ace?59015 urge PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made the day of Igbnm?g 2013, by and between the City of Hobbs, New Mexico, a New Mexico municipal corp ration, hereinafter referred to as "City", and Luke Oiero, 1458 Miracerros Loop North, Santa Fe, New Mexico, 87505, hereinafter referred to as ?Contractor?. 1. SCOPE OF SERVICES: Contractor shall provide professional state lobbying services as fully set forth herein. 2. COMPENSATION: City will pay Contractor $24,500 for the 2013 Legislative Session and any fellow 0p resulting from the 2013 session (2012-2013 fiscal year) and $24,500.00 for the 2014 Legislative Session and any follow .up meetings/sentices from the 2014 session (2013?2014 fiscal year). City will also reimburse Contractor for reasonable actual octet-pocket expenses, not to exceed $2,500.00. Contractor shall provide periodic bills of services performed and eXpenses incurred to City for approval and payment. 3. TERM: The term of this Agreement shall be for the 2013 New Mexico Legislative Session, including any follow up resulting from the 2013 session (2012-2013 fiscal year) and the 2014 New Mexico Legislative Session and any follow up resulting from the session (2013?2014 fiscal year) or as terminated pursuant to paragraph 6 herein. 4. ASSIGNMENT: Neither City nor the Contractor may assign this Agreement, or any interest herein, without prior written approval of the other. 5. INDEMNIFICATION: Contractor agrees to and shall indemnify, defend and hold the City, the'City Commission of the City of Hobbs, its individual commissioners, its of?cers, employees and agents harmless from any and all causes of action, suits, claims, judgments, losses, costs, expenses and liens, of every kind and nature, including but not limited to court costs and reasonable attorneys fees arising or alleged to have arisen out of Contractor?s negligent rendition of services or failure to render service's pursuant to this Agreement or any breach of this Agreement. KIN, Ht 3? BI-ndsnek This Agreement may be terminated by either party 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 already'incurred for performance or failure to perform prior to the date of termination. lf termination occurs, contractor shall provide documentation of actual services rendered and shall be compensated at contractor?s standard hourly rate. CONFIDENTIALITY AGREEMENT: Any confidential 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 City. STATUS OF CONTRACTOR: Contractor, and his agents and employees, are independent contractors performing professional services for the City and are not employees of the City. The Contractor, and his agents and employees, shall not accrue leave, retirement, insurance, bonding use of City vehicles, or any other benefits afforded to the employees of the City as a result of this Agreement. RECORDS AND AUDIT: Contractor shall maintain detailed time records that indicate the date, time, and nature of services rendered. These records shall be subject to inspection by the City, the Department of Finance and Administration, and the State Auditor. The City shall have the right to audit billings both before and after payment; payment under this Agreement shall not foreciose the right of the City to recover excessive or illegal payments. GOVERNING LAW: . The foregoing constitutes the entire agreement between the parties and may be modified only in writing signed by both parties. This Agreement is governed by the laws of the State of New Mexico and will bind and inure to the benefit of City and the Contractor, their respective successors and assigns. Venue for any and all legal proceedings shall be in the District Court in Lee County, New Mexico. IN WITNESS WHEREOF, the patties hereto have executed this Agreement the day and year first written above. THE CITY OF HOBBS, NEW MEXICO COBB, Mayor -. LUKE OTERO, Contr??ctor Approved as to form: Wagtua MICHAEL H. STONE, City Attorney Attestv: .MMA JA City Clerk 1- :v ,1 0?0300? 7240? PROFESSIONAL SERVICES AGREEMENT AGREEMENT is made the Z1527 day of 2 21?. 2014, by and between the City of Hobbs, New Mexico, a New Mexico municipal corporation, hereinafter referred to as ?City?, and Luke Otero, 1458 Miracerros Loop North, Santa Fe, New Mexico, 87505, hereinafter referred to as ?Contractor?. 1. SCOPE OF SERVICES: Contractor shall provide professional state lobbying services as fully set forth herein. 2, COMPENSATION: City will pay Contractor $24,500 for the 2015 Legislative Session and any follow up meetingsiservices resulting from the 2015 session. City will also reimburse Contractor for reasonabie actual out-of-pocket expenses, not to exceed $1,250.00. Contractor shall provide periodic bills of services performed and expenses incurred to City for approval and payment. 3. TERM: The term of this Agreement shail be for the 2015 New Mexico Legislative Session, including any follow up resulting from the 2015 session or as terminated pursuant to paragraph 6 herein. 4. ASSIGNMENT: Neither City nor the Contractor may assign this Agreement, or any interest herein, without prior written approval of the other. 5. INDEMNIFICATION: Contractor agrees to and shall indemnify, defend and hold the City, the City Commission of the City of Hobbs, its individual commissioners, its officers, employees and agents harmless from any and all causes of action, suits, claims, judgments, losses, costs, expenses and Iiens, of every kind and nature, including but not iimited to court. costs and reasonable attorneys fees arising or alleged to have arisen out of Contractor?s negiigent rendition of services or failure to render services pursuant to this Agreement or any breach of this Agreement. 6. TERMINATION: This Agreement may be terminated by either party upon written notice deiivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to pe of termination. if termination EXHIBIT in i PASSED, ADOPTED AND APPROVED this 15?? day of December, 2014. 2L, SAM D. COBB, Mayor ATTEST: ?m FLETCHER, City Cierk {?at/1 0L . CITY OF HOBBS 0203 5? inc? RESOLUTION NO. 5330 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A SERVICES AGREEMENT WITH LUKE OTERO FOR LOBBYING SERVICES WHEREAS, Section 3?174, NMSA 1978, provides that cities are granted those powers necessary-and proper to provide for the safety, preserve the health, promote the prosperity and improve the morais, order, comfort and convenience of the City and its inhabitants; and WHEREAS, the City Commission of the City of Hobbs, Lea County, New Mexico, has determined that the services to be provided by the contracting party pursuant to this Agreement are needed by a certain segment of the population of the City and are necessary to provide for the safety of its citizenry, and to preserve the health of that portion of its citizenry and'to otherwise contribute to the quality of tire of the citizens of the City of Hobbs; and WHEREAS, the City of Hobbs, through its management staff, and pursuant to Section 13?1-126, NMSA 1978, as amended, has conducted a good faith review of available sources and resources Within Lea County and has determined that there is only one source within Lea County for the services needed; I NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HOBBS, NEW MEXICO, that the Mayor be, and hereby is authorized to execute a Professional Services Agreement with Luke Otero for state lobbying on behalf of the City of Hobbs as attached hereto and incorporated herein as Exhibit 4' If} :5 44? 7.3 1'90 OI oroo 4122;20/ Otero Consulting 1458 Miracerms Loop North Santa Fe, New Mexico 87505 Invoice 003?021-015 City of Hobbs Attn: JJ Murphy 200 East Broadway Street Hobbs, New Mexico 88240 Legislative consulting for the 2015 Regular Interim total $4911; Wei?5T? a gee/)3? sessions .. New Mexico Gross Receipts Tax .. RECEIVED MAR 2 5 2315 FINANCE 9ng s. RAULSTON 19,000.00 1,555.62 20,555.62 Otero Consulting $5.204? 1458 Miracerros Loop North Santa Fe, New Mexico 87505 Invoice 006?030-014 City of Hobbs Attn: Murphy 200 East Broadway Street Hobbs, New Mexico 88240 Legislative consuiting for the 2014 Regular Interim sessions ..S 12,000.00 New Mexico Gross Receipts 982.50 total 12,982.50 ca ev?% 501 m: 202:: 1013*150 Otero Consulting 1458 Miracerros Loop North Santa Fe, New Mexico 87505 Invoice 008-001?013 City of Hobbs Attri: JJ Murphy 200 East Broadway Street Hobbs, New Mexico 88240 Legislative consulting and lobbying for the 2013 interim 5,000.00 New Mexico Gross Receipts Tax 409.37 tota! 5 5,409.37 RECEIVED SEP 06 2813 FINANCE DEPT. oz?ozoo-tPafoo? ?mm?W SEP 52013 . La?