CONTRACIIA 9 Effective Date: DONA ANA COUNTY CONTRACT FOR GOODS AND SERVICES This Contract is entered into between Do?a Ana County, hereinafter referred to as the "County," and "Contractor" described below, collectively Do?a Ana County. he ?Parties?, to provide services on behalf of Contractor Legal Name: Broad Spectrum Consulting Government Affairs Marquez Services Summary Description: State LObinSt Services Initial Period of Performance shall be through: June 30, 2014 Total Annual Charges to this contract may not exceed: 46,000-00 This Contract complies with New Mexico and County procurement requirements as follows: 13-0054 3 Bid# Under $50,000/yr 3 Other: Revenue; non-?nancial or Under $50,000/yr Three Written Quotes under $20,000 annually. BOCC approval date BOCC approval date ?Quali?ed? Professional Service, Under $50,000 annually. Quali?cations attached. Quotes under $3,000 annually. No services shall be rendered nor shall any goods be provided until this contract has been executed by all parties, regardless of the indicated effective date. NOTICES: All correspondence regarding this contract shall be sent to: Do?a Ana County Government Contractor: Broad Spectrum Consulting Govel Department: County Manager ATTN: Charlie Marquez ATTN: Chuck McMahon Title: Owner Streetz845 N. Motel Blvd. Street: 7229 Hapsburg Road NE. City, State, Zip: Las Cruces, NM 88007 City, State, Zip: Rio Rancho, NM 87144 Phone: (575) 647-7201 Phone:(505) 771-3850 Fax: (575) 525-5952 Fax: (505) 771-3851 Cell: Cell: (505) 263-2032 Email: chuckm@donaanacounty.org Email: charliemarquez@msn.com ARTICLE 1 - SERVICES GOODS TO BE PROVIDED: For RF or Professional Services contracts, the Contractor shall provide services to the County on matters relating to the contractor?s specialized areas of expertise as de?ned in this Contract and its referenced or incorporated Attachments. Negotiated fees are ?xed for the ?rst year. Price adjustments thereafter are subject to review and written determination on an individual contract basis. For Sealed Bid Inde?nite Quantity contracts. the Contractor shall have the item(s) or service(s) available, as de?ned in this contract, on an ?as Section I Services and Goods Contract - DAC and Broad orm Revision Date 10-2012 ordered? basis. No ?mds are obligated under Spectrum Consulting Govemment Affairs Page 1 of 7 Sealed Bid Inde?nite Quantity contracts. Funds for Sealed Bid Inde?nite Quantity contracts are obligated by purchase orders on an ?as needed? basis. Prices are ?xed for the ?rst year of a Sealed Bid Inde?nite Quantity contract. Thereafter, in the event of a product cost increase an escalation request will be reviewed by the County on an individual basis. Escalation requests are only to compensate for an actual cost increase and will not be considered for an increase in pro?t margin. All Contractors shall secure and remain current on all insurances, licenses, permits, certi?cates, fees, etc., required for the performance of this contract. ARTICLE 2 - CONTRACT DOCUMENTS: The Contract shall be comprised of this contract document, its Attachments and all documents referenced herein. As applicable, the Contract shall also include all Proposal or Bid documents, including the Contractor?s responses, Reference Speci?cations, Special Conditions, Technical Speci?cations, Standard Details, any addenda thereto, and all negotiation records, all of which are incorporated herein and made a part of the Contract. In instances where there exists a con?ict between any of the Contract documents described above, this Contract plus attachments hereto, negotiation records, the County?s solicitation documents, and the Contractor?s response to the solicitation, in that order, shall control the interpretation of the parties? respective rights and obligations. ARTICLE 3 - PERIOD OF PERFORMANCE: The period of performance of this Contract shall commence or date of last signature, whichever is later. and continue through the Initial Period of Performance date detailed above. If stipulated in a formal Proposal or Bid solicitation by the County, this Contract may be renewed for up to 3 {three} additional years, not to exceed a total of 4 gfourz years. ARTICLE 4 - PLACE OF PERFORMANCE: The Contractor shall provide the required services or goods for Do?a Ana County when and where appropriate or as required by the County. ARTICLE 5 - COST AND PAYMENT: The Contractor shall be paid for services rendered satisfactorily per the negotiated fee(s) and payment schedules incorporated hereto in applicable attachments, including Attachments A and B. All payments will be in arrears. Payment shall be made per request upon receipt of a detailed invoice that shall include description of work completed or goods delivered pursuant to the deliverable(s) agreements and measures of attainment of this contract for the period covered by the invoice. The invoice submitted shall note the purchase order number and this Contract number and may be delivered to the Department contact speci?ed in ?Notices? above. The County shall pay to the Contractor the New Mexico Gross Receipts Tax on labor and services only as levied on the amounts invoiced and payable under this contract. The Contractor will pay the New Mexico Gross Receipts Tax levied on the amounts payable under this contract and remitted to them by Do?a Ana County to the appropriate state agency. ARTICLE 6 - AMENDMENTS: This Contract shall not be altered, changed, or amended except by written instrument signed by both parties. ARTICLE 7 ASSIGNMENT: The Contractor shall not assign nor delegate Speci?c duties as part of this Contract nor transfer any interest nor assign any claims for money due or to become due under this Contract without the written consent of the County. ARTICLE 8 BINDING EFFECT OF CONTRACT: Both Parties agree that the terms of this Contract and any extension or renewal thereof shall extend to and be binding upon the Section I Services and Goods Contract DAC and Broad Spectrum Consulting Government Affairs Page 2 of 7 C) arm Revision Date 10-2012 administrators, assigns, successors, and transferees of the contracting parties. ARTICLE 9 - COMPLIANCE WITH GOVERNING LAW: This Contract shall be construed in agreement with New Mexico law. The Contractor shall keep fully informed of and shall also comply with all applicable federal, state, and local laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed, or the work, or which in any way affect the conduct of the work. By way of illustration, but not of limitation, the Contractor shall comply with laws relating to employment eligibility including: the Immigration Reform and Control Act of 1986 (Public Law 99-603) and the Immigration Act of 1990 (Public Law 101-649) regarding employment veri?cation and retention of veri?cation forms for any individual(s) hired on or after November 6, 1986, that will perform any labor or services under this Contract. The Contractor shall comply with all federal statutes relating to non-discrimination including, but not limited to: Title VII of the Civil Rights Act of 1964 (Public Law 88-352), which prohibits discrimination on the basis of race, color, or national origin; Title IX of the Education Amendments of 1972, as amended [20 U.S.C.A. Section 504 of the Rehabilitation Act of 1973 (Public Law which prohibits discrimination on the basis of handicap; the Age Discrimination in Employment Act of 1967 (Public Law 90-202), as amended; the Americans with Disabilities Act of 1990 (Public Law 101-336); and all amendments to each, and all requirements imposed by the regulations issued pursuant to these acts, especially 45 CFR Part 80 (relating to race, color, and national origin), 45 CFR Part 84 (relating to handicap), 45 CFR Part 86 (relating to sex), and 45 CFR Part 91 (relating to age). ARTICLE 10 - CONFIDENTIAL INFORMATION: Any con?dential information, not subject to disclosure under the Inspection of Public Records Act, given to or developed by the Contractor, its of?cers, directors, employees, agents, or sub-consultants in the performance of this Contract will be kept con?dential and will not be made available to any individual, organization, or other entity by the Contractor without prior written approval of the County. ARTICLE 11 - CONFLICT OF INTEREST: The Contractor warrants that it presently has no interest and shall not acquire any interest during the term of this Contract which would have the potential to con?ict with the performance of the services required under this Contract. In the event such a con?ict arises, it shall immediately be brought to the attention of the County and appropriate action acceptable to the County shall be taken. The Contractor's failure to inform the County of the existence of a potential con?ict of interest constitutes default and shall be grounds for immediate termination of Contract by the County. ARTICLE 12 - CONFLICTS OF LAW: If any provision of this contract con?icts with governing federal or state law or County ordinances, then that law or ordinance shall supersede the con?icting provision of this contract. ARTICLE 13 - HIPAA COMPLIANCE: As applicable, the parties agree to comply with the provision of the Health Insurance Portability and Accountability Act of 1996, and related regulations, as amended in the event the Contractor receives patient records or information (Protected Health Information as de?ned by HIPAA). ARTICLE 14 - INDEMNIFICATION AND HOLD HARMLESS AGREEMENT: Non-Governmental Entity The Contractor shall hold harmless, indemnify and defend the County and its ?public employees? as de?ned in the New Mexico Tort Claims Act, Sections 41- 4-1 to 41-4-29, NMSA 1978, as amended, against and from any and all claims, losses, demands, judgments, damages, liabilities, lawsuits, expenses, attorneys fees, costs or actions of any kind resulting from or related to the Contractor?s intentional acts, errors or omissions in the Contractor?s performance under this contract. The Contractor?s agreement to hold harmless, indemnify and defend shall not be affected or terminated by the cancellation, expiration of the Section I Services and Goods Contract DAC and Broad Spectrum Consulting Govemmenl Affairs Page 3 of 7 Form Revision Date [0-2012 term or any renewal or any other modi?cation of the Contract for any reason and shall survive the cancellation, expiration of the term or any renewal or any other modi?cation of this contract, acts, errors or omissions to act occurring during the term of this contract. Governmental Entity: Neither party shall be responsible for liability incurred as a result of the other party?s acts or omissions in connection with this Contract. Any liability incurred in connection with this Contract is subject to the immunities and limitations of the New Mexico Tort Claims Act, NMSA, 1978 41-4-1 et. seq. and its amendments, where applicable. ARTICLE 15 - INDEPENDENT CONTRACTOR: Nothing in this Contract is intended or should be construed in any way to create or establish a partnership relationship between the Parties or to establish the Contractor as an agent, representative, or employee of the County for any purpose or any manner whatsoever. Contractor and its employees shall not accrue leave, retirement, insurance, or any other bene?ts afforded to employees of the County. Contractor is an independent contractor of the County. The Contractor, its of?cers, directors, employees, servants, agents, or representatives are not and shall not be deemed employees of the County and shall not bind the County in any respect. ARTICLE 16 - INSURANCE: For the duration of the contract and until all work speci?ed in the contract is completed, the Contractor shall maintain in effect current Certi?cates of all insurance as required below and comply with all limits, terms and conditions stipulated therein. The County shall be named as an additional insured as stipulated. Contractor?s who are required to provide Certi?cate(s) of Insurance, must provide a new current Certi?cate(s) no less than annually. As applicable, work under this contract shall not commence until evidence of all required insurance is provided to the respective County Department for inclusion with this Contract. All insurance shall be written to conform to the requirements stipulated. Evidence of such insurance shall consist of a completed certi?cate of insurance, signed by the insurance agent for the Contractor and returned to the County attesting that all required insurance is in effect. If for any reason any material change occurs in the coverage during the course of the contract such change will not become effective until 30 days after the County has received written notice of such change. Required Insurance: As speci?ed in the RFP, BID documents or Attachment A. ARTICLE 17 - KEY PERSONNEL: The Contractor shall identify all key personnel assigned to the performance of this Contract in Section 11, Attachment of this Contract. Key personnel may not be changed without prior written approval of the County Manager and inclusion of that written approval in the of?cial Contract File in the County Purchasing Department. ARTICLE 18 - MEDIATION: In the event that a dispute arises with respect to any of the provisions contained in this Contract or any other matter affecting this contractual relationship between the County and the Contractor, the Parties agree that prior to ?ling any court action to enforce the Contract or rights under the Contract, they will use the services of a mediator. The mediator shall either be certi?ed as a mediator or shall have experience as a mediator. The parties shall mutually agree upon the choice of mediator. In the event the Parties have not agreed to a mediator within three days of written notice to the other regarding the dispute, then a list of seven potential mediators will be obtained from the Court or other professional association, and the Parties shall use a striking process until a mediator is agreed upon. Each party shall be responsible for their respective mediation costs. ARTICLE 19 - MERGER OF PRIOR CONTRACTS: This Contract incorporates all the conditions, contracts, agreements, and understandings of the Parties concerning the subject matter of this Contract. All such conditions, understandings, and agreements have been merged into this written Contract. No prior condition, contract, agreement, or understanding, verbal or Section I Services and Goods Contract DAC and Broad Spectrum Consulting Govemment Affairs Page 4 of 7 orm Revision Date 10-2012 otherwise, shall be valid or enforceable unless embodied in this Contract, either explicitly or by reference. ARTICLE 20 - NON-APPROPRIATION: The County?s obligation to make payment under the terms of this Contract is contingent upon its appropriation of suf?cient funds to make those payments and the NM Department of Finance?s (DFA) ?nal approval of the County?s budget. If the County does not appropriate suf?cient funds or DFA does not approve the County?s ?nal budget, this Contract will terminate upon written notice of that effect to the Contractor. The County Board?s determination that suf?cient funds have not been appropriated, through Board of County Commissioners or DF A action, is ?rm, binding, and not subject to review. ARTICLE 21 - NOTICE TO PROCEED OR COMMENCEMENT OF WORK: It is expressly understood that this Contract is not binding upon the County until approved and signed by the County and, further, that the Contractor shall not proceed with its obligations until the Contract has been signed by all Parties. ARTICLE 22 - PARAGRAPH HEADINGS: Paragraph headings are for convenience and reference and are not intended to limit the scope of any provision of this Contract. ARTICLE 23 - PERSONAL LIABILITY: No elected or appointed of?cial, employee, servant, agent, or law enforcement of?cer of the County shall be held personally liable under this Contract or any extension or renewal thereof because of its enforcement or attempted enforcement, provided they are acting within the course and scope of their employment or governmental duty and responsibility. ARTICLE 24 - PROCUREMENT CODE: The Procurement Code, 13-1-25 through 13-1- 199, NMSA 1978 as amended, imposes civil and criminal penalties for its violation. In addition, New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kickbacks. Pursuant to the above, it is unlawful for any Contractor to engage in bribery, offering gratuities with the intent to solicit business, or offering or accepting kickbacks of any kind. All other similar act(s) of bribes, gratuities, and/or kickbacks are likewise prohibited. ARTICLE 25 - PROPRIETARY INFORMATION: All documents, writings, electronic formats, drawings, designs, speci?cations, notes, project manuals, or related documents and other work developed in the performance of this Contract by the Contractor shall become the sole property of the County whether the activity for which they are developed is implemented or not. The Contractor shall provide the County with a complete set of all such proprietary information as requested by the County, but no later than the effective termination date of the contract. Contractor is strictly prohibited from reproducing, duplicating or printing any such proprietary information in any format for personal or monetary recognition, use or gain without the advance written permission of the County. ARTICLE 26 - RECORD KEEPING AND AUDITS: The Contractor shall compile, maintain, and make available for inspection all records relating to the services to be provided under this Contract. These records shall be subject to inspection by the County or designated auditor. The County shall have the right to audit billings both before and after payment; payment under this Contract shall not foreclose the right of the County to be reimbursed any excessive or illegal payment amounts made to the Contractor during the term of this Contract. Pursuant to State of New Mexico General Records Retention requirements, Contractor will retain all original, source and supporting documents and records related to this contract for a minimum of six (6) years after the ending date of this contract. ARTICLE 27 - RELEASE: The Contractor, upon ?nal payment of amounts due under this Section I Services and Goods Contract DAC and Broad Spectrum Consulting Government Affair Page 5 of 7 orm Revision Date 10-2012 Contract for work completed and accepted by the County, releases the County, its of?cers and employees from all liabilities, claims, and obligations whatsoever arising from or under this Contract. The Contractor agrees not to bind the County to any obligation not assumed in this Contract by the County, unless the Contractor has express written authority ?om the County Manager to do so, and then only within the limits of the expressed written authority. ARTICLE 28 - SEVERABILITY: If any clause or provision of the Contract is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, then it is the intention of the parties hereto that the remainder of the Contract shall remain in full force and effect. However, in the event that either Party can no longer reasonably perform pursuant to the remaining Contract terms, or if the purpose of the Contract can no longer be carried out by either Party, the Contract may be voided and no damages shall accrue to either party. ARTICLE 29 - SOVEREIGN IMMUNITY: Non-Governmental Entity: By entering into this Contract, the County and its "public employees" as de?ned in the New Mexico Tort Claims Act, NMSA 1978, Sections 41-4-1 through 41-4-29, as amended, do not waive sovereign immunity, do not waive any defense, and do not waive any limitations of liability pursuant to law. No provision in this Contract modi?es or waives any provision of the New Mexico Tort Claims Act, supra. Governmental Entity: By entering into this Contract, the County and the Governmental Entity Contractor do not waive sovereign immunity, do not waive any defense and do not waive any limitations of liability pursuant to law. No provision in this Contract modi?es or waives any provision of the New Mexico Tort Claims Act, supra. ARTICLE 30 - SUBCONTRACTING: This Contract is based on the personal skills and reliability of the Contractor as known by the County at the time of execution of this Contract. The Contractor shall not subcontract out or hire any new employee to perform any portion of the services to be performed under this Contract without the prior written approval of the County Manager and inclusion of that written approval in the of?cial Contract File in the County Purchasing Department. The written approval shall minimally include disclosure of the name of the individual(s) to be hired or contracted, a statement of the individual(s) quali?cations and a justi?cation of the request to hire or subcontract. ARTICLE 31 - TERMINATION: The County may terminate this contract for convenience, in whole or in part, by providing written notice to the Contractor thirty (30) days prior to termination. In the event of contract termination, the Contractor shall be paid for work completed to the date of termination. In no event shall the dollar amount to be paid upon termination exceed a total of the maximum contracted amount and any additional amount provided for by amendment(s). a. Where a Party to this Contract has committed a major breach that is capable of remedy, the Party who is not in breach may serve a written notice, with a ?xed period in which to remedy the breach. The period given shall be determined at the sole discretion of the Party serving the notice but subject to a minimum period of two weeks. b. The County and Contractor shall have the right, such right being exercised at their absolute discretion, to terminate this Contract, in writing, if a major breach has been committed that can not be remedied. Further, the Parties may terminate this contract, in writing, if a breach has not been remedied to the reasonable satisfaction of the Party serving the notice of breach within the period speci?ed in any such notice. ARTICLE 32 - THIRD PARTY BENEFICIARY: It is agreed between the Parties executing this Contract that it is not intended by any of the provisions of this Contract to create on behalf of the public or any member thereof the status of third party bene?ciary nor to authorize anyone not Section I Services and Goods Contract DAC and Broad Spectrum Consulting Government Affairs Page 6 of 7 (O arm Revision Date 10-2012 .1 part} to the agreement to maintain a suit based upon this Contract. ARTICLE 33 - WAIVER: Any waiver by the Count} of any breach of an} covenant. term. condition. or agreement in this Contract to be kept and performed b} Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent ount} from declaring a default for any succeeding breach either of the same covenant. term. condition. or agreement or another. All remedies afforded in this Contract shall be taken and construed as cumulative, that is. in addition to e\ er} other remedy ided herein or b} hm. ARTICLE 34 - ORIGINALS: This document shall be e\ecuted in no less than n. p- ctteit mi \xiLiLiI bL? til] original. IN WITNESS WHEREOF. the parties have caused this instrument to be executed by their duly authorized representatives. Broad Spectrum Consulting Governmen . Cha C. uazrDBA Br mad 3 "ctrum Interim Count} Manager It i m, Print Name and title Date: Date: 2324? ?1 Contractor's Taxation and Re? enue Department ID \umber: 5 83 7 The follouing \ttachments and [\ddenda hate been ret ed and approx ed b} the ount} ontract Of?cer or apprm ed designee: i Document \lame Appr?led Comments \?otcs I _\ttachment - S_cope_of Work i . Required all Contracts . Citeshmse?; ?3132? nit?sojcv I [Esseirc??sgmm Lhtuchmetlt - ontribution Disclosure Required all Contracts "\_tt_aehment Related Part} Disclosure Required all Contracts I \ttachment E. - Dehannent Certi?cationd all Contracts? ?4 \ttachment_i~ - \tm Collusion \??rdaxit I Required all ("ontracts \ttuchment - Insurance 1 B) -\ttachment -- I. Business! icensensu . l. Required 3. Professional Licenses I 2. Required Licensed Protessimals 3. Staff Resumes 1. Required allcontracts . . Procurement \lethod L, Purchasing Dept. Determines LAttachmentJ - Other Purchasing Dept. Determines Section I Sen ices and Goods Contract and Brand \ft'gij Page 7 of"! Film: Rt Imwr Dub A BROAD SPECTRUM CONSULTING CHARLIE MRQUEZ INSURANCE, SCOPE OF SERVICES, ADDITIONAL AGREEMENTS I. INSURANCE: None II. SCOPE OF SERVICES: A. State Lobbyist for Dona Ana County Government Describe WHAT is being procured. Contractor Will provide political consulting services in matters of interest to County, in the State of New Mexico including, but not limited to, the following activities: 1. 13-0054 Marquez Section II Lobbying Services Assist the County in identifying sources and acquiring ?mding for de?ned projects. This includes but is not limited to: a. Developing a list of funding sources for County projects. b. Identifying funding source committee(s) at the State level. 0. Rating and Ranking each project request and coordinating activities with NM Legislators and associates. (1. Providing strategic advice to County on any initiatives that the County wants to undertake at the State level including assistance with strategy development, communications and coalition building activities. Appropriately represent the County?s interests during all communications, including but not limited to communications with: a. Members and staff of the legislative and executive branches of the State of New Mexico. b. Various professional associations, organizations and individuals that have potential to bene?t and or support the funding priorities of the County. Develop and implement a written lobbying campaign strategy based on the County?s identi?ed needs for ?mding, including, but not limited to: a. Infrastructure development and capital improvements; b. Educating the Legislature on County needs and serving as a liaison between the County and NM State representatives; 0. Conducting the lobbying campaign in a manner that maximizes the County?s award of ?mding for its targeted projects. Maintain a. Required current registrations and follow all applicable laws and regulations for Lobbyists. b. Absolute con?dentiality concerning County requests as directed by the BOCC, County Manager or his designee(s). 0. Ability and availability to respond to County inquiries within twenty-four (24) hours. The highest degree of professionalism and effort, in all activities, on behalf of County interests Page 1 of 25 B. Explain WHY you are procuring this service or item. 1. Services provided will assure the County maximizes its exposure and opportunities to acquire support and funding and support ?om State legislators, professional associations and individuals, etc. for identi?ed priorities and projects in Dona Ana County 2. Staff does not possess the time or expertise to provide these services. 3. Services seek to address BOCC goals to improve legislative education and awareness of County needs and priorities at the State level and secure ?mding to support those needs and priorities. C. WHEN do you expect the services or items to be delivered? 1. Within 45 days of contract execution, present a PRELIMINARY written and oral proposal of lobbying plans to the Assistant County Manager, to include meetings with designated staff, to a. Analyze and assess current and future priorities for appropriateness for lobbying services. b. Develop a short and long range strategy for optimum success in acquiring funding for targeted projects. c. Present a realistic assessment, of which projects are best suited to funding requests through the legislative process, d. Identify non-legislative funding avenues CDBG, Trust Funds, NMED, etc.) that would be more appropriate for certain funding priorities. e. Develop targeted lobbying plan to address funding needs through known source committees f. List those groups and/or committees favorably disposed to certain types of projects and potential for acquisition of funds through the lobbying process. 2. Not later than December 1, 2013, present a comprehensive written report to the Assistance County Manager outlining the following items a. A listing of names, dates, discussion topics, objectives, outcomes, and assigned follow-up activities of meetings with designated staff and potential Legislative and non-legislative funding sources. b. A detailed listing of County projects recommended for legislative ?mding lobbying services, including targeted legislative committees, and why. 0. A detailed listing of County projects recommended for non-legislative funding opportunities, including listing of potential non-legislative sources for lobbying efforts. d. A proposed prioritization and activity timeline for all lobbyist activities for the following 6 months including speci?c activities with both legislative and non legislative ?mding committees and groups. 3. Not later than June @1014, present a comprehensive oral and written report to 13-0054 Marquez Section 11 Lobbying Services the Assistant County Manager outlining a. Lobbying activities for the past 12 months, by: County Project, potential or actual funding commitments (legislative and non-legislative) for current and future years, dollar amounts, barriers to successful funding and Page 2 of 25 County personnel resources and support needed to continue efforts. Proposed activities for the next 12 months (assuming contract renewal) including Legislative and non-legislative funding sources and which County projects are targeted for speci?c sources of funds. Make adjustments to, ?nalize the written proposal and submit to the Assistant County Manager not later than June 30th, 2014. 4. Annually, provide an updated report and itemization for each of the items identi?ed in #1 and above. 5. Perform other activities as agreed by the Parties, including development of updated Scope(s) of Work for contract renewals. D. HOW are you oing to know that you received what you asked for in above? Item Reference Measurements of Attainment Due Date(s) 1. 45 Day Post Execution Meeting 1.a. Meeting conducted with ACM and items La. 45 days post C.1. a f. on page 3 are discussed and reviewed. 1.b. Written minutes received from Contractor contract execution 1b. 60 days post listing items above and outcomes, contract directives and agreements for each. execution 2. Dec. 1, 2013 Report 2.a. Written report of above analysis and research 2.a. Not Later and Plan that details each of the items in C. 2. Than 12/1/13 on page 3 which include: - List of meetings and outcomes - County Projects recommended for Legislative funding lobbying efforts - County Projects recommended for Non- Legislative funding lobbying efforts. 2.b. Listing of proposed lobbying activities for 2.b. Not Later next 6 months at legislative and non? Than 12/1/13 legislative levels including and names, estimated dates, topics and proposed outcomes. 3. June 15, 2014 Report 3.a. Written report of all details listed in item Q. 3.a. Not Later and Plan on page 3 organized in logical groupings Than 6/15/14 and sequence to project lobbying strategy and its successes and challenges 3.b. Written report of all details listed in item 3.b. Not Later it); on page 3 organized in logical groupings Than 6/ 15/14 and sequence to project lobbying strategy for the next 12 month period for both legislative and non-legislative opportunities 13-0054 Marquez Section II Lobbying Services Page 3 of 25 E. HOW will you determine that WHAT ygmceived in responded to the reasons this contract was initiated as detailed in - 1. Name the sta? positions that will conduct the evaluation of this contract? Evaluation will be conducted by the Assistant County Manager. 2. When will the evaluation commence? Be completed? Dates? Formal Evaluation will be conducted pursuant to each of the reporting period listed above and subsequent to the annual Legislative process. 3. How will evaluation recommendations be compiled? Distributed? Written evaluation recommendations will be provided to the Contractor at least once annually, not later than October 15?. (This section is used to specify Purchasing approved modi?cations to clauses in Section I or other items approved for the contract). A. 13-0054 Marquez Section II Lobbying Services Contractor agrees to accept ACH (Automated Clearing House) payments for invoices submitted and approved by the County and will complete and submit any required documents to implement the ACH process. In accordance with NMSA 13?1-129 of Procurement Code, Offerors are hereby noti?ed that other government entities within the State of New Mexico, or as otherwise allowed by their respective governing directives, may contract for the goods or services included in this procurement document with the awarded contractor. Contractual engagements accomplished under this provision shall be solely between the awarded vendor and the contracting government entity with no obligation by Dona Ana County. Pre?existing or Proprietary Information: Notwithstanding any other provision of this Agreement between the Contractor and the County or any provision of the scope of work, work assignments, work authorizations, or any amendment issued hereunder, all of the Contractor?s pre-existing or proprietary information, documents, materials, computer programs, or software developed by the Contractor outside of this Agreement shall remain the exclusive property of Contractor. Standard of Care: 1. Contractor shall perform all of the provisions of this Agreement with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under the same or similar circumstances. The County shall base its determination of the Contractor?s ful?llment of the scope of the work in accordance with accepted professional consulting standards. 2. Contractor shall be responsible for the accuracy of its professional services under this Agreement and shall make revisions or corrections resulting from its errors, omissions, or negligent acts without additional compensation. The County?s acceptance of any of Contractor?s professional services shall not relieve Contractor of its responsibility to subsequently correct any such errors or omissions. 3. County shall provide written notice to the Contractor of any errors and/or omissions and Contractor shall provide a written response with a plan of action to Page 4 of 25 address the error or omission within 24 hours. County shall, in turn, accept the plan of action or provide further direction to the Contractor for acceptable remedy of the error or omission. E. Non-Waiver of Rights: No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no customer or practice of the parties at variance with the terms hereof, not any payment under this Agreement shall constitute a waiver of either party?s right to demand exact compliance with the terms hereof. F. Con?ict of Interest: In the event the County determines the Contractor is representing another client on an issue that presents a potential con?ict of interest, County will notify the Contractor in writing of the perceived con?ict of interest. Upon such noti?cation, the Contractor will propose a remedy or remedies to resolve the identi?ed con?ict. In the event the proposed remedy or remedies are not acceptable to the County: 1) the Contractor \jj? immediately terminate its contract with the other client perceived to have a con?icting relationship, or 2) the County m_ay immediately cancel its contract with the Contractor. If the Contractor perceives a potential con?ict of interest, the Contractor shall immediately notify the County and request direction. G. Additional Agreements: Any additional agreements, not included in this document, will be agreed to by written amendment executed by all parties. 13-0054 Marquez Section II Lobbying Services Page 5 of 25 II. B. 13-0054 Marquez Section 11 Lobbying Services ATTACHMENT BROAD SPECTRUM CONSULTING CHARLIE TOTAL COST, PAYMENTS, UNIT VALUE OF SERVICE OR GOODS TOTAL CONTRACT NOT TO EXCEED 46,000, armually, plus GRT. PAYMENT SCHEDULE Payments will be made in accordance with Article 5 Section I of this Agreement. Year One of this contract is for 10 months and will be paid at $4,300 per month, NTE $43,000. Upon contract renewal, Year Two through Year Four fees will be paid in equal installments of $3,750, plus GRT and approved expenses upon Contractor invoice submission and County Manager approval. Expenses incurred, for each year of the contract will be itemized and billed as separate expenses, with prior written approval, not to exceed $1,000 per annum. Any approved expenses will be in compliance with the policies of the County Finance Department. COST PER UNIT OF SERVICE OR PROCURED: COMPLETE THE INFORMATION FOR EACH SERVICE I ITEM TO BE PROVIDED BY THE CONTRACTOR: Service Description Unit Value of Service Units of Service Total Annual Value (List each Service) to Be Provided 1. Lobbying Services Years 2 4, 12 months 5 45,000 within State of New Fixed fee of $3,750 Mexico per month Note: Year 1 is a 10 Year 1 10 Months month contract at For $43,000 total $4,300 I month 2. Approved Per County policy As approved in writing NTE $1,000 per Expenses annum TOTAL VALUE 46,000 JUSTIFICATION FOR UNIT VALUE OF SERVICE CALCULATIONS. Service Description (List each Service) Justi?cation for Unit of Service Valuation 1. Lobbying Services 1. Pursuant to County RFP 13-0054 Page 6 of25 ATTACHMENT CAMPAIGN CONTRIBUTION DISCLOSURE CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to the Procurement Code, Sections 134-28, we NMSA l978 and NMSA l978, 13-l-l9l.l (2006), as amended by Laws of 2902, 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 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 official 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 13-1481 NMSA 1918 or a contract that is executed may be rati?ed or terminated pursuant to Section 13-1482 NMSA 1978 of the Procurement Code if: I) a prospective contractor, at 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 pcndency of the procurement process or 2) a prospective connector 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, ifnny, for which disclosure is required by a proSpectivc 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 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 of the contract for which the prospective contractor is submitting a competitive scaled proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed com petitivc proposal. "Campaign Contribution? means a gilt, subscription, loan, advance or deposit ofmoncy or other thing of value, including the estimated value of an in?kind contribution, that is made to or received by an applicable public official or any person authorized to raise, collect or expend contributions on that 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 cammign, but does not include the value of services provided without compensation or unreimburscd 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 mom her? means spouse, father, mother, child, father-in-Iaw, mother-in-law, daughter?in?Inw or son-in- law of a prospective contractor, if the prospective contractor is a natural person; or an owner of a prospective contractor. ?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. 13-0054 Marquez Section II Lobbying Services Page 7 of 25 ?Prospective contractor? means a person or business that is subject to the competitive scaled proposal process set ?rth in the Procurement Code or is not required to submit a competitive sealed proposal because that person or business quali?es fora 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 0f?cial(s) ifany: the corrupt Board ofCounm Commissioners (Completed by State Agency or Local Public Body) OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR: Contribution Made By: Relation to Prospective Contractor: Date Contribution(s) Made: Amount(s) of Contribution(s) Nature of Contri butioo(s) Purpose of Cono'ibution(s) (Attach extra pages if necessary) Signature Date (position) 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. May 8, 2013 Ignatun: Date Owner Titlc (Position) 13-0054 Marquez Section 11- Lobbying Services Page 8 of 25 ATTACHMENT RELATED PARTY DISCLOSURE 1. Are you indebted to or have a receivable from any member ot?the Board of County Commissioners; elected county of?cials, administration o?icials, department heads, and key management supervisors with the County of Dona Anaany of?cer ol?yonr company related to any member of the Board of County Commissioners; elected county of?ciatis, administration of?cials. department heads, key management supervisors ol'titc County of Dona Ana and have you had any of the Following. to which Dona Ana County was, is to be, a party" Yes No Sales, Purchase or leasing of property Receiving. furnishing of goods, services or facilities? Commissions or royalty payments 3. Does any member of the Board of County Commissioners; elected county of?cials, administration officials. department heads, key management supervisors with the Count) Ana, have any ?nancial interest in your company whether a sole proprietorship. partnership, or corporation of any kind that currently conducts business nith the Count) of Dona Ana? Yes_ No 4. Did you. your company, or any of?cer of your company have an interest in or signature authority over a bank account for the benefit ofa member ofthe Board of County Commissioners; elected county of?cials, administration officials, department heads. key management supervisors with the County of? Do?a Ana" Yes No 5. Are you negotiating to employ or do you currently employ any employee, of?cer or family member ot'un employee or of?cer of County of Doha Ana? Yes No 3 he answers to the foregoing questions are correctl 'stated to th . of my knowledge and belief. (Print Name and Title): Charlie marquez I Owner Signature of Owner or Company President: 13?0054 Marquez Section II Lobbying Services Page 9 of 25 ATTACHMENT DEBARMENT CERTIFICATION Offeror certi?es to the best of its knowledge and belief that it and its principals: I. Are not presently debarrcd. suspended. proposed for declared ineligible. or voluntarily excluded l?rom covered transactions by any Federal department or agenc); Have not within a three year period preceding this proposal been convicted of, had a civil judgment rendered against them for commission of fraud or a. criminal offense in connection with obtaining, attempting to obtain. or performing a public (Federal, State. or local) transaction or contract under a public transaction: violation of Federal or State Antitrust statutes or commission nl'cmbezzlement, theft, forgery, bribery. falsi?cation or destruction ot'records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State. or local) with commission ol?any o??enses: and 4. Have not within a three?year period preceding this applicationlproposal had one or more public transaction (Federal. State. or local) terminated for cause or default. i understand that a false statement on this certi?cation may be ground for rejection of this proposal or termination of the award. Under ISUSC Sec. too i a false statement may result in a ?ne of up to $10,000 or imprisonment for up to 5 years. or both. Charlie Marquez I Owner 7% May 8, 2013 Typed Name in Title of Authorized Representative Signature of Authoriz?ike?re?nlativo Date 13?0054 Marquez Section II Lobbying Services Page 10 of 25 ATTACHNIENT STATE lt'D 3 County onj?ttigy?; (name) being ?rst duty swam, dcposes and say. that liefsbe is (title) ot?torsaniwionL, Beggiigguixmgegog rd 999; Rs who submits herewith to the County of Dona Ana. a proposal: That all statements of fact in such proposal are true: That said proposal Was not made in the interest of or on behalf ot?any undisclosed person, partnership, company. association. orgnitimtion or corporation; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the County of Dona Ana, or ot?any bidder of anyone else interested in the proposed contract; and Further, That prior to the public opening and reading or proposal, said bidder: t. Did not directly or indirectly. induce or solicit anyone else to submit a false or sham proposal 2. Did not directly or indirectly collude. conspire, or agree with anyone else that said bidder or anyone else would submit a false or sham proposal. or that anyone should reti?ain from bidding or withdraw his proposals; Did not in any manner. directly or indirectly. seek by agreement. communication or conference with anyone to raise or ?x the proposal price of said bidder or of anyone else. or to raise or ?x any OVerhead, pro?t or cost element of their proposal price, or of that of anyone else; 4. Did not directly or indirectly. submit his proposed price or any breakdown thereof, or the contest thereof. or divulge information or date relative thereto, to any corporation, partnership, company. association organization. bid depository or to any member 0r agent thereof, or to any individuat of group of individuals, except that County of Doila Ana, or to any person or persons who have a partnership or other financial interests with said bidder in his business. . In Title .W SUBSCRIBED and ?pro ?rem this &_day ??20 . Notary Public: m" My Commission Expires: ornemscn. cm a 3. new rustic-3mg I 13-0054 Marquez Section II Lobbying Services Page 1] of 25 ATTACHNIENT INSURANCE CERTIFICATES (Attach certi?cates, as required behind this page) See Attachment A. I. for requirements NONE, cw 13-0054 Marquez Section II Lobbying Services Page 12 of 25 Attach Copies of the following items, as applicable pursuant to the Contractor?s Profession and Scope of Work, behind this page: 1. Current Business License 2. Key Staff Curricula Vitae Resumes 3. Professional Registrations 4. Professional Licenses 13-0054 Marquez Section II - Lobbying Services Page 13 of 25 Official Business Registration January '17, 2013 Date Issued: BROAD SPECTRUM GVMT Exp?rann Date: January 2014 7229 HAPSBURG RD NE License No: 12-00011529 Business Type: HOME. 060 - RIO RANCHO NM 37144 PERSONAL NOT CLASSIFIED City of Vision City of Rio Rancho Of?ce of the City Clerk 3200 Civic Center Circie NE, Suite 150 City Ole Rio Rancho. NM 87144 (505) 891-5004 IN CONSPICUOUS LOAION 13-0054 Marquez Section II - Lobbying Services Page 14 of 25 Charlie G. Marquez 7229 Hapshurg Road ILE. Rio Rancho, NM 37144 Office (505) 771-3850 Fax (505) 771-3851 cell (505) 263-2032 E-Mail: charliemarquez?msmcom EMPLOYMENT Founder, Broad Spectrum Consulting and Government Affairs MOI?Present Lead lobbyist for Qwest Incorporated in the state of New Mexico. Extensive understanding of corporate policy matters. Understanding of the legislative process. Long-standing relationships with the legislative body, Governor?s cabinet. and the Governor. 0 Represented the following clients during New Mexico Legislative Sessions (2002-present): - Aocomplislunents speci?c to Do?a Ana County (see pg. 8) 2013 Represented the following clients during the 2013 legislative session: 1) County ofDona Ana (Capital Outlay focus and policy issues.) 2) Lilly USA (Phannaceutical) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding for research and development through New Mexico State University) 5) Desert States Physical Therapy Network (initiatives affecting Physical Therapist facilities throughout New Mexico) w" 6) Public Employee Retirement Association (PERA) Initiatives affecting public employee retirement fund solvency 7) Alliance of Automobile Manufacturers (Initiatives regarding mandates for auto dealers and implications to manufacturers and general business issues) 8) LS Power (Electric Transmission infrastructure provider) 9) Society of Diagnostic Medical Sonographers (issues regarding scope of practice for medical ultrasound) 2012 - Represented the following clients during the 2m 2 legislative session: 13-0054 Marquez Section Lobbying Services Page 15 of 25 1) County of Dona Ana (Capital Outlay focus and policy issues.) 2) Lilly USA (Pharmaceutical) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding for research and development through New Mexico State University) 5) Desert States Physical Therapy Network (Initiatives affecting Physical Therapist facilities throughout New Mexico) Public Employee Retirement Association (PERA) Initiatives affecting public employee retirement fund solvency 7) Alliance of Automobile Manufacturers (Initiatives regarding mandates for auto dealers and implications to manufacturers and general business issues) 2011 a Represented the following clients during the 2011 legislative session: 1) County of Dona Ana (Capital Outlay focus and policy issues.) 2) Lilly USA (Pharmaceutical) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding for research and deveIOpment through New Mexico State University) 5) Desert States Physical Therapy Network (Initiatives affecting Physical Therapist facilities throughout New Mexico) 6) Public Employee Retirement Association (P ERA) Initiatives affecting public employee retirement fund solvency 7) Alliance of Automobile Manufacturers (Initiatives regarding mandates for auto dealers and implications to manufacturers and general business issues) 2010 Represented the following clients during the 2010 legislative session: 1) County of Dona Ana (Capital Outlay focus and policy issues.) 2) Lilly USA (Pharmaceutical) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding for research and development through New Mexico State University) 5) Desert States Physical Therapy Network (Initiatives affecting Physical 'l?herapist facilities throughout New Mexico) 6) Public Employee Retirement Association (PERA) Initiatives affecting public employee retirement fund solvency 13-0054 Marquez Section II Lobbying Services Page 16 of 25 7) Alliance of Automobile Manufacturers (Initiatives regarding mandates for auto dealers and implications to manufacturers and general business issues) 2009 a Represented the following clients during the 2009 legislative session: 1) County of Dona Ana (Capital Outlay focus and policy issues.) 2) Eli Lilly and Company (Pharmaceutical) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding ?for research and development through New Mexico State University) 5) New Mexico Museum of Military History (Funding for WWII Museum in Rio Rancho) 6) Reynolds American Inc. (Tobacco industry for policy and taxing initiatives) 2008 - Represented the following clients during the 2008 legislative session: 1) County of Dona Ana (Capital Outlay focus and policy issues) 2) Eli Lilly and Company (Pharmaceutics!) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding for research and development through New Mexico State University) S) Reynolds American Inc. (Tobacco industry for policy and taxing initiatives) 6) New Mexico Museum of Military History (Capital Outlay focus) 2007 Represented the following clients during the 2007 legislative session: 1) County of Dona Ana (Capital Outlay focus and policy issues) 2) Eli Lilly and Company (Pharmaceutical) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding for research and development through No? Mexico State University) S) Reynolds American Inc. (Tobacco industry for policy and taxing initiatives) 6) Community Financial Services Association of America (CFSA This company was a Pay Day Lending institution) 2006 13-0054 Marquez Section II Lobbying Services Page 17 of 25 0 Represented the following clients during the 2006 legislative session: 1) County of Dona Ana (Capital Outlay focus and policy issues) 2) Eli Lilly and Company (Pharmaceutical) 3) New Mexico Health Care Association (Nursing Home initiatives) 4) New Mexico Chile Association (Agricultural initiatives including funding for research and development through New Mexico State University) 5) Subcontractor for Conwood LLP (Tobacco industry for policy and taxing initiatives) Primary Lobbyist for this contract was the Barnett Law Firm. 6) Village of Corrales (Capital Outlay Focus and policy issues) 7) Quest Inc. (Telecommunications) 8) Select Management Resources (Loan Max Car title Loan) 9) Bueno Foods (Chile Processing Company) 10) New Mexico Exchange Carrier Group (Telecommunications). This was a short term contract for a speci?c initiative, which was ultimately passed and signed by the Governor. 1)Subcontracted to represent the City of Rio Rancho for a single initiative. (The primary lobbyist was con?icted out on an issue and hired me to assist with the initiative which was completed successfully.) 2005 Represented the following clients during the 2005 legislative session: 1) Qwest Inc.(Te1ecommunications) 2) Eli Lilly and Company (Pharmaceutical) 3) New Mexico Health Care Association (Nursing Home issues), New Mexico Mortgage lending Association (Mortgage Lending issues) 4) County of Dona Ana (Capital Outlay locus and policy issues) 5) Village ofCorrales (Capital Outlay focus and policy initiatives). 6) New Mexico mortgage Lending Association (Association of Mortgage Lending organizations throughout New Mexico) 2002 - 2004 - Started up a private lobbying ?rm: Broad Spectrum Consulting and Government Affairs - Attained lobbying contracts and represented: 4 I) integrity Networking stems (computing ?rm) 2) Wal-Mart (Assisted with initiatives for proposed new sites, mostly municipal lobbying) 13-0054 Marquez Section 11 Lobbying Services Page 18 of 25 3) Rio Rancho (issue regarding funding of arenas in municipalities) 4) Eli Lilly.r and Company (phannaceutical company! issues regarding Medicaid) 5) New Mexico Healthcare Association he Association represents approximately 80 nursing facilities across New Mexico) 6) Village of Corrales (Capital outlay focus and policy issues) 7) Qwest Communications ('l?elecommunications issues covering regulation and legislative matters) Qwest Communications Corporation Employed 31 years retired June 27. 2004 1997 2004 Manager Policy and Law 0 Lead e?'orts to drive out company policy positions 0 Directed 4 8 contract lobbyists in determining strategies for legislation affecting Qwest Communications. Successfully stopped all legislation with negative impacts to chst. Passed what has been assessed as one of the most controversial pieces of legislation in the last decade in the 1999 legislative session. 1973 1997 a Managed various organizations including Outside operations. Accounting, Business of?ce, Collections and Information Technologies as Technology Strategist for all computing needs company wide. Bachelor of Arts Science - Business Administration 1984 liniversity of Albuquerque Minor - Data Management Graduated with Honors - Cum [aude Additional Skills: Bilingual (English/Spanish) 13-0054 Marquez Section II Lobbying Services Page 19 of 25 ATTACHMENT I ATTACH PROCUREMENT DOCUNIENTATION Check One Professional Service Determination (Purchasing Issues) Sole Source Determination (Purchasing Issues) Written Quotes (Department Provides) RFP (See Page 1 Section 1) Bid (See Page 1, Section 1) Other (Specify and attach documentation such as GSA Contract, CES, WSCA, etc.) 13-0054 Marquez Section II Lobbying Services Page 20 of 25 ATTACHMENT - OTHER The following are excerpts from the Contractor?s response to RFP 13-0054, which, together with the RFP, is incorporated by reference into this contract. 13?0054 Marquez Section II Lobbying Services Page 2] of 25 Scope of Consulting Services Broad Spectrum Consulting and Government A?airs will provide political consulting only, in matters of interest to the County of Do?a Ana in the State of New Mexico. Broad Spectrum Consulting and Government A?'airs will appropriately represent the County of Do?a Ana?s interests during communications with members and staff of the legislative and executive branches of the State of New Mexico. A. Assist the County of Do?a Ana in identifying sources of funding. Broad Spectrum Consulting and Government A?or?rs will work with the New Mexico Finance Authority, Legislative Finance Committee, Interim Taxation and Revenue Committee, State Department of Transportation, and other agencies as they are identi?ed. Depending on project nature, appropriate agencies will be identi?ed and meetings coordinated with individuals within said agency. Broad Spectrum Consulting and Government A?airs will attend agency and Legislative interim meetings as they pertain to the County of Dona Ana?s projects and priorities. B. Develop a lobbying campaign based on Do?a Ana County?s identi?ed needs for funding in the areas of, but not limited to, infrastructure development and capital improvements with particular emphasis on funding for the activities suggested by County administration. Broad Spectrum Consulting and Government Ajfairs will work closely with the Dona Ana County administration on strategically setting funding priorities particularly for County infrastructure development and capital improvement projects. In addition, Broad Spectrum will provide strategic advice, direction, make recommendations, and inform the County of Do?a Ana on policy issues which could impact the County, and work with the County on remedying any potential issues. 13-0054 Marquez Section II Lobbying Services Page 22 of 25 C. Tailor the campaign to educate the Legislature about the County?s needs and promote Do?a Ana County. Act as a liaison between the County and the New Mexico State Legislature. Broad Spectrum Consulting and Government Af?zirs will communicate directly with the New Mexico Legislature, state elected officials, governmental entities, including the Governor and executive staff, to insure the needs of Do?a Ana County are addressed. Broad Specn'um. will promote Do?a Ana County with attendance at all Legislative committee meetings, interim meetings, and other hearings pertinent to Do?a Ana County. D. The lobbying campaign must take into strong consideration the competitive nature of funds being sought in the Legislature and it must be persuasive enough to have a reasonable chance of success. Broad Spectrum Consulting and Government A ?air-s will appropriately represent the County of Dona Ana?s interests during communications with members and staff of the legislative and executive branches of the State of New Mexico. With over 15 years of experience in consulting and governmental relations in the State ofNew Mexico, particularly navigating within the New Mexico Legislature, Broad Spectrum has built a strong reputation for getting projects completed to the satisfaction of our clients. E. The Lobbyist will work closely with the Doiia Ana County Board of Commissioners, the County Manager?s Office, and other of?ces as designated to deveIOp and produce a long range campaign. Broad Spectrum Consulting and Government A ?brils will communicate with the Delta Ana County Board of Commissioners, County Manager, various members of County staff or other County Departments as requested. Broad Spectrum will provide strategic advice to County of Dona Ana on any initiatives that County of Do?a Ana wants to undertake in the State. Such services would include assisting with strategy development, communications, and coalition building activities. 13-0054 Marquez Section II Lobbying Services Page 23 of 25 F. The Lobbyist will provide a strategy to insure that Doiia Ana County receives the maximum amount of funding per request after the rating and ranking. Broad Space-um will assist the County of Dona Ana in coordinating support as requested by the County. With over 15 years of experience in consulting and governmental relations in the State of New Mexico, particularly navigating within the New Mexico Legislature, Broad Spec?'um has built a strong reputation for getting projects completed to the satisfaction of our clients. Broad Spectrum will utilize its best efforts on behalf of the County of Dona Ana?s interests. In this capacity, Broad Spectrum will be acting as an independent contractor and n_ot as an employee of the County of Dona Ana. G. The Lobbyist will be registered in the State of New Mexico and will follow all applicable laws and regulations governing Lobbyists. Broad Spectrum is currently and has always been registered as a Lobbying entity in the State of New Mexico. This can be veri?ed with the New Mexico Secretary of State?s of?ce. All applicable reports have been ?led and all applicable laws and regulations governing Lobbyists have always been adhered to. H. The Lobbyists must have demonstrated successful experienced in providing like services. With over 15 years of experience in consulting and governmental relations in the State of New Mexico, particularly navigating within the New Mexico Legislature, Broad Spectrum has built a strong reputation for getting projects completed to the satisfaction ofour clients. (Please also refer to pg. 4 for a list of current Broad Spectrum: clients). 13-0054 Marquez Section II Lobbying Services Page 24 of 25 I. The Lobbyist must maintain absolute con?dentiality concerning requests as indicated by Doiia Ana County of?cials. Broad Spectrum upholds the highest of ethical standards, up to and including absolute con?dentiality, and has a proven record of such with Do?a Ana County. J. The Lobbyist will respond to inquiries within twenty-four (24) hours. Broad Spectrum has a proven record of responding to inquiries or requests from various representatives of Do?a Ana County in a thoughtful and con?dential manner. This was demonstrated during the 2013 Legislative Session. The local government division within the Department of Finance Authority (DEA) developed a questionnaire for Capital Outlay Requests. Broad Spectrum was quick to notify County of?cials of the new form and process, This required quick action, with a response time of less than 24 hours, to achieve the desired outcome and minimize risk to funding for County projects. 13-0054 Marquez Section II Lobbying Services Page 25 of 25 Contract No. 14-079 Renewal of Contract Between Do?a Ana County And Broad Spectrum Consulting Pursuant to terms of the Contract?s PERIOD OF PERFORMANCE and renewals thereto, it is mutually agreed by and between Dona Ana County and Broad Spectrum Consulting, that Contract No. 14-079 shall be extended for an additional period. The parties hereto agree that the original agreement shall be extended from July 1, 2014 through June 30, 20.15. All terms and conditions of the original agreement and subSequent renewals and amendments, not inconsistent herewith shall remain in full force. This agreement shall be effective when signed by both parties below or in counterpart, and photocopy, facsimile, electronic or other copies shall have the same effect for all purposes as an ink-signed original. Dona Ana Cou Broad Spectrum?Consulting . Juli?a Brown, County Manager Signature of Authorized Representative Chartie Marquez/Owner Print Name Title Date L4 Date May 2, 2014 Contractor Insurance Certi?cation (check one and Sign below): In renewing this Contract, the Contractor is required to review contract insurance clauses and provide current insurance certi?cate(s) to Doha Ana County, as specified Contractor must complete and Sign the certi?cation below and attach insurance certi?cates, as applicable, for the Cauiity to execute this renewal document. Current insurance certi?cate(s) required for this contract are attached. I have reviewed the contract and there are no insurance requirements. Contractor Signature: 21 Date; May 2, 2014 r/ 4/