From: Subject: Date: To: Justin Howalt jhowalt@enmwua.com Public Records Request for ENMWUA November 20, 2015 at 12:00 PM fish@nmindepth.com Ms. Fish, Per your request for the contracts and payments related to state and federal lobbying on the Authority's behalf in 2014 and 2015 I have the following information for you. The Authority made payments to Capitol Consultants LLC., for federal lobbying, totaling $67,951.05 in fiscal year 2014 and $63,731.89 in fiscal year 2015. Furthermore, the Authority made payments to Thompson Consulting, LLC., for state lobbying, totaling $64,200.00 in fiscal year 2014 and $63,850.00 in fiscal year 2015. The totals for these services include New Mexico Gross Receipts Tax. I have also attached the 2015 contracts for each of these firms. Thanks, Justin Justin A. Howalt, P.E. Executive Director 809 Parkland, Suite A Clovis, NM 88101 575.749.7265 2015 Thompson Consulting.PDF 2015 Capitol Consultants.PDF Contract for Services Services Services: John Ryan of Capitol Consultants LLC (Capitol Consultants) shallprovide advocacy services in support of the Eastern New Mexico Water Utility Authority's (ENMWUA) federal legislative goals. Term: ConsultantshallprovidetheservicesfromJanuaryl,20l5toDecember3l,20l5. Scope of Work In close coordination with ENMWUA, Mr. John Ryan willadvocate to secure direct federal appropriations to support the design, plan, and construction of the ENMWUA. This will include the cultivation of positive relationships with the New Mexico Congressional delegation, the Administration and key staff on the authorizing and appropriations committees with jurisdiction over rural water related projects. On behalf of and in close coordination with ENMWUA, Mr. Ryan execute a federal advocacy plan and strategy including: . . . . '. will develop and Managing the ENMWUA federal legislative agenda Advocating for federal funding in the appropriations process; Securing and conducting meetings with the New Mexico Congressional Delegation, key committee staff in Congress and officials in the Administration; Secure opportunities to testiff before relevant committees in Congress; Provide ongoing assessment of political context and dynamics of evolving issues; Provide regular updates to ENMWUA representatives; and, Mr. Ryan may also engage in other activities as mutually agreed upon. However, he will not engage in any state legislative advocacy and all activities will be directed towards the federal legislative agenda. Payment Payment: ENMWUA shall pay CapitolConsultants the following amqunt: $55,000 per annum for services at $4,583.33 a month * Expenses not {o exceed $4,950. Expenses: ENMWUA shall reimburse Capitol Consultants for actual expenses up to the following reasonable expenses. Alltrips willbe coordinated with ENMWUA. Travel, lodging, and meal expenses related to work performed on behdlf of ENMwuA, estimated travelcosts of not to exceed $4,950. Three trips to Washington DC. o CAPITOL CONSULTANTS . 1020 Salamanca StreetNW, Albuquerque, NM 87107 (505) 23 8-3 733 . iohnshrisryan@yahoo.com Page I of2 Contract for Services Time and Manner: ENMWUA shall pay and reimburse Consultant in the following time and manner: $55,000 will be paid in monthly installments of $4,583.33 or pro-rated accordingly. Capitol Consultants will invoice at the end of each project month. Monthly billing may be done by email. Actual expenses with original receipts willbe submitted for reimbursement. Total reimbursement for expenses is not to exceed $4,950. All payments of invoices will be made within 30 days of submittal. This Contract shall constitute the entire Agreement between ENMWUA and Capitol Consultants herein. If any provision of this Contract is invalid such invalidity shall not affect the enforcement of the remaining Terms of this Contract. Consultant obligations under this Contract shall commence on the effective date specified herein. Either Party can terminate this Contract with a 30-dav written notice, Parties agree.to the Terms and Conditions of the above ENMWUA Consultants, LLC CAPITOL CONSULTANTS . 1020 Salamanca streetNW, Albuquerque, NM 97107 (505) 238-3733. Paee2 oo.com ofZ Thls Agrcoment ls entered lnto by THOIIPSON CONSULTING, LLC" (,,Consultant,'t and The Eastern New tlaxlco Water Uttttty Authortty (Authorltyl. '!. T_erm: This Agreement is effective as of January 1, 2015 and will continue until April 30, 2016, OeCgUe*- B, Zor5 2. Scope: Consultant will provide the services, including any reports, documentiation and/or other deliverables (the "Services") described in Exhibit n attachid io ano made a pail of this eement does not commlt the Authority to purchase any minimum quantity of Itiant or restrict the Authorities right to retain others to perform thd sami or 3" Tlme ls Of The Ecaonce: Consultiant will perform Services prompuy and will meet all time commitmenls. Consultant agrees that this is a material term of this Agreement. 1. Independent Gontnctor: Consulbnt is engaged in an independent business and will perbrm the obligations pursuant to this Agreement ai an independent contractor and not as the agent or employee of the Authority. Compllance with Lawe: Consultant will, at own expense, obtain all permits and 9' licenses, pay all fees, and compty with allfederal, tribal, state anO local laws, ordlninces, rules, regulations and orders appllcable to Consultants performance under this Agreement. 6. Advertislng and Publlclty: Neither party will use the other party's names or marks, in any press release, or news media interview without the prior permission of the other party. Termlnatlon For Gonvenience; Cancellation: Authority or Consultant may terminate this Agreement, in whole or in part, for its convenience upon seven days prior noibe. Upon such nent of the monthly fee estabtished in Exhibit A if necessary, for the percentage of days that 7- Notlces: Any notices required under this Agreement will be sent to the address stated herein. Consultant representrative will be Joe Thompson at PO Box22}g2,ruUuquerqui, tttvt 87154. Govemlng Law: Thls Agreement will be governed 9: Mexico without reference to its choice of law rules. Initial Authority __ Initial Consultant by the laws of the State of New Il,ts$"riiiiH3il: ro be resarv bound, have caused rhre Agreemenr ro be exeeuted on rhe WATER UTILITY Date; Initial Authority Initial Consultant EXHIBIT A rO SHORT FORi/I CONSULTANT AGREEMENT Purpose: Assist in the execution of governmental actions favorable to the Authority. Scope of Services: Consultant will provide the following Services to the Authority: 1. 2. 3. Develop and improve relstionship/credibility for the Authority with Executive officials and designated staff. Develop and improve relationship/credibility for the Authority with state legislators and stafr. Seek the approval of governmental actions and instruments favorable to the Authority. 4, Provide advice and counsel to members snd Authority staff on strategic approrches to rccomplish the above. Sewlce Sltee: Services will be performed at the bllowlng locations: In various governmential offtces in Santra Fe, NM, in other State, municipal, county or federal offices or other sites where conducive to do business wilh officials of such offlces. Labor, Tools, Equlpment and Matedals: Consultant will be responsible for supplying all labor, bols, equipment and material necessary to provide the Services, irrcluding any licenses, bonds, permlts, or other items required for Consultiant to perform Services. Serylce Fees & Expenses: Consultant will be paid for Seruices in accordance with the Fee schedufe setbrlh below' Fee Schedule: The Auhority will pay Consultan {