.2013000133 01/03/2013 11:24:33 am a: 41.5 p: 133 .32.;233 cm. minutiae II SANDOVAL COUNTY PROFESSIONAL LOBBYIST AGREEMENT THIS AGREEMENT made and entered into this 5] day of 2012, between Sandoval County (hereinafter referred to as the and Lawrence J. Horan, Ltd. (hereinafter referred to as the ?Lobbyist?). The parties agree as follows: 1. Scope of Services and Lobbm' t?s Responsibilities a. The COUNTY shall establish and adopt legislative policies and goals and shall inform the Lobbyist of such policies and goals. The Lobbyist shall assist the COUNTY in establishing the policies and goals, willing to offer opinion and must communicate and defend the COUNTY approved policies and goals. 13. Lobbyist will represent the COUNTY in legislative matters and issues at the New Mexico Legislature. Services include advocating for the COUNTY and positions with legislators and the Governor to ?n'ther the stated interests. c. Lobbyist will represent the COUNTY in dealings with the State of New Mexico Executive and Administrative agencies, on a limited basis, as agreed to by the parties. (1. Services provided by Lobbyist include monitoring and tracking state legislation which may affect the COUNTY, representing and lobbying on behalf of the COUNTY on legislative matters and informing the COUNTY of legislation that may affect the COUNTY. The scope of Lobbyist?s representation of the COUNTY is limited to lobbying services. e. Lobbyist?s agreement with the COUNTY will be through the County Manager or his designee on all issues related to this Agreement. Lobbyist will meet with the County Commission or individual Commissioners as needed. f. Lobbyist will brief County Commission in person, upon request. g. Lobbyist will recommend and assist the COUNTY in obtaining sponsors and co- sponsors for any COUNTY legislative bills, as well as work to obtain the support of the legislators to enhance passage of its bills. h. Lobbyist agrees to provide training and instruction regarding the legislative process for up to two (2) county employees as designated by the County Manager. i. Lobbyist will represent the COUNTY in legislative matters and issues at the New Mexico Legislature during the interim period following the conclusion of the 2013 session throughout the term of this Agreement. Lobbyist will attend interim committees as necessary and appropriate and will meet with and brief the County Manager and County Commission as necessary. 1 . Term This Agreement will be for one (1) year commencing on December 14, 2012 and will terminate "on December 13, 2013, and may be extended upon agreement of the Parties in one (1) year increments for a total of three (3) extensions, not to exceed four (4) years. . Termination This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations or liabilities already incurred for performance or for failure to perform prior to the date of termination. . Compensation The COUNTY agrees to pay an annual cost for all lobbying services of $36,000 per year plus applicable gross receipts tax and additional expenses, pursuant to this section. Payment will be made in twelve (12) equal installments. Additional expenses will be billed during the January billing cycle (for 30 day session) and February (for a 60 day session). Additional expenses incurred during the Legislative session will be paid as follows: - 60 Day Session Years 2013 and 2015 - $3,000 - 30 Day Session Years 2014 and 2016 - $1,500 The total amount due for years 2013 and 2015 is $39,000, plus applicable gross receipts tax, and years 2014 and 2016 is $37,500, plus applicable gross receipts tax. There will be no cost escalation during the proposed term plus extensions of the Agreement. . Appropriation It is expressly understood that any obligation, monetary or otherwise, shall be subject to and contingent upon the availability and sufficiency of resources for appropriations and for obligations. If suf?cient ?mds are not appropriated or suf?cient authority is not given to perform such obligations, this Agreement is subject to termination by the COUNTY. The decision as to whether sufficient appropriations are available shall be ?nal. . Status of Lobbyist The Lobbyist is an independent contractor performing services for the COUNTY. Lobbyist warrants and represents that Lobbyist will abide by all applicable laws in the performance of any services for the COUNTY as set forth herein. . Assigpment The Lobbyist shall not assign or transfer any interest in this Agreement without the written consent of the COUNTY. Subcontracting The Lobbyist shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the COUNTY. Records and Audit The Lobbyist shall maintain detailed time records, when hourly rates are applicable, which indicate the date, time and nature of the services rendered and expenses incurred. 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 and/or illegal payments. 10. Release 11. 12. 13. 14. Lobbyist, upon ?nal payment of the amount due under this Agreement, releases the COUNTY, its of?cers and employees, ?'om all liabilities, claims and obligations whatsoever arising from or under this Agreement. Lobbyist agrees not to purport to bind the COUNTY to any obligation not assumed herein by the COUNTY, unless the COUNTY has expressed written authority to do so, and then only within the strict limitations of that authority. Meyer This Agreement incorporates all of the agreements, covenants, and understandings between the parties hereto concerning the subject matter thereof. No prior agreement or understanding, verbal or otherwise, of the parties or their agents is valid or enforceable unless embodied in this Agreement. Waiver No waiver of any breach of this Agreement or any of the terms or conditions hereof shall be held to be a waiver of any other subsequent breach; nor shall any waiver be valid, alleged or binding unless the same shall be in writing and signed by the party alleged to have granted the waiver. Con?dentiality Any privileged information given to or developed by Lobbyist in the performance of this Agreement shall be kept in con?dence and shall not be made available to any individual or organizations by Lobbyist without the approval of the COUNTY. Con?ict of Interest Lobbyist warrants that Lobbyist presently has no interest that would con?ict in any manner or degree with the performance of services required on behalf of the COUNTY. In the event an issue arises in which a potential con?ict exists, Lobbyist and the 3 COUNTY will discuss the issue and determine if the con?ict can be resolved. In the event a con?ict arises and it cannot be resolved or waived, Lobbyist shall have the authority to hire an independent party to lobby the issue on behalf of the COUNTY. Cost for the additional lobbyist shall be paid by the Lobbyist. The COUNTY shall have the right to approve the hiring of an independent lobbyist and such approval shall not be unreasonably denied. 15- am The Procurement Code, NMSA 1978, sections 13-1-28 through 13-199 (1984 as amended) imposes civil and criminal penalties for its violation. In addition, the New Mexico Criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. l6. Egual Opportunig Compliance The Lobbyist shall abide all federal and state laws pertaining to equal employment opportunity. In accordance with all such laws the Lobbyist shall assure that no person in the United States shall, on the grounds of race, color, national origin, sex, sexual preference, age or handicap, be excluded from employment with or participation in or be denied the bene?ts of, or be otherwise subject to discrimination under any program or activity performed under this Agreement. If the Lobbyist is found not to be in compliance with these requirements during the life of this Agreement, the Lobbyist agrees to take appropriate steps to correct these de?ciencies. 17. Amendment This Agreement shall not be altered, changed or amended except by written agreement of the parties hereto. 18. Applicable Law This Agreement shall be governed by the laws of the State of New Mexico. 19. Multiple Countegparts This Agreement is executed in multiple counterparts, each of which is deemed to be an original for all purposes. IN WITNESS WIEREOF, the parties hereto have executed this agreement as of the day and year ?rst above written. SANDOVAL COUNTY Philip Rios, ounty Manager APPROVED ORM: PatricW'?'uj 9), County Attorney I Va. 3 _Stanly;Paditfa;L 93mg Clerk 5 I a I Khan?2409- LOBBYI Lawrence Horan, President Federal Tax ID. Number: 90-0423566 Taxpayer Identi?cation Number 21400514 01/0 . 1 FIGREEMENT pg 91/20? 03 30 21 PM a 41-, 514 . of 1 Eileen Garbagnl, Sandoval County Clerk ll'i'a 11111010111011? II RENEWAL NO. 1 TO PROFESSIONAL LOBBYIST AGREENIENT BETWEEN SANDOVAL COUNTY AND LAWRENCE J. HORAN, LTD. THIS RENEWAL NO. 1 to the Agreement entered into December 31, 2012, recorded in the Of?ce of the County Clerk as Document No. 2013000133, between Sandoval County (hereinafter referred to as the ?County?) and Lawrence J. Horan, Ltd. (hereinafter referred to us the ?L0bbyist?), is made and entered into this 13th day of December 2013. WHEREAS, Section 2 of the Agreement provides that the Agreement be renewed in one (1) year increments for a total of three (3) extensions, not to exceed four (4) years, and the parties wish to exercise this renewal option. THE PARTIES THEREFORE AGREE TO THE FOLLOWING: 1. The Agreement is hereby renewed for a period of one (1) year commencing on December 14, 2013 and ending on December 13, 2014. 2. The provisions of the Agreement not inconsistent with this Renewal are hereby preserved and maintained. IN WITNESS WHEREOF, the parties hereto have executed this Renewal as of the date above. LOBB SANDOVAL COUNTY . ,2 ML ?are Z4 Lawrence}: Horan, President Phillip Rios, County Manager ATTEST: . APPRM Cr A: 1 AS ORM: Eileen Garbagni, County Ierkv Pa F. Tyji??, Cbunty Attorney 2014026814 12/31/2014 10:29:52 011 PROFESSIDNRL SERVICE AGREEMENT Pg.1 of 1 B: 417 P: 26814 Eileen Garbagni, Sandoval County Clerk Ill"; 11.11011 Iii-11. Hamil Hill II RENEWAL NO. 2 TO PROFESSIONAL LOBBYIST BETWEEN SANDOVAL COUNTY AND LAWRENCE J. HORAN, LTD. THIS RENEWAL N0. 2 to the Renewal No. I entered into December 14, 2013, recorded in the Office of the County Clerk as Document No. 2014000514, between Sandoval County (hereinafter referred to as the ?County?) and Lawrence J. Horan, Ltd. (hereinafter referred to as the ?Lobbyist?) is made an entered into this 14th day of December 2014. WHEREAS, the original Professional Lobbyist Agreement was entered into December 31, 2012, and recorded in the Of?ce of the County Clerk as Document No. 2013000133; and WHEREAS, Section 2 of the Agreement provides that the Agreement be renewed in one (1) year increments for a total of three (3) extensions, not to exceed four (4) years, and the parties wish to exercise this renewal option. THE PARTIES THEREFORE AGREE TO THE FOLLOWING: 1. The Agreement is hereby renewed for a period of one (1) year commencing on December 14, 2014 and ending on December 13, 2015. 2. The provisions of the Agreement not inconsistent with this Renewal are hereby preserved and maintained. IN WITNESS WHEREOF, the parties hereto have executed this Renewal as of the date above. SANDOVAL COUNTY 747A Phillip Rica/County anager APPRo/vya? 0 FORM: Patriil??lf. W10, County Attorney 2014001300 01/21/3014 11:1 :0 aunt: Lam 19-: a. P. 1300 [than salami? Handout]. I'll: PROFESSIONAL SERVICES AGREEMENT BETWEEN COUNTY OF SANDOVAL AND MURRAY, MONTGOMERY 8c FOR FEDERAL LOBBYING SERVICES THIS AGREEMENT, made and entered into this 16th day of December 2013, by and between the County of Sandoval, New Mexico, a political subdivision in the State of New Mexico (hereinafter referred to as the "County"), and Murray, Montgomery O?Donnell (hereinafter referred to as the "Contractor"). WHEREAS, the County issued a Request for Proposals for Federal Lobbying Services on November 12, 2013; and WHEREAS, the Contractor submitted its Proposal, dated November 21, 2013, in response to FY 1 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 services in accordance with RFP as supplemented by Exhibit A incorporated herein by reference and made a part of this Agreement. 2. Term This Agreement shall become effective on December 16, 2013, and shall continue in full force and effect for a maximum of four (4) years unless terminated by either party pursuant to the termination provisions contained herein 3. Compensation and Method of Payment A. The County will pay to the Contractor in full payment for services rendered, the sum of $87,500, 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 (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. 4. Termination A. This Agreement shall terminate with the occurrence of any of the following events: i. ii. iv. For Cause: If, through any cause, the Contractor fails to ful?ll 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. For Lack of Appropriations: The terms of this Agreement are contingent upon suf?cient appropriations and authorization being made by the Sandoval County Commission for the performance of this Agreement. If suf?cient appropriations and authorization are not made by the Sandoval 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. . For Convenience of County: The County may terminate this Agreement at any time by giving at least (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. 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. B. Immediately upon receipt by either the County or the Contractor of notice of termination of this Agreement, the Contractor shall: (1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the County; (2) comply with all directives issued by the County in the notice of termination as to the performance of work under this Agreement; and (3) take such action as the County shall direct for the protection, preservation, retention or transfer of all property titled the County and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the County upon termination and shall be submitted to the County as soon as practicable. 5. 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 perfonned by the Contractor or under its supervision and all personnel engaged in performing the services shall be fully quali?ed 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 speci?ed by written agreement and shall be subject to each provision of this Agreement. 6. Indemni?cation The Contractor shall defend, indemnify and forever hold and save the County, its elected of?cials and employees harmless against any and all suites, 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. In the event that any suit or proceedings is brought against any party to this Agreement, and such suit or proceeding may have a material effect on such party?s ability to perform its obligations hereunder, such party shall, as soon as practical, but within ten (10) days of receiving notice of such action, suit or proceeding, cause notice in writing thereof to be given to the other party by certi?ed mail. 7. Release The Contractor, upon ?nal payment of the amount due under this Agreement, releases the County, its of?cials, agents and employees from all liabilities, claims and obligations whatsoever, arising from or under this Agreement. 8. 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. 9. 10. 11. 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. The Contractor shall maintain detailed books, documents, accounting records and other evidence pertaining to services and costs incurred in providing all services identi?ed in Section 1 Scope of Services. The Contractor shall make such materials available for inspection by the County at all reasonable times during the Agreement period, including before and after payments, and for three (3) years from the date of ?nal payment. Con?dentiality 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. Con?ict of Interest: Governmental Conduct Act 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. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor. . 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. . Applicable Law In providing the Scope of Services outlined herein, the Contractor shall comply with all applicable federal, state and local government laws and ordinances. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, the Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term in this Agreement. 14. 16. 17. 18. 19. 20. Enforcement of Agreement A party?s failure to require strict performance of any provision of this Agreement shall not waive or diminish that party?s right thereafter to demand strict compliance with that or any other provision. No waiver by a party or any of its rights under this Agreement shall be effective unless expressed in writing and no effective waiver by a party of any of its rights shall be effective to waive any other rights. . Equal Opportunity Compliance The Contractor agrees to abide by all federal and state laws and regulations pertaining to equal employment opportunity. If the Contractor is found to be not in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these de?ciencies. 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. 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. Notices Notices required to be given under this Agreement shall be delivered to the parties, by certi?ed mail, to the following address: To Contractor: To County: Murray, Montgomery O?Donnell 101 Constitution Avenue NW 9?h Floor Washington, DC 20001 Telephone: 202-742?4410 Facsimile: 202-742-4351 Sandoval County Of?ce of the County Manager P.O. Box 40 Bernalillo, NM 87004 Telephone: 505?867-7538 Facsimile: 505-867-7600 21. Authority If the Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of the Contractor represents and warrants that he or she has the power and authon'ty to bind the Contractor, and that no further action, resolution, or approval from the Contractor is necessary to enter into a binding agreement. IN WITNESS WHEREOF, this Agreement shall become effective as of the date speci?ed above. MURRAY, MONTGOMERY 8t ONNE By: Its: ATTEST: ileen Garbagni, Coun Cler 620W COUNTY OF SANDOVAL Phillip Rios, County Manager APPROVED TO 0 Patrith/f why Attorney EXHIBIT A REQUEST FOR PROPOSALS (RF P) FEDERAL LOBBYING SERVICES REQUEST FY14-ADMIN-01 GENERAL INFORMA Sandoval County invites written proposals ?'om those individuals and/or ?rms desiring to work collaboratively with the Board of County Commissioners and the County Manager to promote and present the County?s EDRAL AGENDA TO MEMBERS OF THE Administration and the U.S. Congress. The selected ?rm must have established relationships with key policy makers within the Federal Administration, Departments, including local and regional of?ces and with the staff, chairs and members of Congressional Committees and with the New Mexico Congressional delegation and their staff. SCOPE OF SER VICES The selected lobbyist shall handle, but not be limited to, the following services: A. Assist with the identi?cation and prioritization of county issues which can be addressed at the Federal level. B. Assist the County in developing a federal legislative agenda to meet the needs of the County. C. Identify and prepare grant application requests in collaboration with County staff. D. Develop a detailed document outlining a prioritized strategic implementation plan to realize the adopted Federal agenda. E. Prepare, submit, and track appropriations and/or authorization requests. F. Facilitate meetings with members of Congress, the NM Congressional delegation and/or Federal staff and monitor progress of federal ?mding/ grant applications on behalf of the County. G. Prepare brie?ng reports to members of Congress on proposed authorizations, funding requests, and/or grant applications. H. Provide written summaries and a quarterly status report relating to activities and progress to the County Commission and the County Manager. I. Prepare and ?le all lobbying reports required by the State of New Mexico, the U.S. Congress, and/or Federal law. VAL UA I 0N FA CTORS A. Project Approach: Describe how you or your ?rm would position and organize to assist the County by providing aggressive lobbying services. Provide a synopsis of your knowledge of Sandoval County. (Value: 0?25 points) B. Understanding of Project and Scope of Services: Detail your understanding of what the County is seeking in regard to lobbying services. (Value: 0-15 points) C. Experience of Individual/Firm in providing lobbying services in the speci?ed disciplines: Give a brief, but detailed, outline of ten (10) to ?fteen (15) recent accomplishments in securing Federal funding for municipal governments. All EXHIBIT A ?rms are also requested to provide a listing of references and a record of accomplishments in obtaining Federal appropriations for their clients. Each reference should include the client?s name, the funding source, the month and year that the funds were obtained, and the amount of funding secured. (Value: 0- 30 points) Washington, DC. staff size and current availability of experienced lobbyists in the Washington, DC. area. (Value: 0-20 points) Presence of staff in New Mexico and/or amount of time to be available in New Mexico. (Value: 0-10 points) Provide a list of your published billing rates, overhead rate factor, etc. Detail the billable ?nancial charges the County should anticipate should your services be engaged. Provide a sample agreement, along with an estimate of the amounts of monies that will be charged to the County during the next twelve (12) months. (This information is for discussion purposes and negotiations ONLY. PLEASE PROVIDE THIS INFORMATION IN A SEPARATE, SEALED ENVELOPE.) Finalists may be interviewed at the discretion of the Sandoval County Manager. TERM The Contract will be for one (1) year, and may be extended upon agreement of the Parties for up to three (3) one (1) year increments not to exceed four (4) years, if requested by the County Manager. The Term shall commence on December 1, 2013 and will terminate on November 30, 2014 (Dates are subject to change). PROCUREMENT OFFICER Sandoval County has assigned a Procurement Of?cer who is responsible for the conduct of this procurement whose name, address, telephone number and e-mail address are listed below: Name: Liz Otten, Procurement Of?cer Address: Sandoval County Finance Department 1500 Idalia Road NE, Building Box 40 Bernalillo, NM 87004 Telephone: (505) 404-5873 Fax: (505) 867-7605 Email: Reference: Any inquiries or requests regarding this procurement should be submitted, in writing, to the Procurement Of?cer. Offerors may contact ONLY the Procurement Of?cer regarding this procurement. Other County Employees or Evaluation Committee members do not have the authority to respond. CAMPAIGN 0N RIB ION DISCLOS URE Pursuant to NMSA 1978, 13-l-l9l.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must ?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 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 shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public 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. THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE. The following 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 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 ofan 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 either 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 17 expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee. ?Family member? means spouse, father, mother, child, father-in-law, mother-in?law, daughter-in-law or son-in-law. ?Pendency of the procurement process? means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals. ?Person? means any corporation, partnership, individual, joint venture, association or any other private legal entity. ?Prospective contractor? means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person 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. DISCLOSURE OF CONTRIBUTIONS: Contribution Made By: Relation to Prospective Contractor: Name of Applicable Public Of?cial: Date Contribution(s) Made: Amount(s) of Contribution(s) 18 Nature of Contribution(s) Purpose of Contribution(s) (Attach extra pages if necessary) Signature Date Title (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. WNW 51013 Signafl?re Date Partner Title (Position) 19