection as shown in Appendix B. The Offeror with the highest combined ranking (lowest numerical score) from the interview shall be recommended for award. Negotiations The County will begin negotiations with the highest ranked Offeror(s) following Finalist notification. Actual fees shall be negotiated based upon specific services, reimbursable expenses, and specific successful Offeror requirements. if negotiations are successful, the County shall prepare an Agreement for approval by the County Commission or its designee. if an agreement on terms cannot be reached within a reasonable time the County shall terminate negotiations and begin negotiations with the next firm on the ranking list. This process will continue until an Agreement has been negotiated with one of the firms on the ranking list. If an Agreement cannot be negotiated with the firms on the ranking list, the County may choose to negotiate with other qualified Offerors scored by the Committee or to terminate negotiations. GENERAL REQUIREMENTS The General Requirements section contains specific information about the process, general conditions, and instructions, which govern this procurement. 1. Protests - In accordance with Section 13-1-172 NMSA 1978, any Offeror who is aggrieved in connection with a solicitation or award of an Agreement may protest to the Purchasing Director. The protest must be submitted in writing within fifteen (15) calendar days after knowledge of the facts or occurrences giving rise to the protest to: Lisa Sedillo-White, Purchasing Director Purchasing Department, Room 10010 One Civic Plaza, NW Albuquerque, NM 87102 Protests must include the name and address of the protestant, the solicitation number, and a statement of grounds for protest, including appropriate supporting exhibits. Protests received after the deadline will not be accepted. Incurring Cost - Any cost incurred by the Offeror in preparation, transmittal, or presentation of any proposal or material submitted in response to this RFP shall be borne solely by the Offeror. Application of Preferences This procurement is subject to the application of preferences, pursuant to ?13-1-21, NMSA 1978. Offerors are not eligible to receive both a Resident Business Preference and a Resident Veteran Business preference. Section VI provides further detail regarding how preference points will be calculated. Resident Business Preference: In accordance with ?13-1-22, NMSA 1978, to receive additional points based on a 5% preference, the Offeror shall submit with its proposal, a copy of a valid Resident Business Certificate issued by the New Mexico Taxation and Revenue Department. Resident Veteran Business Preference: In accordance with ?13-1-22, NMSA 1978, to receive additional points based on the applicable Resident Veteran Business Preference described in A, B, or below, the Offeror must submit a copy of a valid Resident Veteran Business certificate issued by the New Mexico Taxation and Revenue Department and the attached ?Resident Veterans Preference Certification? form (Appendix D). The Resident Veteran Business Preference is based on the following: A. Businesses with annual revenues of $1 or less are to receive a 10% preference; B. Businesses with annual revenues of more than but less than are to received an 8% preference; C. Business with annual revenues of more than are to receive a 7% preference. Subcontractors - All work that may result from this procurement must be performed by the successful Offeror and payments will only be made to the successful Offeror. 10. 11. 12. 13. Amended Proposals - An Offeror may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. Purchasing Department personnel will not collate or assemble proposal materials. Right to Reject Proposal The County reserves the right to reject a proposal from any Offeror who has previously failed to perform properly, has caused the County to incur unreasonable costs or expense, failed to complete on time an agreement of a similar natureposition to perform the work governed by this RFP. Offerors Rights to Withdraw Proposal Offerors will be allowed to withdraw their proposals at any time, prior to the deadline for receipt of proposals. The Offeror must submit a written withdrawal request signed by the Offerors duly authorized representative addressed to the Director of the Purchasing Department. The approval or denial of withdrawal requests received after the deadline for receipt of the proposals is at the discretion of the Director of the Purchasing Department. Disclosure of Proposal Contents A public log will be kept of the names of all Offerors which submitted proposals. The proposals and documents pertaining to the proposals will be kept confidential throughout the duration of the procurement process and until a contract is awarded. At that time, all proposals will be open to the public, except for the material, which has been previously noted and deemed as proprietary or confidential. Confidentiality/Public Records Confidential data is normally restricted to confidential financial information concerning the Offerors organization and data that qualifies as trade secrets in accordance with the Uniform Trade Secrets Act, to 57-3A-7 NMSA 1978, or as provided by the Confidential Materials Act (14-3A-1, 1978 14-3A-2 NMSA 1978), and as otherwise provided by law. With the exception of the aforementioned, information and materials received by the County in connection with this RFP response shall be deemed to be public records, subject to public inspection, upon award of the RFP and execution of an Agreement by the County Commission or their designee. If the Offeror believes any of the information contained in its response is exempt from the inspection of Public Records Act (NMSA 1978, Chapter 14, Article 2), then the Offeror must identify the material deemed to be exempt and cite the legal authority for the exemption. Any pages of a proposal on which the Offeror has stamped or imprinted ?pr0prietary" or ?confidential? must be readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. The County?s determination of whether an exemption applies shall be final, and the Offeror agrees to defend, indemnify and hold harmless the County elected officials, employees and agents against any loss or damages incurred by any person or entity as a result of the County's treatment of records as public records. Cancellation This RFP may be canceled at any time and any and all proposals may be rejected in whole or in part when the Director of the Purchasing Department determines such action to be in the best interest of the County. Sufficient Appropriation Any Agreement awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. The County?s decision as to whether sufficient appropriations and authorizations are available is in the sole discretion of the County and shall be final and binding upon the Contractor. If the determination is made that there is insufficient funding to continue or finalize the services the contractor will be compensated to the level of effort performed, as authorized by the County prior to that determination. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance of the Conditions Governing the Procurement, Section ll, in the Submittal Letter Form. Submission of a proposal constitutes acceptance of all conditions contained herein including the evaluation criteria contained in Section Vi. Standard Agreement - A draft copy of the proposed Agreement to be entered into is included in Section VII. However, the County reserves the right to negotiate with the successful Offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror's proposal will be incorporated into and become part of the Agreement. 8 14. 15. 16. 17. 18. 19 20. 21. 22. 23. 24. 25. Offeror Qualifications - The Selection Committee may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RF P. The Selection Committee will reject the proposal of any Offeror who is not a responsible Offeror or fails to submit a responsive offer as defined in Sections 13-1-83 and 13-1?85 NMSA 1978 Right to Waive Minor Irregularities - The Purchasing Department reserves the right to waive minor irregularities. The Purchasing Department also reserves the right to waive mandatory requirements if the mandatory requirement not met does not otherwise materially affect the procurement. This right is at the sole discretion of the Purchasing Department. Notice The New Mexico criminal statutes impose felony penalties for bribes, gratuities and kick-backs. Release of Information Only the County is authorized to release information covered by this RFP. The Offerors must refer to the County any requests to release any information that pertains to the work or activities covered by any action or award related to this RFP. Ownership of Documents - Any specifications, and other project documents are the property of the County. Costs Incurred in Responding - This solicitation does not commit the County to pay any costs incurred in the preparation and submission of proposals or in making necessary studies or designs for the preparation thereof, nor to procure or contract for services. It is anticipated that an Agreement will be awarded within 90 days after receipt of proposals. The anticipated Agreement term approximately two (2) years and eight (8) months. The County reserves the right to issue a multiple award. Insurance Requirements Insurance is required of the Contractor in the limits identified in the Proposed Draft Agreement, Paragraph 15, attached hereto. Proof of licensing The County reserves the right to request proof of licensing for which licensure by the State of New Mexico or another agency is required, Professional Architect/Engineer Number, State Bar Member Number, etc). W-9 Information - Pursuant to Federal Tax Law (Internal Revenue Code, Section 6041), the County is required to obtain a Taxpayer Identification Number (TIN) and a completed W-9 from the successful Offeror; according to Federal Income Tax Law (Internal Revenue Code, Section 3406), failure to furnish this information and correctly (within 30 days) may result in a $50.00 penalty imposed by the Internal Revenue Service. In addition, the Internal Revenue Service may require the County to withhold 28% or payments made, if the information is not furnished by the successful Offeror. If the successful Offeror?s business is classified as a corporation, tax-exempt organization, government agency, or other exempt payee, the County will not file an Annual Information Return (Form 1088 Misc.) on your behalf. However, the law requires your TIN in addition to informing the County of payee type. If classified as an individual or sole proprietor, the TIN is your Social Security Number; otherwise, your Federal Employer Identification Number serves as your TIN. Applicable Law - This procurement and any Agreement that may result from this procurement shall be governed by the laws of the State of New Mexico. RESPONSE FORMAT AND ORGANIZATION This section describes the format and organization of the Offerors responses. Failure to conform to these guidelines may result in the disqualification of the proposal. A. NUMBER OF RESPONSES Offeror?s may submit only one (1) proposal. NUMBER OF COPIES Offeror's shall deliver an original plusfour identical copies (5 total) of Binder 1 and one (1) original and one (1) identical copy (2 total) of Binder #2 of their proposal, to the location specified on or before the closing date and time for receipt of proposals. ORIGINALS shall be clearly marked as such. The Selection Committee will not collate, merge, or otherwise manipulate the Offeror's proposals. PROPOSAL FORMAT All proposals must be typewritten on standard 8 1/2 11 paper. The proposal must be limited in format and length. All fold-out sheets, up to a maximum of 11" 17? sheets will be counted as two (2) pages and shall be labeled as such. Length of the Proposal shall be limited to a maximum of forty (40) pages (printed sheet faces) of text and/or graphic material. Material excluded from the forty (40) page maximum count shall include and shall be limited to: Front cover (blank on back side) Divider pages (blank except for title information) Table of Contents (one page maximum) Submittal Letter Form Appendix A Cost Detail Binder 2 Certificate(s) of insurance Resident Business Certificate Resident Veteran Business Certificate (must also submit Appendix Resident Veteran Preference Certification) Resident Veterans Preference Certification - Appendix (must also submit Resident Veteran Business Certificate) 6 Back cover (blank on one side) ANY SHEETS OR PAGES INCLUDED IN THE PROPOSAL, BUT NOT SPECIFICALLY EXCLUDED, AS NOTED ABOVE, SHALL BE COUNTED TOWARDS THE 40 PAGE MAXIMUM. PROPOSAL ORGANIZATION The proposal is to be organized and indexed in the following format and must contain, as a minimum, all listed items in the sequence indicated. Binder #1 (Mandatory) 1. Table of Contents 2. Submittal Letter Form. Proposals must be accompanied by a Submittal Letter Form (Appendix A), which contains the following information: A. Identity of the submitting business, including name and address of organization, firm, or Department and nature of organization (individual, partnership or corporation, private or public, profit or non-profit); B. Identifies the name and title of the person(s) authorized by the company to contractually obligate the business for the purpose of this C. Identifies the names, titles, and telephone numbers of persons to be contacted for clarification questions regarding this RFP and person(s) to be contacted for negotiations. D. Acknowledges receipt of any and all Addendums to this E. By signing the form the Offeror is explicitly indicating the following: 10 1. Acceptance of Conditions Governing the Procurement as stated in Section II of this RFP. 2. A commitment to comply and act in accordance with the following: Federal Executive Orders relating to the enforcement of civil rights; New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement of civil rights; Federal Code, 5 USCA 7201 et. seq., Anti-discrimination in Employment; Executive Order No. 11246, Equal Opportunity in Federal Employment; Title 6, Civil Rights Act of 1964; Requirements of the Americans with Disabilities Act of 1990 for work performed as a result of this RFP. 3. Signature on the form must be from a person authorized to contractually obligate the Offeror. 3. ?Campaign Contribution Form? In accordance with Appendix C, Offeror?s must comply with pertaining to the disclosure of campaign contributions made to an applicable public of?cial of a local public body. Offeror(s) shall submit the ?Campaign Contribution Disclosure Form? with their proposal submittal. Any Offeror who fails to comply with this requirement will be disqualified, no exceptions. NOTE: THIS FORM SHALL BE SUBMITTED IN ITS ORIGINAL FORMAT AND SHALL NOT BE MODIFIED OR CHANGED IN ANY WAY. 4. Proposal Summary (optional)* 5. Response to Proposal Requirements (except for cost response) 6. Additional Required Materials Binder 2 a. Complete Cost Response Provide Response on Firm?s Letterhead to include at a minimum an hourly rate for services outlined in RFP. b. Resident Business Certificate or Resident Veteran Business Certificate (see Section ll.D.3 for additional information). 0. Offeror's Additional Terms and Conditions? *Properiy tabbed divider for this section must be included in the proposal. Optional Proposal Summary is for information overview only and will not be scored. If no summary is provided, a single sheet must be included, following the tabbed divider, stating ?No Proposal Summary included with this proposal". **If no exceptions or modifications have been included and Offeror has explicitly indicated acceptance on the ?Submittal Letter? and no additional proposed Terms and Conditions are included, so state on a single sheet, following the tabbed divider. Within each section of their proposal, Offerors should address the items in the order in which they appear in this RFP. All discussion of proposed costs, rates or expenses must occur only in a separate location with the cost response form. Offerors may attach other materials that they feel may improve the quality of their responses. However, these materials should be included as items in a separate appendix and counted towards the forty (40) page maximum. Any proposal that does not adhere to these requirements may be deemed non-responsive and rejected on that basis. 11 IV. SCOPE OF WORK GENERAL REQUIREMENTS The County of Bernalillo, New Mexico is soliciting proposals from experienced and qualified firms to provide Federal Lobbyist Services which include: A. Act as the lead Washington Representative for Bernalillo County, New Mexico in Washington DC on federal legislation and project matters as requested by the County Manager. Proportionate to the level of payment for Services specified herein, furnish requisite office space, utilities, furnishings and equipment, secretarial services, common-use office supplies and services, general administrative support and consultation with local government associations research staff and access to those ongoing research activities and studies of the National Association of Counties required by the Contractor in the performance of Services under this Agreement. Confer with the County Manager, Board of County Commissioners and such other County personnel as the County Manager or Board of County Commissioners may designate at the times and places mutually agreed to on all organizational planning and program activity which has a hearing on the ability of the County to make the best of federal aid programs. Review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the County of those items which may have a bearing on County policies or programs, and deliver memoranda and reports to the County in a timely fashion and in a level of detail to be mutually agreed upon. Secure and furnish such detailed information as may be available on federal programs in which the County indicates an interest. Review and comment on legislative proposais and projects of the County being prepared for submission to federal agencies when requested to do so by the County Manager or designee. Maintain liaison with the County?s congressional delegation and assist the delegation in any matter which the County determines to be in its best interest in the same manner as any other member of the County?s administrative staff might render assistance. Counsel with the County regarding appearances by its personnel before congressional committees and administrative agencies, arrange for appointments and accommodations for its personnel; and prepare written testimony for County officials to present to Congressional committees, as necessary. Contact federal agencies on the County's behalf when County applications are under consideration by such agencies and otherwise take whatever steps appear to be required to obtain the most favorable consideration of such applications. Coordinate other County federal lobbying activities to ensure that the County's proposals receive appropriate consideration and congressional support. In providing Services under this Agreement, act in the name of the County and with the title of Washington Representative to the Board of County Commissioners. In providing Services under this Agreement, the Contractor will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office, nor take a position on pending legislation, nor attempt to in?uence legislation by propaganda or othenivise. Any change in the person of the Washington Representative from the person representing the County as of the effective date of this Agreement must be approved by the County. The County Manager is authorized to request the Services of the Contractor and shall be kept advised by the Contractor. The County Manager wiil advise the Contractor of any other individuals authorized to request Services. 12 N. The County will supply the Contractor with a summary of all federal programs in which the County is participating and provide the Contractor with information as to when new applications are filed, together with pertinent details as to the substance of such applications. 0. Conduct research and provide advice toward developing the County?s annual federal legislative agenda. P. Participate in scheduled briefings with the County Manager and Commissioners on the status of all issues assigned to the Consultant and other issues of interest to the County. Q. Maintain effective and positive working relationships with the New Mexico Congressional delegation, the Executive branch, and their staffs. Arrange and staff meetings with Congressional and Executive contacts as directed from County professional staff and/or elected officials. R. Upon request, the Lobbyist may assist in developing partnerships with other governmental entities or the private sector that could improve congressional advocacy for programs that benefit Bernalillo County. 8. Provide the County Manager with copies of bills, budget documents, committee reports, rules and regulations or other information reasonably available which is pertinent to the issues identified in the County?s federal legislative agenda or having a bearing to the County. T. Provide, at a minimum on a semi-annual basis, written reports to the County Manager indicating progress towards the attainment of each legislative goal and other legislative matters impacting Bernalillo County activities. U. Provide written end-of?session reports as soon as practicable to the Board of County Commissioners and the County Manager providing final status of each Congressional session, highlighting all legislation impacting the County and strategizing for the next Congressional session. V. The Contractor shall include with each payment request a written report or summary of relevant legislative activities, to include time spent on Bernalillo County activities, for the period for which payment is being requested. V. MISCELLANEOUS Payment/Invoices All invoices must include the Purchase Order number and shall be sent directly to Bernalillo County, Department of Finance, Accounts Payable, One Civic Plaza NW, Albuquerque, NM 87102. VI. EVALUATION CRITERIA A. Selection Process: The County Manager shall name, for the purposes of evaluating the proposals, a Selection Committee. On the basis of the evaluation criteria established in this RFP, the Selection Committee shall submit to the Purchasing Department a list of qualified Offerors in the order in which they are ranked. Proposal documentation requirements set forth in this RFP are designed to provide guidance to the Offeror concerning the type of documentation that will be used by the Selection Committee. Offerors should be prepared to respond to requests by the Purchasing Department on behalf of the Selection Committee for clarification, best and final offers, oral presentations, demonstrations or other areas deemed necessary to assist in the detailed evaluation process. Offerors are advised that the County, at its option, may award this request on the basis of the evaluation of the initial offers without conducting interviews. B. Evaluation Criteria: A maximum total of 100 points are possible in scoring each proposal for the evaluation. A brief explanation of each evaluation criteria and the corresponding point values for each is listed below. Information in one criterion may overlap information in other criteria. Offerors are encouraged to fully address each criteria completely, as points are assigned for responses to each separately. The evaluation criteria to be used by the Selection Committee for the proposal and the corresponding point values for each criteria are as follows: 13 . . . Points Evaluation Criteria Possible Demonstrated ability to effectively communicate with County Commission, County Manager and County Staff 5 regarding legislation and goals. Demonstrated experience in marketing ideas and goals for counties and municipalities of similar size to Bernalillo 25 County. Demonstrated familiarity with the political process on a 25 Federal and State level. Demonstrated ability to organize legislative support. 25 Proposed Cost (Binder 20 Total Possible Points 100 Cost of Lowest Offeror Maximum Cost Score (100) Cost Score of this Offeror Cost of this Offeror Interviews (applicable to Finalists only) If an interview is held, the Purchasing Department will distribute questions and instructions to the finalists prior to scheduled interview. A maximum total of 1% points are possible in scoring each interview for this RFP. The Selection Committee may at their discretion request additional clarification as to the contents of the RFP submittal from any of the Offeror(s). Application of Preferences (Point?Based): The preference points shall be calculated by multiplying the applicable preference percentage (see Section l.D.3 for applicable preference percentage) by the ?Total Possible Points? in Section above. Only those Offerors who provide the required preference certificate and the certification form in accordance with Section will receive additional points, which will be added to their already evaluated score. Application of Preferences - Weight-Based (applicable only if an interview is held): Rankings for the evaluation of written proposals are weighted 40% and ranking from the interviews are weighted 60% in determining the final selection as shown in Appendix B. The preference points shall be calculated by multiplying the applicable preference percentage (see Section l.D.3 for applicable preference percentage) by the ?weighted points". Only those Offerors who provide the required preference certificate and the certification form in accordance with Section will receive additional points, which will be added to their already evaluated score. Note: if an interview is not held, the preference points will be based on the ?Total Points? of Section only. 14 SECTION VII PROPOSED DRAFT AGREEMENT THIS AGREEMENT, made and entered into this day of 2013, by and between the County of Bernalillo, New Mexico, a political subdivision in the State of New Mexico, (hereinafter referred to as the "County"), and (hereinafter referred to as the "Contractor"). WITN ESSED: WHEREAS, the County issued a Request for Proposals for RFP No. attached hereto as Exhibit and WHEREAS, the Contractor submitted its Proposal, dated 2013, in response to RFP No. attached hereto as Exhibit and WHEREAS, the County desires to engage the Contractor to render certain services in connection therewith, and the Contractor is willing to provide such services. NOW, THEREFORE, in consideration of the premises and mutual obligations herein, the parties hereto do mutually agree as follows: 1. Scope of Services The Contractor shall provide Federal Lobbyist Services in accordance with Exhibit A as supplemented by Exhibit both of which are incorporated herein by reference and made a part of this Agreement. 2. Inferior Materials All services, found to be inferior to the quality specified in RFP No. or deficient or incorrect in weight, measurement, workmanship, handicraft or otherwise, may be rejected as a whole or in part, and then shall be removed by the Contractor at the Contractor's own risk and expense after notice of rejection. The Contractor shall assume responsibility for taking the necessary action to correct or replace the rejected items within thirty (30) consecutive calendar days of the receipt of notice of rejection. 3. Term This Agreement shall become effective upon the date of final execution and shall continue for a two (2) year and eight (8) months period unless terminated by either party pursuant to the termination provisions contained herein. 4. Use of Agreement With the consent of the Contractor, other Central Purchasing Departments (NMSA 1978, ?13-1-37) may purchase under this Agreement, provided that the services are under the same terms and conditions as stated herein, unless a lower price is agreed to between the Central Purchasing Department and the Contractor. 5. Termination for Cause If, through any cause, the Contractor fails to fulfill the Contractor?s obligations under this Agreement in a timely and proper manner, or if the Contractor violates any of the covenants, agreements or stipulations of any part of this Agreement, the County shall have the right to terminate the Agreement. The County reserves the right to recover any excess costs incurred by deduction from an unpaid balance due to the Contractor, or any other legal method. Cancellation shall be done by giving written Notice of Cancellation to the Contractor. The Notice of Cancellation shall include the effective date of cancellation. The official address of the County is: The official address of the Contractor is: The County Purchasing Department One Civic Plaza NW, Room 10010 Albuquerque, NM 87102 10. 11. Termination for Lack of Appropriations The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Bernalillo County Commission for the performance of this Agreement. If suf?cient appropriations and authorization are not made by the Bernalillo County Commission, this Agreement shall terminate upon written notice being given by the County to the Contractor. The County?s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. Termination for Convenience of County The County may terminate this Agreement at any time by giving at least thirty (30) calendar days notice in writing to the Contractor. If the Agreement is terminated by the County as provided herein, the Contractor will be paid in the amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Agreement, less payments previously made. Termination by Contractor The Contractor may terminate this Agreement on an annual basis at the expiration of each year of the term of this Agreement by giving written notice to the County at the address listed herein at least sixty (60) calendar days prior to the expiration of each year of the term of this Agreement. The expiration of each year for termination purposes shall be defined as 365 days from the date of execution of this Agreement and every 365 days thereafter for the term of this Agreement. Compensation and Method of Payment A. The County will pay to the Contractor in full payment for services rendered, the sum of or at the rates listed in Exhibit attached hereto, plus applicable New Mexico Gross Receipts Tax, which constitutes full and complete compensation for the Contractor's services under this Agreement, including all expenditures made and expenses incurred by the Contractor in performing such services. B. Method of Payment: Upon completion of work in a manner satisfactory to the County, and upon receipt by the County of a properly documented invoice, payment to the Contractor will be made within thirty (30) days from receipt of the invoice. Except as othenivise agreed to, late payment charges may be assessed against the County in the amount and under the conditions set forth in NMSA 1978, ?13-1-158. Independent Contractor Neither the Contractor nor its employees are considered to be employees of the County for any purpose whatsoever. The Contractor is considered to be an Independent Contractor at all times in the performance described herein. The Contractor further agrees that neither it nor its employees are entitled to any benefits from the County under the provisions of the Worker's Compensation Act of the state of New Mexico, or to any of the benefits granted to employees. The Contractor shall not accrue leave, retirement, workers' compensation benefits, insurance, bonding, use of County vehicles, or any other benefits afforded to employees of the County, as a result of this Agreement. The County shall provide no liability coverage to the Contractor. The Contractor acknowledges that all sums received hereunder are reportable for income tax purposes as applicable for self- employment or business income, and New Mexico Gross Receipts Tax. Personnel A. The Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services as described under this Agreement. Such personnel shall not be employees of or have any contractual relationships with the County. B. The services required hereunder will be performed by the Contractor or under its supervision and all personnel engaged in performing the services shall be fully qualified and shall be authorized or permitted under federal, state and local laws to perform such services. 16 12. 13. 14. 15. C. None of the services covered by this Agreement shall be subcontracted without the prior written approval of the County. Any portion of the services subcontracted hereunder shall be speci?ed by written agreement and shall be subject to each provision of this Agreement. Indemnity Contractor shall defend, indemnify and forever hold and save the County, its elected officials and employees harmless against any and all suits, causes of action, claims, liabilities, damages, losses and reasonable attorneys? fees and all other expenses of any kind from any source which may arise out of this Agreement or any amendment hereto, if caused by the negligent act, error, or omission, or intentional act, error, or omission of the Contractor, its officers, employees, servants or agents. Reports and Information At such times and in such forms as the County may require, there shall be furnished to the County such statements, records, reports, data and information, as the County may request pertaining to matters covered by this Agreement. Audits and Inspections At any time during normal business hours and as often as the County may deem necessary, there shall be made available to the County for examination all of the Contractor's records with respect to all matters covered by this Agreement. The Contractor shall permit the County to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Insurance A. General The Contractor shall procure and maintain during the life of this Agreement insurance coverage of the kinds and in the amounts listed herein. The Certificates of Insurance must be issued by insurance companies authorized to do business in the State of New Mexico and shall cover all performance under this Agreement whether completed by the Contractor, the Contractor?s employees, or by subcontractors. The policies shall include a provision for thirty (30) calendar days written notification to the Bernalillo County Purchasing Department, One Civic Plaza N.W., 10 Floor, Room 10010, Albuquerque, New Mexico, 87102 in the event a policy has been materially changed or canceled. For procurements that exceed $20,000, an Additional Insured Endorsement Form is required. 1. Workers Compensation Part I. Workers Compensation Statutory Part II. Employers? Liability - $1,000,000 The Contractor shall comply with the provisions of the Workers Compensation Act of the State of New Mexico, (the If the Contractor has determined that it is not subject to the Act, it will certify, in a signed statement, that it is not subject to the Act. The Contractor will notify the Contracting Agency (Bernalillo County) and comply with the Act should it employ three or more persons during the term in providing services to the County. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, the services provided by the Contractor may be terminated effective immediately. 2. Commercial General Liability on ISO form CG 0001 0798 or equivalent. $1,000,000 Each Occurrence $2,000,000 General Aggregate Property Damage Liability Insurance shall not exclude Explosion Collapse Underground Coverage (XCU) Products/Completed Operations: Bodily Injury/Property Damage: $1,000,000 Each Occurrence $2,000,000 General Aggregate 17 16. 17. 18. Pollution Legal Liability - $1,000,000 Each Occurrence (If Applicable) 4. Business Automobile Liability . Combined Single Limit - $1,000,000 Each Occurrence on ISO CA0001 1001 or equivalent. Pollution Liability (form MCSQO) for Transportation exposure - $1,000,000 Each Occurrence. (If Applicable) Business Automobile Liability Insurance shall include coverage for the use of all owned, non- owned and hired automobiles and vehicles. Independent Contractors: Included Contractual Liability: Included in Commercial General Liability $1,000,000 Each Occurrence $2,000,000 General Aggregate The Contractor shall furnish one copy each of Certificates of Insurance herein required for each copy of the Agreement, which shall specifically set forth evidence of all coverage required. If such limits are higher than the minimum limits required by the County, such limits shall be certified and shall apply to the coverage afforded the County under the terms and conditions of the Agreement as though required and set forth in the Agreement. The Contractor shall furnish to the County copies of any endorsements that are subsequently issued amending coverage or limits. Professional Liability: (if applicable) B. Approval of Insurance The Contractor or subcontractor(s) shall not begin work under the Agreement until the required insurance has been obtained and the proper Certificates of Insurance (or insurance policies) have been filed with the County, adding the County as an additional insured as applicable. Neither approval nor failure to approve certificates, policies or insurance by the County shall relieve the Contractor or subcontractor(s) of full responsibility to maintain the required insurance in full force and effect. C. Increased Limits If, during the life of this the Agreement, the legislature of the State of New Mexico increases the maximum limits of the liability under the Tort Claims Act, the County may require the successful Contractor to increase the maximum limits of any insurance required herein. In the event that the successful Contractor is required to increase the limits of such? insurance, an appropriate adjustment in the Agreement amount will be made. Record Ownership It shall be clearly understood and agreed between the parties that the County is and shall be the owner of all documents and records pertaining to any matter undertaken by the Contractor pursuant to this Agreement. Release The Contractor, upon final payment of the amount due under this Agreement, releases the County, its elected officials and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the County to any obligation not assumed herein by the County, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. Confidentiality Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 18 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Conflict of Interest The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of work required under this Agreement. Scope of Agreement This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written agreement. No prior agreement or understandings, verbal or otherwise, of the parties, or their agents shall be valid or enforceable unless embodied in this Agreement. Notice Any notices required to be given hereunder shall be sent to the principals at the addresses specified in Section 4 herein. If either party shall change addresses or principals, then such party shall notify the other party in writing. If no notification is made, then notice shall be deemed effective if sent to the principals at the addresses specified in Section 4 herein. Compliance with Applicable Law Contractor shall comply with all applicable state, federal, municipal and county laws, rules and ordinances. Waiver No waiver of any breach of any of the terms or conditions of this Agreement shall be held to be a waiver of any other or subsequent breach; nor shall any waiver be valid or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. Equal Opportunity Compliance The Contractor agrees to abide by all federal and state laws and regulations pertaining to equal employment opportunity. If Contractor is found to be not in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. Applicable Law This Agreement shall be governed by the laws of the state of New Mexico. Changes The County may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the County and the Contractor, shall be incorporated in written amendments to this Agreement. This Agreement shall not be altered, changed or amended except by an instrument in writing executed by the parties hereto. Assignability The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County thereto. Construction and Severability If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19 29. 30. 31. 32. Enforcement The Contractor agrees to pay to the County all costs and expenses including reasonable attorney's fees incurred by the County in exercising any of its rights or remedies in connection with the enforcement of this Agreement. Penalties The New Mexico Procurement Code, (NMSA 1978, ?13-1-28 through 13-1-199), imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Entire Agreement This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Facsimile/Electronic Signature A signature sent via facsimile or electronically shall have the same legal effect as if the Original Agreement has been signed in person. 20 SIGNATURE PAGE Motion to approve this day of ,2013. BOARD OF COUNTY COMMISSIONERS Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member APPROVED AS TO FORM: County Attorney Date: ATTEST: CONTRACTOR: By: Maggie Toulouse Oliver, County Clerk Date: Date: New Mexico Gross Receipts Tax Number Federal Tax Identification Number 21 APPENDIX A SUBMITTAL LETTER FORM 06-14-NL Identity of Submitting Business (including dlbla): MailingAddress: Who can contractually obligate? Name/1' itle: E?mail: Phone: Contact for InquirielelarificationsINe otiations inquiries/Clarifications E-mail: Phone: Name/Title: Contact for Negotiations E-mail: Phone: Namefl'itle Addendum Acknowledgment: If Addendum has been received, please indicate how many in the spaces below. Addendum number(s) through have been received. By signing below my companylentitylorganization commits to comply and act in accordance with the (1) Conditions Governing the Procurement as stated in Section II of the (2) Federal Executive Orders relating to the enforcement of civil rights; (3) New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement of civil rights; (4) Federal Code, 5 USCA 7201 et. seq., Anti-discrimination in Employment; (5) Executive Order No. 11246, Equal Opportunity in Federal Employment; (6) Title 6, Civil Rights Act of 1964 and (7) Requirements of the Americans with Disabilities Act of 1990 for work performed as a result of this RFP. Si ned: Date: 22 APPENDIX Final Rankings Rankings for the evaluation of written proposals are weighted 40% and rankings from the interviews are weighted 60% in determining the final selection. The combined weighted rankings of written proposals and the interview determine the final rankings. The firm with the highest ranking (lowest numerical total) shall be awarded the selection. A sample of the selection ranking determination is given below. Submittal Interview Final Rankina Firm A 1st 3rd (1 3 Firm 3rd 1st (3 1 Firm 2"d 2"d (2 2 *Highest ranking (lowest numeric total) is awarded the selection. All overall committee rankings, including written proposals, interview, and final rankings are public record and will be available for public inspection after final award of the project. Individual scores and rankings by each committee member shall be confidential. Ties in ranking by individual committee members and by collective committee rankings shall be scored using the sum of the ranking places, divided by the number of firms in a tie. The following is an example of scoring, for a tie at first. Scoring Numerical Ranking Firm A Tie (1st 2"d/2) 1.5 Firm Tie (1st 2W2) 1.5 Firm 3rd 3 A tie for first, at the end of the final rankings shall be broken by a separate ranking by the Selection Committee members, only ranking the firms involved in the tie. If a tie still exists after ranking only the tied firms, the Chair of the Selection Committee shall break the tie. Point Calculations All calculations of point standings, including any addition or deduction of points to Offeror submittals shall occur at a meeting of the Selection Committee, with all members in attendance. 23 APPENDIX CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections 13-1-28, et seg., NMSA 1978 and NMSA 1978, 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 234, any prospective contractor 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 ?le this form with that state agency or local public body. This form must be ?led even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public of?cial 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 of?cial exceeds two hundred and ?fty dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executed may be rati?ed or terminated pursuant to Section 13-1-182 NMSA 197 8 of the Procurement Code 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 of?cial or the applicable public of?cial?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. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public of?cial, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND 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 de?nitions apply: ?Applicable public official? means a person elected to an of?ce or a person appointed to complete a term of an elected office, who has the authority to award or in?uence 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 of?cial or any person authorized to raise, collect or expend contributions on that of?cial?s behalf for the purpose of electing the of?cial to statewide or local of?ce. ?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 of a prospective contractor, if the prospective contractor is a natural person; or an owner of a prospective contractor. of 3 DFA Disclosure form/July, 2007 24 APPENDIX ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prosPective contractor? means an of?cer 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. Name(s) of Applicable Public Of?cial(s) if any: Bernalillo County Board of County Commissioners: Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Name of Company (Prospective Contractor) Contribution Made By: Relation to Prospective Contractor: Name of Applicable Public Of?cial Date Contribution(s) Made: Amount(s) of Contribution(s) Nature of Contribution(s) Purpose of Contribution(s) (Attach extra pages if necessary) Signature Date Title (position) 2 of 3 DFA Disclosure fonn/July 2007 APPENDIX NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public of?cial by me, a family member or representative. Name of Company: Signature Date Title (Position) 3 of 3 DFA Disclosure form/July 2007 26 ?Must also subunit the Resident Veterans Certi?cate if using this Certification? APPENDIX Resident Veterans Preference Certi?cation (NAME OF CONTRACTOR) hereby certi?es the following in regard to application of the resident veterans' preference to this procurement: Please check one box only I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is less than allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime. El I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than but less than allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. El I declare under penalty of perjury that my business prior year revenue starting January I ending December 31 is more than allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime. agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate: ?In conjunction with this procurement and the requirements of this business? application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be. understand that knowingly giving false or misleading information on this report constitutes a crime. I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime.? (Signature of Business Representative)* (Date) *Must be an authorized signatory for the Business. The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or unaward of the procurement involved if the statements are proven to be incorrect. 27 Margie Hart S-tehtsim. (their Ethnic: 3 Willie D?hrhlicy?. View Chair Cruz, Member {senate C. Tai??'a Member tame: at Wayne A. delirium. rent-ears ate-Kitties Tm Edit-Mia ELEC TE ?flaw R. Giddt?gs Assesses- MW ?Pastimes mire? ?ask ?imam Misty Parks might Dan Houston Street? Manny ?rth Tm- mousse Fingers it .rtibuqaaramf?eaes lei-?23m? {irate (.505; east-tars Fi?: {sari . i DATE: August 27, 2013 TO: ALL PROSPECTIVE OFFERORS FROM: Purchasing Department RE: Prepared by Natara Landrau, Senior Buyer Addendum #1 RFP Federal Lobbyist Services This Addendum #1 to Request for Proposal RFP is issued by Bernalillo County Purchasing Department. The Addendum contains reference to the non-mandatory pro-proposal meeting, written questions received by 10:00 am. August 15, 2013, responses to written questions and changes/revisions made to the original Request for Proposal. All respondents to this RFP must acknowledge all Addenda in Binder Submittal Letter Form, Appendix A. The non-mandatory pro-proposal conference (August 9, 2013) was held however there were no Prospective Offerors in attendance. Questions and Responses 1. Do wer?aveto submit insurance documents with the proposal or of acceptantre'an'dii'agreement? Response: '"Mthhughgnot marked as mandatory in the RFP, it is high 7 within your proposalfthat the proper insurance amounts outlined within Sec-nod Proposed Draft Agreement are already met. Speci?cally, the Professional Liability 7am0unt should ideally be provide resROnse. I have a couple of questions regarding the RFP A. Do ali sections need tabs? I know there are speci?c areas-Wherertabisiare proposal summary but was not sure if all sections tab dividers. . Response to Question: No. B. Also ?1 see the term for the is 2 8 months Q?iiei-?revious contract was 4 years just wanted to was readi?. .. - -- Response to Question: and We?ll wait to see thegaddendum ill that or do we log into the Purchasing website? Response: willgirjgii??ceive an email notification and can download the document(s) the-Conn y'i?s wep?'site. I see the proposed? I receives 2?.Qipoints otheii'proposals receive 0? lS 0 points. Does that mean that the lowest bidder automatically Response; R?i?errtorpagesi? and 14, Section VI. B. and C. Evaluation refer to Item under Changes/Revisions. to show a copy of your ?rms Certi?ciate of Liability Insurance within your What documents would be considered ?Additional Required Materials?. Response: Page 11, 6. Delete and replace with: ?Additional Required Materials, if applicable?. At this time, I have one question about the RFP: In the RF P, Section IV. Scope of Work and General Requirements, Item (page 12) states the ?Contractor will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public of?ce, nor take a position on pending legislation, nor attempt to in?uence legislation by propaganda or otherwise.? Discussion: It is common practice in federal representation for lobbyists to contribute to, and actively raise funds for, the campaigns of senators, congressman and candidates for federal of?ce who support the agenda of a ?rm?s clients. It is likely that this prohibition will be a problem for most registered lobbying ?rms in Washington. The Federal Government deals with this issue by requiring registered lobbyists to report their contributions in a publicly accessible database in parallel with the lobbying registration database, also publicly available. Question: Can you please clarify the scope of this prohibition on participation in campaigns? Does it apply only to county elections, or does it apply to state, and/or federal of?ce as well? Discussion: Further, ?rms providing federal representation are directly involved on a daily basis in taking ?a position on pending legislation? and attempting to in?uence legislation for their clients this is a core practice/service of federal representation, and one of the services provided as requested in the RFP. Virtually all ?rms providing federal representation will have multiple clients for which they are providing legislative advocacy. Many ?rms, ours included, go to great to make sure to avoid con?icts of interests between clients. We have responded to RFPs that required a discussion of how a ?rm avoids these con?icts. Question: Can you please clarify the scope of this prohibition as it relates to taking a position on proposed legislation? Response: Section IV. Scope of Work General Requirements, K. Delete and Replace with: In providing Services under this Agreement, the Contractor will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for a county public of?ce in the County of Bernalillo, nor take a position on pending legislation proposed by the Board of County Commissioners of Bernalillo County, nor attempt to influence such legislation by propaganda or otherwise. The Contractor shall be familiar with the restrictions imposed by the County?s Code of Conduct, Art. Division 4, Ordinance No. 2-126 et seq., and avoid conflicts of interest prohibited therein. In responding to this RFP, the Contractor shall describe how it avoids con?icts of interest between its clients who may have differing interests.? My question relates to the ?distribution list? for the RFP. Under section II.B.1. of the RFP (page 5), there is a sentence is hold that have included below: ?Receipt of a Proposal from Offerors not included on the distribution list shall result in immediate disquali?cation and Proposal will be rejecteddistribution list that I am aware of, but we are now registered as Offerors in the proposal process. Does this mean that we are now on the distribution list, and that our proposal will be accepted? Response: In accordance with Section II.B.1., 3"d sentence: distribution list of those who receive the RFP will be maintained throughout the procurement process and will become part of the procurement Changes/Revisions 8. 9. Page 5 Cover Page Proposal Due: Delete and Replace with: September 6, 2013 3:00 pm. (local time). Section ILA. Sequence of Events: 5. Submission of Proposal. Delete and replace with September 6, 2013 6. Proposal Evaluation. Delete and replace with Week of September 9, 2013 10. 11. 12. l3. 14. Page 6 Page 9 Page 1 1 Page 14 Page 15 7. Status Noti?cation of Delete and replace with Week of September 16, 2013 8. Interviews (if applicable). Delete and replace with Week of September 23, 2013 9. Contract Negotiations. Delete and replace with week of September 30, 2013 10. Award To Be Determined. 6. Submission of Proposal. Delete and replace ?rst sentence with: ?All Offeror proposals must be received for review and evaluation, no later than 3:00 pm. Mountain Daylight Time on September 6, 2013, addressed to the Purchasing Department, One Civic Plaza NW (Room 10010), Albuquerque New Mexico, 87102. Item #20. Delete and replace with: ?It is anticipated that an Agreement will be awarded within 90 days after receipt of proposals. The anticipated Agreement term is approximately three (3) years and eight (8) months. Binder 2. a. Delete and replace with: ?Complete Cost Response - Cost Responses should be inclusive of all fees for the work contained herein, include an amount for a 12 month period and an hourly rate provided on Firm?s Letterhead. C. Evaluation Criteria. Delete and replace formula shown below Evaluation Criteria Table with: Cost of Lowest Offeror Maximum Cost Score (20) Cost Score of this Offeror Cost of this Offeror Section VII.. 3. Term. Delete and replace with: This Agreement shall become effective upon the date of ?nal execution and shall continue for approximately three (3) years and eight (8) month period unless terminated by either party pursuant to the termination provisions contained herein. No other changes/revisions have been made. All Offerors must acknowledge receipt of this Addendum in the Submittal Letter Form, Appendix A. If further assistance regarding this process is required, please contact Natara Landrau, Senior Buyer, by electronic mail at the address provided in the proposal document. On behalf of the County, the Bernalillo County Purchasing Department would like to thank you for your time and interest in RFP and we apologize for any inconvenience this Addendum may have caused. We look forward to your continued interest and your future responses to the ongoing needs of Bemalillo County. xc: RFP EXHIBIT 8 Murray, Montgomery O?Donnell Proposal to Bernalillo County, New Mexico In Response to RFP Binder 1 Federal Lobbyist Services September 6, 2013 Submitted By John R. O?Donnell Kyriakos P. Pagonis Murray, Montgomery O?Donnell 101 Constitution Ave, NW 9th Floor Washington, DC 20001 202.742.4410 202.742.4351 COPY .h I in. Table of Contents I. Submittal Letter Form 11. Campaign Contribution Form 111. Proposal Summary IV. Response to Proposal Requirements A. Ability to Effectively Communicate with County Commission, County Manager and County Staff B. Demonstrated Experience in Marketing Ideas and Goals C. Demonstrated Familiarity with the Political Process on the Federal and State Level D. Ability to Organize Legislative Support V. Additional Required Information A. Insurance Certification VI. Appendix A. Moving Bernalillo County Forward B. References APPENDIX A SUBMITTAL LETTER FORM 06-14-NL Identity of Submitting Business (including dlbla): HROD, Incorporated Murray, Montgomery O'Donnell Mailing Address: 101 Constitution Ave NW 9th Floor, East Washington, DC. 20001 Who can contractually obligate? NamefTitle: E-mail: Phone: John O'Donnell, Partner jod@mmodc.com 202-742-4360 Contact for Inquiries/Clari?cations E-mail: Phone: Name/Title: kpp@mmodc_ com 202-742-4 361 Kyriakos Pagonis, Sr. Associate Contact for Negotiations E-maili Phone: 202-742-4360 Name/Title jod@mmodc.com John O?Donnell, Partner Addendum Acknowledgment: If Addendum has been received, please indicate how many in the spaces below. Addendum number(s) 1 through 1 have been received. By signing below my companylentitylorganization commits to comply and act in accordance with' the (1) Conditions Governing the Procurement as stated in Section ll of the (2) Federal Executive Orders relating to the enforcement of civil rights; (3) New Mexico State Statutes and County of Bernalillo Ordinances regarding enforcement of civil rights; (4) Federal Code, 5 USCA 7201 et. seq., Anti-discrimination in Employment; (5) Executive Order No. 11246, Equal Opportunity in Federal Employment; (6) Title 6, Civil Rights Act of 1964 and (7) Requirements of the Amie-arts with Disabi-H-t?Wes Act 90 for work performed as a result of this RFP. I 0:131:49 Signed: 22 APPENDIX 9 aw?; NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public of?cial by me, a family member or representative. Title (Position) 3 of 3 DFA Disclosure form/July 2007 26 Proposal Summary Murray, Montgomery and O?Donnell (MMO) has represented large, medium and small public sector clients primarily in the West and Southwest since 1975. The number of years it has been retained by many of its municipal clients demonstrates capacity to provide Bernalillo County with the highest level of Washington representation. Local governments expect value for the money they invest in Washington representation, and government leaders must demonstrate wise use of the taxpayer?s dollar. MMO clients over the past two years on average received $125 in federal discretionary funds for every local dollar invested in services. Bernalillo County has received more than $100 million in federal appropriations and infrastructure authorizations over the past decade with assistance. Solutions to problems can be simple or complex. In every instance, ?nding an answer requires research, discussion, identi?cation of options and building political and bureaucratic support to implement a solution. Sometimes the process is straightforward and quick and other times it is prolonged and complex. It is critical for Bernalillo County?s federal lobbyist to be creative and determined in working on behalf of the County, as well as demonstrating the ability to navigate the environment of agency regulations, bureaucracy and Congressional rules using the ?hand to hand? combat required to get results. It is also essential for the County?s lobbyist to understand and work effectively with the New Mexico Congressional delegation, Bernalillo County officials and federal agency personnel in Washington D.C., New Mexico and regional offices. In the past four years, lobbyist relationships with federal agency staff have become essential to identifying funding and technical assistance opportunities for local governments. list of client successes demonstrates the strength of its network of contacts and non- partisan approach to Washington representation that has been used to get positive outcomes to ordinary and unusual problems. This is essential in representing local governments in Washington because so often the laws and rules are written to preclude the exception and sometimes the anomaly is required. Washington approach is effective because it presents decision makers with options to help them frame a solution. Bernalillo County Commissioners and staff are vital to this process because their voice plays a critical role in selling a proposal or solution to federal agencies and Congress to address the County?s federal priorities. Washington representation has a dimension to it. We show in this proposal what we have accomplished on behalf of Bernalillo County and our public sector clients. While it?s important to have a strong record of performance, it is essential to demonstrate that we are looking forward to issues on the horizon and are prepared to help Bernalillo County reach its future federal legislative objectives in transportation, community/ economic development, public safety, and water and environment. m? IV. Response to Proposal Requirements A. Ability to Effectively Communicate with County Commission, County Manager and County Staff The key audiences of an effective, targeted federal legislative program are Congress, federal agencies and the client. As the initiator of the federal legislative program, the County is at the center of the communication network that drives the request for federal assistance, monitors the progress and makes adjustments to the plan to meet changing circumstances. The Washington lobbyist ensures that Bernalillo County officials have timely and relevant information to adjust the strategies and schedule to achieve its federal program objectives. An effective Washington program requires frequent communication with the County Commissioners, County Manager and County staff. MMO COMunicates regularly with its clients through written reports, customized legislative updates, and daily phone and e?mail contact. MMO currently provides Bernalillo County with a written quarterly report and weekly federal funding update that highlights current funding opportunities. MMO also participates in conference calls with County staff to discuss its work on transportation, public safety, Social services, community/ economic development and water resources issues. The conference calls provide a valuable exchange of legislative, grant and project updates. The calls provide information about the County?s interaction with state and federal agencies that is helpful in determining solutions. Bernalillo County/ Washington Visits and Support Services MMO makes at least three visits a year to Bernalillo County to meet with Commissioners and staff to update them on the progress of the County?s federal program, learn firsthand how projects are being implemented, discuss corrective course action to the legislative strategy and meet with state and/ or federal agency staff to improve the strategic approach. MMO attends annual conferences, participates in the New Mexico Association of Counties Washington Congressional briefing and has been a speaker at water and transportation conferences in New Mexico. Over the past four years, MMO has scheduled 42 meetings for Bernalillo County of?cials with Members of the New Mexico delegation, federal agency officials and association directors. MMO prepares schedules and briefing materials for County of?cials? trips to Washington. A well-planned trip to Washington makes efficient and effective use of the County official?s time while in the Nation?s Capital and enables County officials to communicate effectively with the media about the outcomes from the trip. A signi?cant component of effective communication is the direct involvement of the County?s elected officials and professional staff. MMO is retained to ensure that the County?s agenda receives the appropriate attention and support from the Congressional delegation, Congress and federal agencies. It is important for the County Commissioners and the senior staff visit Washington several times during the year to discuss the County?s federal program priorities, interact with key Congressional committee staff and meet with federal agency decision makers. Top federal program administrators have told us repeatedly over the years that they pay close attention to the issues and 5W3 iwe? in}; ya,? writ requests for federal assistance brought to them by visiting of?cials. Showing up and making your case is effective because Congress and bureaucrats know that it takes time, interest and money to come to Washington. It is standard practice to provide logistical support for County of?cials while in Washington. MMO has a negotiated room rate for clients with the Hyatt on Capitol Hill, located at 400 New Jersey Avenue, NW. Our of?ces, located at the foot of Capitol Hill, also provide clients with convenient access to the House and Senate of?ce buildings and state of the art conference center space within our building to hold meetings and events. Legislative Monitoring and Grant Funding Identi?cation In a typical year over 10,000 pieces of legislation are introduced in Congress. To effectively track legislation on this magnitude, MMO subscribes to Quan?er??r Bill Track software that allows us to monitor every action of every bill as it moves through Congress, receive line-item updates on hearings, markups, and new amendments and added co-sponsors in a single database. CQ Bill Tim/? alerts generate noti?cations based on actions that occur on a speci?c bill or list of bills that are important to our client?s interest. Based on a client?s interest area, the software allows us to target certain bills and follow legislation in real time. CQ Bill Tracie sends us daily emails every time there is proposed action on a piece of legislation. The software program also allows us to create customiZed tracking reports to follow legislation and understand its impact on county government. MMO will make our CQ subscription available to County staff at no cost. Over the past three years as Congressionally directed spending has been curtailed, protecting funding for federal discretionary program accounts and identifying federal and foundation grant opportunities have become critical to the County?s federal strategy. MMO analyzes and develops a customized database of appropriations bills to apprise the County of proposed funding levels for key federal discretionary programs. The customized funding database is used to match funding priorities in the County?s federal program with relevant federal grant opportunities. Additionally, the matrix is intended to identify grant opportunities in areas where the County has not previously sought funding. The matrix provides the added bene?t of tracking grants applied for and received. B. MMO Demonstrated Experience in Marketing Ideas and Goals For over thirty years, MMO has been translating local government federal legislative and funding priorities into programs that market ideas and sell solutions to federal decision makers. We estimate MMO clients have received more than $1 billion in federal funding for highways, transit, airports, water projects, community/ economic development, housing and public safety and saved more than $250,000,000 in regulatory relief. The cornerstone to this success is our ability to work in a nonpartisan manner to de?ne the project, develop federal agency support, strengthen a grant application, and gain Congressional support. Marketing is vital to the success of a Washington advocacy program. The following list of projects demonstrates ability to market and persuade Congress and federal agencies to invest in local projects and initiatives: $51 Million in TIGER Grant and Bus Rapid Transit (BRT) Project Funding The City of El Paso was awarded a $13 million TIGER Grant at the start of September 2103 for the Northgate Transit Center, which will transform an abandoned shopping center into a mixed?use transit, oriented development. MMO worked with City staff to improve a previous TIGER application for the project and executed a strategy that included meetings with the FTA Administrator over the course of fourteen months to underscore the importance of the Northgate Transit Center improvements to the success of the City?s four corridor BRT project. In 2012 El Paso received $13.5 million in Small Starts funding for their Mesa BRT Corridor and $15.2 million for the Montana Corridor is included in the Administration?s FY 14 budget. The City of El Paso in cooperation with the El Paso Metropolitan Planning Organization (MPO) completed a transit corridor alternatives analysis for the Federal Transit Administration (FT A) in 2001. During the past eight years, El Paso considered a number of improvements to its mass transit system including light rail and a trans?border trolley. In 2005, El Paso changed to a city council-city manager form of government. The new mayor and city manager gave priority to improving the Sun Metro Transit System and began assessing if BRT would be the appropriate transit mode for the City. The Mayor and City Manager gave MMO the responsibility for developing FTA and Congressional delegation support and Congressional committee awareness of El Paso?s BRT idea. Before initiating a Washington campaign to support the City?s BRT plan, MMO organized a trip for City and El Paso Metropolitan Planning Organization (El Paso MPO) officials to Los Angeles to be briefed by the Metropolitan Transportation Authority (MTA) on the BRT Orange Line and visit the corridor. Following a BRT workshop in El Paso, which MMO helped arrange, we scheduled a Washington meeting for Mayor John Cook with the FTA Administrator to discuss the outline of an El Paso BRT system and program development process. Following the FTA meeting, Mayor Cook met with the Congressional delegation and the clerks from the House and Senate subcommittees on appropriations for transportation. After the City held several public forums and the City Council approved the initial study of a four corridor BRT, the City began working with FTA on completion of an AA and identifying a local source of funding for the project. Because of experience with light rail in Phoenix, we advised Mayor Cook and City Manager Joyce Wilson that they needed to have periodic conversations FTA headquarters to ensure the review of the City?s project in Fort Worth Of?ce moved along as smoothly as possible. MMO worked with Mayor Cook to build a good working relationship with two FTA Administrators that served between 2007 and 2009 and demonstrate to them the strength of the city?s BRT plan. The City convinced FTA of the commitment to building a BRT system when the City proceeded with plans to build the Alameda Corridor project using entirely local and state funding. MMO advised the Mayor and City Manager early in the BRT planning process to use local funds for the initial corridor because it indicated the City?s commitment and determination to build a successful project. The Mesa Corridor, the system?s second corridor, was included in project development under the Very Small Starts (New Starts) program for funding in the FY ?12 budget. The Mesa Corridor received $13.5 million in FTA funds, is under construction and will be operational in late 2014. $473 Million Phoenix Transit: Light Rail and Bus and Bus Facilities Murray, Montgomery and O?Donnell worked with the City of Phoenix transportation officials for many years on the development and implementation of transit projects. After the approval of the four tenths of the cent sales tax in 2000 for light rail and bus improvements to provide the local . 1., iishare funding for the planning and construction of the Valley?s light rail project in 2000, MMO worked to secure additional Federal Transit Administration (FTA) planning funds to clear environmental requirements and meet PTA eligibility criteria to obtain a full funding grant agreement for the initial operating segment of the Phoenix area 13.5 mile light rail project. In addition to selling the project on Capitol Hill, work included helping Phoenix and Valley Metro Rail of?cials select experienced counsel to negotiate the FTA full funding grant agreement. As of October 2012, the Valley Metro Rail project had received nearly $473 million in federal funding and $32 million in transit projects bene?ting the City of Phoenix. The funding represents the results of hard work and leadership performed by Congressman Pastor and supported by more than ten years of work by MMO with appropriations staff and PTA of?cials. MMO in cooperation with the City of Phoenix and Valley Metro Rail continues to work with the House and Senate Subcommittees on Appropriations for Transportation to obtain planning funds for the 1-10 West corridor, Northwest Extension and South Phoenix lines. As of 2012, $3.675 million has been appropriated to study the 1?10 West alignment and $1 million for the South Phoenix corridor. In addition to light rail funding, MMO worked with City staff and Congressman Ed Pastor to secure more than $7.3 million in FY 11 PTA competitive grant funding for transit prOjects. Resacas Restoration For several years the City of Brownsville and Brownsville Public Utility Board (PUB) expressed interest in restoring Resacas, which are former channels of the Rio Grande that remain after the river has changed courses, to a more appealing natural state. PUB initiated work with the Corps of Engineers in 2006 to determine a federal interest in restoration of the resacas. The Corps completed a reconnaissance study and initiated a cost shared feasibility study with PUB in 2007. More than 100 of these ?ox bows? exist in the City of Brownsville. Over the years they have ?lled with silt and waste that have reduced their holding capacity and created, in some instances, public health and safety risks. The Corps was enthusiastic about the resacas restoration when BPUB first approached the agency seven years ago because the agency recognized the multiple project bene?ts consistent with Corps objectives, and the Corps was eager to have an ecosystem restoration project of this size in the State of Texas. However, the Corps could not perform further feasibility work because of the earmarking moratorium. In 2008, MMO worked with PUB to develop a ?nancing strategy. MMO facilitated a meeting with Corps headquarters officials to discuss funding options for cost sharing restoration of the resacas. restoration plan was aimed at dredging the resacas to provide flood control, water storage, wetlands and habitat protection benefits. MMO suggested BPUB negotiate an agreement with the Corps to expedite an assessment of the 404 permitting required for the project and provide a plan for resacas restoration that could involve the Corps at a later time based on future opportunity for a resacas project authorization. The ?rst stage of the dredging was started in the fall of 2011in Resaca Boulevard, Cemetery Resaca and Gladys Porter Resaca. m? at? ?4 5. 94.1, 3:3? .4 ?tw? We? km ?Wt ?new ?Raw 'wv? Paw? ?mwBPUB continues to coordinate with the Corps in the restoration of the resacas and has demonstrated to the Corps that special dredging equipment purchased by PUB has reduced the dredging costs. MMO is working with PUB to develop a plan with the Corps and Congress to fund additional phases of the restoration program through a Water Resources Development Act authorization for ecosystem restoration projects. BPUB has picked up an important ally in its effort to partner with the Corps with the election of the new Congressman for the Thirty?Fourth District in Texas. He is working with the House Transportation and Infrastructure Committee on WRDA legislation to include a competitive grant program for ecosystem restoration. $10 Million Monterey County/ Salinas, CA Gang Task Force and National Forum on Youth Violence Prevention The Monterey County Street and Anti?Gang Project, or Monterey/ Salinas County Joint Gang Task Force (GTF), is a countywide collaborative effort whose mission is to reduce gang violence throughout Monterey County. work with the Salinas Monterey County Gang Task Force (GTF) beginning in the 2004 was to obtain $7.5 million in appropriations for the GTF. Salinas, Monterey County and MMO sold the Congressional delegation on making the GTF a priority appropnation. To date, over $7 million in federal dollars have been sent to the GTF and an additional $3 million in competitive COPS technology grant funding has been awarded to the GTF. MMO worked with Senators Dianne Feinstein and Barbara Boxer and Congressman Sam Farr to obtain funding for the project and underscore the importance of a federal law enforcement team to work with the GTF. MMO recommended to the newly elected Mayor of Salinas in September of 2008 that the City begin working with the White House and the Department of Justice to create a national youth violence prevention pilot program, mentioned earlier, to bring more federal resources to bear on the violent gang crime problem in Salinas. Mayor Dennis Donohue and MMO reasoned that as a Presidential transition period started in late 2008 the new Administration might be interested in a pilot program, but it would take other partners to sell a new Administration on the idea. After a year and a half, Salinas and Monterey County of?cials began meeting with White House and Department of Justice (DOJ) of?cials soon after January 20, 2009 on the idea of a seven to ten city youth violence prevention project. In July 2010, DOJ began working with seven cities on strategic plans to address gang and youth violence prevention priorities. The Justice Department has made funding for the seven cities anti gang projects a departmental priority. MMO worked with the Salinas Congressional delegation and the Obama Administration to ensure Salinas was one of six cities to participate in the Administration?s National Forum on Youth Violence Prevention. MMO continues to work closely with Salinas and Monterey County on the implementation of the anti gang violence program and provides recommendations to the City and County on funding and technical assistance resources. $25 Million El Paso Water Utility Desalination Plant The Kay Bailey Hutchison Desal plant represents a forward?looking strategy in water supply not only for the City of El Paso but also for the region and the country that is increasingly challenged by short supplies of fresh water. MMO was responsible for obtaining $25 million in federal funds to build the desalination plant and an additional $7 million for the Consortium for High Tech Investigation of Water and Wastewater (CHIWAWA), a brackish?desal research initiative. ?23 an}? ?we y" A joint project of El Paso Water Utilities and Ft. Bliss, El Paso?s desalination facilities can produce 27.5 million gallons of fresh water daily (MGD) making it a critical component of the region?s water portfolio. The plant is the world?s largest inland desalination plant. Using a previously brackish groundwater supply, the plant is creating a new supply of water water from impaired groundwater. The desalination facilities increase El Paso Water Utilities? fresh water production by approximately 25%, based on current demand. In addition to a state?of?the-art desalination plant, the facilities include a learning center, groundwater wells and transmission pipelines. For the past five years, MMO has worked with EPWU and the Energy and Natural Resources Committee staff to determine how federal policy could be more targeted to formulate policy to achieve more effective and ef?cient use of water and energy. On July 18, the Senate Energy and Natural Resources Committee hosted a roundtable discussion for key federal agency leaders involved with energy and water issues and the leaders of three public utilities to discuss a series of questions about energy and water innovation. Because of our history working with water utilities and Committee staff, EPWU was invited to participate in the roundtable to discuss energy and water innovations with federal agencies and make recommendations for achieving more ef?ciencies in the water and energy sectors. brackish groundwater desalination plant has been a focal point of the Energy and Natural Resources Committee staff?s interest in energy and water cost savings. (3. Demonstrated Familiarity with the Political Process on the Federal and State Level Mayors of two large cities with very different political philosophies advised early in our work for local governments to take a non-partisan approach. We found this style makes it possible to advance clients? federal priorities with Democrats, Republicans and Independents based more clearly on the merits of projects and issues without getting bogged down by ideological distractions. In advocating for local governments, especially in the current Washington climate, it is best not to blunt your effectiveness or jeopardize your capabilities by getting caught up in political intrigue. There is a lot of bipartisan work in Washington that goes on behind the scenes. It rarely gets notoriety, but it does get results. MMO is successful in moving Bernalillo County forward by building support for action quietly and behind the scenes to gain the broadest possible base within Congress and the Executive branch to get results. MMO has effectively represented local governments and utilities primarily in the West and Southwest since 1975. The number of years it has been retained by many of its clients demonstrates the strength and success of its work for them. MMO partners and associates have over 160 years of combined experience working in local, state and federal governments. The firm has a proven record of managing federal advocacy programs for local governments and working effectively on Capitol Hill and with State legislatures. array of talent, experience and knowledge of the federal government and hands on work with clients ensures that Bernalillo County?s federal program will be carried out by professionals that have had responsibility writing legislation, developing program regulations, evaluating grant proposals and writing memoranda proposing new programs or reforming existing ones. In their work with federal, state and local governments, the MMO team has served in positions of assistant secretary, committee appropriations clerk, Senate and House professional staff and state program directors. 10 ?The ?rm includes: lohn R. O?Donnell Mr. O?Donnell joined Murray, Scheer and Montgomery in April 1995 and became a partner in Murray, Scheer Montgomery two years later. Before joining the firm, he spent sixteen years with the National Center for Municipal Development (NCMD), a public affairs and local government advocacy group, organized in 1961 by the US. Conference of Mayors and the National League of Cities. Mr. O?Donnell speciaIiZes in representing public sector clients that include local governments and authorities, ports, and water and electric utilities. He has extensive experience and success working with local governments on housing, public safety, water resources, transportation, and human service issues. In his thirty-three years of work on legislation, regulations and grants with the Departments of Agriculture, Commerce, Energy, Health and Human Services, Housing and Urban Development, Labor and Transportation, the Corp of Engineers, the Environmental Protection Agency, Navy and Air Force, he has developed an in-depth understanding of working with the federal bureaucracy and navigating through its programs and operations to gain client success. Because of his local government work in the East, West and Southwest, he has built strong, lasting relationships with the Arizona, California, New York, New Mexico and Texas Congressional delegations and connections to numerous Congressional committee staff that authorize and fund programs important to local governments. Before representing local governments in Washington, DC, he worked for local, state and federal governments in New England, North Carolina, Washington State and Alaska. He was assigned to the Assistant Secretary of Commerce for Economic Development in the 19805 and managed the State VISTA program in the Governor?s Of?ce for the State of New Hampshire from 1969?1972. Mr. O?Donnell designed and managed volunteer training programs for the ACTION Agency in New York City and Seattle in the 19703 and was responsible for managing the intergovernmental affairs program for the Office of Coastal Zone Management in 1979?1980. He received his Bachelor?s Degree from St. Joseph?s College in Indiana and his Masters in Public Affairs from the University of Washington and attended the Graduate School of Public Communications at Boston University. Kyriakos Pagonis Since joining MMO in August of 2001 as a Senior Associate, Mr. Pagonis has played an integral part in the development and execution of clients? federal programs. He provides legislative support to the ?rm?s clients? and helps identify and pursue viable federal funding opportunities through Congressional appropriations and discretionary grants. Last year, Mr. Pagonis worked with the City of Phoenix to secure $20 million for the City?s HOPE VI project. In addition, Mr. Pagonis works to resolve technical issues with Federal agencies. Before joining Murray, Montgomery O?Donnell, Mr. Pagonis worked for a political consulting firm in Washington, DC where he performed legislative and political analyses for a wide array of clients. In addition, he has worked in several state political campaigns in North Carolina, Ohio and as a campaign manager, fundraiser and field director. Mr. Pagonis has been an active member of the Arlington County Cominunity Development Citizens Advisory Committee (CDCAC) where he reviews CDBG funding proposals from community 11 {1 my WP ?1 guy" lili'1r?i' tun-d? groups representing a wide constituency including: affordable housing, job training, senior centers and public service. He has a Bachelor?s Degree in Political Science and Public Administration from Elon College and has a Masters Degree in Applied Politics from the University of Akron. john Montgomeg Mr. Montgomery established the Washington consulting ?rm of Murray, Scheer, Montgomery and O?Donnell in the early 19803. John Montgomery?s legislative consulting experience is based on over 35 years of successfully representing the broad range of his clients? interests in Washington, D.C. In particular, he has been effective in obtaining legislation, federal grants and assistance for the types of projects needed by a number of western or ?sunbelt? cities such as Oklahoma City, San Diego, San Jose, and Redondo Beach, California, and El Paso and Brownsville, Texas. In addition, he has been able to obtain special designations for each City for highly competitive programs such as ?weed and seed? and ?empowerment zone,? set-aside transportation grants, public works projects and resolution of numerous regulatory problems. Mr. Montgomery?s early career experience in administering large public agencies and overseeing federal programs is of special bene?t in working with Congress and the bureaucracy. Mr. Montgomery was responsible for the passage of legislation that allowed Oklahoma City to receive direct funding of $49 million for recovery efforts after the Oklahoma City bombing. Three years ago Mr. Montgomery helped Oklahoma City secure Army Corps of Engineers funding for three low level dams, which has allowed the City to become a major Olympic training center. Mr. Montgomery graduated cum laude from Princeton University in 1962 and from Georgetown Law Center in 1968. He was born in Tulsa and raised in Oklahoma City. He returned to the state to serve as the Administrator of the Of?ce of Community Affairs and Planning from 1972-1976 under Governors David Hall and David Boren. As Administrator, he was responsible for the Oklahoma Indian Affairs Commission and assisted in having the Commission transferred directly under the Governor. While supervising the Commission, he developed a program to provide full scholarships and work study to American Indian students in order to obtain their master degrees in urban planning at the University of Oklahoma. Bill Simpson William Simpson is a public policy and government relations consultant, specializing in appropriations, housing, agriculture and economic development issues and legislation. With over 19 years of experience in the legislative and executive branches of government, Mr. Simpson has an excellent knowledge of the working relationship between congress and federal agencies. Mr. Simpson provided critical program background to correct a regulatory problem with the Phoenix Housing Department. Recently he has worked on two major legislative efforts. The ?rst was the creation of a new permanent Rural Development Disaster Assistance Fund that included $26 million for USDA Water and Waste Water assistance and $40 million for the Community Facilities programs. This legislation was signed into law on September 30, 2008. The second effort is the inclusion of signi?cant funding for the USDA Water and Waste Water loan and grant programs in the American Recovery and Reinvestment Act of 2009. Mr. Simpson was a professional staff member of the Senate Appropriation Committee and also worked on the Appropriations Subcommittees on Transportation- HUD and Agriculture, Rural Development and 12 ?h'uu 3} i v; 5 mils? :?Wi hm? V'i ?l ?i turf Related Agencies. Mr. Simpson graduated from the University of Southern Mississippi with degrees in and criminal justice. Michael Preston Mr. Michael Preston is a native of Washington, DC. He has worked at the US. Small Business Administration, the National Rural Water Association, and at a public policy and law ?rm in Washington, DC. His projects include working on Capitol Hill to secure funds for infrastructure, water, environment and energy programs. He assisted in the formulation of water policy and worked closely with EPA engineers on speci?c rule making. Mr. Preston graduated from Elon University in North Carolina with a Business Administration bachelor?s degree. Melody Fennel Melody H. Fennel is a public policy and government relations consultant, specializing in service to banking, housing and real estate ?nance clients. With over ?fteen years of public and private sector experience in matters affecting housing, urban development and real estate ?nance, Ms. Fennel brings signi?cant, ?rst-hand expertise on critical legislative, regulatory and public policy matters. Her client list includes: JPMorgan Chase, the Council of Federal Home Loan Banks, the New York State Public Housing Authority Directors Association, the Housing Authority of the County of Santa Clara, and the Housing Authority of the County of San Bernardino. Her latest successes include the Congressional designation of the Housing Authority of the County of San Bernardino, the Housing Authority of the County of Santa Clara and the City of San Jose Housing Authority as participants the Department of Housing and Urban Development?s highly sought ?Moving-to?Work? program. In 2008, she achieved a myriad of federal statutory improvements to reverse mortgage program, including allowing it to serve additional seniors in high-cost housing areas. Most recently, Ms. Fennel served as Assistant Secretary for Congressional and Intergovernmental Relations at the United States Department of Housing and Urban Development (HUD). In that capacity she served as principal advisor to the HUD Secretary and Deputy Secretary on matters involving Federal, State and local government. As the Administration?s top lobbyist on housing and urban development policies and programs, she advocated before Members of Congress and Congressional Committees, as well as to State and local elected officials and public interest groups. Melody graduated from Vassar College with a BA in Political Science. Steve Carey Steve Carey, a graduate of the University of Michigan, has the experience of serving in key policy positions in both the House and Senate of the Congress. With over 20 years of Capitol Hill and related federal experience, Steve Carey brings a strong command of the appropriations and legislative process. He served as a Legislative Director for two Members of the House Appropriations Committee, including House Appropriations Chairman Hal Rogers, and as a legislative assistant to the Ranking Member of the House Labor, Health and Human Services, and Education Appropriations Subcommittee. Mr. Carey also served as the Legislative Director in the Senate for a Member of the Health, Education, Labor, and Pensions Committee and the Armed Services Committee. Mr. Carey has secured millions for federal programs and projects on and off 13 w? Aswwt ..: -. It" H: I jaw?; gm; ,3 . l, ?ts?m" ?wr? ?85" Capitol Hill for healthcare, defense, Homeland Security, infrastructure, aviation, high-tech, energy, and other programs. Industry and not?for?pro?t organizations have bene?ted from Mr. Carey?s guidance and his relationships with key lawmakers and policy of?cials in both parties, both Chambers of Congress, and three Administrations. Mr. Carey is responsible for the annual appropriations the Special Olympics receive from Congress each year. Mr. Carey was the author and lead strategist of the Conquer Childhood Cancer Act of 2008 a ?ve-year effort to provide $150 million in funding for childhood cancer research. This measure became law in July 2008 (Public Law 110?285). Bill Spencer Named one of Washington?s top lobbyists by The Hill, Bill Spencer is known as a tenacious and effective advocate for industry at the local, state and national levels. Bill has a solid reputation on Capitol Hill, with federal agencies and in the political arena as an aggressive leader and innovative strategist in addressing the legislative process, public policy issues, regulations and political campaigns. Bill?s issue expertise includes: tax and ?scal policy; immigration reform; health care and bene?ts; energy and environment; public works and transportation; procurement, and labor- management relations. Through Bill?s leadership in these areas many companies have expanded their businesses nationally and internationally. Many company leaders credit Bill?s business creativity and acumen for their development. Bill has been a guest speaker to thousands of business leaders throughout the country on issues important to their bottom line. Prior to joining MMO, Bill was the vice president of government affairs at Associated Builders and Contractors (ABC). With almost 25,000 members, ABC is one of the leading national organizations representing America?s business community and the US. construction industry. At ABC, Bill led a team of 23 professionals in federal, state and local government activities: legislative; legal and regulatory; grassroots; and political action. He also founded and chaired, as well as served on the management committees of a number of major national business coalitions. Bill has held high?level positions on presidential, US. Senate and gubernatorial campaigns. In addition, he worked for the Secretary of Commerce in the Reagan administration and for a California Senate leader in Sacramento. A graduate of the University of Southern California with a degree in International Relations, he received his Juris Doctor from the University of the Paci?c?s McGeorge School of Law. Mike Keegan Mike Keegan is a Policy Analyst with Murray, Montgomery, and O?Donnell. Mr. Keegan has worked on various projects with the ?rm for 15 years, specializing in environmental and appropriations issues. As an expert on environmental policy, Mr. Keegan has testi?ed before the US. Senate and US. House of Representatives, appeared on CNN, and written featured columns in USA Today, the Washington Post and numerous trade journals. He has been sourced as an environmental expert in most all major newspapers including the New York Times, the Washington _P_0?t and the Associated Press. 14 ?win! Mug. amp-cl; y; w. l: WWIMs? New: ?wt ?i-?nvr ?Mvi ?wt? ?Raw ?aw-f Mr. Keegan is currently heading a multi-year grassroots mobilized and policy advocacy effort for a non?pro?t client of Murray, Montgomery, O?Donnell that includes many accomplishments including: organization and managing an advocacy website that is now receiving over 25,000 hits a month that is used to direct advocacy to Capitol Hill and as a key source of content on environmental policy activity in Washington (Congress, the EPA, etc); managing the group?s annual Congressional advocacy campaign which results in upwards of $30 million in Congressional directed spending, and over $1 billion in agency programmatic spending annually; and targeted legislation that has been introduced to progress some of our clients environmental agendas. Mr. Keegan graduated from Michigan State University with a degree in Political Science. New Mexico and National Network client representation is enhanced by its relationships with numerous Senators, House Members, Capitol Hill staff, career agency officials, political appointees and long-term connections with national associations. This network provides MMO with effective contacts for accessing up-to? date information and participating in Congressional conversations and federal policy debates. In addition to Capitol Hill and federal agency contacts, the MMO team has extensive connections with organizations headquartered in Washington. Among the organizations that MMO works with are: Yale University School of Management?s CEO Leadership Institute, Brand USA, National Association of Counties National Association of Flood and Stormwater Management Agencies (NAFSMA), Brookings Institution, Bipartisan Policy Center, National League of Cities (NLC), United States Conference of Mayors (USCM), National Conference of State Legislatures (NCSL), National Rural Water Association (NRWA), Target Corporation, Harley?Davidson, National Governors? Association (N GA), National Association of Clean Water Agencies (NACWA), WateReuse Association, Multi?State Salinity Coalition (MSSC), International Association of Fire Chiefs C), Major Cities Chiefs Association, Association of Metropolitan Planning Organizations (AMPO), Western Governors Association, American Public Transit Association (APTA), Airports Council International (AC1), American Association of Airport Executives American Association of Port Authorities (AAPA), Government Finance Of?cers Association (GFOA), US Chamber of Commerce, Association of Metropolitan Water Agencies (AMWA), and American Water Works Association (AWWA). MMO partners and associates attend the weekly and meetings of USCM, NLC, New Starts Group, APTA and AC1 to gain the latest legislative and policy information and actively participate in coalitions to gain desired results. The contacts above have been useful in the work Mr. O?Donnell and Mr. Pagonis have performed on behalf of Bernalillo County. They have developed important contacts with the New Mexico Association of Counties, the New Mexico Municipal League, and local elected officials who have become members of the New Mexico State Legislature. They have worked with the New Mexico Interstate Stream Commission, New Mexico State Engineer, New Mexico Passenger Transportation Association, Albuquerque Visitors and Convention Bureau, Mid Rio Grande Conservancy District, Albuquerque Metropolitan Arroyo Flood Control Authority, University of New Mexico and New Mexico Mortgage Finance Authority. Their range of contacts in Washington, DC and in New Mexico broadens their understanding of local and state policy issues and politics. work on behalf of New Mexico local governments and special authorities has given the firm extensive experience working with the New Mexico Congressional delegation and staff since 1980. The New Mexico delegation has had thirteen members since 1980, and more than one hundred 15 tww' \m 33-at,? ?Hit? A c, z: TWO-var?; Waxseventy?five staffers have served in the delegation?s Washington of?ces. relationships with the delegation have continued to be strong the past six years as the State?s Senators and the First Congressional District Representative have changed. MMO has worked with Senator Tom Udall since he was elected to the House of Representatives in 1998, with Senator Martin Heinrich from the time he was an Albuquerque City Councilor and his six years in the House of Representatives and with Congresswoman Michelle Lujan Grisham from the time she served on the Bernalillo County Commission and Albuquerque Bernalillo County Water Utility Authority. Senator Udall?s positions on the Appropriations and Environment and Public Works (EPVV) Committees are important to Bernalillo County?s agenda because the Appropriations Committee determines the funding levels for all federal agencies, and EPW authoriZes highway and water resources development programs. His assignment on these two committees gives him responsibility for authorizing and funding surface transportation, housing, environmental protection and Corps of Engineers planning and construction programs. Senator Udall became Chair of the Subcommittee on Appropriations for Financial Services on June 13th following the death of Senator Frank Lautenberg. The chair of an appropriations subcommittee gives Senator Udall additional importance on the Committee in allocating federal funding. Senator Martin Heinrich brings to his new role in the Senate an extensive background in armed services and natural resources issues from his service in the House of Representatives. As a member of the Senate?s Energy and Natural Resources and Commerce, Science and Transportation Committees, Senator Heinrich is involved in all legislation involving water reclamation; energy and water projects; highway safety; science, engineering and technology research and development and regulation of civilian aviation. Congresswoman Michele Lujan Grisham?s three committee assignments are Agriculture, Budget and Oversight and Government Reform. As a member of these three committees, the Congresswoman has a voice in legislation involving the Rural Development Service in the Department of Agriculture, nutrition programs, funding allocations for all federal programs, and investigative authority over many federal agencies and the relationship of the federal government to states and local governments. The firm has worked with Congressman Ben Ray Lujan because a small part of his Third District includes Bernalillo County. His interests have been in ?ood control, economic development, transportation and public safety because of the importance of those issues to the southern portion of the Third Congressional District. He plays an important role in overseeing the missions of the Los Alamos and Sandia Labs due to his seat on the Energy and Commace Committee. contact with Congressman Steve Pearce occurs because of the firm?s work in the border region and the overlapping concerns in the area about border crossings, transportation, water resources and drought issues. 16 MMO has worked with the New Mexico delegation on a number of signi?cant projects bene?ting the Bernalillo County Metro Albuquerque area such as: "we 7? m? am7,-?Mr that" Southwest Valley Flood Reduction In 2007, MMO had a direct role in obtaining a $24.8 million Water Resources and Development Act authorization for the Southwest Valley Flood Reduction project and $4 million in funding for the Black Mesa project in the Rio Grande River Valley. The remaining $5.4 million to complete the project was included in the FY 13 Corps Budget. Title VI Wartewater Reclamation The Water Utility Authority received $1.8 million in june of 2013 in grant funding from the Bureau of Reclamation. This funding completes a $20 million federal commitment to water recycling projects in Bernalillo County. This funding was made possible by work with the Congressional delegation to secure a 1996 Title XVI authorization. Rail Runner I "eluded in National Tramit Dataoare Beginning in 2015, the Rail Runner will receive an additional $5 million annually in FTA formula funds as a result of work with the Mid Region Council of Governments (MRCOG), Rio Metro and the delegation. Through conversations MMO had with FTA, the Rail Runner?s inclusion in the National Transit Database accelerated the Rail Runner?s eligibility for funding. $5 million 2012 TIGER Grant MMO worked with Sandoval County of?cials to prepare, submit and secure a $5 million 2012 Federal TIGER grant for the reconstruction of Torreon Road. Torreon Road serves the Navajo Nation area of Torreon, Ojo Encino, and Counselor Chapters. The corridor is crucial for bus transportation for moderate and low-income residents to and from work. MMO worked with the Congressional delegation and Federal Highway Administration and the Navajo Nation DC Office to build support for the County?s grant. NortlJ and Seat/o Valley tally; Project The project received $24 million in earmarked funding from the EPA State and Tribal Assistance Grant (STAG) program. In 1998, MMO recommended to the New Mexico Congressional delegation authorization of an environmental infrastructure (EI) provision in the 1999 WRDA bill to provide an additional source of federal funding for water and wastewater projects in Bemalillo County. The 1999 WRDA bill authorized the Central New Mexico provision, often referred to as Section 593, for water supply, wastewater, storm water retention, conservation and environmental restoration purposes. The provision initially authorized $25 million for projects. In FY ?06, an additional $25 million was authorized for the program. The funding has been used to build portions of the Valley Utilities Project, the Black Mesa pump station and the Southwest Valley Flood Control Project. Enew E?ic?iengi and Comeroatlon Block Grant MMO worked closely with the US. Conference of Mayors and the House Urban Caucus and Senators Jeff Bingaman and Pete Domenici, the Chair and Ranking Member respectively of the Energy and Natural Resources Committee of the 110th Congress, to get the Energy 17 - .rx 2t. Rania a, a "any; i 3' ., - who" ?may We Ef?ciency and Conservation Block Grant (EECBG) program authorized (Public Law 110? 140) (Section 541). EECBG program provides direct funding to counties and cities. MMO worked with Congress and local government groups to include $3.2 billion for the EECBG program in the American Recovery and Reinvestment Act. As a result, Bernalillo County received $459,500 in direct funding for energy ef?ciency improvements. Funding was distributed based on population. 0 Bernalillo Conny lg/awqy Funding We worked with the New Mexico Congressional delegation to authorize over $75 million in for projects in Bernalillo County including: $2.8 million for 1-25 Tramway North, Bernalillo-Santa Commuter Rail or Rail Runner. In addition, MMO was successful in helping secure $7 million for Isleta Boulevard through the annual appropriations process and $3 million for Edith Boulevard. 0 jnl?tz'oo Am'rtanoo MMO has worked with Bernalillo County of?cials to ensure funding is included in Appropriations bills for the Byrne Justice Assistance Grant GAG) program. Bernalillo County receives direct funding through the JAG program and in FY 13 Bernalillo County received $445,000 in JAG funding. The County and the City of Albuquerque receive the funding jointly, and it is divided between them. 0 Metropolitan Alcohol Tmotnzent Service: The Metropolitan Alcohol Treatment Services (MATS) has been a County federal funding priority for two years. The County was successful in obtaining $720,000 for the program over two appropriations cycles (FY 08 and FY 09). D. Ability to Organize Legislative Support Local governments expect value for the money they invest in Washington representation. Government leaders have to demonstrate wise use of the taxpayer?s dollar. Over the past two years, MMO clients have received a return on investment of $125 in federal discretionary dollars for every local dollar invested in services. Our representation of local governments falls primarily within six program areas: environment, economic/cominunity development, public safety, social services, transportation and water resources. There are always challenges to ?nding the appropriate source of funding and most responsive solution to a program or regulatory issue. Sometimes ?nding a source of federal aid or answer to a program problem and regulatory issue can be straightforward, but many times it is more complex. The moratorium on earmarks has made it more dif?cult to address an issue with a few lines of legislative language that provides funding, regulatory relief and program ?exibility to address a local priority. MMO understands that in order for Bernalillo County to be competitive in today?s economy it must work collaboratively across political boundaries, with local businesses, and local nonprofits to position the Bernalillo County metropolitan area to take advantage of economic development opportunities, and to ensure that its citizens receive their fair share of federal funding. We know federal funding for local governments is critical to making many local projects viable. In most cases, local governments and agencies commit substantial funding to a priority project and the 18 awn "wt if' - Ww? ?w . if. l1?- 0' NW $2.:in .1- public expects their successful completion. In many cases, federal money is needed to bridge the project?funding gap. County Commissioners and other public of?cials recognize that every source of funding should be sought, including federal dollars, in order for critical programs to come on line to address constituent needs. Our task is to find the federal resources to make the local programs successful. The MMO team has a thirty?year plus record of obtaining federal funds. Our long-term relationships with clients are proof of our effectiveness in Washington, knowledge of federal funding sources, and proven ability to work with elected of?cials and career professionals to deliver results. One of the core elements of our Washington representation strategy is to incorporate the County?s federal priorities into an annual work program. The federal work program lists the County?s top projects and legislative priorities, provides relevant background to the project or issue, and identi?es the speci?c federal action required by Congress and/ or the Executive Branch to address the priority. The program sets forth work agenda for each week and month of the year. In the past several years as the demands for more transparency in Congress and federal agencies have increased, we have become responsible for ensuring that a local government?s federal legislative requests meet all the requirements imposed by the always evolving Congressional ethics standards and Administration rules. Examples of Our Approach to Organizing Legislative Support Public Private Partnerships to Reduce Border Wait Times and Boost International Trade and Job Growth MMO has been successful in working with clients and Congress to find unttaditional sources of funding to address local problems. Two years ago, the City of El Paso directed MMO to work with Customs and Border Protection (CBP) and Congress to reduce border wait times at the El Paso regional ports of entry. We reported back to the El Paso Mayor and Council in December 2011 that one of the top actions would be to provide Customs and Border Protection (CBP) the authority to partner with local governments to use local revenues to increase CBP services at land border ports of entry. We were aware that FY 2013 budget proposal included a provision for authorizing a reimbursable program. The proposal drew too much the from Congress and airlines because the provision as included in the budget was too broadly drawn and allows foreign carriers and governments to become project sponsors. We spoke with Airports Council International?NA (ACILNA) and the American Association of Port Authorities (AAPA) about the City of El Paso?s purpose in promoting a reimbursable program hoping to blunt the criticism of members of the two associations. ACI-NA voted to oppose the reimbursable provision. The top concern of airports was that CBP would use the provision to place more of the cost for inspection services on the airports by making them pay for CBP inspectors. The Senate Subcommittee on Appropriations for Homeland Security took up the provision in the mark-up of the FY13 appropriations bill and deferred action on the provision until Subcommittee members could resolve their concerns about the language. We had been working with Senate authorizing and appropriations staff to determine if a compromise might be found that would allow for testing the reimbursable approach. We drafted language for a pilot project and discussed it with Senate. staff. As the Senate Subcommittee worked with the full Appropriations Committee on the 19 spending plan, the reimbursable program provision morphed into a pilot project for ?ve sites and was included in the ?nal FY 13 spending bill. The provision authorized five pilot projects in Section 560 of the Department of Defense, Military Construction and Veterans Affairs, and Full- Year Continuing Appropriations Act, 2013 (H.R.933). I CBP announced the Reimbursable Services Program on May 25 and instructed interested parties to submit a letter of intent by May 30 if interested in participating in the pilot program. The City of E1 Paso?s was selected to be a pilot project on August 2, 2013. Water Resources, Infrastructure and Sustainability MMO worked with Bureau of Reclamation and Senate Energy and Natural Resources Committee staff to draft the Title XVI Wastewater Reclamation section of PL 102?575. Mr. O?Donnell secured the Title XVI authorizations for Phoenix, Albuquerque Bernalillo County Water Utility Authority, Oxnard and El Paso. MMO assisted these utilities obtain more than $42 million in recycling funds. Mr. O?Donnell worked with Senators Dianne Feinstein and Barbara Boxer and Congresswoman Lois Capps for four years to fund GREAT. In late 2008, Michael Connor, a former Energy and Natural Resources Committee staffer and current Commissioner of Reclamation, suggested that Mr. O?Donnell advise Oxnard?s Congressional delegation to be ready to support GREAT for funding that might be available if a stimulus program was authorized. Because of the sustained efforts of the City of Oxnard and Mr. O?Donnell with the delegation and Bureau of Reclamation to fund GREAT, the program was positioned to receive $20 million in stimulus funding in 2009. It was the largest competitive Title XVI ARRA grant awarded. The GREAT Title XVI authorization was included in the Omnibus Public Land Act of 2009 (PL. 111-11). The GREAT Program enables treated wastewater to be reused by the agricultural and landscape water users in the area. The regional desalination component converted from an existing Bureau of Reclamation pilot-project water desalination facility will serve ratepayers in Oxnard and its adjacent communities, guaranteeing suf?cient water supplies for the area. Federal Formula Equity Four years ago, MMO was tasked by the City of Phoenix to develop a federal strategy to address disparities in federal formula programs like CDBG, Low Income Home Energy Assistance Program (LIHEAP) and Head Start. Our Fair Share strategy for Phoenix developed with the Mayor, City Council and the Of?ce of Government Relations (OGR) guidance, included appropriations and authorization approaches. MMO advised the City that using words like ?formula reform? could trigger opposition from communities that see their funding threatened or lack of support or antipathy from leaders who believe formula change is tilting at windmills. Any successful effort to secure Phoenix?s air Share of federal funding must start with a message that focuses on creating more equitable public policy and improving the effectiveness of federal programs so taxpayer dollars are targeted to cities with the greatest need. In coordination with several city councilors, MMO undertook an aggressive Fair Share campaign with the Arizona delegation, key Committee Members and staff, Administration of?cials and national associations. As a result of the effort, MMO created the informal Arizona Cities Working 20 .Ilr ?Sign?? in. y? 9.5m?? in.? Group, which is a group of Arizona city lobbyists that meet on an ad hoc basis to discuss Fair Share issues. In addition, MMO has organized a working group of Low Income Home Energy Assistance Program partners to press for equity in LIHEAP funding. This is an area where funding equity is achievable through an appropriations and authorization approach. Most recently, MMO worked with representatives from New Mexico, Florida, Texas, California, Washington and Oregon to discuss strategy for increasing LIHEAP funding for warm weather states. In our work, we have developed a strong partnership with the Southern Governors Association to educate Members of Congress from warm weather states. As a result of our efforts, the City of Phoenix has quadrupled its share of LIHEAP funding, which has historically bene?tted cold weather states. We continue to build a grassroots network of Fair Share proponents to lobby Congress and the Administration. Salt River Environmental Restoration Restoration of riparian habitat along the Salt River has been a high priority for the City of Phoenix. MMO worked with Phoenix on the three projects that comprise the restoration and enhancement of the Salt River within the City of Phoenix. The Rio Salado, Tres Rios and Rio Salado Oeste Projects are designed to address the environmental damage covering more than twenty miles within Phoenix and link with other ?ood control and river restoration projects in the metro area. The City initiated studies in 1993 with the US. Army Corps of Engineers (Corps) to restore the dry and environmentally damaged Salt River bed. The $115 million Rio Salado project was opened to the public in 2005. FY 10 appropriations and American Recovery and Reinvestment Act (ARRA) funding continues to move the Tres Rios Project toward the ?nal stage of completion and the Rio Salado Oeste Project is expected to enter the construction phase in 2012. To date, Tres Rios has received nearly $95 million in federal funds and a little more than $80 million in local support. Rio Salado Oeste is a $165 million project and has received $2.4 million in federal planning funds. Under the leadership of Congressman Ed Pastor and support from the Arizona Congressional delegation, the Rio Salado Project federal funding was completed in 2008 with $1.7 million. The federal share of the Rio Salado project was $74,500,000. The close working relationship MMO developed with staff in the City Manager?s Of?ce, the Water Services Department and the Phoenix of?ce of the Corps of Engineers helped resolve numerous management, budget and regulatory problems over the development and construction of the Rio Salado. For three years, MMO worked with the Corps and Congressman Pastor to solve the 902 project authorization limit for the Tres Rios Project. The authorized project cost for Tres Rios in 2000 was $99.3 million. MMO working with City staff was able to assist the Corps in raising the authorized project cost to $190 million. Because of the time it has taken to move forward with construction as planned due to federal funding availability, the Corps has proposed increasing the project cost to $230 million. This type of engagement with the Los Angeles District Corps office and other Corps District offices develOps good working relationships and opens the door for exchanges of information about funding and project opportunities. MMO has similar relationships with of?cials from the Bureau of Reclamation, Federal Transit Administration, Federal Highway Administration, Federal Emergency Management Agency, COPS, U.S. Fire Administration, Environmental Protection Agency (EPA), US. Fish and Wildlife Service, US. Geological Survey and Federal Aviation Administration and Rural Development Service. 21 Additional Required Information A. Insurance Certi?cation 41:0 d" CERTIFICATE OF INSURANCE PJK R643 HWEISWWVI THIS ISSUE) AS A MATTER 0F INFO-WHEN AND CDMFEFIS MEI SIGHTS UPON THE CERTIFICATE WEE. THIS CERTIFICATE DOES MDT BE NEGATWEEY AMEND. QB ALTER THE COVE-TAGE AFFOEIDED BY THE FDLIIJIES BELGW. THIS CERTIFICATE DP DOES A AHHDHEED REPRESENTATIVE DB AND THE CERTIFICATE HOLDER. IMPURTANTZ If the animate name: is an thE must all! end-nursed, ll WAWED, subject to nae terms and. mama o! the 51mm. certain ??lil'ei?s may mquire an enamsemmt. A Harman on this certi?cate me: not am: right: to me certifile home in lieu of sum egomanemgs}. mama NEWS AGENCY 195453 F: {333.1443?6112 PO BOX 29611 NC 23229 1 m5: AEEIWSS: we": 2.11: {866] 416'?? 33'30 1mm Asmmg 03mg wszz?ah: Hartford Casualty Ins Co $111013, INC. JOHN 101 CONSEITIJTION AVE NW EDD WASHINGTON 204301 mustang: Hartford ?nderwritars m5 Co HELIFBI WWO: ?sums; Hmr?: CDVERAGES THIS- IS TD THAT THE POLICIES DF IHEUHMICE LISTED BEDW HAVE BEEN ISSUED TO THE INSURED NAMED A INDICATED. ANY REQUIREMENT. TERM GF ANY OR OTHER MINE FDR TI-IE WHEY PEHDD WHEN WITH WEST T6 WHICH Ml ESSUED DH PERU-IN, THE INSURANCE AFFORDED THE mum DESEXIIEED IS SWEET ALL THE TERMS. EECUISIONSAHD CONDITIDHS SUCH FINISHES. massaowu MAY HAVE maven mm CLAIMS. ?g mm Haw imum? at?: 1 . 0630 menu. mam-r a . EGO lawman?: 9 HF, A 1 General Lia}: Li 7: 53:; 2235352 osju 3:23.13 assaafzoz-a mam q- Exclucied 551m lh?m? mun EELE met'n? - EGMFM-F .156 2, . swam SIEGJE UM i1,uun,oon CLEMENS 31W DEIEE Those usual to Insurad?s Operations. Insured per the Business Liability Coverage Form policy- a?an 1- A r? ASETIEEJLED 12 53A gag-as: usg?uannu asjoax?zoza mnwn??y?'m' mapm name 1: HFEDALITEIS mamas: Immtus 9 m? EACH OZCERRENE 1 CWMEMNJE I 9 a manor: 1? a . . mzmwaas'm .N IE ?1 5.1. amazement a. 1 can Dan I anunsa? a 72 war: 7-533 radar-02?: Wk 3? 5.1. a 1,009,000 I Indus! - n5 him aims; .mun' mm 9 1 DOD AWMSAM?mw-bmdd' Eertificate Holder is an.Ad?itional attached to this CERTIFICATE HOLDER Bernalillo County 1 CIVIC E'er NW FL 10 ALBUQUERQUE, NM B7102 SHOULD BF THE ABOVE BEECHIED PDLECIES BE CANCELED THE DATE THEREOF. BE DELIVERED IN ACEGHDAHEE WITH THE mm gjsz, AEURD ES [20 1 EDACDBD All rights The ACGHD name smug-3,1: are mama-ed marks at ADDED 22 VI. Appendix A. Moving Bernalillo County Forward As we stated earlier, Washington representation has a dimension to it. The ?rm understands how essential it is to be looking forward, recognizing developing issues and preparing to assist the County achieve its federal legislative objectives in transportation, community economic development, public safety, and water and environment. Revising the Connor?s Federal Program Bernalillo County?s federal program has been affected by three changes over the past four years: the moratorium on earmarking, make-up of the New Mexico Congressional delegation and the Budget Control Act of 112-25), which increased the debt ceiling and put in place a mandatory plan to cut $1.2 trillion from the federal budget over ten years through sequestration. House Republicans adopted a yearlong earmark moratorium in March 2010 and after the elections announced that the ban would continue for the 112th Congress. Senate Republicans followed suit right after the House?s action and banned earmarks. The earmark ban continues in the 113th Congress. It was noted at the time Congress imposed the ban, earmarking accounted for less than one half of one percent of the federal budget, and its elimination was expected to have little impact on the budget deficit. Before and since the earmark ban took effect, many lawmakers expressed reservations about turning over spending authority to the Executive Branch. In the past year, there have been grumblings in . Congress and stories in the press about Congressional frustration at not having a hand in directing where federal funds are spent. The leadership of House and Senate infrastructure committees has commented about ?nding ways to authorize speci?c projects in their water and surface transportation bills. Appropriations committee members in the House and Senate have complained the past two years about the dif?culty passing bills because projects, which attract member?s interest and support, are not part of the process. The point is demonstrated by the House?s recent inability to pass a farm bill and several FY14 appropriations bills. While there are calls within Congress to reconsider the earmark moratorium, most likely there will not be a change in earmark policy while the margins between majority or minority party remain volatile. Although Members of Congress cannot request earmarks, Senators and Congressmen can in?uence the funding for speci?c program accounts. For example, a Senator or Congressman can work with appropriators, to get the highest level of spending for the Corps of Engineers construction or environmental infrastructure accounts, Federal Transit Administration (FTA) New Starts Capital Investment funding for Bus Rapid Transit (BRT) and Staf?ng for Adequate Fire and Emergency Response (SAFER) Grants. The more funding for a program, the more opportunity there is for Bernalillo County to obtain a grant. The Congressional delegation also provides funding support for County grant requests by sending a delegation or individual support letters to a federal agency and, in some instances, follow up with a phone call to a federal agency in support of the County?s application. MMO has provided the delegation with key federal agency contacts, important federal program background, project funding histories and relevant background information on County projects to help the delegation frame the most effective statement of support for a project. 23 In addition to appropriations committees increasing funding for certain program accounts, appropriators have been quietly including provisions in bills to take a more direct role in project funding. The past two years Energy and Water Development appropriations bills have directed the Corps of Engineers to develop criteria for studies (investigations) and construction projects and make recommendations to Congress for projects that should be funded according to the criteria. Funds have been set-aside the past two years in the Energy and Water Development bill for the recommended projects. Congress has been taking similar action with authorizing ::.legislation. The Water Resources Development Act a bill authorizing Corps projects, passed the Senate on May 15 and was sent to the House for consideration. The House is developing its '0wn bill and might bring it to the floor in the fall. There have been discussions by House and Senate members about how speci?c project authorizations could be included in the next WRDA bill. A similar discussion is going on regarding reauthorization of Moving Ahead for Progress in the Twenty-First Century the legislation authorizing highway and transit programs. It is important that Bernalillo County be aware of the discussions about including specific projects in authorizing or appropriations legislation because we do not know when Congress will pivot on the issue. Whether a local government seeks grants or is once again able to take advantage of Congressionally directed funding, its federal program must be shaped around the current Washington realities to have a chance of success. On Monday, July 15, MMO met with the Bernalillo County Manager and Deputy County Managers to discuss progress with the County?s 2013 federal priorities and initiate discussion about the County?s 2014 federal program. In the conversation, MMO noted that the County?s federal priorities should include requests/ issues that can be addressed within the context of the current Washington climate. Based on our discussions with Commissioners and County Management during our mid?July visit, we propose Bernalillo County include projects in its 2014 program that can be addressed by existing sources of federal grant funds, legislatiVe action and regulatory assistance. Possible projects and issues to consider are]: Transportation Bm Rapid Transit Central/Avenue, CNM/Szmpon? and Farm de/ 0716 MMO has worked with the Federal Transit Administration (PTA) and local project sponsors on New Starts capital investrnents in Phoenix, El Paso and Bernalillo County. Local governments in the El Paso and Albuquerque metropolitan areas are developing BRT?Small Starts projects. Bernalillo County?s active support for deployment of the Central and University BRT Corridors should lead to scheduling a meeting with Federal Transit Administrator Peter Rogoff this fall to articulate Bernalillo County?s support for the mobility, transit oriented development and employment benefits of the two projects. County of?cials should meet with Washington based Congressional delegation staff to articulate Bernalillo County?s specific interest in the BRT corridors. The mobility benefits of the intersecting 1 Not listed in priority 24 .M . corridors are of special interest to Bernalillo County because of the University of New Mexico Hospital?s (UNMH) location on the University Corridor. The County?s investment in UNMH is a major reason for its interest in BRT and transit oriented development created by the University Boulevard project. Bernalillo County should follow the ridership discussions Rio Metro is having with Fort Worth of?ce regarding the level of ridership the University Corridor must have to obtain a ?medium? or ?high? ranking by the agency. The level of ridership is one measure used in determining if a project quali?es for Small Starts funding. The Congressional delegation should be briefed on the status and relationship of the metro BRT projects in the fourth quarter of 2013. The County should advise the Congressional delegation to support the highest level of FY 14 and future ?scal years for the New Starts program. Congress approved a two?year surface transportation bill in July 2012 that expires on September 30, 2014. Congress will begin consideration of reauthorizing (P.L.1 12-141) next year, but will encounter a signi?cant challenge in completing a bill because of the revenues needed to support a longer?term bill. Regardless of the revenue challenges, Bernalillo County should develop a list of improvements that address speci?c infrastructure, technology and regulatory advancements that bene?t the County?s surface transportation programs. Over the next ?ve months, the County should develop a speci?c list of projects or improvements, consult with the Mid Region Council of G0vernments (MRCOG) to determine the regional interest in similar improvements and develop speci?c proposals to discuss with the Congressional delegation for consideration in the reauthoriza?on. The County should consider recommendations that ?t within existing program categories: Surface Transportation Program (STP), Congestion Mitigation and Air Quality Improvement Program (CMAQ), Highway Safety Improvement Program (HSIP) and Metropolitan Planning. Regional priorities appeal to the delegation because of the bene?ts to multiple parties. The County and MRCOG should meet with Senator Tom Udall, a member of the Senate committee that writes the highway portion of the surface transportation bill, before the end of the year to discuss surface transportation priorities for the Bernalillo County Albuquerque metropolitan area. MMO will meet with Senator Udall?s senior legislative staffer responsible for surface transportation issues in the fall to discuss the Environment and Public Work Committee?s MAP-21 reauthorization schedule and speci?c issues Senator Udall plans to consider as part of the Committee?s work for 2014. We should coordinate the County?s reauthorization message with Senator Udall?s state of?ce representative and his Washington legislative staff. Public Safety Bemalz'l/o Camry Fire?ghter Am?n?anw Congress appropriates federal funding for Fire?ghter Assistance Grants, which provide funding to local ?re departments for hiring personnel, equipment and training, annually through the appropriations process. In FY 13, Congress provided $675 million for Fire?ghter Assistance grants. MMO recommends that the County indicate its support for continued funding for these programs by including the request in its annual program and through formal correspondence with. the 25 ,4 County?s Congressional delegation during the appropriations process. Funding these programs at the highest levels will ensure that the County has an opportunity to compete for this funding. We are currently working with County staff on the FY 13 Staf?ng for Adequate Fire and Emergency Response (SAFER) grant, which provides federal funding for hiring/rehiring ?re?ghters. In the next month, FEMA will also announce funding for the Assistance to Fire?ghters Grant (AFG) program, which helps ?re departments obtain critically needed equipment, protective gear, emergency vehicles, training, and other resources needed to protect the public and emergency personnel from ?re and related hazards. MMO provides technical assistance and works with the regional and federal contacts at FEMA to ensure that grant applications are written according to federal interests and guidelines. Reducing Recidiw'rm The federal government?s involvement in offender reentry programs typically occurs through grant funding from the Departments of Justice, Labor, Health and Human Services and Education. On April 9, 2008, the Second Chance Act (Public Law 110?199) was signed into law. The act expanded reentry programs at the Department of Justice and created an array of pilot programs. Over the past ?ve years Congress has appropriated over $200 million for Second Chance Act projects. The County should provide the delegation with a description of the ?nancial and social costs of recidivism and request that the delegation support programs like the Second Chance Act in the FY 15 appropriations process. County of?cials and staff should meet with the Department of Justice to explore future partnership and funding opportunities. The County should also explore funding to meet the mental health and behavioral issues of incarcerated and detained individuals housed in County facilities. As the primary health care provider for these individuals, the County should partner with State and Federal agencies to ensure that the County is taking advantage of all programs that provide additional assistance and resources to offset County recidivism costs. Interoperabiligz Communication; County Commissioners are committed to building a 21St century communications network. The County should include a speci?c description of the initiative in its federal program and request that the delegation support the highest level of funding for Homeland Security Grant Program, which is comprised of three interconnected grant programs: State Homeland Security Grant Program Urban Area Security Initiative and Operation Stonegarden. The provides funding to the State of New Mexico with an 80% local government sub?allocation requirement. funding is a possible source of interoperability funding. Economic Community Development Protecting Berna/i110 County Economic Deaelopmem? Tax radii: and Polz'cz'er On June 27th, Senator Max Baucus (D-MT), Chairman of the Senate Finance Committee and Senator Orin Hatch Ranking Member announced their ?blank?slate? approach as a legislative starting point for tax reform. This means that tax credits and policy like: municipal bonds exemption, low income housing tax credit, and new market tax credits will be added only if they meet the following general principles: (1) help grow the economy, (2) make the tax code fairer, or (3) effectively promote other important policy objectives. If proposals do not meet the criteria they will not be added. 26 itif." i. )y g; ?My ,4 ?my. Pu Mt .t ?55; Enacting a tax reform bill in the current climate appears to be a task that will be carried over into next year or possibly the next Congress. There a number of critical tax provisions that will expire at the end of this year, which could provide enough incentive for Congress to act on tax reform before the end of the 113?h Congress. The County, with assistance, sent letters to Senators Udall and Heinrich highlighting the importance of four federal tax credits policies (tax exemption of municipal bonds, New Market Tax Credit Program, Low Income Housing Tax Credits and Historical Preservation Credits) that are critical to the County?s economic development efforts. Over the past five years, these credits have resulted in the creation of 93 new jobs, 785 construction jobs and approximately $65 million in new private sector investment. MMO recommends that the County include these tax programs/ policies in its 2014 federal program and request that the delegation support their inclusion in a future tax reform proposal. Communin Development Block: Grant (CDBG) Eligibility Under current law, quali?ed urban counties with populations of at least 200,000 (excluding the population of entitled cities) are entitled to receive annual CDBG grants. As a result, Bernalillo County, while its total population is in excess of 600,000, does not qualify as an entitlement community. MMO will work with County staff and HUD to explore options to provide direct CDBG funding to Bernalillo County. This is a long?term goal and will require a sustained legislative effort. Promatz'ng Toumm and Trade in Bemalz'llo Camry President Obama signed the Travel Promotion Act (IPA) into law on March 4. 2010. In 2011, MMO began working with the BRAND USA, which was established by the Travel Promotion Act to spearhead the nation's first global marketing effort to promote the United States as a premier travel destination and to communicate U.S. entry/ exit policies and procedures to worldwide travelers, to explore opportunities for promoting Bernalillo County/ Albuquerque as a premier travel destination. In July, the Public Affairs Director for the BRAND USA contacted MMO to discuss outreach efforts with local communities. MMO that he travel to Bernalillo County to participate in a roundtable discussion with travel industry stakeholders, including County Management. MMO will continue to identify opportunities to promote the County as a travel and business destination. MMO will also work with County partners to identify federal resources and programs that will expand economic development in the County. For example, the US Customs and Immigration Services administers the Immigrant Investor Program, also known as created by Congress in 1990 to stimulate the US. economy through job creation and capital investment by foreign investors. The program?s authorization has been extended on a short?term basis. A provision to permanently extend the program was included in the Senate Immigration Reform proposal but is in limbo until the House of Representatives acts on the bill. 27 ,3 . Environment Water Resources Bernalillo County has three outstanding funding issues in this area and all are directly related to the US. Army Corps of Engineers. The issues are reimbursement for funding the County advanced to the Corps for construction of the North and South Valley Utilities Project, $5.4 million in ?nal Corps funding to complete the South Valley Flood Reduction Project and additional environmental infrastructure (E1) spending authority to address the North Edith Utility Improvements project. font/inert Volley Flood Reduction A feasibility study for the flood control project was approved in the 1999 Water Resources Development Act The project was authorized in WRDA 2007 for $29 million of which $16.5 million was the federal share. To date the Corps has provided all but $5.4 million of its share of the project. The County is working with the Albuquerque District of the Corp of Engineers to include the ?nal funding in the District?s 2014 work program. In the County?s 2014 federal program, final project funding should be included along with a recommendation that the Congressional delegation work with House and Senate appropriations committees to ensure the project receives priority consideration for funds made available to the Corps to address priority projects. When Bernalillo County officials meet with the Congressional delegation in the fall, they should point out the importance of completing the project in the FY 14 budget cycle. The County should ask the delegation to request the Corps to fund the project as part of the agency?s FY 14 work program. Environmental Iiy?rmtmetnre, Section 593 Reimbursement The 1999 WRDA bill authorized Section 593, Central New Mexico to provide $25 million in environmental infrastructure projects in the three counties of Bernalillo, Sandoval and Valencia. The FY 06 Energy and Water Development appropriations bill added $25 million more to the provision. Currently all of the funds have been spent or obligated to projects. Without earmarking, there is no way to add more spending authority for the provision. Members of Congress add environmental infrastructure (El) like Section 593 to WRDA legislation to bene?t their district or state. Since the projects are not budgeted for by the Administration there is no way to fund them without earmarking, which means under current circumstances no money is provided for E1 pr0jects. Over the past two years, Corps and Appropriations staff indicated funding for El projects have received some money. Bernalillo County should work with Senator Tom Udall, a member of the Appropriations Committee, to reimburse the County for $3.9 million in funding advanced to the Corps to construct the North and South Valley Utility Project. Nerf/9 Edit/9 Utility Improvement: Project The project includes the assessment, design and construction of a sewer system servicing a neighborhood in the North Valley of Albuquerque, NM. The project is designed to protect and improve groundwater quality in the region through decommissioning private residential sewer septic systems in the neighborhood. The project will enhance existing residential roads, improve neighborhood access and improve long-term operations and maintenance for these facilities. This project would qualify for environmental infrastructure (El) funding through the Section 593. The federal funding challenges for the North Edith Utility Improvements are the backlog of 28 bw? .A ?wa? 3mgquali?ed projects eligible for Section 593 funding and the earmark moratorium. At present there is no viable funding mechanism for the project. The County should determine the projects priority in the context of 2014 federal program and work with the Congressional delegation to establish additional authority for environmental infrastructure projects in pending WRDA legislation. Carnuel Mutual Domestic Water and Wartewater Comumerr Annotation Water and Wastewater Bernalillo County, the ABCWUA Water Authority) and Carnuel Domestic have worked with the Rural Utility Service (RUS) of the Department of Agriculture for three years to explore the use of the RUS grant and loan program for assistance to Carnuel to build the necessary infrastructure to provide safe drinking water and wastewater treatment connections to the Water Authority?s system. MMO worked with Commissioner Johnson and the Water Authority to determine with RUS if agency funds could be used for the Carnuel project. MMO wrote an amendment to provide RUS more program flexibility to make grants to communities like Carnuel to work with metropolitan water utilities. Our latest effort was to work with Congresswoman Michelle Lujan Grisham to include an to the Farm bill to give RUS more-flexibility in working with communities like Carnuel that are adjacent to service areas of municipal water utilities. The House Agricultural Committee Chair and Ranking Member opposed the amendment because committee staff advised that RUS has the authority to be flexible in the amount of grant funding it can provides to an applicant for RUS assistance. Congresswoman Lujan Grisham is continuing to look for a solution to the funding impasse. Her legislative Director is meeting with the RUS Director during the August Congressional recess to discuss funding options. Continued work with RUS appears to be the best and only option for further work on this issue. This ?nal section proposes options for Bernalillo County to Move Forward. MMO will continue to put Bernalillo County at the forefront of the action to bene?t from our knowledge of Washington and the opportunities for the County to use private and public resources. We are eager to continue to be part of Bernalillo County?s Move Forward. 29 ?y?w an? inquiry w?Wu-References 1. Mr. Ed Zuercher, Assistant City Manager City of Phoenix 602.262.6941 Ms. Joyce Wilson, City Manager City of El Paso 915.541.4844 Ms. Karen Burnham, Interim City Manager City of Oxnard 805.385.7430 karen.burnham@ci.oxnard.ca.us Mr. Bob White, former City Attorney City of Albuquerque 505.242.2228 Robert roblesrael.corn 30 Murray, Montgomery O?Donnell Proposal to Bernalillo County, New Mexico In Response to RFP Binder 2 Federal Lobbyist Services September 6, 2013 Submitted By John R. O?Donnell Kyriakos P. Pagonis Murray, Montgomery O?Donnell 101 Constitution Ave, NW 9th Floor Washington, DC 20001 202.742.4410 202.742.4351 COPY i V. MURRAY, MONTGOMERY 101 CONSTITUTION AVENUE, NW SUITE 900 MOSCOW OFFICE VIRGINIA OFFICE USIEVICH STREET, 20A WASHINGTON 200m 111 FRANKLIN STREET OFFICE 1419 202-742-4410 SUITE 302 MOSCOW, RUSSIAN FEDERATION 202.742.4351 ALEXANDRIA, VA 22314 7.095.155.4525 703.534.0929 FAX 1095.1 52.62.21 FAX 703.684.0928 I. Complete Cost Response has provided full service Washington Representation for its clients for over 30 years based on an annual retainer fee. To comply with the requirements of and to meet the scope of work proposed by Bernalillo County, we propose a yearly (12 months) retainer of $85,800 (hourly rate of $160). This amounts to a retainer fee of $7,150. It is policy to devote Whatever time is required to accomplish the client?s objectives at no additional hourly cost. This retainer fee is inclusive of all costs associated with providing federal lobbying services for Bernalillo County. Emir?: is?; II. Offeror?s Additional Terms and Conditions As indicated in our ?Submittal Letter Form?, MMO accepts the ?Conditions Governing the Procurement? and is not proposing any additional terms and conditions. CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections 13-1-28, et seg., NMSA 1978 and NMSA 1978, 13-1-191.1 (2006), as amended by Laws of 2007, Chapter 23Lany prospective contractor 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 ?le this form with that state agency or local public body. This form must be ?led even if the contract quali?es as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public of?cial 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 of?cial exceeds two hundred and dollars ($250) over the two year period. Furthermore, the state agency or local public body may cancel a solicitation or proposed award for a proposed contract pursuant to Section 13-1-181 NMSA 197 8 or a contract that is executed may be rati?ed or terminated pursuant to Section 13-1-182 NMSA 1978 of the Procurement Code 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 of?cial or the applicable public of?cial?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. The state agency or local public body that procures the services or items of tangible personal property shall indicate on the form the name or names of every applicable public of?cial, if any, for which disclosure is required by a prospective contractor. THIS FORM MUST BE INCLUDED IN THE REQUEST FOR PROPOSALS AND 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 de?nitions apply: ?Applicable public official? means a person elected to an of?ce or a person appointed to complete a term of an elected of?ce, who has the authority to award or in?uence 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 of?cial or any person authorized to raise, collect or expend contributions on that of?cial?s behalf for the purpose of electing the of?cial to statewide or local of?ce. ?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 of a prospective contractor, if the prospective contractor is a natural person; or an owner of a prospective contractor. 1 of 3 DFA Disclosure form/July, 2007 ?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. ?Prospective contractor? means a person or business that 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 or business quali?es for a sole source or a small purchase contract. ?Representative of a prospective contractor? means an of?cer 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. Name(s) of Applicable Public Of?cial(s) if any: Bernalillo County Board of County Commissioners: Maggie Hart Stebbins, Chair Debbie O?Malley, Vice Chair Art De La Cruz, Member Lonnie C. Talbert, Member Wayne A. Johnson, Member Elected Public Of?cials: Tanya R. Giddings, Assessor Maggie Toulouse Oliver, County Clerk Willow Misty Parks, Probate Judge Dan M. Houston, Sheriff Manny Ortiz, Treasurer DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Name of Company (Prospective Contractor) Contribution Made By: Relation to Prospective Contractor: Name of Applicable Public Of?cial Date Contribution(s) Made: Amount(s) of Contribution(s) Nature of Contribution(s) Purpose of Contribution(s) (Attach extra pages if necessary) Signature Date Title (position) 2 of 3 DFA Disclosure form/July 2007 NO CONTRIBUTIONS IN: THE AGGREGATE TOTAL OVER TWO HUNDRED HOLLARS ($250) MADE to an appiicable pub?c of?ciai by me, a famiky member or representative. RODEW 62hr?? Title (Position) 3 of3 DFA 2007