141 East DeVargas Street, Santa Fe, New Mexico 87501
http://www.emnrd.state.nm.us/YCC/index.htm
CALENDAR YEAR 2008/FISCAL YEAR 2009
REQUEST FOR PROPOSAL
The APPLICATION can be found on the
Youth Conservation Corps web page:
http://www.emnrd.state.nm.us
APPLICATION DEADLINE:
Hard copy Applications must be received no later
than 4 p. m., MDT, Thursday, August 2, 2007.
Read the Request for Proposal (RFP) carefully. Both the RFP and the Application are on the
Youth Conservation Corps (YCC) website: http://www.emnrd.state.nm.us. The RFP and
Application will be posted on the website May 1, 2007. Applicants must use the web based
electronic application when applying for a YCC grant and must submit a complete/correct,
signed original Application and 12 copies to 141 East DeVargas Street, Santa Fe, New Mexico
87501 by the application deadline. No faxed or emailed responses will be accepted.
Successful Applicants may be required to obtain signatures from partners or property owners, DO NOT WAIT TO THE LAST MINUTE to complete your web-based electronic Application, or
you may be unable to obtain the needed signatures for the application to be submitted by the
deadline above.
FUNDING DECISION ANNOUNCED:
announced prior to November 30, 2007.
Funding Decisions will be
NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION
REQUEST FOR PROPOSAL
PROJECT START DATE:
No earlier than January 1, 2008
TABLE OF CONTENTS
I.
Introduction
3
II.
Eligible Applicants
3
III.
Scope of Work
3-4
IV.
Project Location Requirements
4
V.
Corps Member Requirements
4-5
VI.
Contract Term and Duration
5-6
VII.
Proposal Evaluation Criteria
6-7
VIII.
Proposal Application Procedure
7-8
IX.
Notices
8-9
X.
Attachments
9-36
2
NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION
REQUEST FOR PROPOSAL
I.
INTRODUCTION
The Youth Conservation Corps Commission (Commission) requests proposals for public
projects to be implemented pursuant to the New Mexico Youth Conservation Corps Act
(Act), NMSA 1978, Sections 9-5B-11 and 11.2.171 NMAC that employ youth between
the ages of 14 to 25 (Corps members) to conserve New Mexico’s natural resources and
provide community benefits of lasting value. A YCC Project (Project) is an activity that
can be completed in six months or less; results in a specific identifiable product or
service that otherwise would not be accomplished with existing funds; does not duplicate
the sponsor organization’s (Applicant) routine services or functions; and provides a
balanced work and learning program in which Corps members learn environmental
awareness and work skills primarily though meaningful work activities on public lands or
facilities. There is approximately two million two hundred thousand dollars
($2,200,000.00) available for grants in FY09 that will be awarded in October 2007.
Applications will be accepted for two categories: 1) Projects located in urban
Metropolitan Statistical Areas (MSAs), which include Bernalillo, Sandoval, Valencia,
Dona Anã, Los Alamos, Santa Fe, and San Juan counties; and 2) Projects located in all
other counties (rural counties). The funding will be equally distributed between the two
categories. If money in either category is left over after the Commission evaluates the
applications, and awards grants in that category, the Commission may use the
remaining amount for grants in the other category. The Commission will not fund
applications that request more than $150,000.00 or applications where there is
less than 70% of the grant request in the wages line item. (See the Section 4Budget for the formula to determine percent of grant in wages.)
II.
ELIGIBLE APPLICANTS
This Request for Proposals (RFP) is directed only to local units of government, state
agencies, federal agencies, non-profit organizations (those exempt from federal income
tax as described in 501(c) of the United States Internal Revenue Code), and federally
recognized Native American tribes.
III.
SCOPE OF WORK
Applicants’ proposed Projects shall:
 Preserve, maintain, and enhance natural resources by protecting air, fish, forest
land, water, and wildlife;
 Rehabilitate and improve cultural, historic sites, libraries, museums, parks, parkways,
refuges, trails, zoos, and other recreational and natural areas;
 Benefit recreational areas and parks by improving their use and access;
 Assist with emergency operations, including fires, floods, and rescue of lost or
injured persons;
 Beautify, improve, and restore urban areas;
 Renovate community facilities, including those for the elderly or indigent;
 Reinforce the “Keep New Mexico Beautiful” campaign; or
 Provide disaster relief, increase energy conservation and recycling, improve fire
prevention, beautify New Mexico highways, upgrade public lands and facilities,
revitalize urban areas, or further goals of community renewal or protection and
enhancement of natural resources.
3
NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION
REQUEST FOR PROPOSAL
Applicants shall provide educational opportunities that enhance Corps members’
educational abilities and attitudes, including but not limited to basic education, literacy,
and high school or equivalency diplomas as aligned to the New Mexico Benchmarks by:
 Providing training and reference materials;
 Coordinating with educational institutions for the awarding of academic credit of
competencies developed;
 Encouraging Corps members to improve educational competencies during nonworking hours through basic skills enhancement, high school equivalency
preparation, participation in skill training programs, or enrolling in accredited
institutions of higher education;
 Accessing the services available from schools, colleges, and all other agencies and
institutions of higher learning in New Mexico; and
 Encourage, when applicable and appropriate, the integration of the New Mexico
Public Education Department content standards.
Applicants shall ensure that all Project sites conform to appropriate state and federal
health and safety standards and requirements.
The following activities are prohibited in any Project:
 Participation by Corps members in the removal or cleaning up of any toxic or
hazardous waste or toxic or hazardous waste site; and
 Assignment of Corps members to general work activities such as, but not limited to,
routine lawn mowing, litter pick-up, custodial duties, and clerical tasks.
IV.
PROJECT LOCATION REQUIREMENTS
Applicants may undertake Projects on:
 Public lands, waters, or structures located within the State of New Mexico (state)
under the Applicant’s jurisdiction or in accordance with a written agreement between
the Applicant and the agency that has jurisdiction over the public lands, waters, or
structures;
 Lands, waters, or structures owned or administered by a non-profit entity or Native
American tribe (the Applicant), provided that the facilities are located within the state,
are open to the general public on a reasonable basis and there is a public value or
benefit to the project; or
 Lands, waters, or structures owned or administered by a non-profit organization or
Native American tribe in accordance with a written agreement between the Applicant
and the non-profit entity or Native American tribe, provided that these facilities are
open to the general public on a reasonable basis, there is a public value or benefit to
the project, and the facilities are located within the state.
V.
CORPS MEMBER REQUIREMENTS
Corps members shall be individuals who meet the eligibility requirements described
below. Corps members shall be Applicant’s employees, and paid through Applicant’s
payroll. Crew leaders shall be Corps members at least 18 years of age who serve in a
leadership position and not be paid more than $2/hour above the highest paid Corps
member. At least 70% of the grant requests shall be in wages for Corps members and
4
NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION
REQUEST FOR PROPOSAL
crew leaders. Crew supervisors are Applicant’s employees who are responsible for the
Project’s daily work site operations. The Applicant contributes Crew Supervisor wages
or volunteer hours, which can be used as an in-kind contribution. Trainers’ wages may
be paid through the Training/Education line item.
Applicant shall hire Corps members who, at the first day of work, are:




Unemployed;
A New Mexico resident (has resided in New Mexico for at least six months);
In-school or out-of-school youth; and
For summer and seasonal projects, are between the ages of 14 and 25 years of age
or:
 For the residential programs, are not less than 16 or more than 25 years of age.
Applicants shall document that the individuals they hire as Corps members meet these
requirements. YCC may review employment applications to determine whether the
Applicant meets these eligibility requirements. Applicants shall not discriminate against
any employee, Corps members or potential Corps member because of the individual’s
race, color, religion, ancestry, sex, national origin, sexual orientation, gender identity,
handicap, or disability.
Terms and conditions of successful Applicant’s employment of Corps members:
 Applicants shall compensate Corps members as provided by law;
 Applicants shall pay Corps members, at least, the State of New Mexico hourly
minimum wage as their starting salary. Applicants may increase Corps member
salaries, subject to YCC staff notification, up to an additional 10 percent of starting
wage based upon promotion, additional responsibilities, or performance;
 The length of a Corps member’s service for which a Corps member may be enrolled,
including the total duration of all projects in which the Corps member participated,
shall not exceed 24 months;
 Applicants shall not hire Corps members as “contract” employees;
 Applicants may dismiss Corps members from employment with or without cause
upon 24 hours notice; and
 At a minimum, Applicants shall cover Corps members with workers compensation
and general liability insurance.
While the YCC Project may involve both in-school and out-of-school youth, the Project is
intended to contain the following characteristics, to the maximum extent possible:
A representative mixture of youth of both sexes within the recruiting area from
various social, economic, ethnic, and racial backgrounds;
An enrollment of size sufficient to permit group learning and social interaction (at
least four individuals); and
Crews that are easily recognized as members of the Youth Conservation Corps,
regardless of the Applicant’s identity.
5
NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION
REQUEST FOR PROPOSAL
VI.
CONTRACT TERM AND DURATION
The type of project – summer projects which may occur only during the months of June,
July, and August; seasonal projects, which may be operated at any time of the year and
are six months or less in duration; or residential projects operated by the YCC
Commission with Corps members who are between the ages of 16 to 25 and are six
months or less in duration – determines the contract’s duration. The contract period
extends from the date of contract approval by the Department of Finance and
Administration, or for Governmental Services Agreements, when the YCCC issues a
letter to proceed.
VII.
PROPOSAL EVALUATION CRITERIA
Mandatory Requirements (failure to meet these requirements will be
considered non-compliance with the RFP):
 The Application budget request shall not be over $150,000.00;
 At least 70% of the grant request shall be for wages. (wages line
item/total grant request); and
 A signed and dated Statement of Assurances.
The YCC Commission shall rate Applications on the following criteria:
Applicant Information Page
5 points
Attachment 1 (Attach at the end of Application)501(c)(3) letter (if applicable) included and
Campaign Disclosure Form (if applicable)
Work Plan Compliance
25 points
Resumes, Maps, Design Plans, Easements
(if applicable), attach at the end of the Application
as “Attachment 2”.
Education and Training
-Industry Certification, Credit Hours, Continuing
25 points
Education Certifications
(i.e. defensive driving, First Aid/CPR;
S-130/190-Fire Fighting) (10 points)
-General training (i.e. work ethics, job skills,
harm reduction classes, conflict resolution,
construction skills) (15 points)
Budget
Workshop Attendance
Past Contract Performance:
25 points
5 points
15 points
Project and Education Completion
Contract Compliance
Quality of Reimbursements
Communication
Poor(0)
Poor(0)
Poor(0)
Poor(0)
Fair (2.5)
Fair (2.5)
Fair (2.5)
Fair (2.5)
Good (3.75)
Good (3.75)
Good (3.75)
Good (3.75)
(First time applicants will receive the full 15 points)
Total Points Available: 100
6
NEW MEXICO YOUTH CONSERVATION CORPS COMMISSION
REQUEST FOR PROPOSAL
VIII.
PROPOSAL APPLICATION PROCEDURES
If an Applicant finds discrepancies, omissions, or ambiguities in the RFP, the Applicant
shall notify the YCC staff immediately at Youth Conservation Corps 141 East DeVargas
Street, Santa Fe, and New Mexico 87501 or by telephone at (505) 827-1437 or 8271438. YCC staff shall send written corrections or explanations to all Applicants.
Applicants shall not rely upon oral representation or instructions. The Application must
not add to, subtract from, or otherwise substantially change the provisions stated in the
RFP and if it does the YCC Commission will not consider the Application for funding.
The Applicant must certify that all entities and individuals responsible for authorizing the
Applicant's activities have agreed that its Application should be submitted as written. A
representative who has the authority to legally bind the Applicant must sign the
Statement of Assurances or the Application shall not be accepted.
The Application must be complete to be considered for review. The RFP and
Application are located on the YCC web page http://www.emnrd.state.nm.us. Applicants
should carefully review the RFP, and then access the Application. Detailed directions for
completing the Application are incorporated into the Application form itself. Follow the
directions to complete and submit the Application by the due date.
Applicants with questions regarding this RFP may contact the YCC office at (505)
827-1437 or (505) 827-1438.
If an Applicant is representing a private entity, it must also complete and submit the
Contractor Campaign Contribution Disclosure Form (Attachment D) with its Application.
YCC staff will lead five “Writing a YCC Grant Application” workshops in various locations
around the state. This Application is now in a web-based format. The workshop will
also cover how to use this new format. The YCC Commission and staff strongly
recommend that Applicants attend one of these workshops. Those organizations
attending the Workshop will receive 5 points. The locations, dates, and times are as
follows:
Friday, May 4
9:00 am to 3:00 pm
Marshall Building Computer Room
1500 Walters Street
Albuquerque, NM
Elephant Butte Lake State Park
Truth or Consequences, NM
Friday, June 8
9:00 am to 1:00 pm
Roswell Adult Center Computer Lab
807 N. Missouri
Roswell, NM
Thursday, May 10
9:00 am to 3:00 pm
State Land Office
310 Old Santa Fe Trail
Santa Fe (Park at PERA Bldg at
Paseo de Peralta and Old Santa Fe
Trail)
Tuesday, June 12
9:00 am to 3:00 pm
Farmington Municipal Schools
Central Office
2001 N. Dustin Ave. (20th and
Dustin)
Farmington, NM
Tuesday, June 5
9:00 am to 3:00 pm
Richard Cooper Training Center
7
Thursday, June 14
9:00 am to 3:00 pm
Aldo Leopold High School
1422 HWY 180 East (behind the Burger King, next to the Grant County Administration
Building)
Silver City, NM
Application deadline is 4 p. m., MDT, August 2, 2007. Potential Applicants shall send an
original and 12 copies of the Application to:
Address:
Wendy Kent/Darlene Valdez
New Mexico Youth Conservation Corps
141 E. De Vargas Street
Santa Fe, New Mexico 87501
(505) 827-1437 or (505) 827-1438
An original and 12 copies with all signatures and dates of a complete Application must
be physically received by the deadline stated above or the Application shall not be
accepted. Faxed, incomplete, or e-mailed copies shall not be accepted. The YCC
Commission will not award an Application if its implementation will result in the
displacement of currently employed workers, including a partial displacement, such as a
reduction in hours or benefits. Successful Applicants shall not terminate, lay off, or
reduce the working hours of any employee in order to use a Corps member to perform
the employee’s duties.
The “Mandatory Document” section includes the Statement of Assurances. The
YCC Commission will not accept the Application if the Applicant does not sign the
Statement of Assurances, if the Grant Application Request is over $150,000 or
there is less than 70% of the Grant Application Request in Wages for Corps
members. The Application will receive fewer or no points for Section 1 if the Applicant
does not fully and correctly complete the Additional Information page and attach the
501(c)(3) letter (if applicable). The 501(c)(3) letter should be attached at the end of the
application as “Attachment 1”).
The Application must be complete to be considered for review. The RFP and
Application are located on the YCC web page http://www.emnrd.state.nm.us. Applicants
should carefully review this RFP, and then access the Application. Besides the
information found in the RFP, detailed directions for completing the Application are
incorporated into the Application form itself. Follow the directions to complete and
submit the Application by the due date. The signed original and 12 copies of the
application are the official format in applying for the YCC Grant. These hard copy
documents must be in the YCC office no later than 4 p.m., MDT, Thursday, August 2,
2007.
Applicants with questions regarding this RFP or the Application may contact the YCC
office at (505 ) 827-1437 or (505) 827-1438.
IX.
NOTICES
Awarding of agreements is contingent upon sufficient appropriations and authorization
by the Legislature of the State of New Mexico to carry out the Act's purpose.
In addition, if a proposed Project will take place on non-trust state lands, tribal lands, or
federal lands, and may substantially alter a tribe’s social, cultural, or economic character,
an award is contingent upon the YCC Commission consulting with the affected tribes
pursuant to Executive Order No. 2005-003. Applicants that are state agencies subject to
Executive Order No. 2005-003 and have already completed tribal consultation on a
proposed Project are encouraged to provide documentation to the YCC Commission
with their Application. If a proposed Project will take place on tribal land, the tribe may
provide a letter with its Application or its permission for the Project to occur on tribal land
stating that it consents to the Project and waives tribal consultation.
The YCC Commission reserves the right to cancel this RFP or reject any or all
Applications at any time if it considers such to be in the state's best interest.
The Procurement Code, NMSA 1978, Sections 13-1-8 through 13-1-199, imposes civil
and criminal penalties for its violations. In addition, New Mexico criminal statutes
impose felony penalties for bribes, gratuities, and kickbacks.
The YCC Commission may enter into discussions with Applicants who submit
Applications being considered for award, but may select Applications without such
discussions.
Applicants must factor in Gross Receipts Tax (GRT) or Governmental Gross Receipts
Taxes (GGRT) costs, where applicable, as part of their Application. Any response that
does not clearly indicate GRT or GGRT is included in the budget section may be
deemed non-responsive and rejected.
Applicants are encouraged to submit as many Applications as they determine necessary
in a funding cycle. However, the YCC Commission reserves the right not to award
multiple grants to a single Applicant if the YCC Commission feels it is in the State of New
Mexico and its citizens' best interest to distribute the funds in a more geographical
manner. If the YCC Commission has more than one funding cycle in a year and an
Applicant has received funding in a prior cycle, the YCC Commission reserves the right
not to fund the Applicant in the next cycle.
X.
ATTACHMENTS
Attachment A – Application Checklist (The YCC Application is found on the YCC
Web Page at: http://www.emnrd.state.nm.us.
Attachment B – Possible Resources
Attachment C - GSA and PSA boilerplate
Attachment D - Contractor Campaign Contribution Disclosure Form
Rev. 02-15-07
9
ATTACHMENT A
YCC APPLICATION CHECK LIST
This checklist is intended to assist the Applicant in ensuring all sections are completed fully and
correctly.
Is the YCC form used?
Mandatory Section 1A - Is the Statement of Assurances signed and dated?
The Application request does not exceed $150,000.00?
Is at least 70% of your total grant request in the Wages Line Item? (formula; wages line item /
total grant request)
Section 1 – Applicant Information Page
Is all the requested information provided (are all the fields filled out)? To find your New Mexico
House and Senate districts, log on to the New Mexico Legislature webpage or contact your local
county clerk's office or the Secretary of State's office.
Have you attached the 501 (c) 3 Internal Revenue Service Letter, where applicable as
Attachment 1?
Section 2 - Work Compliance
Have you identified each location where the Corps members will be working?
Have you identified each work project taking place at each location?
Have you provided detailed information under each task so that the YCC Commission will
understand the process to complete the work project?
Have you provided the numerical measurement describing the task that will be completed?
(Examples are; two miles of trail, 15 acres to be thinned, construct a landscape bed that is 15' x
10' x 5')
Have you obtained the needed signatures from the property owners' official representatives?
If you are working on private land have you obtained a legal easement for the Project to take
place and for public access after the Project is complete?
Resumes; Maps/Design Plans; Easements; Financial Disclosure Form
Have you attached resumes for individuals that will be working closely with the program?
Have you attached maps/and or design plans of the YCC projects you will be implementing?
If the YCC project will be taking place on property not owned by the applicant and is consider
“private property”, are easements between the property owner and the Applicant in place?
All of these documents should be placed at the end of the Application as Attachment 2.
If you are a non-profit, have you filled out the Financial Disclosure Form and attached it to the
application?
Alternative Work Plan
If inclement weather or other unforeseen circumstances occur, have you identified alternative
work plans and the tasks associated with the work plans?
Have you ranked them in order of priority?
Benefit to the Community
Have you described, in detail, the benefits this YCC Project will provide to your community and
why it will be of lasting value?
Rev. 02-15-07
10
Section 3 - Education and Training
Have you identified the title of the class/on-the-job training?
Have you identified who will be paying for the class/on-the-job training?
Have you identified the provider of this class/on-the-job training?
Have you listed in detail the kinds of skills the Corps members will learn from taking this
class/on-the-job training?
If the class/on-the-job training will be an in-kind contribution, has the provider signed and dated
the appropriate Certification Statement Form?
Have you identified whether the Corps members, after participating in this class/on-the-job
training, will be able to earn a license, credit hours, and certification in CPR/First aid, fire
fighting, or industry certificate or other types of trainings?
Section 4 - Budget
YCC Wages Line Item (Table 1A)
Is at least 70% of your total grant request in the Wages Line Item?
Have you filled out this form correctly?
Did you use a calculator to arrive at the numbers you put in the fields?
If requesting reimbursement for unemployment, did you provide the percentage rate?
Applicant/Partner Contribution Wages Line Item (Table 1B)
Have you identified the individual positions that will be providing services for the YCC Project?
If using unemployment costs as an in-kind contribution, did you provide the rate?
Have the appropriate individuals or agencies signed and dated a Certification Statement Form?
YCC Workers Compensation Line Item (Table 2A)
Did you use the total Gross Wage (from Table 1A) for the calculation?
Did you provide the Workers Compensation percentage rate?
Applicant/Partner Contribution Workers Compensation Line Item (Table 2B)
Did you use the total Gross Wage (from Table 1B) for the calculation?
Did you provide the Workers Compensation percentage rate?
Have the appropriate individuals or agencies signed and dated a Certification Statement Form?
Educational Class/On-the-Job Training Line Item (Table 3A)
Have you identified the training to be provided and all other details to document how you arrived
at the total for each line?
Are you willing to pay gross receipts taxes or governmental gross receipts taxes, if required by
law? If so, check the "yes" box.
Applicant/Partner Contribution Educational Class/On-the-Job Training Line Item (Table 3B)
Have you identified the training to be provided and all other details to document how you arrived
at the total for each line?
Are you willing to pay gross receipts taxes or governmental gross receipts taxes, if required by
law? If so, check the "yes" box.
Have the appropriate individuals or agencies signed and dated a Certification Statement Form?
Suggested resources may be found in this RFP. The resources listed are not all inclusive.
Supplies/Equipment/Miscellaneous Line Item (Table 4A)
Have you identified the item to be purchased and all other details to document how you arrived
at the total for each line?
Are you willing to pay gross receipts taxes or governmental gross receipts taxes, if required by
Rev. 02-15-07
11
law? If so, check the "yes" box.
The YCC Commission will not approve purchases that the Commission considers capital outlay
items such as tool sheds, computers, vehicles, trailers, and other items similar to these
mentioned. The YCC Commission will not support the purchase of tangible property costing
more than $500.
Applicant/Partner Contribution Supplies/Equipment/Miscellaneous Line Item (Table 4B)
Have you identified the training to be provided and all other details to document how you arrived
at the total for each line?
Are you willing to pay gross receipts taxes or governmental gross receipts taxes, if required by
law? If so, check the "yes" box.
Have the appropriate individuals or agencies signed and dated a Certification Statement Form?
Rev. 02-15-07
12
ATTACHMENT B
POSSIBLE RESOURCES
This list is intended to provide the Applicant with possible resources that may assist in the
implementation of their YCC project. The organizations on this list are not the only resources
available. The Applicant should also consider other avenues to obtain needed resources.
Natural Resources
United States Forest Service-Ranger Districts
New Mexico Energy, Minerals and Natural Resources Department, Forestry Division
County Extension Agents
Xeriscape Council
Local Nurseries
United States Department of the Interior-National Parks Service and Bureau of Land
Management
CPR/First Aid Training
Local Fire Departments
American Red Cross
Fire Fighting Training
United States Forest Service- Ranger Districts
New Mexico Energy, Minerals and Natural Resources Department, Forestry Division
United States Department of the Interior-National Parks Service and Bureau of Land
Management
Local Fire Departments
New Mexico Content Standards and Benchmarks
For assistance with content standards and benchmarks contact the Public Education
Department’s Career Technical and Workforce Education Bureau at 505-827-1800.
Rev. 02-15-07
13
ATTACHMENT C
(Do not include Attachment C when submitting the Application.)
STATE OF NEW MEXICO
GOVERNMENTAL SERVICES AGREEMENT
BETWEEN THE
YOUTH CONSERVATION CORPS COMMISSION
AND
CONTRACTOR
THIS AGREEMENT is made and entered into by and between the State of New Mexico
Youth Conservation Corps Commission (YCCC) and the Contractor (Contractor).
THE PARTIES MUTUALLY AGREE:
1.
Scope of Work: The Contractor shall:
Establish a Youth Conservation Corps Project (the Project) in accordance with
the NMYCC Act. The Project shall be considered a Seasonal Project and be no longer than six
(6) months in duration, calculated from the first day a Corps member begins work. Contractor
shall not include preparation by crew leaders in the calculation for the beginning of the project.
See Attachment 1 (Sponsor Application) for details of Scope of Work to be performed by
Corps members and educational opportunities to be given to Corps members by Contractor.
YCCC may allow minor changes in the project, budget or in-kind sponsor
contribution (including, but not limited to, transfer of funds from one line item to another,
replacing a work project from the scope of work with an alternative project, change in sponsor
contribution amounts, or changes in materials provided) without requiring an Amendment to this
Agreement, provided that Contractor requests such changes in writing and the YCCC or its
Executive Director approves the request in writing. Decreases in the portion of the project’s
budget or the in-kind sponsor contribution designated as wages for YCCC members shall not be
allowed without a written Amendment to this Agreement.
Contractor shall make requests for reimbursement on the form provided as Attachment
2 (Request for Reimbursement) and must submit a written Project Status Report with each
reimbursement request. Contractor shall use the YCCC web-based reporting system (available
at https://www.emnrd.state.nm.us) and shall be required to use this reporting system throughout
the duration of this Agreement. Contractor shall provide an in-kind sponsor contribution of at
least $15,566.58, consistent with the following cost categories:
Wages/FICA/Unemployment
Workers Compensation
Training/Education
Supplies/Equipment/Miscellaneous
TOTAL
Contractor must contribute the amounts listed above, unless Contractor is unable to
contribute these amounts because of unforeseen circumstances and obtains written approval
Rev. 02-15-07
14
for a lesser or prorated amount from the Executive Director. Prepare In-Kind Sponsor
Contribution form/forms as provided as Attachment 3 (In-Kind Sponsor Match Form) outlining
Contractor’s contribution and submit with proper back-up documentation with each request for
reimbursement and prior to the submittal of the Final Request For Reimbursement. YCCC will
not process Final Request for Reimbursement until Contractor submits In-Kind Sponsor
Contribution Form/Forms.
The Project shall not begin until proper documentation has been sent to YCCC supporting
that permission has been obtained from all land owners or managers where the Project will take
place and the Executive Director has issued a letter to proceed.
Contractor shall hire Corps members who shall be considered employees of Contractor,
monitor all Corps members and Project activities to ensure compliance with the Project as
described in Paragraph 1.A., purchase and provide all tools and materials necessary for
implementation of the Project.
Contractor shall prepare and submit requests for final reimbursement within 45 days
after completion of the Project. NOTE: THE YCC PROJECT ENDS WHEN THE LAST CORPS
MEMBER IS RELEASED FROM EMPLOYMENT. Contractor must: 1) submit final Project
reports and final budget reports with the final request for reimbursement; 2) prepare and submit
in a timely manner any other information related to the Project as requested by YCCC or its
Executive Director; and 3) prepare and submit Corps member work performance evaluations
and Corps member survey forms at the end of a Corps member’s service. These forms are part
of the web-based reporting system and the Contractor shall complete them on-line.
Contractor shall provide supervision of Corps members while on the Project work site,
including substitutes, if crew leaders are absent and ensure the Project work site meets all
applicable state and federal health and safety standards and all state and federal labor laws.
2.
Compensation:
A.
YCCC shall pay Contractor for services rendered an amount not to
exceed ___________________________________ ($_________), which shall include New
Mexico Governmental Gross Receipts Taxes, if applicable, and travel pursuant to Paragraph
2.B. below. This amount is a maximum and not a guarantee that the work assigned to
Contractor under this Agreement to be performed shall equal the amount stated herein. YCCC
shall make payment upon the satisfactory and timely completion of the work described above in
Paragraph 1 and Attachment 1. Payment shall not relieve the Contractor of any unperformed
obligations under Paragraph 1. Contractor shall not be entitled to receive any payment unless
supported by appropriate billing statements and documentation as provided in Paragraph 2.D.,
below. YCCC MUST receive all invoices no later than fifteen (15) days after the termination of
the Fiscal Year in which the services were delivered. Invoices received after such date SHALL
NOT BE PAID. Reimbursement shall be consistent with the following Project cost categories:
Rev. 02-15-07
15
Wages/FICA/Unemployment
Workers Compensation
Training/Education
Supplies/Equipment/Miscellaneous
TOTAL
Payment of that total amount shall not relieve the Contractor of any unperformed obligations
under Paragraph 1. Contractor shall not be entitled to receive any payment unless supported
by appropriate billing statements and documentation as provided in Paragraph 2.D., below.
B.
YCCC shall pay such travel expenses as may be incurred in this
Agreement’s performance at the rates established in the New Mexico Per Diem and Mileage
Act, NMSA 1978, Sections 10-8-1, et seq. as implemented by the current Department of
Finance and Administration (DFA) rule and the current YCCC travel policy. Contractor must use
Attachment 4 (Vehicle Usage Form) to request reimbursement of travel expenses, if
applicable.
C.
Contractor shall be responsible for paying New Mexico Governmental
Gross Receipts taxes levied on amounts payable under this Agreement, if applicable.
D.
YCCC shall make all payments under this Agreement upon receipt of
detailed and certified statements evidencing to YCCC’s satisfaction each payment’s propriety.
Vouchers must be supported by approved purchase order or equivalent document and
supplier’s invoice. Wage amounts charged shall be based upon payrolls maintained by
Contractor and must be supported by time and attendance sheets.
E.
Contractor must submit detailed statements accounting for all services
performed and expenses incurred. Vouchers must be supported by approved purchase order or
equivalent document and invoice by the supplier, evidencing the propriety of each claim for
payment. Wage amounts charged shall be based upon payrolls maintained by Contractor and
must be supported by time and attendance sheet. If YCCC finds that the services are not
acceptable, within thirty days after the date of receipt of written notice from the Contractor that
payment is requested, it shall provide the Contractor a letter of exception explaining the defect
or objection to the services, and outlining steps the Contractor may take to provide remedial
action. Upon YCCC’s certification that the services have been received and accepted, payment
shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is
made by mail, the payment shall be deemed tendered on the date it is postmarked. However,
YCCC shall not incur late charges, interest, or penalties for failure to make payment within the
time specified herein.
3.
Term: This Agreement becomes effective on YCCC’s signature and shall terminate
on _____________, unless earlier terminated pursuant to Paragraph 4 or Paragraph 5, below.
4.
Termination: Either party may terminate this Agreement upon written notice
delivered to the other at least fifteen (15) days prior to the intended termination date. By such
termination, neither party may nullify obligations or duties incurred prior to the termination date.
If a party fails to fulfill this Agreement’s terms, after the other party provides written notice of the
failure to perform and an opportunity to comply, the notifying party may immediately terminate
this Agreement for breach of contract. These provisions are not exclusive and do not waive
Rev. 02-15-07
16
other legal rights and remedies afforded YCCC in such circumstances as contractor’s default or
breach of contract.
5.
Appropriations: This Agreement’s terms are contingent upon the New Mexico
State Legislature granting sufficient appropriation and authorization. If sufficient appropriation
or authorization is not granted, YCCC may terminate this Agreement, or in the alternative
suspend performance pending approval of sufficient appropriation or authorization, upon written
notice from YCCC to Contractor. YCCC’s decision as to whether sufficient appropriations are
available shall be final, binding and accepted by Contractor.
6.
Status of Contractor: Contractor and its agents and employees are independent
contractors performing professional services for YCCC and are not employees of YCCC or the
State of New Mexico. Contractor and its agents and employees shall not accrue leave,
retirement, insurance, bonding, use of state vehicles or any other benefit afforded to YCCC
employees by virtue of this Agreement. The Contractor agrees not to purport to bind the State
of New Mexico unless the Contractor has express written authority to do so, and then only
within the strict limits of that authority.
7.
Assignment: Contractor shall not assign or transfer any interest in this
Agreement or assign any claims for money due or to become due under this Agreement without
YCCC’s prior written approval.
8.
Subcontracting: Contractor shall not subcontract any portion of the services to
be performed under this Agreement or obligate itself in any manner to any third party, with
respect to any rights or responsibilities under this Agreement, without YCCC’s prior written
approval. YCCC may disallow costs incurred by the Contractor in relation to a subcontract if
Contractor does not obtain prior approval.
.
9.
Release: Contractor, upon final payment of all amounts due under this
Agreement, releases YCCC and its employees from all liabilities, claims and obligations
whatsoever arising from this Agreement. Contractor agrees not to purport to bind the State of
New Mexico to any obligation not assumed herein, without YCCC’s express written
authorization, and then only within the strict limits of that written authority.
10.
Acknowledgment: Contractor shall acknowledge YCCC as a co-sponsor and
funding source in all news releases, programs, proceedings and related publicity/publications for
the Project.
11.
Product of Services; Copyright: All materials developed or acquired by
Contractor under this Agreement shall become the State of New Mexico’s property and be
delivered to YCCC no later than this Agreement’s expiration date. Nothing Contractor
produces, in whole or in part, under this Agreement shall be the subject of a copyright
application or other claim of ownership by or on behalf of Contractor.
12.
Conflict of Interest: Contractor warrants that it presently has no interest in and
that it shall not acquire any interest, direct or indirect, which would conflict in any manner with
performance or other services required under this Agreement. Contractor certifies that the
requirements of the Governmental Conduct Act, NMSA 1978, Sections 10-16-1 through –18,
regarding contracting with a public officer or state employee have been followed.
13.
Rev. 02-15-07
Amendment: This Agreement shall not be altered, changed or amended except
17
by written instrument executed and approved by the parties hereto.
14.
Waiver: No waiver of any breach of this Agreement or any of the terms or
conditions hereof shall be a waiver of any other or subsequent breach; no waiver shall be valid or
binding unless the same be in writing and signed by the party alleged to have granted the waiver.
15.
Merger: 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 understanding, verbal or otherwise, of the parties or their agents shall be
valid or enforceable unless as embodied in this Agreement.
16.
Penalties for Violation of Law: The Procurement Code, NMSA 1978, Sections
13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the
New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.
17.
Equal Opportunity Compliance: Contractor 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. In accordance with all such laws of the
State of New Mexico, the Contractor assures that no person in the United States shall, on the
grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap,
or serious medical condition, spousal affiliation, sexual orientation or gender identity, 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
Contractor is found not to be in compliance with these requirements during the life of this
Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.
18.
Applicable Law: The laws of the State of New Mexico shall govern this
Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a
New Mexico court of competent jurisdiction in accordance with NMSA 1978, Section 38-3-1 (G).
By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the
courts of the State of New Mexico over any and all lawsuits arising under or out of any term of
this Agreement.
19.
Compliance with Funding Source Conditions: Contractor shall comply with all
applicable state and federal statutes and regulations imposed as a consequence of funding
pursuant to this Agreement.
20.
Insurance Coverage: Contractor shall provide YCCC a statement indicating that
the activities described in Paragraph 1, are covered by insurance as set forth below, secured in
accordance with any method allowed by applicable law, including self-insurance, pooling of selfinsured reserves or insurance provided by a third party, prior to commencing work under this
Agreement and in no case later than fifteen (15) days after this Agreement’s execution.
Contractor shall maintain continuous coverage of the activities described in Paragraph 1, so
long as this Agreement is in effect. Failure to maintain such coverage is reason for immediate
termination of this Agreement. Contractor shall notify YCCC prior to cancellation or expiration of
any insurance required under this Agreement.
A.
Worker’s Compensation protection that complies with the requirements of
the New Mexico Worker’s Compensation Act, NMSA 1978, Sections 52-1-1, et seq., if
Rev. 02-15-07
18
applicable. If the Contractor fails to comply with the Workers Compensation Act and applicable
rules when required to do so, this Agreement may be terminated by the Agency.
B.
Comprehensive public liability protection covering property damage and
personal injury liability that may arise under this Agreement and any amendments hereto, in
amounts equal or greater than liability limits set forth in NMSA 1978, Section 41-4-19, as it may
be amended from time to time.
21.
Records and Audit: Contractor shall maintain, for three (3) years, detailed
records which indicate the date, time, and nature of services rendered. Contractor shall permit
any authorized representative of YCCC, DFA and the New Mexico State Auditor to inspect and
audit all Contractor’s data and records relating to performance under this Agreement for three
(3) years after final payment has been made. Contractor further agrees to include in all
subcontracts hereunder the same right of inspection and audit of the subcontractor. The
inspection and audit periods may be extended for records which relate to litigation or settlement
of claims arising out of this Agreement’s performance and shall continue until all potential
litigation, appeals, claims or exceptions expire or are resolved.
22.
Liability: Neither party shall be responsible for liability incurred as a result of the
other party’s acts or omissions in connection with this Agreement. Any liability incurred with this
Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act,
NMSA 1978, Sections 41-4-1, et seq., as amended.
23.
Procurement, Utilization and Disposition of Property: Contractor shall report
acquisition of any capital property (property with an expected life of at least one year) to YCCC
within one (1) month following the acquisition. If upon termination of this Agreement Contractor
has any property in its possession belonging to YCCC, Contractor shall account for the property
and dispose of it as YCCC directs.
24.
Minimum Wage Rate: If applicable, Contractor shall comply with minimum wage
rates as established by the New Mexico Labor and Industrial Commission, and with all other
applicable requirements of that Commission, including posting of the wage rates in a prominent
location on the site for hiring and performing of this Agreement.
25.
Attorney’s Fees and Costs: Contractor agrees that if a court of competent
jurisdiction finds Contractor has breached this Agreement, or amendments hereto, or to have
committed any tortious act relating to this Agreement’s scope, YCCC may recover from
Contractor reasonable attorneys’ fees and costs in connection with litigation brought to obtain
the judicial determination.
26.
Invalid Term or Condition: If any term or condition of this Agreement shall be
held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be
valid and enforceable.
27.
Enforcement of Agreement: A party's failure to require strict performance of any
provision of this Agreement shall not waive or diminish that party's right thereafter to demand
strict compliance with that or any other provision. No waiver by a party of any of its rights under
this Agreement shall be effective unless express and in writing, and no effective waiver by a
party of any of its rights shall be effective to waive any other rights.
Rev. 02-15-07
19
28.
Authority: If Contractor is other than a natural person, the individual(s) signing
this Agreement on behalf of Contractor represent and warrant that he or she has the power and
authority to bind Contractor, and that no further action, resolution, or approval from Contractor is
necessary to enter into a binding contract.
IN WITNESS WHEREOF, the parties hereto have herein below executed this
Agreement.
STATE OF NEW MEXICO, YOUTH CONSERVATION CORPS COMMISSION
By:
Chair or Designee
Date:
CONTRACTOR
By:
Authorized Representative/Title
Date:
Attachment 1
Application
Attachment 2
Request for Reimbursement
Attachment 3
In-Kind Sponsor Match Form
Attachment 4
Vehicle Usage Form
Rev. 02-15-07
20
STATE OF NEW MEXICO
YOUTH CONSERVATION CORPS COMMISSION
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of New Mexico,
Youth Conservation Corps Commission (YCCC), and the Contractor, a New Mexico non-profit
corporation, (Contractor), and is effective as of the date set forth below upon which it is
executed by the Department of Finance and Administration (DFA).
IT IS AGREED BETWEEN THE PARTIES:
1.
Scope of Work.
A.
The Contractor shall perform the following work:
Establish a Youth Conservation Corps Project (the Project) in accordance with
the NMYCC Act. The Project shall be considered a Summer Project and take place in the
months of June, July and August. See Attachment 1 (Sponsor Application) for details of
Scope of Work to be performed by Corps members and educational opportunities to be given to
Corps members by Contractor.
YCCC may allow minor changes in the project, budget or in-kind sponsor
contribution (including, but not limited to, transfer of funds from one line item to another,
replacing a work project from the scope of work with an alternative project, change in sponsor
contribution amounts, or changes in materials provided) without requiring an Amendment to this
Agreement, provided that Contractor requests such changes in writing and the YCCC or its
Executive Director approves the request in writing. Decreases in the portion of the project’s
budget or the in-kind sponsor contribution designated as wages for YCCC members shall not be
allowed without a written Amendment to this Agreement.
Contractor shall make requests for reimbursement on the form provided as
Attachment 2 (Request for Reimbursement) and must submit a written Project Status Report
with each reimbursement request. Contractor shall use the YCCC web-based reporting system
(available at https://www.emnrd.state.nm.us/YCC) and shall be required to use this reporting
system throughout the duration of this Agreement. Contractor shall provide an in-kind sponsor
contribution of at least $___________, consistent with the following cost categories:
Wages/FICA/Unemployment
Workers Compensation
Training/Education
Supplies/Equipment/Miscellaneous
TOTAL
Contractor must contribute the amounts listed above, unless Contractor is unable to
contribute these amounts because of unforeseen circumstances and obtains written approval
for a lesser or prorated amount from the Executive Director. Prepare In-Kind Sponsor
Contribution form/forms as provided as Attachment 3 (In-Kind Sponsor Match Form) outlining
Contractor’s contribution and submit with proper back-up documentation with each request for
reimbursement and prior to the submittal of the Final Request For Reimbursement. YCCC will
Rev. 02-15-07
21
not process Final Request for Reimbursement until Contractor submits In-Kind Sponsor
Contribution Form/Forms.
The Project shall not begin until proper documentation has been sent to YCCC supporting
that permission has been obtained from all land owners or managers where the Project will take
place and the Executive Director has issued a letter to proceed.
Contractor shall hire Corps members who shall be considered employees of Contractor,
monitor all Corps members and Project activities to ensure compliance with the Project as
described in Paragraph 1.A., purchase and provide all tools and materials necessary for
implementation of the Project.
Contractor shall prepare and submit requests for final reimbursement within 45 days
after completion of the Project. NOTE: THE YCC PROJECT ENDS WHEN THE LAST CORPS
MEMBER IS RELEASED FROM EMPLOYMENT. Contractor must: 1) submit final Project
reports and final budget reports with the final request for reimbursement; 2) prepare and submit
in a timely manner any other information related to the Project as requested by YCCC or its
Executive Director; and 3) prepare and submit Corps member work performance evaluations
and Corps member survey forms at the end of a Corps member’s service. These forms are part
of the web-based reporting system and the Contractor shall complete them on-line.
Contractor shall provide supervision of Corps members while on the Project work site,
including substitutes, if crew leaders are absent and ensure the Project work site meets all
applicable state and federal health and safety standards and all state and federal labor laws.
B.
Performance Measures. Through satisfactory completion of the Scope of Work
set forth above and submission of acceptable Deliverables, the Contractor shall assist YCCC to
meet the portions of its Strategic Plan set forth in Attachment 4 (Strategic Plan).
2.
Compensation.
A.
YCCC shall pay Contractor for services satisfactorily rendered in an
amount not to exceed _____________________________________ ($_________), which shall
include New Mexico Governmental Gross Receipts Taxes, if applicable, and travel pursuant to
Paragraph 2.B. below. This amount is a maximum and not a guarantee that the work assigned
to Contractor under this Agreement to be performed shall equal the amount stated herein.
YCCC shall make payment upon the satisfactory and timely completion of the work described
above in Paragraph 1 and Attachment 1. Payment shall not relieve the Contractor of any
unperformed obligations under Paragraph 1. Contractor shall not be entitled to receive any
payment unless supported by appropriate billing statements and documentation as provided in
Paragraph 2.D., below. YCCC MUST receive all invoices no later than fifteen (15) days after
the termination of the Fiscal Year in which the services were delivered. Invoices received after
such date SHALL NOT BE PAID. Reimbursement shall be consistent with the following Project
cost categories:
Rev. 02-15-07
22
Wages/FICA/Unemployment
Workers Compensation
Training/Education
Supplies/Equipment/Miscellaneous
TOTAL
B.
YCCC shall pay such travel expenses as may be incurred in this
Agreement’s performance at the rates established in the New Mexico Per Diem and Mileage
Act, NMSA 1978, Sections 10-8-1, et seq. as implemented by the current Department of
Finance and Administration (DFA) rule and the current YCCC travel policy. Contractor must use
Attachment 5 (Vehicle Usage Form) to request reimbursement of travel expenses, if
applicable.
C.
Contractor shall be responsible for paying New Mexico Governmental
Gross Receipts taxes levied on amounts payable under this Agreement, if applicable.
D.
YCCC shall make all payments under this Agreement upon receipt of
detailed and certified statements evidencing to YCCC’s satisfaction each payment’s propriety.
Vouchers must be supported by approved purchase order or equivalent document and
supplier’s invoice. Wage amounts charged shall be based upon payrolls maintained by
Contractor and must be supported by time and attendance sheets.
Payment in fiscal year 2007 and fiscal year 2008 is subject to availability of funds
pursuant to Paragraph 5, Appropriations, set forth below and to any negotiations between the
parties from year to year pursuant to Paragraph 1, Scope of Work and to approval by DFA.
D.
Contractor must submit detailed statements accounting for all services performed
and expenses incurred. Vouchers must be supported by approved purchase order or equivalent
document and invoice by the supplier, evidencing the propriety of each claim for payment.
Wage amounts charged shall be based upon payrolls maintained by Contractor and must be
supported by time and attendance sheets. If YCCC finds that the services are not acceptable,
within thirty days after the date of receipt of written notice from the Contractor that payment is
requested, it shall provide the Contractor a letter of exception explaining the defect or objection
to the services, and outlining steps the Contractor may take to provide remedial action. Upon
YCCC’s certification that the services have been received and accepted, payment shall be
tendered to the Contractor within thirty days after the date of acceptance. If payment is made by
mail, the payment shall be deemed tendered on the date it is postmarked. However, YCCC
shall not incur late charges, interest, or penalties for failure to make payment within the time
specified herein.
3.
Term.
THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE
DFA. This Agreement shall terminate on ____________, 2008 unless terminated pursuant to
paragraph 4, infra, or paragraph 5. In accordance with NMSA 1978, Section 13-1-150, no
contract term for a professional services contract, including extensions and renewals, shall
exceed four years, except as set forth in NMSA 1978, Section 13-1-150.
Rev. 02-15-07
23
4.
Termination.
A.
Termination. This Agreement may be terminated by either of the parties hereto
upon written notice delivered to the other party at least ten (10) 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. Notwithstanding the
foregoing, this Agreement may be terminated immediately upon written notice to the Contractor
if the Contractor becomes unable to perform the services contracted for, as determined by
YCCC or if, during the term of this Agreement, the Contractor or any of its officers, employees
or agents is indicted for fraud, embezzlement or other crime due to misuse of state funds or due
to the Appropriations paragraph herein. This provision is not exclusive and does not waive the
state’s other legal rights and remedies caused by the Contractor's default/breach of this
agreement.
B.
Termination Management. Immediately upon receipt by either YCCC or the
Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any
further obligations for salaries, services or any other expenditure of funds under this Agreement
without YCCC’s written approval; 2) comply with all directives YCCC issues in the notice of
termination as to the performance of work under this Agreement; and 3) take such action as
YCCC shall direct for the protection, preservation, retention or transfer of all property titled to
YCCC and records generated under this Agreement. Any non-expendable personal property or
equipment provided to or purchased by the Contractor with contract funds shall become
YCCC’s property upon termination and shall be submitted to YCCC as soon as practicable
5.
Appropriations.
The terms of this Agreement are contingent upon sufficient appropriations and
authorization being made by the Legislature of New Mexico for the performance of this
Agreement. If sufficient appropriations and authorization are not made by the Legislature, this
Agreement shall terminate immediately upon written notice being given by YCCC to the
Contractor. YCCC’s decision as to whether sufficient appropriations are available shall be
accepted by the Contractor and shall be final. If YCCC proposes an amendment to the
Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the
Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed
amendment.
6.
Status of Contractor.
The Contractor and its agents and employees are independent contractors performing
professional services for YCCC and are not employees of the State of New Mexico. The
Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding,
use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as
a result of this Agreement. The Contractor acknowledges that all sums received hereunder are
reportable by the Contractor for tax purposes, including without limitation, self-employment and
business income tax. The Contractor agrees not to purport to bind the State of New Mexico
unless the Contractor has express written authority to do so, and then only within the strict limits
of that authority.
Rev. 02-15-07
24
7.
Assignment.
The Contractor shall not assign or transfer any interest in this Agreement or assign any
claims for money due or to become due under this Agreement without YCCC’s prior written
approval.
8.
Subcontracting.
The Contractor shall not subcontract any portion of the services to be performed under
this Agreement without YCCC’s prior written approval.
9.
Release.
Final payment of the amounts due under this Agreement shall operate as a release of
YCCC, its officers and employees, and the State of New Mexico from all liabilities, claims and
obligations whatsoever arising from or under this Agreement.
10.
Acknowledgment. Contractor shall acknowledge YCCC as a co-sponsor and funding
source in all news releases, programs, proceedings and related publicity/publications for the
Project.
11.
Product of Service -- Copyright.
All materials developed or acquired by the Contractor under this Agreement shall
become the property of the State of New Mexico and shall be delivered YCCC no later than the
termination date of this Agreement. Nothing developed or produced, in whole or in part, by the
Contractor under this Agreement shall be the subject of an application for copyright or other
claim of ownership by or on behalf of the Contractor.
12.
Conflict of Interest; Governmental Conduct Act.
The Contractor warrants that it presently has no interest and shall not acquire any
interest, direct or indirect, which would conflict in any manner or degree with the performance or
services required under the Agreement. The Contractor certifies that the requirements of the
Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding
contracting with a public officer or state employee or former state employee have been followed.
13.
Amendment.
This Agreement shall not be altered, changed or amended except by instrument in
writing executed by the parties hereto.
14.
Merger.
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 understanding, oral or otherwise, of the parties or their agents shall be valid or
enforceable unless embodied in this Agreement.
Rev. 02-15-07
25
15.
Penalties for Violation of Law.
The Procurement Code, NMSA 1978, Sections 13-1-28 through 13-1-199, imposes civil
and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose
felony penalties for bribes, gratuities and kickbacks.
17.
Equal Opportunity Compliance.
The Contractor 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. In accordance with all such laws of the State of New Mexico, the
Contractor assures that no person in the United States shall, on the grounds of race, religion,
color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical
condition, spousal affiliation, sexual orientation or gender identity, 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 Contractor is
found not to be in compliance with these requirements during the life of this Agreement,
Contractor agrees to take appropriate steps to correct these deficiencies.
18.
Applicable Law.
The laws of the State of New Mexico shall govern this Agreement, without giving effect
to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent
jurisdiction in accordance with NMSA 1978, Section 38-3-1 (G). By execution of this
Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of
New Mexico over any and all lawsuits arising under or out of any term of this Agreement.
19.
Insurance.
A.
During the term of this Agreement and any amendment hereto,
Contractor shall maintain in force a policy or policies of insurance providing:
1)
Worker's Compensation protection that complies with the requirements of
the New Mexico Worker's Compensation Act, NMSA 1978, Sections 52-1-1 et seq., if
applicable. If the Contractor fails to comply with the Workers Compensation Act and applicable
rules when required to do so, this Agreement may be terminated by the Agency.
2)
Comprehensive public liability protection covering property damage and
personal injury liability that may arise under this Agreement and any amendment hereto, in
amounts equal to or greater than liability limits set forth in NMSA 1978, Section 41-4-19, as may
be amended from time to time. Such policy or policies shall name the State of New Mexico and
YCCC as co-insured or as principal beneficiaries.
B.
Contractor shall not commence any work under this Agreement until the
required insurance coverage is obtained and proof of compliance with this Section is provided to
YCCC. At YCCC’s request, Contractor shall also provide a copy of the insurance policy.
Contractor shall notify YCCC ten (10) days before cancellation or expiration of any required
Workers' Compensation or contractual or public liability insurance coverage.
Rev. 02-15-07
26
20.
Records and Financial Audit.
The Contractor shall maintain detailed time and expenditure records that indicate the
date; time, nature and cost of services rendered during the Agreement’s term and effect and
retain them for a period of three (3) years from the date of final payment under this Agreement.
These records shall be maintained and available within the State of New Mexico if the Contractor
has an office within the state; otherwise, Contractor shall make such records available to YCCC
within thirty (30) days upon YCCC’s request. The records shall be subject to inspection by
YCCC, the Department of Finance and Administration and the State Auditor. Contractor further
agrees to include in all subcontracts hereunder the same right of inspection and audit against all
subcontractors. YCCC shall have the right to audit billings both before and after payment.
Payment under this Agreement shall not foreclose YCCC’s right to recover excessive or illegal
payments. The periods of inspection and audit may be extended for records, which relate to
litigation or settlement of claims arising out of performance of this Agreement and shall continue
until all potential litigation, appeals, claims or exceptions have expired or been resolved.
21.
Indemnification.
The Contractor shall defend, indemnify and hold harmless YCCC and the State of New
Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all
other liabilities and expenses of any kind from any source which may arise out of the
performance of this Agreement, caused by the negligent act or failure to act of the Contractor,
its officers, employees, servants, subcontractors or agents, or if caused by the actions of any
client of the Contractor resulting in injury or damage to persons or property during the time when
the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is
performing services pursuant to this Agreement. In the event that any action, suit or proceeding
related to the services performed by the Contractor or any officer, agent, employee, servant or
subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as
soon as practicable but no later than two (2) days after it receives notice thereof, notify YCCC’s
legal counsel and the Risk Management Division of the New Mexico General Services
Department by certified mail. Nothing in this Agreement shall be deemed to be a waiver by the
State of New Mexico of the provisions of the Tort Claims Act, NMSA 1978, Sections 41-4-1 et seq.
22.
Invalid Term or Condition.
If any term or condition of this Agreement shall be held invalid or unenforceable, the
remainder of this Agreement shall not be affected and shall be valid and enforceable.
23.
Enforcement of Agreement.
A party's failure to require strict performance of any provision of this Agreement shall not
waive or diminish that party's right thereafter to demand strict compliance with that or any other
provision. No waiver by a party of any of its rights under this Agreement shall be effective
unless express and in writing, and no effective waiver by a party of any of its rights shall be
effective to waive any other rights.
24.
Notices.
Any notice required to be given to either party by this Agreement shall be in writing and
shall be delivered in person, by courier service or by U.S. mail, either first class or certified,
return receipt requested, postage prepaid, as follows:
Rev. 02-15-07
27
To YCCC:
Youth Conservation Corps Commission
Executive Director
141 E. De Vargas St.
Santa Fe, New Mexico 87501
YCCC
C/O Assistant General Counsel
Energy, Minerals and Natural Resources Department
1220 South St. Francis Drive
Santa Fe, New Mexico 87505
To the Contractor:
Name
Address
City, State Zipcode
email
To Risk Management Division:
Risk Management Division
General Services Department
P.O. Drawer 26100
Santa Fe, NM 87502-0110
25.
Attorneys’ Fees and Costs.
Contractor agrees that if it is found by a court of competent jurisdiction to have breached
this Agreement, or any amendments hereto, or to have committed any tortious act relating to the
scope of this Agreement, YCCC may recover from Contractor reasonable attorneys’ fees and
costs in connection with litigation brought to obtain such judicial determination.
26.
Minimum Wage Rate.
If applicable, Contractor shall comply with minimum wage rates as established by the New
Mexico Department of Labor, Labor and Industrial Division, and with all other applicable
requirements of that Commission, including posting of the wage rates in a prominent location on
the site for hiring and performing of this Agreement.
27.
Authority.
If Contractor is other than a natural person, the individual(s) signing this Agreement on
behalf of Contractor represent and warrant that he or she has the power and authority to bind
Contractor, and that no further action, resolution, or approval from Contractor is necessary to
enter into a binding contract.
Rev. 02-15-07
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28.
Compliance with Funding Source Conditions.
Contractor shall comply with all applicable state and federal statutes and regulations
imposed as a consequence of funding pursuant to this Agreement.
IN WITNESS WHEREOF, parties have executed this Agreement as of the date of
signature by the DFA Contracts Review Bureau, below.
STATE OF NEW MEXICO, YOUTH CONSERVATION CORPS COMMISSION
By:
Chair or Designee
Date:
STATE OF NEW MEXICO, ENERGY, MINERALS AND NATURAL RESOURCES DEPARMENT
By:
Date:
(Name), Assistant General Counsel - Certifying legal sufficiency
CONTRACTOR
Federal ID No.:
By:
Contractor
Date:
This Agreement has been approved by the DFA Contracts Review Bureau
By:
Date:
Attachment 1 - Application
Attachment 2 - Request for Reimbursement
Attachment 3 - In-Kind Sponsor Match Form
Attachment 4 - Strategic Plan
Attachment 5 - Vehicle Usage Form
Rev. 02-15-07
29
Services are to be performed by tax exempt organization per NMSA 1978, Section 7-9-29.
STATE OF NEW MEXICO
TAXATION AND REVENUE
DEPARTMENT
I.D. No.:
(must be 11 digits long)
By:
Date:
Rev. 02-15-07
30
Attachment 4
Goal: We strive for healthy natural and community resources.
Objectives
Employ youth in projects that improve our
natural resources and lasting community
benefits.
Strategies: FY 08/09
 Facilitate the distribution of funds to
ensure that young people between
the ages of 14 to 25 are hired to
work on projects that improve New
Mexico's resources.
 Facilitate Project completion.


Ensure accurate and timely project
status reports and reimbursement
requests
Evaluate Project Sponsor
Compliance
Goal: We strive for instilling values of hard work and accomplishment.
Objectives
Provide a meaningful work experience for
youth so that they can develop a positive
work ethic and self-image.
Strategies: FY 08/09
 Ensure the grant award funds are
used largely for Corps member
wages.



Encourage Project Sponsors to
provide team-building experiences
to Corps members.
Ensure that there are enough young
people on a project to experience
the concept of teamwork.
Conduct Project inspections confirm
the team experience exists for
Corps members.
Goal: We strive for promotion of education and training.
Objectives
Develop jobs skills and employment
opportunities in youth.
Provide educational opportunities for
youth
Rev. 02-15-07
Strategies: FY 08/09
 Ensure there is an education and
training component to each Project.
 Advise Project Sponsor on
education and training resources in
the state.
 Conduct Project review to
determine the effectiveness of
trainings given.
 Provide scholarships to eligible
Corps members
31
ATTACHMENT C
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with
any state agency or local public body for professional services, a design and build project
delivery system, or the design and installation of measures the primary purpose of which
is to conserve natural resources must file this form with that state agency or local public
body. This form must be filed even if the contract qualifies as a small purchase or a sole source
contract. The prospective contractor must disclose whether they, a family member or a
representative of the prospective contractor has made a campaign contribution to an applicable
public official of the state or a local public body during the two years prior to the date on which
the contractor submits a proposal or, in the case of a sole source or small purchase contract,
the two years prior to the date the contractor signs the contract, if the aggregate total of
contributions given by the prospective contractor, a family member or a representative of the
prospective contractor to the public official exceeds two hundred and fifty dollars ($250) over the
two year period.
Furthermore, the state agency or local public body shall void an executed contract or cancel a
solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family
member of the prospective contractor, or a representative of the prospective contractor gives a
campaign contribution or other thing of value to an applicable public official or the applicable
public official’s employees during the pendency of the procurement process or 2) a prospective
contractor fails to submit a fully completed disclosure statement pursuant to the law.
THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT
THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY
CONTRIBUTIONS SUBJECT TO DISCLOSURE.
The following definitions apply:
“Applicable public official” means a person elected to an office or a person appointed to
complete a term of an elected office, who has the authority to award or influence the
award of the contract for which the prospective contractor is submitting a competitive
sealed proposal or who has the authority to negotiate a sole source or small purchase
contract that may be awarded without submission of a sealed competitive proposal.
“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or
other thing of value, including the estimated value of an in-kind contribution, that is made
to or received by an applicable public official or any person authorized to raise, collect or
expend contributions on that official’s behalf for the purpose of electing the official to
either statewide or local office. “Campaign Contribution” includes the payment of a debt
incurred in an election campaign, but does not include the value of services provided
without compensation or unreimbursed travel or other personal expenses of individuals
who volunteer a portion or all of their time on behalf of a candidate or political committee,
nor does it include the administrative or solicitation expenses of a political committee
that are paid by an organization that sponsors the committee.
“Family member” means spouse, father, mother, child, father-in-law, mother-in-law, daughterin-law or son-in-law.
Rev. 02-15-07
32
“Pendency of the procurement process” means the time period commencing with the public
notice of the request for proposals and ending with the award of the contract or the
cancellation of the request for proposals.
“Person” means any corporation, partnership, individual, joint venture, association or any other
private legal entity.
“Prospective contractor” means a person who is subject to the competitive sealed proposal
process set forth in the Procurement Code or is not required to submit a competitive
sealed proposal because that person qualifies for a sole source or a small purchase
contract.
“Representative of a prospective contractor” means an officer or director of a corporation, a
member or manager of a limited liability corporation, a partner of a partnership or a
trustee of a trust of the prospective contractor.
Rev. 02-15-07
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DISCLOSURE OF CONTRIBUTIONS:
Contribution Made By:
Relation to Prospective Contractor:
Name of Applicable Public Official:
Date Contribution(s) Made:
Amount(s) of Contribution(s)
Nature of Contribution(s)
Purpose of Contribution(s)
(The above fields are unlimited in size)
(Attach extra pages if necessary)
___________________________
Signature
_______________________
Date
___________________________
Title (position)
--OR—
NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY
DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or
representative.
______________________________
Signature
_______________________
Date
______________________________
Title (Position)
Rev. 02-15-07
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