SOUTHERN SAN DOVAL COUNTY ARROYO FLOOD CONTROL AUTHORITY (SSCAFCA) PROFESSIONAL LOBBYIST AGREEMENT THIS PROFESSIONAL AGREEMENT, made and entered into this of 2013, by and between Southern Sandoval County Arroyo Flood Control Authority, (hereinafter referred to as and Murray, Montgomery O?Donnell (hereinafter referred to as the ?Lobbyist?). The parties agree as follows: 1. Scope of Services and Lobbyist?s Responsibilities a. The Lobbyist shall perform the services outlined in Exhibit A. In performing these services, the Lobbyist shall at all times comply with all federal, state and local statutes, rules and ordinances applicable to the performance of such services. In addition, these services and all duties incidental or necessary, Shall be performed diligently and completely and in accordance with professional standards of conduct and performance. Lobbyist will represent SSCAFCA in federal legislative matters and issues. Services include advocating for SSCAFCA and positions with New Mexico?s Congressional delegation and Congressional committees to further stated interests. Lobbyist will represent SSCAFCA in dealings with Federal agencies and national associations, to advocate for SSCAFCA and positions. Lobbyist?s contract with SSCAFCA will be through the Executive Engineer or his designee on all issues related to this Agreement. Lobbyist will meet with Board member who is designated as the Board Legislative representative, as needed. Lobbyist will brief SSCAF CA Board of Directors in person, upon request, as outlined in Exhibit A. Lobbyist will communicate and collaborate with state lobbyist as directed by the Executive Engineer. 2. Term The Contract will be for one (1) year, and may be extended for up to three (3) additional years in one (1) year increments, if requested by the Executive Engineer and subject to annual approval by the SSCAFCA Board of Directors. 3. Termination This Contract may be terminated by either of the parties hereto upon written notice 1 10. 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 SSCAFCA agrees to pay the Lobbyist a sum of $38,000, plus applicable gross receipts tax for Lobbyist?s services. Said sum includes all costs incurred by the Lobbyist. Payment will be made in twelve (12) installments plus gross receipts tax. Status of Lobbyist The Lobbyist is an independent contractor performing services for SSCAFCA. Lobbyist warrants and represents that Lobbyist will abide by all applicable laws in the performance of any services for SSCAFCA as set forth herein. Assignment Lobbyist shall not assign or transfer any interest in this Agreement without the written consent of SSCAFCA. Subcontracting The Lobbyist shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of SSCAFCA. 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 SSCAF CA. SSCAFCA shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of SSCAF CA to recover excessive and/or illegal payments. Release Lobbyist, upon final payment of the amount due under this Agreement, releases SSCAFCA, its of?cers and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. Lobbyist agrees not to purport to bind SSCAFCA to any obligation not assumed herein by SSCAF CA, unless SSCAFCA has expressed written authority to do so, and then only within the strict limitations of that authority. Merger 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 2 11. 12. 13. 14. 15. 16. 17. 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. Confidentiality 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 SSCAFCA. Con?ict of Interest Lobbyist warrants that Lobbyist 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 services required on behalf of SSCAFCA and will not perform lobbyist services for other clients whose interests con?ict with those of SSCAF CA during the term of this Agreement. Notice 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. Equal Opportunity 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 deficiencies. Amendment This Agreement shall not be altered, changed or amended except by written agreement of the parties hereto. Applicable Law This Agreement shall be governed by the laws of the State of New Mexico. 3 18. Multiple Counterparts This Agreement is executed in multiple counterparts, each of which is deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year ?rst above written. SOUTHERN SANDOVAL COUNT ARROYO WCONTR, 151i By: ?74? Donald Rudy Chairman, Board of Directo Date: I Date: lb; APPROVE ORM: Bernard/P. MEtlng Attorney for SSC Federal ID. Number Tax ayer Identi?cation Number 93' SOUTHERN SANDOVAL COUNTY ARROYO FLOOD CONTROL AUTHORITY AGREEMENT FOR PROFESSIONAL LOBBYIST SERVICES THIS PROFESSIONAL AGREEMENT, made and entered into this 17th day of April, 211;; by and between Southern Sandoval County Arroyo Flood Control Authority, (hereinafter referred to as and Murray, Montgomery, and O?Donnell (hereinafter referred to as the ?Contractor?). Contractor and SSCAF CA desire to enter into an agreement regarding professional services; 1. Scope of Services a. SSCAFCA shall establish and adopt legislative policies and goals and shall inform the Contractor of such policies and goals. The Contractor shall be receptive of this information, willing to offer opinion and must communicate and defend the Board approved policies and goals. Contractor will represent SSCAFCA in legislative matters and issues with the U. S. Congress. Services include advocating for SSCAF CA and stated interests with the New Mexico Congressional Delegation. Contractor will assist in the formulation of a Federal funding and policy agenda, working with the Executive Engineer and Legislative Committee. Contractor will represent interests in the Federal budget process, including the identi?cation of competitive agency grant opportunities and lobbying Executive agencies in support of SSCAFCA application submittals. Contractor will review and analyze, on a continuing basis, all existing and proposed Federal policies, programs and regulations that may impact SSCAF CA. Provide prompt noti?cation to SSCAF CA of the issue and speci?c impact. On issues where State and Federal policy overlap, contractor will coordinate and collaborate with contracted State lobbyist as necessary. Contractor?s contact with SSCAF CA will be through the Executive Engineer or his designee on all issues related to this Agreement. Contractor will meet with Board member who is designated as the Board representative to the Contractor, as needed. Contractor will brief SSCAFCA Board of Directors in person, upon request, at least once annually, and generally, be available in a timely manner in person, by telephone, fax, or email to provide consultation and advice. 2. Compensation SSCAFCA agrees to pay Contractor a sum of $43,800, plus applicable gross receipts tax for Contractor?s services. Said sum includes all cost incurred by Contractor. Payment will be made in twelve (12) installments plus gross receipts tax. 3. Term of Agreement The Contract will be for one (1) year, and may be extended for up to three (3) additional years in one (1) year increments, if requested by the Executive Engineer and subject to annual approval by the SSCAFCA Board of Directors. 4. Termination The Agreement may be terminated without cause by either of the parties thereto 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. 5. Status of Contractor The Contractor and the Contractor?s agents and employees, are independent Contractors performing professional services for SSCAF CA and are not employees of SSCAFCA. 6. Assignment Contractor shall not assign or transfer any interest in this Agreement without the written consent of SSCAFCA. 7. Subcontracting The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of SSCAFCA. 8. Insurance Contractor agrees to maintain general liability insurance providing coverage in an amount no less than one million dollars ($1,000,000) per claim. Proof of insurance shall be submitted to SSCAFCA. Such insurance shall remain in full force and effect during the term of this Agreement. 9. Records and Audits The Contractor shall maintain detailed time records which indicate the date, time, and nature of services rendered if hourly services are being provided. These records shall be subject to inspection by SSCAFCA. SSCAF CA shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of SSCAF CA to recover excessive and/or illegal payments. 10. Release The Contractor shall, upon ?nal payment of the amount due under the Agreement, release the of?cers and employees and SSCAFCA from all liabilities, claims and obligations whatsoever arising from or under the Agreement. The Contractor agrees not to purport to bind SSCAFCA, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 11. Confidentialig Any information provided to or developed by the Contractor in the performance of the Agreement shall be kept con?dential and shall not be made available to any individual or organization without the prior written approval of SSCAFCA. 12. Con?ict of Interest The Contractor warrants that it 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 services required under this Agreement. 13. Amendment This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by both parties. 14. Merger This Agreement incorporates all of the agreements, covenants, and understandings between the parties thereto 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. 15. Applicable Law This Agreement shall be governed by the laws of the State of New Mexico. 16. Waiver No waiver or any breach of this Agreement or any of the terms or conditions hereof shall be held to be a waiver or 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. 17. Notice The Procurement Code, NMSA 1978, Sections 13?1-28 through 13-1-199 (1984 as amended), impose Civil and Criminal penalties for its violations. In addition, the New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kick- backs. 18. ]_E_qual Opportunity Compliance The Contractor shall agree to abide by all federal and state laws pertaining to equal employment opportunity. In accordance with all such laws the Contractor shall agree to 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, be denied the bene?ts of, or be otherwise subjected to discrimination under, any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these de?ciencies. 19. Multiple Counterparts The Contract will be executed in multiple counterparts, each of which will be deemed to be an original for all purposes. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date ?rst written above. SOUTHERN SANDOVAL COUNTY I 0Y0 UTHORITY Date: 4 By: I I 0 James F. Fahey, Jr. Chairman, Board of Directors APPROV Bemard Phi/raw Attorney for SS A ?mmgco .. Date: By: 64/? 3: {Of Pegged ID. Number Tagyer Identi?cation Number vauqtm SOUTHERN SANDOVAL COUNTY ARROYO FLOOD CONTROL AUTHORITY AGREEMENT FOR PROFESSIONAL LOBBYIST SERVICES THIS PROFESSIONAL AGREEMENT, made and entered into this 2&1 day of January, 2015, by and between Southern Sandoval County Arroyo Flood Control Authority, (hereinafter referred to as and Lawrence J. Horan, LTD. (hereinafter referred to as the ?Contractor?). Contractor and SSCAFCA desire to enter into an agreement regarding professional services; 1. Scope of Services a. SSCAFCA shall establish and adopt legislative policies and goals and shall inform the Contractor of such policies and goals. The Contractor shall be receptive of this information, willing to offer opinion and must communicate and defend the Board approved policies and goals. Contractor will represent SSCAFCA in legislative matters and issues at the New Mexico Legislature. Services include advocating for SSCAF CA and positions with legislators and the Governor to further stated interests. Contractor will represent SSCAFCA in dealings with the State of New Mexico Executive and Administrative agencies, on a limited basis, as agreed to by the parties. Services provided by Contractor include monitoring and tracking state legislation which may affect SSCAF CA, representing and lobbying on behalf of SSAFCA on legislative matters and informing SSCAFCA of legislation that may affect SSCAFCA. The scope of Contractor?s representation of SSCAFCA is limited to lobbying services. Contractor?s contract with SSCAFCA will be through the Executive Engineer or his designee on all issues related to this Agreement. Contractor will meet with Board member who is designated as the Board representative to the Contractor, as needed. Contractor will brief SSCAFCA Board of Directors in person, upon request. Contractor will recommend and assist SSCAFCA in obtaining sponsors and co? sponsors for any SSCAFCA legislative bills, as well as work to obtain the support of the legislators to enhance passage of its bills. 2. Compensation SSCAFCA agrees to pay Contractor a sum of $41,400, plus applicable gross receipts tax. Said sum includes all cost incurred by Contractor. Payment will be made in twelve (12) installments plus gross receipts tax. 3. Term of Agreement The Contract will be for one (1) year, and may be extended for up to three (3) additional years in one (1) year increments, if requested by the Executive Engineer and subject to annual approval by the SSCAFCA Board of Directors. 4. Termination The Agreement may be terminated without cause by either of the parties thereto 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. 5. Status of Contractor The Contractor and the Contractor?s agents and employees, are independent Contractors performing professional services for SSCAFCA and are not employees of SSCAFCA. 6. Assignment Contractor shall not assign or transfer any interest in this Agreement without the written consent of SSCAFCA. 7. Subcontracting The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of SSCAFCA. 8. Insurance Contractor agrees to maintain general liability insurance providing coverage in an amount no less than one million dollars ($1,000,000) per claim. Proof of insurance shall be submitted to SSCAFCA. Such insurance shall remain in full force and effect during the term of this Agreement. 9. Records and Audits The Contractor shall maintain detailed time records which indicate the date, time, and nature of services rendered if hourly services are being provided. These records shall be subject to inspection by SSCAFCA. SSCAFCA shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of SSCAFCA to recover excessive and/or illegal payments. 10. Release The Contractor shall, upon ?nal payment of the amount due under the Agreement, release the of?cers and employees and SSCAFCA from all liabilities, claims and obligations whatsoever arising from or under the Agreement. The Contractor agrees not to purport to bind SSCAFCA, unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 1 1. Confidentiality Any information provided to or developed by the Contractor in the performance of the Agreement shall be kept con?dential and shall not be made available to any individual or organization without the prior written approval of SSCAFCA. 12. Con?ict of Interest The Contractor warrants that it 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 services required under this Agreement. 13. Amendment This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by both parties. 14. Merger This Agreement incorporates all of the agreements, covenants, and understandings between the parties thereto 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. 15. Applicable Law This Agreement shall be governed by the laws of the State of New Mexico. 16. Waiver No waiver or any breach of this Agreement or any of the terms or conditions hereof shall be held to be a waiver or 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. 17. Notice The Procurement Code, NMSA 1978, Sections 13-1?28 through 13-1-199 (1984 as amended), impose Civil and Criminal penalties for its violations. In addition, the New Mexico Criminal Statutes impose felony penalties for illegal bribes, gratuities and kick-backs. 18. Equal Opportunity Compliance The Contractor shall agree to abide by all federal and state laws pertaining to equal employment opportunity. In accordance with all such laws the Contractor shall agree to 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, be denied the bene?ts of, or be otherwise subjected to discrimination under, any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these de?ciencies. 19. Multiple Counterparts The Contract will be executed in multiple counterparts, each of which will be deemed to be an original for all purposes. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as of the date ?rst written above. SOUTHERN SANDOVAL COUNTY A OYO FLOO AUTHORITY DateJames F. Fahey, Jr. 0 Chairman, Board of Directors APPROVED RM: /l Bemardmgar Attorney for SSCAFCA Date: By: fawrenpe/ J. Hora, Federal ID. Number K70 3 Taxpayer Identi?cation Number SOUTHERN SANDOVAL COUNTY ARROYO FLOOD CONTROL AUTHORITY (SSCAFCA) PROFESSIONAL LOBBYIST AGREEMENT THIS PROFESSIONAL AGREEMENT, made and entered into this day ,361?6; by and between Southern Sandoval County Arroyo Flood Control Authority, (her inafte??r?fferred to as and Lawrence J. Horan, Ltd. (hereinafter referred to as the ?Lobbyist?). The parties agree as follows: 1. Scope of Services and Lobbyist?s Responsibilities a. SSCAFCA shall establish and adopt legislative policies and goals and shall inform the Lobbyist of such policies and goals. The Lobbyist shall be receptive of this information, willing to offer opinion and must communicate and defend the Board approved policies and goals. Lobbyist will represent SSCAF CA in legislative matters and issues at the New Mexico Legislature. Services include advocating for SSCAFCA and positions with legislators and the Governor to further stated interests. Lobbyist will represent SSCAFCA in dealings with the State of New Mexico Executive and Administrative agencies, on a limited basis, as agreed to by the parties. Services provided by Lobbyist include monitoring and tracking state legislation which may affect SSCAFCA, representing and lobbying on behalf of SSAFCA on legislative matters and informing SSCAFCA of legislation that may affect SSCAFCA. The scope of Lobbyist?s representation of SSCAFCA is limited to lobbying services. Lobbyist?s contact with SSCAFCA will be through the Executive Engineer or his designee on all issues related to this Agreement. Lobbyist will meet with Board member who is designated as the Board representative to the Lobbyist, as needed. Lobbyist will brief SSCAFCA Board of Directors in person, upon request. Lobbyist will recommend and assist SSCAFCA in obtaining sponsors and co-sponsors for any SSCAFCA legislative bills, as well as work to obtain the support of the legislators to enhance passage of its bills. Term The Contract will be for one (1) year, and may be extended for up to three (3) additional years in one (1) year increments, if requested by the Executive Engineer and subject to annual approval by the SSCAFCA Board of Directors. Termination This Contract 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 prior to the date of termination. Compensation SSCAFCA agrees to pay the Lobbyist a sum of $3 6,000, plus applicable gross receipts tax for Lobbyist?s services. Said sum includes all costs incurred by the Lobbyist. Payment will be made in twelve (12) installments plus gross receipts tax. Status of Lobbyist The Lobbyist is an independent contractor performing services for SSCAFCA. Lobbyist warrants and represents that Lobbyist will abide by all applicable laws in the performance of any services for SSCAFCA as set forth herein. Assignment Lobbyist shall not assign or transfer any interest in this Agreement without the written consent of SSCAFCA. Subcontracting The Lobbyist shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of SSCAFCA. 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 SSCAFCA. SSCAFCA shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of SSCAFCA to recover excessive and/or illegal payments. 10. 11. 12. 13. 14. 15. Release Lobbyist, upon ?nal payment of the amount due under this Agreement, releases SSCAFCA, its of?cers and employees, from all liabilities, claims and obligations whatsoever arising from or under this Agreement. Lobbyist agrees not to purport to bind SSCAFCA to any obligation not assumed herein by SSCAFCA, unless SSCAFCA has expressed written authority to do so, and then only within the strict limitations of that authority. Merger 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 SSCAFCA. Con?ict of Interest Lobbyist warrants that Lobbyist 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 services required on behalf of SSCAFCA and will not perform lobbyist services for other clients whose interests con?ict with those of SSCAFCA during the term of this Agreement. Notice 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. Equal Opportunitv Compliance The Lobbyist shall abide by all federal and state laws pertaining to equal employment opportunity. In accordance with all such laws the Lobbyist shall assure that no person in 3 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. 16. Amendment This Agreement shall not be altered, changed or amended except by written agreement of the parties hereto. 17. Applicable Law This Agreement shall be governed by the laws of the State of New Mexico. 18. Multiple Counterparts This Agreement is executed in multiple counterparts, each of which is deemed to be an original for all purposes. IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day and year ?rst above written. SOUTHE ARRO By: Meirk Conkling Chairman, Board of Directors Date: COUNTY 1) CONTROL AUTHORITY 0 FORM: B?eranga Attorney for SS Lobbyist: By: _z v/ 27/15 Date: Federal ID. Number 90 Juan 6 Taxpa er Identi?cation Number 0 -