New Mexico School for the Blind and Visually Impaired

1900 North White Sands Boulevard., Alamogordo, NM 88310
Phone: 1-575-437-3505 Fax 1-575-439-4406

PROFESSIONAL SERVICES CONTRACT
Lobbyist Services

This AGREEMENT is made and entered into by the NEW MEXICO SCHOOL FOR THE BLIND AND
VISUALLY IMPAIRED hereinafter referred to as and THE RUTHERFORD
GROUP LLC, hereinafter referred to as ?consultant?.

1. SCOPE:

employs consultant to provide professional representation of and advocacy for the school's
policies. projects and programs in advance of, during and subsequent to the legislative sessions of the
State of New Mexico more speci?cally described, but not limited to the followingConsultant will provide assistance with all aspects of the process of securing state level funding;
including, but not limited to, instruction and general, capital outlay and any other funding deemed by
the to be in its best interest;

Consultant will be required to review and understand any and all legislation which may have an
impact on the and assist the with development and implementation of
appropriate strategies to deal with such legislation;

Consultant may be required to assist with the development, introduction and passage of legislation
deemed to be in the best interest of the 

Consultant will be responsible for understanding and communicating the needs and priorities of the
to the executive branch of State government including, but not limited to, Department of
Finance and Administration and State Budget Division; and to the legislative branch of State
government, including, but not limited to, Legislators, legislative committees, and staffs;

Consultant will be required to communicate the needs and priorities of the to any other
State agencies deemed necessary including, but not limited to, the Higher Education Department
and the Public Education Department. The consultant will convey the opinions and positions of any
and all of these agencies and individuals to the administration of the 

Consultant will provide timely telephone and/or electronic mail updates to the 
Superintendent;

Consultant will set up meetings between the Superintendent and targeted State leadership, and will
notify the Superintendent, in a timely manner, of opponunities to speak to committees, etc. as
needed;

Consultant will provide weekly communication to the Superintendent of all activities and
results during the legislative session;

Consultant will attend all meetings of the Board of Regents as reasonably requested by
the Superintendent;

10) Consultant will complete in a timely fashion all forms and reports required of lobbyists by the State

of New Mexico and other relevant jurisdictions and provide a copy of such to the 
Superintendent;

PSC - Lobbyist Services

December 2013 - December 2014

Page 1 of 4

 

11) Consultant will comply with State and Federal governing regulations to include, but not be limited to,
the State of New Mexico Lobbyist Regulation Act.

Consultant will follow the self?written Plan of Action for accomplishing the above requirements. The plan
includes activities in advance of, during and subsequent to the legislative sessions. In addition, the Plan of
Action will be considered the model during the term of the contract and any subsequent extensions to the
contract thereafter, Changes to the Plan of Action must be agreed up on and approved in writing by both
parties prior to implementation of change.

2. COMPENSATION:

Consultant will be compensated for services rendered in the amount of $42,600.00 plus New Mexico
Gross Receipts Tax per contract year. Consultant will bill in twelve (12) installments as
outlined bellow:

- January 2014 March 2014 - $7,000 per month plus 
0 April 2014 - December 2014 - $2,400 per month plus 

Gross Receipts Tax shall be included on each invoice as services are rendered. Payment shall
be made on the 15th day of each month upon timely presentation to of invoice listing billable
services.

3. TERM:

This agreement will remain in effect for the period of December 16I 2013 - December 15I 2014. In
accordance with State Procurement Code, 13-1-150, NMSA 1978, this agreement may be extended
annually, upon the approval of both parties, for up to a period of four years of service. Compensation for
this agreement may be renegotiated at each annual extension.

4. TERMINATION:

This agreement may be terminated for any reason by or the consultant upon written notice
delivered to the other party at least thirty (30) calendar days prior to the intended date of termination. By
such termination, neither party may nullify obligations already incurred for performance or failure to
perform prior to the date of termination.

5. STATUS OF CONSULTANT:

The consultant, and his agents and employees, are independent consultants performing professional
services for and are not employees of the State of New Mexico. The consultant, and his agents
and employees, shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other
bene?t afforded to employees of the State of New Mexico or as a result of this Agreement. The
consultant acknowledges that all sums received hereunder are reportable for income tax purposes as
business income.

6. ASSIGNMENT:

The consultant shall not delegate any duties under this agreement, assign or transfer any interest in this
agreement or assign any claims for money due or to become due under this agreement without the prior
written approval of 

7. SUBCONTRACTING:

The consultant shall not subcontract any portion of the services to be performed under this contract
without the prior written approval of 

8. RELEASE:

PSC - Lobbyist Services
December 2013 - December 2014 Page 2 of 4

 

The consultant, upon ?nal payment of the amount due under this agreement, releases its Board
of Regents, its of?cers and employees. and the State of New Mexico from all liabilities, claims and
obligations whatsoever arising from or under this agreement. The consultant agrees not to purport to bind
to any obligation not assumed herein by the unless the consultant has express written
authority to do so, and then only within the strict limits of that authority.

9. CONFIDENTIALITY:

Any confidential information provided to or developed by the consultant in the performance of this
agreement shall be kept con?dential and shall not be made available to any individual or organization by
the consultant without the prior written approval of the unless directed by professional and legal
standards. Likewise, and the consultant may have appropriate access to each other?s related
records as required by professional and legal standards to meet their respective responsibilities.

10. PRODUCT OF SERVICES - COPYRIGHT:

All materials developed or acquired by the consultant under this agreement shall become the property of
the State of New Mexico and shall be delivered to the no later than the termination date of this
agreement. Records maintained by the consultant in compliance with professional and legal standards
are exempt from this restriction. Nothing produced, in whole or in part, by the consultant under this
agreement shall be the subject of an application for copyright, or on behalf, of the consultant without the
prior written approval of 

11. CONFLICT OF INTEREST:

The consultant warrants that he presently has no interest, and shall not acquire any interest, direct or
indirect, which would conflict with the performance of services required under this agreement. The
consultant shall comply with the provisions of Section 10-16-12 NMSA 1978 which require disclosure in
writing to the Of?ce of the Secretary of State of the receipt of more than ?ve thousand dollars in the
aggregate from one or more state agencies in any one twelve-month period through rendering
professional services.

12. AMENDMENT:
This agreement shall not be altered, changed or amended except by instrument, in writing, executed by
the parties hereto.

13. SCOPE OF AGREEMENT:
This agreement incorporates all the agreements, covenants, and understandings between the parties
hereto concerning the subject matter hereof, and all such covenants, agreements and understandings

have been merged into this written agreement. No prior agreement or understandings, verbal or
otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this agreement.

14. APPLICABLE LAW:

The laws of the State of New Mexico and applicable Federal law and regulations shall govern this
agreement.

1 5. WAIVER:

The contract shall contain a provision that states that no waiver or any breach of the contract?s terms or
conditions thereof, shall be held to be a waiver of any other or 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.

16. EQUAL OPPORTUNITY COMPLIANCE:

PSC - Lobbyist Services
December 2013 - December 2014 Page 3 of 4

 

The quali?ed consultant shall agree to abide by all Federal and State laws pertaining to equal employment
opportunity. In accordance with all such laws, the qualified consultant shall agree to assure that no person
in the United States shall, on the grounds of race, color, national origin, sex, age or handicap, be excluded
from employment with or participation in, be denied the bene?ts of, or be othenivise subjected to
discrimination under any program or activity performed under this agreement.

If the quali?ed consultant is found not to be in compliance with these requirements during the life of this
agreement, the quali?ed consultant shall agree to take appropriate steps to correct these de?ciencies.

NOTICE:

The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal
penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal
bribes, gratuities, and kickbacks.

The consultant agrees to abide by all Federal and State laws and rules and regulations, and executive
orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. If the
consultant is found to be not in compliance with these requirements during the life of this agreement, the
consultant agrees to take appropriate steps to correct these deficiencies and accept all responsibilities
thereof.

IN WITNESS THEREOF, the parties have executed this agreement.
New Mexico School for the Blind and Visually Impaired

1900 North White Sands Boulevard
Alamogordo, NM 88310

By:  7 45

Linda M. Lyle, Sup intendent Date

The Rutherford Group, LLC
1016 Monroe NE
Albuquerque, NM 87110

By:

 

 

Tom Rutherford Date

PSC - Lobbyist Services
December 2013 - December 2014 Page 4 of 4

 

New Mexico School for the Blind and Visually Impaired
1900 North White Sands Boulevard., Alamogordo, NM 88310
Phone: 1-575-437-3505 – Fax 1-575-439-4406
PROFESSIONAL SERVICES CONTRACT
Lobbyist Services
This AGREEMENT is made and entered into by the NEW MEXICO SCHOOL FOR THE BLIND AND
VISUALLY IMPAIRED (NMSBVI), hereinafter referred to as “NMSBVI”, and THE RUTHERFORD
GROUP LLC, hereinafter referred to as “consultant”.
1. SCOPE:
NMSBVI employs consultant to provide professional representation of and advocacy for the school’s
policies, projects and programs in advance of, during and subsequent to the legislative sessions of the
State of New Mexico more specifically described, but not limited to the following:
1) Consultant will provide assistance with all aspects of the process of securing state level funding;
including, but not limited to, instruction and general, capital outlay and any other funding deemed by
the NMSBVI to be in its best interest;
2) Consultant will be required to review and understand any and all legislation which may have an
impact on the NMSBVI and assist the NMSBVI with development and implementation of
appropriate strategies to deal with such legislation;
3) Consultant may be required to assist with the development, introduction and passage of legislation
deemed to be in the best interest of the NMSBVI;
4) Consultant will be responsible for understanding and communicating the needs and priorities of the
NMSBVI to the executive branch of State government including, but not limited to, Department of
Finance and Administration and State Budget Division; and to the legislative branch of State
government, including, but not limited to, Legislators, legislative committees, analysts and staffs;
5) Consultant will be required to communicate the needs and priorities of the NMSBVI to any other
State agencies deemed necessary including, but not limited to, the Higher Education Department
and the Public Education Department. The consultant will convey the opinions and positions of any
and all of these agencies and individuals to the administration of the NMSBVI;
6) Consultant will provide timely telephone and/or electronic mail updates to the NMSBVI
Superintendent;
7) Consultant will set up meetings between the Superintendent and targeted State leadership, and will
notify the Superintendent, in a timely manner, of opportunities to speak to committees, etc. as
needed;
8) Consultant will provide weekly communication to the NMSBVI Superintendent of all activities and
results during the legislative session;
9) Consultant will attend all meetings of the NMSBVI Board of Regents as reasonably requested by
the NMSBVI Superintendent;
10) Consultant will complete in a timely fashion all forms and reports required of lobbyists by the State
of New Mexico and other relevant jurisdictions and provide a copy of such to the NMSBVI
Superintendent;

PSC – Lobbyist Services
December 2014 - December 2015

Page 1 of 4

 11) Consultant will comply with State and Federal governing regulations to include, but not be limited to,
the State of New Mexico Lobbyist Regulation Act.
Consultant will follow the self-written Plan of Action for accomplishing the above requirements. The plan
includes activities in advance of, during and subsequent to the legislative sessions. In addition, the Plan of
Action will be considered the model during the term of the contract and any subsequent extensions to the
contract thereafter. Changes to the Plan of Action must be agreed up on and approved in writing by both
parties prior to implementation of change.
2. COMPENSATION:
Consultant will be compensated for services rendered in the amount of $42,600.00 plus New Mexico
Gross Receipts Tax per contract year. Consultant will bill NMSBVI in twelve (12) monthly installments as
outlined bellow:



January 2015 – March 2015 - $7,000 per month plus NMGRT;
April 2015 – December 2015 - $2,400 per month plus NMGRT.

Gross Receipts Tax shall be included on each monthly invoice as services are rendered. Payment shall
be made on the 15th day of each month upon timely presentation to NMSBVI of invoice listing billable
services.
3. TERM:
This agreement will remain in effect for the period of December 16, 2014 – December 15, 2015. In
accordance with State Procurement Code, 13-1-150, NMSA 1978, this agreement may be extended
annually, upon the approval of both parties, for up to a period of four years of service. Compensation for
this agreement may be renegotiated at each annual extension.
4. TERMINATION:
This agreement may be terminated for any reason by NMSBVI or the consultant upon written notice
delivered to the other party at least thirty (30) calendar days prior to the intended date of termination. By
such termination, neither party may nullify obligations already incurred for performance or failure to
perform prior to the date of termination.
5. STATUS OF CONSULTANT:
The consultant, and his agents and employees, are independent consultants performing professional
services for NMSBVI and are not employees of the State of New Mexico. The consultant, and his agents
and employees, shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other
benefit afforded to employees of the State of New Mexico or NMSBVI as a result of this Agreement. The
consultant acknowledges that all sums received hereunder are reportable for income tax purposes as
business income.
6. ASSIGNMENT:
The consultant shall not delegate any duties under this agreement, assign or transfer any interest in this
agreement or assign any claims for money due or to become due under this agreement without the prior
written approval of NMSBVI.
7. SUBCONTRACTING:
The consultant shall not subcontract any portion of the services to be performed under this contract
without the prior written approval of NMSBVI.
8. RELEASE:

PSC – Lobbyist Services
December 2014 - December 2015

Page 2 of 4

 The consultant, upon final payment of the amount due under this agreement, releases NMSBVI, its Board
of Regents, its officers and employees, and the State of New Mexico from all liabilities, claims and
obligations whatsoever arising from or under this agreement. The consultant agrees not to purport to bind
NMSBVI to any obligation not assumed herein by the NMSBVI, unless the consultant has express written
authority to do so, and then only within the strict limits of that authority.
9. CONFIDENTIALITY:
Any confidential information provided to or developed by the consultant in the performance of this
agreement shall be kept confidential and shall not be made available to any individual or organization by
the consultant without the prior written approval of the NMSBVI unless directed by professional and legal
standards. Likewise, NMSBVI and the consultant may have appropriate access to each other’s related
records as required by professional and legal standards to meet their respective responsibilities.
10. PRODUCT OF SERVICES - COPYRIGHT:
All materials developed or acquired by the consultant under this agreement shall become the property of
the State of New Mexico and shall be delivered to the NMSBVI no later than the termination date of this
agreement. Records maintained by the consultant in compliance with professional and legal standards
are exempt from this restriction. Nothing produced, in whole or in part, by the consultant under this
agreement shall be the subject of an application for copyright, or on behalf, of the consultant without the
prior written approval of NMSBVI.
11. CONFLICT OF INTEREST:
The consultant warrants that he presently has no interest, and shall not acquire any interest, direct or
indirect, which would conflict with the performance of services required under this agreement. The
consultant shall comply with the provisions of Section 10-16-12 NMSA 1978 which require disclosure in
writing to the Office of the Secretary of State of the receipt of more than five thousand dollars in the
aggregate from one or more state agencies in any one twelve-month period through rendering
professional services.
12. AMENDMENT:
This agreement shall not be altered, changed or amended except by instrument, in writing, executed by
the parties hereto.
13. SCOPE OF AGREEMENT:
This agreement incorporates all the agreements, covenants, and understandings between the parties
hereto concerning the subject matter hereof, and all such covenants, agreements and understandings
have been merged into this written agreement. No prior agreement or understandings, verbal or
otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this agreement.
14. APPLICABLE LAW:
The laws of the State of New Mexico and applicable Federal law and regulations shall govern this
agreement.
15. WAIVER:
The contract shall contain a provision that states that no waiver or any breach of the contract’s terms or
conditions thereof, shall be held to be a waiver of any other or 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.
16. EQUAL OPPORTUNITY COMPLIANCE:

PSC – Lobbyist Services
December 2014 - December 2015

Page 3 of 4

 The qualified consultant shall agree to abide by all Federal and State laws pertaining to equal employment
opportunity. In accordance with all such laws, the qualified consultant shall agree to assure that no person
in the United States shall, on the grounds of race, color, national origin, sex, age or handicap, be excluded
from employment with or participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity performed under this agreement.
If the qualified consultant is found not to be in compliance with these requirements during the life of this
agreement, the qualified consultant shall agree to take appropriate steps to correct these deficiencies.
NOTICE:
The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal
penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal
bribes, gratuities, and kickbacks.
The consultant agrees to abide by all Federal and State laws and rules and regulations, and executive
orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. If the
consultant is found to be not in compliance with these requirements during the life of this agreement, the
consultant agrees to take appropriate steps to correct these deficiencies and accept all responsibilities
thereof.
IN WITNESS THEREOF, the parties have executed this agreement.
New Mexico School for the Blind and Visually Impaired
1900 North White Sands Boulevard
Alamogordo, NM 88310

By:
Linda M. Lyle, Superintendent

Date

The Rutherford Group, LLC
1016 Monroe NE
Albuquerque, NM 87110

By:
Jeremy Rutherford

PSC – Lobbyist Services
December 2014 - December 2015

Date

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