Ma or Jackie McKinney Daniel Fl. Dible, City Maria er 9 CelinCiior Linda Garcia, District 1 George CW Attorney GA I I Councilor Allan Landavazo. District 2 Couneilor Yogash Kumar, District 3 Councilor Cecil E. Garcia. District 4 January 17, 2014 HAND DELIVERED Ms. Michelle Green McKinley County Manager's Of?ce 207 West Hill Avenue Gallup, New Mexico 87301 Re: MOA Between the City of Gallup and McKinley County Lobbying Services for 2014 New Mexico Legislature Dear Michelle: Please ?nd enclosed one original of the subject document that has been executed by the City of Gallup. Thank you very much. Sincerely Alfr Abeita City Clerk Enclosure cc: Marla Chavez, City Manager?s Of?ce 1 10 West Aztec Avenue - Gallup. New Mexico 87301 0 phone 505.863.1220 0 fax 505.722.5134 web Memorandum of Agreement Between The City of Gallup and McKinley County General Provisions: WHEREAS, the New Mexico legislature is meeting in a thirty (30) day session starting mid- January; and WHEREAS, the City of Gallup ?City? and the County of McKinley ?County? believe that there are critical and vital iSSUes that will be taken up this legislative session that will affect all of our citizens; and WHEREAS, all parties believe it is in the area citizens best interest to hire a lobbyist to put forward and work for the City and the County on these issues; and WHEREAS, the parties to this Memorandum of Agreement (?Agreement?) ?nd a need to coordinate efforts to enact and/or change legislation that will cause great harm to the area citizens if not resolved in a manner favorable to City and County. NOW THEREFORE IT IS AGREED AS FOLLOWS: 1. Partners to the Agreement: This Agreement establishes a partnership the City of Gallup and McKinley County. 2. Purpose of the Partnership: The purpose of the partnership is to provide ?nancial resources to engage lobbying efforts to try and reverse the harmful effect of what is commonly known as House Bill 641 (the phase out of local government ?hold-harmless?) passed in the 2013 legislature and also the issues regarding sole community provider gross receipts tax issues dealing with payments for operation of the local hospital. 3. Funding: City and County will each pay half of the services for a lobbyist to put forth the City and County?s position on the matters raised in paragraph 3 above. The total amount to be paid by the City and County for the services of a lobbyist on these two issues will not exceed $20,000 each. 4. Payment: County will make payment to the lobbyist hired, and City will reimburse County for one- half of the amounts expended by the County, upon invoicing from the County. 5 Duration of Agreement: This MOA herein entered into between the City and the County shall become effective immediately upon delivery and execution of this Agreement by all parties, and shall continue through the end of March, 2014. 6. Notices and Payment: Any notice or payment required or permitted to be given hereunder shall be deemed given upon the earlier of actual receipt by the other party or three (3) days after deposit into the United States Postal Service, postage prepaid, certi?ed or registered mail, addressed to: If to Gallup: City Manager City of Gallup PO. Box 1270-1270 Gallup, NM 87305 If to County: County Manager County of McKinley 207 West Hill St. Gallup, NM 87301 Wherefore for the parties hereto agree to the terms of the Memorandum of Agreement this I 0 Jib-day ofJanuary, 2014. THE CITY OF GALLUP COUNTY a?g Jackie McKinney, Mayo beit'a, STATE OF NEW MEXICO OFFICE OF THE SECRETARY OF STATE DURAN Bureau of Elections, Ethics Administration 325 Don Gaspar, Suite 300, Santa Fe, New Mexico 87501 Phone: (505) 827-3600 Toll-Free: (800) 477?3632 Fax: (505) 827-4954 2014 Lobbyist Authorization Form NMSA 1978) This form must be completed as provided and signed by the employer, agent or authorized representative. A separate completed Autlmrization Form must be submitted for each employer. Hithafd (3- is hereby authorized to lobby on behalf of: Full Name of Lobbyist COLA ?177 Name of Employer (Individual, Group, Organization, Business or other Entity) mg no. mm NM 373:? ?star/m Permanent Business Address Telephone 1. The sources of funds to be used for lobbying include (eg. membership dues, corporate funds, or if none, write ?None?). 2. The lobbyist will will not l:l receive compensation or a salary for the purpose of lobbying (if the lobbyistwill only receive reimbursement for actual expenses you may check ?will not?). 3. The lobbyist is autlmrized to lobby in reference to the following: lied-D 5 OLA Iii/(Z 4. The person, other than the lobbyist or the employer, who will have custody of the account?s bills, receipts, books, papers and documents required to be kept, under the provisions of the Lobbyist Regulation Act: Custodian?s Name 36 Street Address Telephone Physical location of records Street Address City State Zip I hereby under the penalty of law that all the information provided is true, complete and correct to the best of my knowledge. [Exp-ace comm! MAQAEM oil/HAL) Signature of Employing Agent or Angel Representative Title Date 531mg 253 w, 863nm?, Printed Name Business Address 8 7 3 5? Telephone STATE OF NEW MEXICO OFFICE OF THE SECRETARY OF STATE DIANNA J. DURAN Bureau of Elections, Ethics Administration 325 Don Gaspar, Suite 300, Santa Fe, New Mexico 87501 Phone: (505) 827-3600 Toll-Free: (800) 477-3632 Fax: (505) 827-4954 2014 Lobbyist Authorization Form NMSA 1978) This form must be completed as provided and signed by the employer, agent or authorized representative. A separate completed Authorization Form must be submitted for each employer. Sabieann Baca is hereby authorized to lobby on behalf of: Full Name of Lobbyist Cbuuf)? Name of Employer (Individual, Group, Organization, Business or other Entity) 2? L9- MLL 363 ?Nick? Permanent Business Address Telephone 1. The sources of funds to be used for lobbying include (mg. membership dues, corporate funds, or if none, write 'None"). 2. The lobbyist will will not receive compensation or a salary for the purpose of lobbying (if the lobbyist will only receive reimbursement ibr actual expenses you may check ?will not?). 3. The lobbyist is authorized to lobby in reference to the following: HOLD [444(me JbLa? Communs??l Fluke/(A 4. The person, other than the lobbyist or the employer, who will have custody of the account? 6 bills, receipts, books, papers and documents required to be kept, under the provisions of the Lobbyist Regulation Act: Custodian'a Name Street Address Telephone Physical location of records Street Address City State Zip I hereby certify under the penalty of law that all the information provided is true, complete and correct to the best of my knowledge. 77 A (a elf/q/N Signature of Employer, Agent or Au Representative Title Date {Skuc? Reg w. LL Nos Printed Name Business Address :4 A Telephone RODEY, DICKASON, SLOAN, AKIN ROBE, P. A. amusvs AT LAW 3% 2m ?mlao smear mv. sun's moo WHEN NEW MEXICO anon mm mama no. at?: was mm: monsoon. new arms ?'2ij wow NM MLW In TELEFHONE (soc) res-Boon FAGSMLE {605) 768-7395 mans-am 119 mm traumas maammcomm MA was? January 9, 2014 Mi?? Mi mm mam-me Wool: Dan Dible, City Manager Bruce Swingle, County Manager Gallup, New Mexico McKinley County, New Mexico ddibl lu nm. ov angina RE: Engagement Letter Dear Mr. Bible and Mr. Swingle: This letter is my proposal to represent Gallup and McKinley County in the 2014 New Mexico legislature on certain issues. The object and scope of this employment will be to seek to obtain passage of legislation acceptable to both the City and County adjusting the provisions of last year?s House Bill 641 which phased out the local government ?eld-harmless? gross receipts distributions. This mptesentation will include representing you on all bills addressing this issue or relating to it, whether favorable or tmfavorable, seeking or resisting amendments and seeking passage or defeat of legislation as directed by you. I will seek to have favorable legislation signed by the Governor and unfavorable legislation vetoed. In addition, I will represent you on the issue of the sole community provider gross receipts tax payment. On this issue, my understanding is that we will be supporting the position of the New Mexico Association of Counties. If our position deviates from that of the Association of Counties, we will renegotiate this agreement. In all mattets I will take direction ?'om the two of you acting jointly. In the event of a disagreement between you on any matter, I will take no position. Not within the scope of this representation are matters unrelated to the gross receipts tax. Speci?cally not included are appropriations or capital outlay bills. Also bills on taxes other than the gross receipts tax are not included. The term of this representation will begin on the date this letter is signed and end on March 12, 2014, the last day for the Governor to sign or veto legislation. 1625037.?! RODEY, DICKASON, SLOAN, AKIN ROBE, RA. January 9, 2014 Page 2 My fee for this employment will be $35,000 plus 4% for costs plus gross receipts tax. The costs ?gure will cover all in-state costs, including in?o?ice costs such as copying, telephone, secretarial overtime, courier, etc., and in-state out-of-of?ce costs such as in?state travel and meals with legislators and other of?cials. Only out-of-statc travel, if any is necessary and authorized, will be billed separately. If the actual costs exceed the 4% ?gure, the Rodey ?rm will absorb the difference. If the actual costs are less than that ?gure, the balance will be converted to additional fee. We will bill this fee in a single installment around the end of January and payment will be due upon receipt. Although this agreement will be signed by the County and billings will be directed to the County, I will register as a lobbyist for both the City and County and act only in accordance with your joint instructions. I look forward to working with you on this matter. Thank you. Yours truly, Richard C. Minzner ACCEPTED: . Bruce Date County Manager McKinley County, New Mexico VENDOR NO. 6311 INVOICE NO. - DESCRIPTION DEPARTMENT PO NUMBER 38,850.00 03/31/2014 191547 ?101-1006 11 AP TOTAL 38,850.00 County of McKinley 207 West Hill PO BOX 70 147471 Gallup, NM 87305?0070 05/02/2014 Thirty-Eight Thousand Eight Hundred Fifty and 001100 Dollars RODEY, DICKASONI SLOAN. AKIN ROBB, P.A. PO. BOX 1888 ALBUQUERQUE. NM 87103 RODEY. DICKASON. SLOAN, AKIN ROBB, P.A. Counselors and Attorneys At Law P. O. Box 1888 Albuquerque. New Mexico 87103-1888 Telephone (505) 765-5900 Fed ID 85-0216511 March 31. 2014 -. - unnezummnaaemtr McKinley County Attn: Bruce Swingle County Manager 208 West Hill Gallup, NM 87301 18172 McKinley County RCM 71081 Lobbying Fee for legal services rendered from date of last bill to and including March 31, 2014, pursuant to agreement. STATEMENT SUMMARY THIS BILL Total Services 35,000.00 Total Disbursements 1,400.00 Servlces and Disbursements ..s 36,400.00 7.0000% New Mexico Gross Receipts Tax - A Total Cu rrent Balance .. 38,850.00 ml at ?at I (Til?"3?0 RODEY, SLOAN. AKIN 8 R083, PA. Counselors and Attorneys At Law P. O. Box 1888 Albuquerque, New Mexico 87103-1888 Telephone (505) 765?5900 Fed 10 85-02165? March 31. 2014 Invoice: 191547 McKinley County Attn: Bruce Swingle County Manager 208 West Hill Gallup NM 8?301 Re: 18172 McKinley County ROM 71081 Lobbying This statement is due upon receipt. Please call Kate Tilwick at (505) 768-7290 if you have any questions concerning this bill. When remitting payment of this invoice. please reference invoice 19154?. Sara Keeler From: Bruce Swingle Sent: Tuesday, April 29, 2014 2:33 PM To: Sara Keeler; mayor@ci.gallup.nm.us Subject: FW: Invoice Number 191547 Attachments: Cover Letter and Invoice No. 191547 dated 04.23.14.PDF Sara: Please process the attached invoice for 2014 legislative lobbying services. This is the invoice we are splitting 50/50 with the City. The agreement was that the County would pay the full amount and the City would reimburse us for half. Thank you. Bruce Swingle, County Manager Professionalism- It?s a Habit, Not an Act From: Diane Schneider Sent: Tuesday, April 29, 2014 9:08 AM To: Bruce Swingle Cc: Dick Minzner Subject: Invoice Number 191547 Good morning, Mr. Swingle. Attached is a cover letter dated April 23, 2014 and Invoice No. 191547 that I had attempted to mail last Wednesday to the address you provided on the 2014 Lobbyist Authorization Form (208 West Hill, Gallup, NM 87301). Unfortunately the envelope was returned to us "Return to Sender; No Such Number; Unable to Forward?. Please provide an address that we may use to forward mail to you. Thank you for your assistance. Best rega rds, Diane Schneider, Legal Assistant to Richard (Dick) Minzner Diane M. Schneider Legal assistant to Catherine T. Goldberg and Richard Minzner 505.768.7225 RODEY, DICKASON, SLOAN, AKIN ROBE, P. A. ATTORNEYS AT LAW ion" 2m THIRD STREET NW, SUITE 220:: Warl'??g?m 35?" mugge?hz? ALBUQUERQUE, NEW MEXICO 87102 BENTON g?s?mmL BOX 1883 g?rzgc?gg ALBUQUERQUE. new max:ch 37103 g?ms K. ROLLER WRGOTA. gm? ?Swill. "$24 ?gural: TEL 5 5 735 5900 mm?? EP newsman KEVIN .1. lawns (505) 7683395 SUNNY J. NIXON H. JEFFREY. Lm'l' SANCHEZ R. TRACY SPROULS ER HOMO 3. 5 PHEN R. was LL ALAN HALL SHANNON M. SHERRELL JULIE P. NEERKEN Ric E. 5 A. R. TERMS 353$:ng . JOCELYN c. mam BECK April I 4 Bruce Swingle, County Manager McKinley County 208 West Hill Gallup, NM 87301 RE: Invoice Number 191547 OF COUNSEL Jena 0. sons ST. mamas c.14le JO W014 own-m MORGAN cmmsa; 8mm": - mm a. JOHN H. mm; mm 9. sues-mom BERNARD a. sonar {use-1 nan Palace c. noes? tum-1m} - mm L. OWN {Inna-nu) WILLIAM 5. (1919-1991) JACKEON G. MEN (1919-2010) SANTA FE OFFICE 110 EAST MGYWEET. BANDS FE. NEWMEXICO MO. BOX 135? SANTA FE. ENHEXICO 31501-135? TELEPHONE {555) FAGSIMILE WRITERS NUMBER (505) 769-7330 Please ?nd enclosed the statement for my lobbying services. I am sorry for the delay. Yours truly, Richard C. Minzner Encl: as stated Doc?- 1697569.! ISITZWIOSI ?7?74? . . h?v? xv. COUNTY of 207 West Hill, 3rd Floor HO. Box 70 Gallup, New Mexico 87305-00.70 505-722-3868 City of Gallup Admin. Office P.O. BOX 1270 INVOICENO. Gallup, NM 87305 14?093 WE 05l06/2014 SE RETURN COPY WITH memo?; Accounts Payable Wwwill melwCity Share - 2014 Legislative Lobbying Services 03/31/2014: Bill Total 38,850.00 County Share: 60% 19,425.00 1 City Share: 40% 19,425.00 19,425.00 an 30536 Remit Payments to: McKinley County @836 5? no. Box 70 (we, 'mL mg}! ml Gallup. NM 87305 MCK. v_ Act# 101-36064 TOTAL ?logs; Contact: Jennifer Durante, Accounts Receivable (jdurante@co.mckinley.nm.us) 1_ I . 2. ?grew?afar, a. FINANCE DEPARTMENT - PINK 53mm; CITY OF GALLUP PD. BOX 1270 GALLUP, NEW MEXICO 87305 mm Cnumv 207 WEST NLL 0 i9 7 ALL NM 57305 4 er/olcz numaza mvoxcz DATE DESCRIPTION Discount AMOUNT 1.47093 05/23/2614 LOBBY FEE 19425 00 1? =0 m: mm CHECK NUMBER 206585 CHECK DAVE 05/23/2014 CHECKYOTAL