LAS CRUCES PUBLIC SCHOOLS 505 S. Main Street, Suite 249 Las Cruces, NM 88001 PURCHASE ORDER PURCHASING DEPARTMENT Phone (575) 527-5844 Fax (575) 527-6619 PUBLIC SCHOOLS NO- 1411719 1 PO REVISED THIS PURCHASE ORDER IS LIMITED TO THE SEND ALL INVOICES TO ABOVE ADDRESS. PO NUMBER MUST APPEAR ON ALL INVOICES, ITEMS LISTED AND SHALL NOT BE CHANGED THIS PURCHASE ORDER IS SUBJECT TO THE PACKING LISTS AND CORRESPONDENCE. WITHOUT PRIOR AUTHORIZATION. TERMS AND CONDITIONS ON THE REVERSE MSDS SHEETS MUST ACCOMPANY ALL SIDE PRODUCT. P.O. Date: 02/18/2014 Questions PURCHASING DEPARTMENT (575) Ext: Account: 527-5844 P.O. Issued To Ship To: LLC ADM SUPERINTENDENT 2321 MALPAIS ROAD SW Attn: ZIGELHOFER ALBUQUERQUE NM 87105 505 MAIN STREET SUITE 249 LAS CRUCES NM 88001 Contact: Location: Superintendent I 0 Phone: (505) 917-1852 Fax: Project: NONE Req# 12640 Reference: Date Required: 03/01/2014 Award Number: Line Qty Unit Part# Description Unit Price Extended Tax Freight 1 16050 EA CHANGE ORDER 6/18/14 JD. 1.00 16,050.00 0.00 0.00 CHANGE ORDER ONE ISSUED TO INCREASE THE P.O. AMOUNT BY $1,050.00 THUS INCREASING THE P.O. AMOUNT FROM $15,000.00 TO $16,050.00. INCREASE IS NEEDED TO COVER GROSS RECEIPTS TAX. Contracted Legislative Lobbying services for 2014 Legislative Services - February, 2014 - June, 2014 CHANGE name/1.11011 n, Sub-Total: 16,050.00 Freight: Tax: APPROVAL SIGNATURES: Total Amount: NOTES: Order Via: Mail VENDOR COPY Page 1 of 1 Thursday. June 19. 2014 Purchase Order 1-. .3 CRUDE-S HOQLS Change Order Request . EFF-CC LASCRUCES PUBLICSCHOOLS 2111111111118 n1?; 9 12 To: Purchasing Office From: Briqitte Zigelhofer School/Dept: Sugerintendent (t no.) 521-5 Control Agent Signature: grim Date: 6/17/2014 Re: Authorization to Change Purchase Order or Encumbrance Vendor Name: Truiillo-Saiz, LLC Purchase Order Number 1411719 Amount of Increase $1 ,050.00 or Amount of Decrease New P.O. Total $16 050.00 DOES VENDOR REQUIRE A COPY OF THE CHANGE NO Total amount of the Purchase or Encumbrance including the increase is within the Control Agent authority. Total amount of the Purchase or Encumbrance including the increase is NOT within the Control Agent authority. Change Account Code JUSTIFICATION DESCRIPTION OF REQUIRED CHANGE: Increase to cover gross receipts tax. (Rev. 4.11.2006) LAS CRUCES PUBLIC SCHOOLS 505 Main Street, Suite 249 I I Las Cruces, NM 88001 PURCHASE ORDER PURCHASING DEPARTMENT LAS CRUCES Phone (575) 527-5844 Fax (575) 527-6619 No_ 19 PUBLIC SCHOOLS THIS PURCHASE ORDER IS LIMITED TO THE SEND ALL INVOICES TO ABOVE ADDRESS. PO NUMBER MUST APPEAR ON ALL INVOICES. ITEMS LISTED AND SHALL NOT BE CHANGED THIS PURCHASE ORDER IS SUBJECT TO THE PACKING LISTS AND CORRESPONDENCE. WITHOUT PRIOR AUTHORIZATION. TERMS AND CONDITIONS ON THE REVERSE MSDS SHEETS MUST ACCOMPANY ALL SIDE PRODUCT. P.O. Date: 02118/2014 Questions PURCHASING DEPARTMENT (575) Ext: Account: 527-5844 P.O. Issued To Ship To: TRUJILLO-SAIZ LLC ADM SUPERINTENDENT 2321 MALPAIS ROAD SW Attn: BRIGITTE ZIGELHOFER ALBUQUERQUE NM 87105 505 MAIN STREET SUITE 249 LAS CRUCES NM 88001 Contact: Location: Superintendent 0 Phone: (505) 917-1852 Fax: Project: NONE Req# 12640 Reference: Date Required: 03/01/2014 Award Number: Line Qty Unit Part# Description Unit Price Extended Tax Freight 1 15000 EA Contracted Legislative Lobbying services for 2014 Legislative Services 1.00 15,000.00 0.00 0.00 February, 2014 - June. 2014 Sub-Total: 15,000.00 Freight: Tax: Total Amount: NOTES: Order Via: Mail VENDOR COPY Tuesday, February 18. 2014 Page 1 of 1 LAS CRUCES PUBLIC SCHOOLS 505 S. Main Street. Suite 249 c; r- 11?: 1.235 Cruces. NM 88001 ?gq?wg: 4 - PURCHASING DEPARTMENT CRUCEE Phone (575) 537-5844 Fax 527-5619 NO. 9 PUBUC SCHOOLS um THIS PURCHASE ORDER IS LIMITED TO THE SEND ALL INVOICES TO ABOVE ADDRESS. PO NUMBER MUST APPEAR ON ALL INVOICES. ITEMS LISTED AND SHALL NOT BE CHANGED THIS PURCHASE ORDER IS SUBJECT TO THE PACKING LISTS AND CORRESPONDENCE. WITHOUT PRIOR AUTHORIZATION. TERMS AND CONDITIONS ON THE REVERSE MSDS SHEETS MUST ACCOMPANY ALL SIDE PRODUCT. P.O. Date: 02/18/2014 Questions 7 PURCHASING DEPARTMENT (575) Ext: Account: 527-5844 P.O. Issued To Ship To: TRUJILLO-SAIZ LLC ADM SUPERINTENDENT 2321 MALPAIS ROAD SW Attn: BRIGITTE ZIGELHOFER ALBUQUERQUE NM 87105 505 MAIN STREET SUITE 249 LAS CRUCES NM 88001 Contact: Location: Superintendent 0 Phone: (505) 917-1852 Fax: Project: NONE Req# 12640 Reference: Date Required: 03/01/2014 Award Number: Line Qty Unit Part# Description Unit Price Extended Tax Freight 1 15000 EA Contracted Legislative Lobbying services for 2014 Legislative Services - 1.00 15,000.00 0.00 0.00 February. 2014 - June, 2014 CONFIRMATION S?ti'im?iam r; DO NOT DUPLICATE mu Sub-Total: 15,000.00 Freight: Tax: APPROVAL SIGNATURES: Total Amount: NOTES: Order Via: Mail VENDOR COPY Page 1 of 1 Tuesday, February 18. 2014 LAS CRUCES SCHOOL DISTRICT CONTRACTED SERVICES AGREEMENT GOVERNMENT LIAISON This Agreement is entered into as of the 12th day of February, 2014, between Las Cruces School District No. 2 Board of Education (?the School District?) and Trujillo-Saiz LLC. ("the Contractor?). 1. independent Contractor. Subject to the terms and conditions of this Agreement, the School District hereby engages the Contractor as an independent contractor to perform the services set forth herein. and the Contractor-hereby accepts such engagement. Non-appropriation of Funding. if the School District's performance under this Agreement depends upon the appropriation of funds, and if the School District does not appropriate the funds, necessary for performance, then the School District may provide written notice to Contractor and cancel this Agreement without further obligation except for payment due as mutually agreed for work in progress or completed by the Contractor. Duties, Term. and Compensation. The Contractor's duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in SUPPLEMENT A herein which may be amended only upon written, mutual agreement between the parties. Expenses. Unless otherwise agreed in writing by the School District, the Contractor's out?of?pocket expenses that are incurred in connection with the performance of the duties hereunder shall be considered inclusive within the terms of SUPPLEMENT A. Expenses for the time spent by Contractor in traveling to and from School District facilities shall not be reimbursable. Written Reports. The School District may request that updates on project plans and/or written progress reports be provided by Contractor on a basis. A ?nal written report shall be due at the conclusion of the project and shall be submitted to the School District at such time. The ?nal report shall be in such form and setting forth such information and data as is reasonably requested by the School District. inventions. Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the School District: and the Contractor hereby assigns all right, title, and interest in the same to the School District. Any and ail inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by the Contractor in rendering duties to the School District are hereby licensed solely to the School District for use in its operations. Con?dentialiy. The Contractor acknowledges that during the engagement the Contractor will have access to and become acquainted with various information, records and speci?cations owned or licensed by the School District and/or used by the School District in connection with the operation of its business including. without limitation, the School District's processes, methods, staff/student data, accounts and procedures, etc.. The Contractor agrees that the Contractor will not disclose any of the aforesaid, directly or?indirectiy, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the School District. All ?les, records, documents, blueprints, speci?cations, information, letters, notes, media lists, original artworidcreative, notebooks, and similar items relating to the mission of the School District, whether prepared by the Contractor or otherwise coming into the Contractor?s possession, shall remain the exclusive preperty of the School District. The Contractor shall not retain any cepies of the foregoing without the School District?s prior written permission. Upon the expiration or earlier terminatidn of this Agreement, or whenever requested by the School District, the Contractor shall immediately deliver to the School District all such ?les, records, documents, speci?cations, information, and other items in the Contractor's possession or under the Contractor?s control. 8. 10. Conflicts of interest; Non-hire Provision. The Contractor represents that Contractor is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering the Contractor's duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which Contractor does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of the Contractor's productive time, energy and abilities to the performance of the Contractor?s duties hereunder as is necessary to perform the required duties within the time period outlined in this agreement or otherwise, in a timeiy and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the School District. The Contractor shall not, directly or indirectly hire any employee of the School District, and no School District employee may be simultaneously employed by the Contractor during the effective period of this agreement. Right to Iniunction. The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the School District under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any legal action, and the breach by the Contractor of any of the provisions of this Agreement will cause the School District irreparable injury and damage. The Contractor expressly agrees that the School District shall be entitled to and other equitable relief in the event of. or in prevention of, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however. shall not be constmed to be a waiver of any other rights or remedies that the School District may have for damages or otherwise. The various rights and remedies of the School District under this Agreement or otherwise shall be Construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law. Termination. The School District may terminate this Agreement at any time by 10 working days' written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses ?to .comply with the written policies or reasonable directive of the School District, is guilty of serious =?misconduct in connection with performance hereUnder, or materially breaches provisions of this 11. 12. 13. 14. 15. 16. Ziggreement, the School District at any time may terminate the engagement of the Contractor immediately rand without prior written notice to the Contractor. independent Contractor. This Agreement shall not render the Contractor an employee, partner, or agent of with the School District for any purpose. The Contractor is and will remain an independent contractor in the Contractor's relationship to the School District. The School District shall not be responsible for withholding taxes with respect to the Contractor's compensation hereunder. The Contractor shall have no claim against the School District hereunder or otherwise for vacation pay, sick leave, retirement bene?ts, social security, worker's compensation, health or disability bene?ts, unemployment insurance bene?ts, or employee bene?ts of any kind. Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the bene?t of the parties hereto and their respective heirs, if any, successors, and assigns. Choice of Law. The laws of the state of New Mexico shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. Arbitration. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with the rules of the American Arbitration Association. The parties agree that any arbitration proceeding shall be conducted in Las Cruces, New Mexico, and any subsequent judicial ?ling or review will be ?led in the Third Judicial District of New Mexico or in the federal courts of New Mexico. Furthermore, anyjudgments upon award shall be entered in the courts of New Mexico. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. 17. Assignment and Subcontract. The Contractor shall not assign any of the Contractor's rights under this 18. 19. 20. 21. 22. Agreement. or delegate the performance of any of the Contractor's duties hereunder, without the prior written consent of the School District. Background Checks. The Contractor shall be responsible for complying to the provisions of NMSA 1978 requiring two ?ngerprint cards from employees having unsupervised access to students. The cards shall be submitted to the School District for obtaining the employees' Federal Bureau of investigation record. Convictions of felonies or misdemeanors contained in the Federal Bureau of investigation record, if supported by independent evidence, may 'form the basis for the employment decisions for good and just cause. Records and any related information shall be privileged and shall not be disclosed to any person not directly involved in employment decision of Contractor?s employee with unsupervised access to students. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail. certi?ed or registered, postage prepaid, return receipt requested. if such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given ?ve days after deposit thereof in the United States mail addressed to the party to whom such notice. demand or other communication is to be given as follows: If to the Contractor: Theresa F. Trujillo-Saiz dba Trujillo-Saiz LLC 2321 Malpais Rd SW Albuquerque, NM 87105 If to the School District: Superintendent Las Cruces School District 505 S. Main St.; Suite 249 Las Cruces, NM 88001 Any party hereto may change its address for purposes of this paragraph by written notice given in the: manner provided above- Modi?cation or Amendment. No amendment. change or modi?cation of this Agreement shall be valid unless in writing signed by the parties hereto. Entire Understanding. This document and any supplement attached constitute the entire understanding and agreement of the parties. and any and all prior agreements. understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. Non-enforceabi?of Provisions. if any provision of this Agreement, or any portion thereof. is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. SUPPLEMENT A LAS CRUCES SCHOOL CONTRACT SERVICE AGREEMENT Trujillo-Saiz DUTIES, TERM, AND COMPENSATION DUTIES: The Contractor will: A. Establishes and maintains communication with state legislators and local and state of?cials involved with education policy and assuring the delivery of educational services. B. Advises the Superintendent, or designated staff, of Legislative updates C. Communication, consulting. liaison during the 2014 Legislative Session, Special Legislative Session and interim meeting required by the District. D. These services will include working with the District on Legislative priorities. work at the direction of the District and/or any designee appointed by the District. E. Work shall be performed according to verbal or written assignments by the? District, Contractor shall include, as a minimum, the speci?c deiiverables, and maximum level of effort. F. The services will also inciude any other tasks which the parties may agree on. DELIVERABLES: The Contractor will: Communicate updates during the 2014 Legislative Session. Q, Customer satisfaction, access to Contractor, relationship between Contractor, District, Elected Officials and other entities Any change to the work must be within the scope of work described herein. Contractor will report directly to Superintendent Rounds and to any other party designated by Superintendent Rounds in connection with the performance of the duties under this Agreement and shall fui?ll any other duties reasonably requested by the School District and agreed to by the Contractor. TERM: This engagement shall commence upon execution of this Agreement and shall continue in full force and effect through June 30, 2014 or earlier upon completion of the Contractor's duties under this Agreement. The work may be temporarily stopped or delayed due to Unforeseen, circumstances upon written approval by the Owner. The Agreement may be extended thereafter by mutual agreement, unless terminated earlier by operation of and in accordance with this Agreement. COMPENSATION: As full compensation for the services rendered pursuant to this Agreement, the School District shall pay the Contractor the sum not to exceed $15,000 to be paid The total payment shail not exceed $15,000 without prior written approval by an authorized representative of the School District. Such compensation shall be payable within 30 days of receipt of Contractor's invoice for services rendered supported by reasonable documentation. After the thirtieth day from the date that written certi?cation of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to the contractor at the rate of one and one-half percent per month. LAS CRUCES SCHOOL DISTRICT CONTRACT SERVICES AGREEMENT TRUJILLOSAIZ LLC lN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year ?rst written above. The parties hereto agree that facsimile signatures shall be as effective as if originals. Theresa F. Saiz, Trujillo-Saiz LLC Contractor Signed:\:I Print Name: Tth/?Q 50L. Datesi?I?) Isa/r CQOI ?11 Las Cruces School District No 2 I Finance Department: Principal/Administrative HeadQ?j? I I Purchasing Department: Date: Date: a/i/ Date: LAS CRUCES PUBLIC SCHOOLS 505 S. Main Street, Suite 249 Las Cruces, NM 88001 PURCHASE ORDER - PURCHASING DEPARTMENT LAs CRUCES Phone (575) 527-5844 Fax (575) 527-6619 SCHOOLS No' 1 THIS PURCHASE ORDER IS LIMITED TO THE SEND ALL INVOICES TO ABOVE ADDRESS. PO NUMBER MUST APPEAR ON ALL INVOICES. ITEMS LISTED AND SHALL NOT BE CHANGED THIS PURCHASE ORDER IS SUBJECT TO THE PACKING LISTS AND CORRESPONDENCE. WITHOUT PRIOR AUTHORIZATION. TERMS AND CONDITIONS ON THE REVERSE MSDS SHEETS MUST ACCOMPANY ALL SIDE PRODUCT. P.O. Date: 01/29/2015 Questions PURCHASING DEPARTMENT (575) Ext: Account: 527-5844 P.0. Issued To Ship To: LLC ADM SUPERINTENDENT 2321 MALPAIS ROAD SW Attn: KRISTEN STEVENS ALBUQUERQUE NM 87105 505 MAIN STREET SUITE 249 LAS CRUCES NM 88001 Contact: Location: Superintendent 0 Phone: (505) 917-1852 Fax: Project: NONE Req# 11622 Reference: Date Required: 02/11/2015 Award Number: Line Qty Unit Part# Description Unit Price Extended 1 16050 EA Professional Lobbyist Services for the 2015 Legislative. CSA contract on ?le. 1.00 16,050.00 A Total Amount: APPROVAL SIGNATURES: a? y/ 4/2 61/2421: NOTES: Order Via: Mail VENDOR COPY Thursday.January29,2015 Page 1 of 1 LAS CRUCES SCHOOL DISTRICT CONTRACTED SERVICES AGREEMENT GOVERNMENT LIAISON LOBBYIST SERVICES This Agreement is entered into as of the 15?1 day of January; 2015, between Las Cruces School District No. 2 Board of Education (?the School District") and Trujillo-Saiz LLC. (?the Contractor?). 1. Independent Contractor. Subject to the terms and conditions of this Agreement, the School District hereby engages the Contractor as an independent contractor to perform the services set forth herein, and the Contractor hereby accepts such engagement. Non?appropriation of Funding. if the School District's performance under this Agreement depends upon the appropriation of funds, and if the School District does not appropriate the funds necessary for performance, then the School District may provide written notice to Contractor and cancel this Agreement without further obligation except for payment due as mutually agreed for work in progress or completed by the Contractor. Duties, Term, and Compensation. The Contractor?s duties, term of engagement, compensation and provisions for payment thereof shall be as set forth in SUPPLEMENT A herein which may be amended only upon written, mutual agreement between the parties. Expenses. Unless othenNise agreed in writing by the School District, the Contractor?s out?of?pocket expenses that are incurred in connection with the performance of the duties hereunder shall be considered inclusive within the terms of SUPPLEMENT A. Expenses for the time spent by Contractor in traveling to and from School District facilities shall not be reimbursable. Written Reports. The School District may request that updates on project plans and/or written progress reports be provided by Contractor on a basis. A ?nal written report shall be due at the conclusion of the project and shall be submitted to the School District at such time. The final report shall be in such form and setting forth such information and data as is reasonably requested by the School District. Inventions. Any and all inventions, discoveries, developments and innovations conceived by the Contractor during this engagement relative to the duties under this Agreement shall be the exclusive property of the School District; and the Contractor hereby assigns all right, title, and interest in the same to the School District. Any and all inventions, discoveries, developments and innovations conceived by the Contractor prior to the term of this Agreement and utilized by the Contractor in rendering duties to the School District are hereby licensed solely to the School District for use in its operations. Confidentiality. The Contractor acknowledges that during the engagement the Contractor will have access to and become acquainted with various information, records and speci?cations owned or licensed by the School District and/or used by the School District in connection with the operation of its business including, without limitation, the School District?s processes, methods, staff/student data, accounts and procedures, etc. The Contractor agrees that the Contractor will not disclose any of the aforesaid, directly or indirectly, or use any of them in any manner, either during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the School District. All ?les, records, documents, blueprints, speci?cations, information, letters, notes, media lists, original artwork/creative, notebooks, and similar items relating to the mission of the School District, whether prepared by the Contractor or othen/vise coming into the Contractor?s possession, shall remain the exclusive property of the School District. The Contractor shall not retain any copies of the foregoing without the School District?s prior written permission. Upon the expiration or earlier termination of this Agreement, or whenever requested by the School District, the Contractor shall immediately deliver to the School District all such files, records, documents, speci?cations, information, and other items in the Contractor?s possession or under the Contractor?s control. 8. 10. 11. 12. 14. LAS CRUCES SCHOOL DISTRICT CONTRACTED SERVICES AGREEMENT GOVERNMENT LIAISON LOBBYIST SERVICES Conflicts of Interest; Non?hire Provision. The Contractor represents that Contractor is free to enter into this Agreement and that this engagement does not violate the terms of any agreement between the Contractor and any third party. Further, the Contractor, in rendering the Contractor?s duties shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which Contractor does not have a proprietary interest. During the term of this agreement, the Contractor shall devote as much of the Contractor's productive time, energy and abilities to the performance of the Contractor?s duties hereunder as is necessary to perform the required duties within the time period outlined in this agreement or otherwise, in a timely and productive manner. The Contractor is expressly free to perform services for other parties while performing services for the School District. The Contractor shall not, directly or indirectly hire any employee of the School District, and no School District employee may be simultaneously employed by the Contractor during the effective period of this agreement. Right to lniunction. The parties hereto acknowledge that the services to be rendered by the Contractor under this Agreement and the rights and privileges granted to the School District under the Agreement are of a special, unique, unusual, and extraordinary character which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated by damages in any legal action, and the breach by the Contractor of any of the provisions of this Agreement will cause the School District irreparable injury and damage. The Contractor expressly agrees that the School District shall be entitled to injunctive and other equitable relief in the event of, or in prevention of, a breach of any provision of this Agreement by the Contractor. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the School District may have for damages or othenNise. The various rights and remedies of the School District under this Agreement or othenivise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law. Termination. The School District may terminate this Agreement at any time by 10 working days? written notice to the Contractor. In addition, if the Contractor is convicted of any crime or offense, fails or refuses to comply with the written policies or reasonable directive of the School District, is guilty of serious misconduct in connection with performance hereunder, or materially breaches provisions of this Agreement, the School District at any time may terminate the engagement of the Contractor immediately and without prior written notice to the Contractor. Independent Contractor. This Agreement shall not render the Contractor an employee, partner, or agent of with the School District for any purpose. The Contractor is and will remain an independent contractor in the Contractor?s relationship to the School District. The School District shall not be responsible for withholding taxes with respect to the Contractor?s compensation hereunder. The Contractor shall have no claim against the School District hereunder or othenNise for vacation pay, sick leave, retirement benefits, social security, worker?s compensation, health or disability bene?ts, unemployment insurance benefits, or employee benefits of any kind. Successors and Assigns. All of the provisions of this Agreement shall be binding upon and inure to the bene?t of the parties hereto and their respective heirs, if any, successors, and assigns. . Choice of Law. The laws of the state of New Mexico shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. Arbitration. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in accordance with the rules of the American Arbitration Association. The parties agree that any arbitration proceeding shall be conducted in Las Cruces, New Mexico, and any subsequentjudicial filing or review will be filed in the Third Judicial District of New Mexico or in the federal courts of New Mexico. Furthermore, anyjudgments upon award shall be entered in the courts of New Mexico. 2 LAS CRUCES SCHOOL DISTRICT CONTRACTED SERVICES AGREEMENT GOVERNMENT LIAISON LOBBYIST SERVICES 15. 16. 17. 18. I9. 20. 21. 22. Headings. Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof. Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver. Assignment and Subcontract. The Contractor shall not assign any of the Contractor?s rights under this Agreement, or delegate the performance of any of the Contractor?s duties hereunder, without the prior written consent of the School District. Background Checks. The Contractor shall be responsible for complying to the provisions of NMSA 1978 requiring two fingerprint cards from employees having unsupervised access to students. The cards shall be submitted to the School District for obtaining the employees? Federal Bureau of Investigation record. Convictions of felonies or misdemeanors contained in the Federal Bureau of lnvestigation record, if supported by independent evidence, may form the basis for the employment decisions for good and just cause. Records and any related information shall be privileged and shall not be disclosed to any person not directly involved in employment decision of Contractor's employee with unsupervised access to students. Notices. Any and all notices, demands, or other communications required or desired to be given hereunder by any party shall be in writing and shall be validly given or made to another party if personally served, or if deposited in the United States mail, certified or registered, postage prepaid, return receipt requested. If such notice or demand is served personally, notice shall be deemed constructively made at the time of such personal service. If such notice, demand or other communication is given by mail, such notice shall be conclusively deemed given ?ve days after deposit thereof in the United States mail addressed to the party to whom such notice, demand or other communication is to be given as follows: Theresa F. Trujillo?Saiz dba Trujillo-Saiz LLC 2321 Malpais Rd SW Albuquerque, NM 87105 If to the Contractor: If to the School District: Superintendent Las Cruces School District 505 S. Main St; Suite 249 Las Cruces, NM 88001 Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above. Modi?cation or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto. Entire Understandinq. This document and any supplement attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. Non?enforceabilitv of Provisions. If any provision of this Agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this Agreement shall nevertheless remain in full force and effect. LAS CRUCES SCHOOL DISTRICT CONTRACTED SERVICES AGREEMENT GOVERNMENT LIAISON LOBBYIST SERVICES SUPPLEMENT A mpow> 7" IF0 I.) DUTIES, TERM, AND COMPENSATION DUTIES: The Contractor, known as Trujillo?Saiz LLC will: Establishes and maintains communication with state legislators and local and state of?cials involved with education policy and assuring the delivery of educational services. Advises the Superintendent, or designated staff, of Legislative updates Communication, consulting, liaison during the 2015 Legislative Session, Special Legislative Session and Interim meeting required by the District. These services will include working with the District on Legislative priorities, work at the direction of the District and/or any designee appointed by the District. Work shall be performed according to verbal or written assignments by the District, Contractor shall include, as a minimum, the speci?c deliverables, and maximum level of effort. The services will also include any other tasks which the parties may agree on. DELIVERABLES: The Contractor will: Communicate updates during the 2015 Legislative Session. Customer satisfaction, access to Contractor, relationship between Contractor, District, Elected Officials and other entities Any change to the work must be within the scope of work described herein. Contractor will report directly to Superintendent Rounds and to any other party designated by Superintendent Rounds in connection with the performance of the duties under this Agreement and shall ful?ll any other duties reasonably requested by the School District and agreed to by the Contractor. TERM: This engagement shall commence upon execution of this Agreement and shall continue in full force and effect through June 30, 2015 or earlier upon completion of the Contractor?s duties under this Agreement. The work may be temporarily stopped or delayed due to unforeseen circumstances upon written approval by the Owner. The Agreement may be extended thereafter by mutual agreement, unless terminated earlier by operation of and in accordance with this Agreement. COMPENSATION: As full compensation for the services rendered pursuant to this Agreement, the School District shall pay the Contractor the sum not to exceed ?15,000 plus Gross Receipt Tax to be paid The total payment shall not exceed $16,050 without prior written approval by an authorized representative of the School District. Such compensation shall be payable within 30 days of receipt of Contractor?s invoice for services rendered supported by reasonable documentation. After the thirtieth day from the date that written certi?cation of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the contract to the contractor at the rate of one and one-half percent per month. LAS CRUCES SCHOOL DISTRICT CONTRACTED SERVICES AGREEMENT GOVERNME LIAISON LOBBYIST SERVICES IN WITNESS WHEREOF the undersigned have executed this Agreement as of the day and year ?rst written above. The parties hereto agree that facsimile signatures shall be as effective as if originals. Theresa F. Saiz, Truiillo-Saiz LLC Contractor ago-U2), Print Name: Theresa 5041 Date: I53 30 I5 Las Cruces School District No 2 Finance Department: $304 Principal/Administrative Head: Purchasing Department: Date: I 93' If Date: 2 [/53 ff Date: I 3c? 4774/} LAS CRUCES SCHOOL DISTRICT CONTRACTED SERVICES AGREEMENT GOVERNMENT LIAISON LOBBYIST SERVICES ttachment 1: PROPOSAL Trujillo-Saiz LLC 2321 Malpais Rd SW Albuquerque, New Mexico 87105 January 18, 2015 Las Cruces Public Schools Stan Rounds. Superintendent 505 S. Main St. Las Cruces, New Mexico 88001 Dear Superintendent Rounds: With this letter I submit a quote to provide Legislative Liaison services to the Las Cruces Public Schools. Services will include communicating the District legislative priorities to state Legislators, advise the District of education policy and budget legislation and maintain communication and reports to the District (Superintendent or designee) during the 2015 Legislative Session. Verbal and or written direction provided by the Superintendent or designee will be followed and communicated to Legislators during the legislative process. All New Mexico Secretary of State Compliance requirements will be followed according to the Lobbyist Regulation Act. Proposed compensation for such services is $15,000 plus Gross Receipt Tax not to exceed $16,050 payable upon completion of the 2015 Legislative Session. An invoice will be submitted for payment with ?nal report. Sincerely, Theresa F. Trujillo-Saiz