Contract No. 15-AD-10 State Lobbyist Services THIS AGREEMENT (the ?Agreement?) is made and entered into by and between the City of Rio Rancho (the ?City?), a municipal corporation and political subdivision of the State of New Mexico, and Lawrence J. Horan, LTD. (the ?Consultant?), a New Mexico corporation, as of the date indicated below. WHEREAS, the City issued an RFP for Lobbyist Services, RFP No. on July 13, 2014; and WHEREAS, the Consultant submitted a proposal in response to RFP No. on August 14, 2014;and WHEREAS, The City and the Consultant negotiated certain terms regarding the services to be provided pursuant to the RFP No. resulting in the scope of services, labor and direct costs fee proposals, attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the City wishes to engage the Consultant to provide the services described in Exhibit A. NOW, THEREFORE, in consideration of the premises and the respective obligations set forth herein, the parties agree as follows: 1. SCOPE The City hereby engages the Consultant to provide the services described in Exhibit A attached hereto. 2. TERMINATION Unless sooner terminated, this Agreement will be effective for a period of one (1) year with option to renew for three (3) additional one (1) year terms. Notwithstanding anything to the contrary contained herein, the City may terminate this Agreement at any time by giving the Consultant such written notice as may be reasonable under the circumstances. Upon receipt of such written notice, the Consultant shall cease all work undertaken hereunder, except as may be necessary to provide for an orderly transition of such work. The Consultant may terminate this Agreement at any time with 60 days written notice to the City. Upon any termination of this Agreement, the Consultant shall provide a ?nal invoice to the City, showing all costs incurred but unpaid, and the City shall pay such costs, as shown therein. The Consultant shall forthwith deliver all ?les, reports, and other materials Concerning the services provided, maintained or controlled by the Consultant at the time of such termination, subject to all applicable federal and state law. The Consultant shall have no claim, right or cause of action against the City for termination of this Agreement by City in accordance with the provisions of this paragraph, except as may be othenNise expressly provided with respect to the Consultant?s earned but unpaid costs as of the date of such termination. Nothing herein shall be construed as relieving the Consultant from liability to the City for damages sustained by the City as a result of a breach of this Agreement by the Consultant, and the City may withhold any payments otherwise due to the Consultant as a set?off against all or part of such damages, until such time as the exact amount of damages due the City from the Consultant is determined and that amount paid to (and/or withheld by) the City in full. 3. COMPENSATION AND PAYMENT For services rendered hereunder, the Consultant shall invoice the City for services provided in accordance with the Consultant?s fee schedule included in Exhibit A. Consultant shall submit invoices to the City showing the amount of compensation due, the amount of any New Mexico gross receipts taxes and the total amount payable. Payment of undisputed amounts shall be due and payable thirty (30) days after the City?s receipt of the invoice. 4. RELATIONSHIP OF PARTIES The Consultant (and each agent, employee and contractor employed or engaged by the Consultant to ful?ll the Consultant?s obligations hereunder) shall be an independent consultant performing professional services for the City and not an employee of the City or an agent of the City for any purpose beyond the speci?c engagement for services set forth herein. As independent consultants, the Consultant and its agents and employees shall not qualify for or receive any employee bene?ts from the City, including but not limited to leave, retirement, insurance, bonding, use of City vehicles, or any other bene?ts afforded to City employees. 5. STANDARD OF PERFORMANCE The Consultant agrees and represents that it has the personnel, experience and knowledge necessary to qualify it for the particular duties to be performed under this Agreement. Consultant shall perform the work described herein in accordance with the highest standard of care for performance of the Services. 6. DELIVERABLES AND USE OF DOCUMENTS All work, work product, and deliverables produced under contract with the City shall remain the exclusive property and shall inure to the bene?t of the City as work for hire; the Consultant shall not use, sell, disclose or obtain any other compensation for such work for hire. In addition, the Consultant may not, with regard to all work, work product, deliverables or work for hire required by this Agreement, apply for in its name or otherwise, any copyright, patent or other property right and acknowledges that any such property right created or developed remains the exclusive right of the City. 7. EMPLOYEES AND SUBCONTRACTORS The Consultant shall be solely responsible for payment of wages, salary or bene?ts to any and all employees or consultants retained by the Consultant in the performance of the Services. Consultant agrees to indemnify, defend and hold harmless the City for any and all claims that may arise from the Consultant?s relationships to its employees and subcontractors. 8. INSURANCE The Consultant shall procure and maintain, at its own expense, all necessary or appropriate insurance coverage for itself and its agents and employees. The Consultant shall provide to the City, a certi?cate of insurance or declarations page demonstrating compliance with the foregoing. 9. ASSIGNMENT AND DELEGATION The Consultant shall not delegate or subcontract any portion of the services to be performed hereunder without the prior written approval of the City or customary in the provision of the Consultant?s services. Nor shall the Consultant assign 0r transfer any interest in this Agreement without the prior written consent of the City; provided, however, that, notwithstanding the foregoing, amounts due hereunder from the City to the Consultant may be assigned to a bank or trust company. Notwithstanding anything to the contrary contained herein, no assignment or transfer of funds and/or the Consultant?s right to payment hereunder shall bind the City to pay any person other than the Consultant for services provided hereunder. 10. RECORDS AND AUDIT The Consultant shall maintain appropriate accounts and records to adequately identify and account for all services provided and costs chargeable to the City hereunder and such other records as may be required by law. Subject to applicable federal and state law, such records will be made available to the City and/or its authorized representative(s) during regular business hours, upon reasonable request, and will be retained for two (2) years after the termination of this Agreement, unless provided otherwise by the City in writing. 11. APPROPRIATIONS The terms of this Agreement and all amounts payable hereunder are contingent upon suf?cient appropriations therefore by the City?s Governing Body. If suf?cient appropriations are not made, the City shall notify the Consultant of the termination of this Agreement in accordance with the provisions of paragraph 2, above. 12. CONFIDENTIALITY Any con?dential information provided to or developed by the Consultant in the performance of this Agreement shall be kept con?dential and shall not be revealed or made available to any person by the Consultant without the prior written approval of the City. 13. COMPLIANCE WITH LAWS AND CONFLICT OF INTEREST In the performance of their obligations hereunder, the parties shall obey and abide by all applicable laws, rules and regulations, and with all applicable ordinances, policies and procedures. The Consultant hereby covenants, warrants and represents that it presently has no interest and shall not acquire any interest, direct or indirect, which would con?ict in any manner or degree with the performance of its services under this Agreement. Without limiting the generality of the foregoing, the Consultant shall comply with all applicable legal or regulatory provisions concerning con?icts of interest. Both parties shall abide by all applicable federal and state laws, rules, regulations, and executive orders pertaining to equal employment opportunity; pursuant thereto, shall assure that no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from employment with, participation in, be denied the bene?ts of or be otherwise subjected to discrimination under, any program or activity performed under this Agreement; and to take appropriate steps to correct any de?ciency that may be found to occur in compliance with such laws and rules. 14. INDEMNITY By its receipt of ?nal payment of all amounts due under this Agreement, the Consultant shall release the City, and its of?cers and employees, from all liabilities, claims, and obligations whatsoever, arising from or under this Agreement. The Consultant shall indemnify and defend the City and hold the City harmless for and from any and every claim, action, liability, loss, damage or suit, arising from the fault of the Consultant in performing (or omitting to perform) services hereunder. 15. FORCE MAJEURE Neither the City nor the Consultant shall be liable for any delay in the performance of this Agreement, nor for any other breach, nor for any loss or damage arising from uncontrollable forces such as ?re, theft, storm, war, or any other force majeure that could not have been reasonably avoided by exercise of due diligence. 16. LICENSES The Consultant shall maintain all required licenses, including without limitation all necessary professional and business licenses, throughout the term of this Agreement. Consultant shall require and shall assure that all of the Consultant?s employees and subcontractors maintain all required licenses, including without limitation all necessary professional and business licenses. 17. 0F CONTACT For the City, the sole points of contact under this Agreement shall be the City Manager. Any notice required or permitted to be given hereunder shall be suf?cient if mailed to the address shown below or faxed to the number shown below for the party receiving notice, or to such other address or fax number of which such party has duly noti?ed the other party in accordance with the provisions of this paragraph. For notice to the City: For notice to the Consultant: City of Rio Rancho Lawrence J. Horan, LTD. Attn: Keith J. Riesberg, City Manager Attn: Lawrence J. Horan 3200 Civic Center Circle NE 14419 Oakwood Pl. NE Rio Rancho, New Mexico 87144 Albuquerque, NM 87123 Fax: (505) 891-5762 Fax: (505) 717?1502 18. AMENDMENT This Agreement represents the entire agreement between the parties with respect to the matters addressed herein, and all prior agreements, covenants, and understandings between the parties concerning the same have been merged into this written Agreement. This Agreement shall not be altered, modi?ed, changed, or amended except by a written instrument executed by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement, effective as of the date executed by both parties. CITY OF RIO RANCHO LAWRE J. HORAN, LTD. Bv: ?ash?and?, Keith J. Riesberg, City Manag Lawrence Horan Date: Date: APPROVED AS TO FORM: .J fan Jen?h?ier Vega-Brown, City Attorney Exhibit A - Scope of Work Specifications State Lobbyist Services - Contract No. 15-AD-10 SCOPE OF WORK - General The awarded consultant shall provide the following services: (C) Represent the City, as an independent contractor, for the purpose of advocating its legislative goals and priorities at the New Mexico Legislature. Meet with the Governing Body, the City Manager and designated staff as necessary, to develop the legislative priorities and advocacy program. Analyze and add the City on all bills that relate to, or may impact the City?s established legislative goals and priorities. Recommend and obtain the support of key legislators to protect the City's interests as stated in the established legislative goals and priorities. Provide coverage of legislative session and committee meetings (including interim committee meetings). Testify on behalf of the City at legislative hearings and coordinate with other entities to advance the City?s initiatives. Provide written reports to the City on bill status and other legislative matters impacting City activities. Brief in person, as appropriate, the Governing Body, the City Manager and designated staff on all activities performed hereunder. Advise the Governing Body and City Manager on legislative issues and strategies including but not limited to re?apportionment, re?districting, tax proposals, capital allocations and land use. Submit to the City Manager a weekly update during legislative sessions outlining activities and actions taken. When the legislature is not in session, a report shall be submitted of activities and actions taken. COST PROPOSAL LOBBYIST SERVICES: $36,000 annual contract plus applicable gross receipts tax TRAVEL, LODGING LEGISLATIVE EXPENSES This provision includes all travel and lodging expenses during the legislative session. $1,500/ month during the session (cost of $3,000/long session, $1,500/short session). Contract No. Federal Lobbyist Services THIS AGREEMENT (the ?Agreement?) is made and entered into by and between the City of Rio Rancho (the ?City?), a municipal corporation and political subdivision of the State of New Mexico, and Van Scoyoc Associates, Inc. (the ?Consultant?), a District of Colombia corporation, as of the date indicated below. WHEREAS, the City issued an RFP for Lobbyist Services, RFP No. on July 13, 2014; and WHEREAS, the Consultant submitted a proposal in response to RFP No. on August 14, 2014; and WHEREAS, The City and the Consultant negotiated certain terms regarding the services to be provided pursuant to the RFP No. resulting in the scope of services, labor and direct costs fee proposals, attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the City wishes to engage the Consultant to provide the services described in Exhibit A. NOW, THEREFORE, in consideration of the premises and the respective obligations set forth herein, the parties agree as follows: 1. SCOPE The City hereby engages the Consultant to provide the services described in Exhibit A attached hereto. 2. TERMINATION Unless sooner terminated, this Agreement will be effective for a period of one (1) year with option to renew for three (3) additional one (1) year terms. Notwithstanding anything to the contrary contained herein, the City may terminate this Agreement at any time by giving the Consultant such written notice as may be reasonable under the circumstances. Upon receipt of such written notice, the Consultant shall cease all work undertaken hereunder, except as may be necessary to provide for an orderly transition of such work. The Consultant may terminate this Agreement at any time with 60 days written notice to the City. Upon any termination of this Agreement, the Consultant shall provide a ?nal invoice to the City, showing all costs incurred but unpaid, and the City shall pay such costs, as shown therein. The Consultant shall forthwith deliver all ?les, reports, and other materials concerning the services provided, maintained or controlled by the Consultant at the time of such termination, subject to all applicable federal and state law. The Consultant shall have no claim, right or cause of action against the City for termination of this Agreement by City in accordance with the provisions of this paragraph, except as may be otherwise expressly provided with respect to the Consultant?s earned but unpaid costs as of the date of such termination. Nothing herein shall be construed as relieving the Consultant from liability to the City for damages sustained by the City as a result of a breach of this Agreement by the Consultant, and the City may withhold any payments otherwise due to the Consultant as a set?off against all or part of such damages, until such time as the exact amount of damages due the City from the Consultant is determined and that amount paid to (and/or withheld by) the City in full. 3. COMPENSATION AND PAYMENT For services rendered hereunder, the Consultant shall invoice the City for services provided in accordance with the Consultant?s fee schedule included in Exhibit A. Consultant shall submit Contract 15-AD-11 invoices to the City showing the amount of compensation due, the amount of any New Mexico gross receipts taxes and the total amount payable. Payment of undisputed amounts shall be due and payable thirty (30) days after the City's receipt of the invoice. 4. RELATIONSHIP OF PARTIES The Consultant (and each agent, employee and contractor employed or engaged by the Consultant to ful?ll the Consultant?s obligations hereunder) shall be an independent consultant performing professional services for the City and not an employee of the City or an agent of the City for any purpose beyond the speci?c engagement for services set forth herein. As independent consultants, the Consultant and its agents and employees shall not qualify for or receive any employee bene?ts from the City, including but not limited to leave, retirement, insurance, bonding, use of City vehicles, or any other bene?ts afforded to City employees. 5. STANDARD OF PERFORMANCE The Consultant agrees and represents that it has the personnel, experience and knowledge necessary to qualify it for the particular duties to be performed under this Agreement. Consultant shall perform the work described herein in accordance with the highest standard of care for performance of the Services. 6. DELIVERABLES AND USE OF DOCUMENTS All work, work product, and deliverables produced under contract with the City shall remain the exclusive property and shall inure to the bene?t of the City as work for hire; the Consultant shall not use, sell, disclose or obtain any other compensation for such work for hire. In addition, the Consultant may not, with regard to all work, work product, deliverables or work for hire required by this Agreement, apply for in its name or otherwise, any copyright, patent or other property right and acknowledges that any such property right created or developed remains the exclusive right of the City. 7. EMPLOYEES AND SUBCONTRACTORS The Consultant shall be solely reSponsible for payment of wages, salary or bene?ts to any and all employees or consultants retained by the Consultant in the performance of the Services. Consultant agrees to indemnify, defend and hold harmless the City for any and all claims that may arise from the Consultant?s relationships to its employees and subcontractors. 8. INSURANCE The Consultant shall procure and maintain, at its own expense, all necessary or appropriate insurance coverage for itself and its agents and employees. The Consultant shall provide to the City, a certi?cate of insurance or declarations page demonstrating compliance with the foregoing. 9. ASSIGNMENT AND DELEGATION The Consultant shall not delegate or subcontract any portion of the services to be performed hereunder without the prior written approval of the City or customary in the provision of the Consultant?s services. Nor shall the Consultant assign or transfer any interest in this Agreement without the prior written consent of the City; provided, however, that, notwithstanding the foregoing, amounts due hereunder from the City to the Consultant may be assigned to a bank or trust company. Notwithstanding anything to the contrary contained herein, no assignment or transfer of funds and/or the Consultant?s right to payment hereunder shall bind the City to pay any person other than the Consultant for services provided hereunder. 10. RECORDS AND AUDIT The Consultant shall maintain appropriate accounts and records to adequately identify and account for 2 Co ntract 1 all services provided and costs chargeable to the City hereunder and such other records as may be required by law. Subject to applicable federal and state law, such records will be made available to the City and/or its authorized representative(s) during regular business hours, upon reasonable request, and will be retained for two (2) years after the termination of this Agreement, unless provided otherwise by the City in writing. 11. APPROPRIATIONS The terms of this Agreement and all amounts payable hereunder are contingent upon suf?cient appropriations therefore by the City?s Governing Body. If suf?cient appropriations are not made, the City shall notify the Consultant of the termination of this Agreement in accordance with the provisions of paragraph 2, above. 12. CONFIDENTIALITY Any con?dential information provided to or developed by the Consultant in the peIfOrmance of this Agreement shall be kept con?dential and shall not be revealed or made available to any person by the Consultant without the prior written approval of the City. 13. COMPLIANCE WITH LAWS AND CONFLICT OF INTEREST In the performance of their obligations hereunder, the parties shall obey and abide by all applicable laws, rules and regulations, and with all applicable ordinances, policies and procedures. The Consultant hereby covenants, warrants and represents that it presently has no interest and shall not acquire any interest, direct or indirect, which would con?ict in any manner or degree with the performance of its services under this Agreement. Without limiting the generality of the foregoing, the Consultant shall comply with all applicable legal or regulatory provisions concerning con?icts of interest. Both parties shall abide by all applicable federal and state laws, rules, regulations, and executive orders pertaining to equal employment opportunity; pursuant thereto, shall assure that no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from employment with, participation in, be denied the bene?ts of or be othenNise subjected to discrimination under, any program or activity performed under this Agreement; and to take appropriate steps to correct any de?ciency that may be found to occur in compliance with such laws and rules. 14. IN DEMNITY By its receipt of ?nal payment of all amounts due under this Agreement, the Consultant shall release the City, and its of?cers and employees, from all liabilities, claims, and obligations whatsoever, arising from or under this Agreement. The Consultant shall indemnify and defend the City and hold the City harmless for and from any and every claim, action, liability, loss, damage or suit, arising from the fault of the Consultant in performing (or omitting to perform) services hereunder. Contract 15-AD-11 15. FORCE MAJEURE Neither the City nor the Consultant shall be liable for any delay in the performance of this Agreement, nor for any other breach, nor for any loss or damage arising from uncontrollable forces such as ?re, theft, storm, war, or any other force majeure that could not have been reasonably avoided by exercise of due diligence. 16. LICENSES The Consultant shall maintain all required licenses, including without limitation all necessary professional and business licenses, throughout the term of this Agreement. Consultant shall require and shall assure that all of the Consultant?s employees and subcontractors maintain all required licenses, including without limitation all necessary professional and business licenses. 17. POINT OF CONTACT For the City, the sole points of contact under this Agreement shall be the City Manager. Any notice required or permitted to be given hereunder shall be suf?cient if mailed to the address shown below or faxed to the number shown below for the party receiving notice, or to such other address or fax number of which such party has duly noti?ed the other party in accordance with the provisions of this paragraph. For notice to the City: For notice to the Consultant: City of Rio Rancho Van Scoyoc Associates, Inc. Attn: Keith J. Riesberg, City Manager Attn: H. Stewart Van Scoyoc, President/CEO 3200 Civic Center Circle NE 101 Constitution Avenue, NW, Suite 600 West Rio Rancho, New Mexico 87144 Washington, DC 20001 Phone: (505) 891-5002 Phone: (202) 638?1950 Fax: (505) 891-5762 Fax: (202) 638-7714 18. AMENDMENT This Agreement represents the entire agreement between the parties with respect to the matters addressed herein, and all prior agreements, covenants, and understandings between the parties concerning the same have been merged into this written Agreement. This Agreement shall not be altered, modi?ed, changed, or amended except by a written instrument executed by the parties. IN W1TN ESS WHEREOF, the parties have executed this Agreement, effective as of the date executed by both parties. CITY OF RIO RANCHO VAN scovoc ASSOCIATES, INC. By: By: Keith J. Riesberg, City Manager H. Stewart Van s?coyoc, President/CEO Date: 1 ?4 Date: I APPROVED AS TO FORM: Jen ifer Veg Brown, Contract lS-AD-ll Exhibit A - Scope of Work Federal Lobbyist Services - Contract No. SCOPE OF WORK - General The Consultant shall provide the following services: a) Represent the City, an as independent contractor, for the purpose of advocating its federal funding goals and priorities to federal agencies and their staff as well as federal elected officials and their staff. b) Specifically work to obtain approximately $6 million in owed reimburse to the City from the U.S. Army Corps. of Engineers related to a 2007 grant agreement pertaining to construction of an arsenic removal facility. c) Identify and advise the City on federal programs and available funding the City can apply for related to public infrastructure aquifer direct injection, wastewater treatment plant reconstruction to support deveIOpment/expanding employment base, etc.). Assist the City with applying for the available funding. d) Consult with the Governing Body, City Manager and designated staff as necessary related to the City's federal funding goals and priorities. e) Analyze and advise on legislation that may impact the City?s federal funding goals and priorities. f) Recommend and obtain the support of key federal agencies and their staff as well as federal elected officials and their staff related to the City's federal funding goals and priorities. g) Brief, as appropriate, the Governing Body, City Manager and designated staff on all activities performed hereunder. h) Submit to the City Manager, upon request and at least once per month, a written report outlining activities and actions taken. Price Proposal Cost for services shall be comprised of a retainer of $3,500.00 for a 12?month period resulting in a maximum yearly cost of $42,000.00. Normal expenses (long?distance telephone, copying, local travel, etc.) would be in addition to the contractual amount and billable capped annually at $500. All expense totals are for actual costs to Consultant without any markup or overhead included and detailed billing records are provided. Travel outside the Metropolitan Washington, D.C., area would also be in addition to the contract amount, but would only be undertaken with specific approval from the City.