PMFS Amendment s 1-8(Not Including 6)- Agenda and Minutes Regarding Amendment 6

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PROJECT MAi~AGEMENT AND
FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
TIDS PROJECT MANAGEMENT AND FISCAL SERVICES
AGREEMENT (hereinafter referred to as "the Agree~nent" or ''PMFSA") is entered into
by and between the Buckman Direct Diversion Project Board ( 11the BDD Board"), an
entity organized and existing under that certain Joint Powers Agreement by and between
the City of Santa Fe ("City") and the Santa Fe County ("County"), dated March 7, 2005,
and the Sangr~ de Cristo Water Division of the City of Santa Fe ("Project Manager"}.
WHEREAS, the City and the County, through the BDD .Board, are designing,
constructing, operating and maintaining the Buckman Direct Diversion Project;
WHEREAS, in preparation for creating the Project, the City and the County
entered into the Water Resources Agreement on January 11, 2005;
VVIIEREAS, the City and the County entered into a Joint Powers Agreement on
March 7, 2005, governing the Buckman Direct Diversion Project, creating the BDD
Board, delegating t_o the BDD Board in §12 the authority to enter into the PMFSA, and
designating in § 13 the. Sangre de Cristo Water Division of the City as the Proj~ct
Manager and Fiscal Agent of the Project until December 1, 2015;
WHEREAS, the City, the County, and Las Campanas entered into the Facilities
Operations and Procedures Agreement on October 16, 2006, which provides for
respective ownership interests of the City and the County in the shared facilities
comprising the Project, and cost sharing obligations of the City, Cmmty and Las
Campanas in connection with the Project;
WHEREAS, the purpose of this Agreement is to more specifically describe the
duties and responsibilities of the BDD Board, the duties and responsibilities of the Project
Manager, how the Project will be operated and maintained by the Project Manager on
behalf of the BDD Board, how contributions by the City, the County and Las Campanas
will be paid and credited against the obligations set out in the Project Agreements, the
duties and responsibilities of the Project Manager as fiscal agent for the Project, and other
necessary terms; and •
WHEREAS, the BDD Board and the Project Manager desire to enter into the
agreement to address the items noted in the foregoing paragraph.
NOW, THEREFORE, for the covenants, promises and consideration described
herein, the BDD Board and the Project Manager agree as follows:

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AGREEMENT
ARTICLE 1. DEFINITIONS.
Capitalized words or phrases used in the foregoing recitals of this Agreement
shall have the meanings assigned therein. In addition, the words and phrases defined in
.this Article 1 shall have the meanings assigned in this section.
A. "Toe Agreement," "this Agreement," or "PMFSA" as used herein
refers to this Proj'ect Management and Fiscal Services Agreement.
B. "Annual Operating Budget'' means the annual budget for all activities
of the Project, including OMR&R, but excluding the budget for the design and
construction.
C. "Annual Operating Plan and Delivezy Schedule" means the annual
operating plan and water delivery schedule prepared by the Project Manager with input
from the City, the County and Las Campanas, described in Section 27 of the FOPA and
herein.
D. "Toe "City" means the City of Santa Fe, New Mexico, a municipal
corporation organized and existing under the Laws of the State of New Mexico, and a
signatory of the Project Agreements.
E. "The County" means Santa Fe County, New Mexico and the Board of
County Commissioners of Santa Fe County, a political subdivision of the State of New
Mexico, and a signatozy of the Project Agreements.
F. ''Design-Build Contract" means the contract to be entered into by and
between the BDD Board and a design~build contractor to design and construct the
Project.
G. Toe "Design-Build Contractor" refers to the contractor selected to
design and construct the Project.
H. The "'Design and Construction Budget" means the comprehensive,
multiyear budget for the design and construction of the Project.
I. "Fiscal Year" means a year beginning on July 1 and ending on June 30.
J. 11The FOPA" means the Facility Operations and Procedures
Agreements for the Buclanan Direct Diversion Project Between the City of Santa Fe,
Santa Fe County and Las Carnpanas LP.
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K. "The JPA" means the Joint Powers Agreement between the City of
Santa Fe and the County of Santa Fe governing the Buckman Direct Diversion Project,
effective March 7, 2005.
L. "Las Campanas" means the Las Campanas Limited Partnership, a
Delaware Limited Partnership, and a signatory of the FOPA.
M. "O:MR&R" means operati?n, maintenance, replacement and repair.
N. "Owners' Consultant" means Camp, Dresser & McKee, Inc.
(hereinafter referred to as "CDM"), under contract with the BDD Board as consulting
engineer to the BDD Board, or any successor entity.
0. "The Owners' Consultant Contract" means the contract between the
BDD Board and CDM, the Owners' consultant, as amended.
P. 11The Project" means the planned Buckman Direct Diversion Project
which will divert surface water from the Rio Grande as described in the final
Environmental Impact Statement for the Buckman Direct Diversion Project, and includes
diversion, treatment, transmission and related works used to deliver water to the
respective Independent Water Systems of the City and the County.
Q. The phrase "the Project Agreements" means the WRA, JPA, the FOPA
and the PFMSA
R. "Project Expenses" means those expenditures of the Project approved
by the BDD Board and included in a budget approved by the BDD Board, the City and
the County, and reimbursement expenses retroactive to the execution date of the JPA.
S. "Project Manager11 means the Sangre de Cristo Water Division of the
City of Santa Fe.
T. 11WRA11 shall mean the Water Resources Agreement by and between
the City of Santa Fe and Santa Fe County and dated on or about .January 11, 2005.
ARTICLE 2. TE~ EFFECTIVE DATE.
This Agreement shall become effective as of the date the Agreement is approved
and executed by the BDD Board and the Project Manager. This Agreement shall remain
in full force and effect until.December 1, 2015, unless terminated earlier as provided in
Article 9.E. of this Agreement.
ARTICLE 3. RESPONSIBILITIES OF THE BDD BOARD..
The BDD Board shall be responsible to do all of the following:
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A. Exercise all the responsibilities of the BDD Board as set forth in the
Project Agreements;
B. Supervise the performance of the Project Manager pursuant to §§ 4 &
12 of the JPA;
C. Review and approve all contracts for the procurement of the Project
including documents related to design, engineering, construction, operation and
maintenance of the Project, including, without limitation, requests for proposals, requests
for qualifications, contracts and expenditures in amounts greater than $20,000;
The BDD Board shall review, and if approved, execute the Owners' Consultant and the
Design-Build Contracts, pursuant to §§ 10 and 11 of the·JP A.
Contracts and expenditures in amounts less than $20,000 may be reviewed, and if
acceptable, may be approved administratively by the Project Manager. In an emergency,
the Project Manager may approve contracts and expenditures up to $30,000.
D. Establish by resolution of the BDD Board a document retention and
protection policy.
E. Establish by resolution of the BDD Board the Annual Operating
Budget;
F. Provide an adequate opportunity for the City, the County, and
consistent with the FOPA, Las Campanas, and the public, to comment and make
appropriate presentations on any proposed budget;
G. Consider and, if appropriate, adopt, by resolution of the BDD Board,
amendments to a previously approved budget that the BDD Board deems advisable;
H. Create an Emergency Reserve Fund and establish procedures for its
management pursuant to §24 of the FOPA;
I. Collect, through the Project Manager, contributions of the City, the
County and Las Campanas toward design, construction, operation and maintenance of the
Project, and related expenditures, and credit those contributions towards the obligations
. of the City, the County and Las Campanas as set forth in the Project Agreements;
. J. Consistent with the Bateman Act, appropriately condition approval.of
each budget or amendment thereto on appropriation by the City.and/or the County in an
appropriate budget or budget amendment ;
K. Approve all .financing and :funding sources for the Project (except for-
funding to be provided by the City and the County pursuant to the Project Agreements)
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and, as appropriate, enter into contracts in connection with such financing or :fun.cling
sources;
L. Monitor the performance of the Owners' Consultant pursuant to the
Owners' Consultant Contract and monitor the performance of the Design-Build
Contractor pursuant to the Design-Build Contract; and
M. Take all steps that are necessary and proper for the design,
construction, operation and maintenance of the Project.
ARTICLE 4. DELEGATION OF AUTHORITY TO AND GENERAL
RESPONSIBll,ITIES OF THE PROJECT MANAGER.
The BDD Board delegates to the Project Manager the authority and responsibility
to do the following:
A- Carry out the directives and policies of the BDD Board, make
recommendations to the BDD Board related to the Project, provide support staff for BDD
Board meetings, contract with independent legal counsel selected by the BDD Board,
contract with specialized legal counsel as needed to support design, construction,
operation and maintenance of the Project, and, as directed by the BDD Board, implement
the Project during design and construction and, following completion of construction,
manage, operate, and maintain the Project;
B. Seek and apply for funding' (except for funding to be provided by the
City and the County pursuant to the Project Agreements) in the form of grants, loans or
loan guarantees, or other funding sources as may be deemed appropriate by the BDD
Board, for the Project as directed by the BDD Board and manage any such grants, loans
or loan guarantees;
C. Administer all funds loaned, granted or contributed by the City, the
County or Las Campanas in connection with the Project, and respond to related audits as
may be necessai:Y;
D. Prepare and submit to the BDD Board, the City, the County and Las
Campanas no later than December 15 of each Fiscal Year, an Annual Operating Budget,
which shall include annual and 5 year projected OMR&R costs, including a 5 year
-schedule with the Project Manager's proposed facilities and equipment major
maintenance and replacement costs, proposed allocation of costs among the City, the
County and Las Campanas as provided in the FOPA, a facilities and eq~pment major
repair and replacement fund, and ail emergency reserve fund;
E. Develop and implement prior to mitial operation a cost accounting
system to apportion the total fixed and variable cost of O:MR&R to the City, the County
and Las Campanas in accordance with the cost sharing provisions of the FOPA;
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F. Develop a document retention and protection policy for adoption by the
BDDBoard;
G. Act as fiscal agent for the Project as provided in Article 7, herein;
H. Once an Annual Operating Budget is approved by the BDD Board,
implement the budget, adhere strictly to the budget, and make recommendations for
necessary budget adjustments throughout the Fiscal Year, and contract for an annual
independent audit, consistent with GAAP and GASB and with the New Mexico Audit
Act, NMSA 1978, Sections 12-6-1-, et seq., and 2.2.2. NMAC, et seq., as amended, and
report the results of the audit to the BDD Board;
I. Prepare and submit to the BDD Board for approval all documentation to
be used for procurement in the Project including, but not limited to, docmnents related to
design, engineering, constructim;i., operation and maintenance of the Project, including,
without limitation, requests for proposals, requests for qualifications and contracts in
amounts greater than $20,000;
J. Develop all procurement documents in accordance with the City's
Purchasing Manual and present same to the BDD Board;
K. Consult with staff of the City, the County, and Las Campanas
regarding the planning and design and O11R&R of the Project;
L. In consultation with the BDD Board, apply for, manage and maintain,
including the preparation and submittal of all required compliance reports, all necessary
permits for the operation of the Project, including, without limitation, those permits,
easements, and rights-of-way held in the name of the BDD Board, and those permits
required to be obtained by the BDD Board pursuant to Section 6 of the FOPA;
M. Maintain communication with the BDD Board, the City, the County
and Las Campanas, primarily via monthly BDD Board meetings, and keep these entities
informed of important matters as may be necessary in the interim between monthly BDD
Board meetings;
N. As directed by the BDD Board, act as liaison for the BDD Board and
represent the BDD Board in Project matters involving tribal governments, state and
federal government agencies. andnon-governmental·organizations;
0. As directed by the BDD Board, and with the consent and approval of
the City and the County, and in consultation with Las Campanas, coordinate the Project
with regional water supply planning efforts; and
P. Perform other duties as assigned by the BDD Board consistent with
funding and the Project Agreements.
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Q. Make commercially reasonable efforts to enforce the terms of all
agreements that the BDD Board approves. In the event that the Project Manager's
administrative efforts to enforce a specific contract's terms are not successful, the Project
Manager shall so inform the BDD Board and shall make specific recommendations for
the BDD Board's consideration regarding the BDD Board's contract enforcement steps
or procedures, including litigation.
ARTICLE 5. SPECIFIC RESPONSIBILITIES OF THE PROJECT MANAGER
DURING DESIGN AND CONSTRUCTION.
During design and construction of the Project (through project acceptance by the
BDD Board), the Project Manager shall do the following:
A. Supervise the Owners' Consultant pursuant to the Owners' Consultant
Contract as directed by the BDD Board;
B. On a monthly basis, provide a schedule of construction payments to
the BDD Board, track Project costs, track progress of the Project, monitor design and
constructi~n costs to determine whether such costs are within the sum specified by the
BDD Board in the Design and Construction Budget, and manage the Design-Build
Contractor within the limits of contractual obligations such that construction of the
Project is timely ~d reasonably delivered pursuant to the project testing and acceptance
dates agreed to in the Design-Build Contract;
C. Negotiate and manage procurement of the Design-Build Contract in
accordance with the City's Purchasing Manual and present same to the BDD Board for
approval;
D. Oversee the Design-Build Contractor in connection with all design and
construction activities, and recommend to the BDD Board legal action to enforce
compliance with the contract, if necessary;
E. Administer requests for payment by the Design-Build Contractor
pursuant to construction draw schedules and timely present requests for Change Orders to
the BDD Board and process same;
F. Monitor testing of the completed Project in accordance with procedures
outlined in the Design Build Contract and upon successful results accept the completed
Project.
ARTICLE 6. SPECIFIC RESPO~SIBILITIES OF THE PROJECT MANAGER
DURING PROJECT OPERATIONS~
During the operation, maintenance, repair and replacement phase of the Project,
the Project Manager shall do the following:
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A. Operate the Project within its design limitations to deliver treated
water in sufficient pressure and volume to meet the actual demand of the City and the
County, subject to the capacity allocations set forth in the FOPA §7, and of a quality that
• meets or exceeds all applicable State and federal regulations and standards;
B. Provide the treated water referred to the previous paragraph at a point
or points of delivery at the BDD Project specified by the City or the ColUlty, provided,
however, that the Project Manager is not obligated to deliver to points of delivery not
constructed during the initial construction of the Project unless the City or the County
first construct a new point of delivery at the BDD Project and provide the Project
Manager and the BDD Board with thirty (30) days advance written notice of the need for
water at the newly constructed point of delivery;
C. Deliver raw water to Las Campanas, at pump station 2A subject to the
•capacity allocation set forth in the FOPA §7, and manage the common facilities at pump
station 2A;
D. Maintain water measurement devices that are part of the Project to
account for the actual volume; rate, and time-of-day of all water deliveries to the City, the
County and Las Campanas;
E. Use data provided from the metering facilities and monitors referred to
in the preceding paragraph to analyze whether deliveries comply with Annual Operating
Plan and the Project Agreements, and report to the BDD Board monthly;
F. Seek annually from the City, the County and Las Campanas,
information required for the Animal Operating Plan as required by Section 27 ofthe
FOPA;
G. From the data submitted pursuant to the previous paragraph, prepare
the Annual Operating Plan and Delivery Schedule described in Section 27 of the FOPA,
submit the report to the BDD Board, and make appropriate recommendations;
I. As soon as practicable after the end of each Fiscal Year, the Project
Manager shall calculate the actual costs experienced by the Project in the previous Fiscal
Year and the amounts paid by the City, the County and Las Campanas for the Project and
make appropriate recommendations to the BDD Board for adjustments needed in the
current Fiscal Year's budget;
J. Invoice the City, the County and Las Campanas for'Project costs
according to the cost sharing principles specified in the FQPA no less frequently th.q1.
quarterly, an&collect all swns so invoiced;
K. Schedule and coordinate reservoir release and Project diversion of San
Juan-Chama Project water in accordance with the procedures of the U.S. Bureau of
Reclamation and the U.S. Corps ofEngineers and the conditions of City and County
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diversion pemrit No. 4842 issued by the State Engineer and future permits for diversion
at the BDD of San Juan-Chama Project water and as directed by the designated
representatives of the City, the County, and Las Campanas, each of whom has the
responsibility to make water available at the reservoir from which it will be released;
L. Track raw water diversions by the Project for the City, the County, and
Las Campanas, and provide to the BDD Board, with copies to the City, the County, and
Las Campanas, a monthly accounting of actual raw and potable deliveries, daily water
orders, and other statistical information as the BDD Board may require;
M. Monitor the relationship between the quantity of water actually
delivered by the Project to the City, the County and Las Campanas and the pemritted
capacity of the Project's production facilities and make periodic reports of this analysis to
the BDD Board, the City, the County and Las Campanas;
N. Reduce deliveries as provided in the FOPA §9 in the event of a reduced
total capacity of the BDD Project caused by facility failure; •
0. Provide all necessary staff, materials and supplies necessary to operate
and maintain the Project consistent with BDD Board funding;
P. Recruit, hire and train staff for the Project according to the BDD
Board's approved staffing plan as it may be amended from time to time and arrange for
state drinking water certification for such staff in advance of operation of the Project, so
that certified staff is available to operate the Project when the Project becomes
operational, and set forth in each proposed budget the costs of the staff apportioned
according to the respective benefit to the City and the Project
Q. Perform OMR&R duties for the Project at all relevant times in
accordance with prudent water utility practices;
R. Report to the BDD Board quarterly and as otherwise required by the
BDD Board regarding the OMR&R of the Project and all other relevant matters related to
the Project;
T. In consultation with the City, the County and Las Campanas and
. pursuant to FOPA §27, prepare and present to the BDD Board for approval a
comprehensive operations manual for the Project, and updates as needed, which shall
include details of all aspects of Prpject operation including, but not limited to, process
control, maintenance, scheduled maintenance outages, rehabilitation and replacement,
contingency plans for unscheduled outages, and residuals management; distribute the
comprehensive operations manual to the BDD Board, the City, the County and Las
Campanas. The Project Manager may delegate, as appropriate, the preparation of the
comprehensive operations manual to the Owner's Consultant, the Design-Build
Contractor, or another;
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U. Provide for appropriate security at all Project facilities;
V. Identify and report to the County the need for Buclanan Road
maintenance and reimburse the County for the apportioned cost according to the
respective benefit to the County and the Project; and
W. Identify and report warranty problems to the Design-Build Contractor
or the appropriate subcontractor or equipment supplier and, as necessary, recommend to
the BDD Board legal action to enforce such warranties.
ARTICLE 7. FISCAL AGENT RESPONSIBILITIES.
The Project Manager shall act as fiscal agent for Project during the term of this
Agreement, and as such shall have the following respo:Q.sibilities:
A. Books and Accounts. The Project Manager shall maintain records of
all transactions related to the Project, including third party transactions, in accordance
with generally accepted accounting principles ("GAAP"), and standards established by
the government accounting standards bureau ("GASB"), and shall
(1) establish a uniform system of accounts;
(2) maintain segregated books and records consistent with
GAAP to account for all separate funding sources, including, without limitation, funds
provided by the City, the County, or Las Campanas in support of construction or
subsequent OMR&R of the Project and funds secured by the BDD Board pursuant to
grants or loans from funding agencies.
(3) maintain supporting documentation and information
required by funding agencies and prepare all necessary reports to such agencies;
(4) provide access at any time to the City, the County and Las
Campanas, or each of them, and to the State Auditor, and members of the public, within
90 days following the end of each fiscal year and at any other time as may be reasonably
requested, full and complete books and records relating to the Project;
(5) provide to the City, the County and Las Campanas, or.each
of them, any additional :financial information or documentation relating to the Project as
may from time to time be reason.ably requested;
(6) within 90 days after the end of each fiscal year, provide
copies of financial statements to the City, the County and Las Campana:s, showing the
assets, liabilities, revenues, expenses, equity balances and budget comparisons for the
Project fund on an annual basis for the prior fiscal year in accordance with GAAP and
GASB, complete the Management's Discussion and Analysis (MDA) for the annual
financial report, and provide upon request, a monthly general ledger report but may
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recommend that its auditors produce the .financial statements, dependent on staff
available and the complexity of the reporting requirements;
(7) account for the separate financial contributions from, and
reimbursements to, the City, the County and Las Campanas, including crediting the
County for the contribution of revenues from the County Capital Outlay Gross Receipts
Tax imposed by the Board of County Commissioners in Santa Fe County Ordinance No.
2002-5, subject to the terms of that Ordinance;
(8) procure, contract, and pay for as budgeted an annual
independent audit, consistent with GAAP and GASB and with the New Mexico Audit
Act, NMSA 1978, Sections 12-6-1-, et seq., and 2.2.2. NMAC, et seq., as amended, and
report the results of the audit to the BDD Board.
B. Financial Operations. The Project Manager, acting as :fiscal agent,
shall:
(1) receive and record deposits in connection with the Project in
compliance with applicable state and federal statutes, all applicable requirements of grant
and loan funding and requirements otherwise imposed by or on the sources of funding;
(2) make and account for all approved disbursements for the
Project, ensuring that disbursements are valid and comply with all applicable State
investment statutes, and policies and procedures adopted by the BDD Board;
(3) in consultation with the BDD Board, invest excess funds not
required for current operations or capital expenditures in accordance with applicable
statutes, City and County policies and applicable requirements of grant or loan funding,
assuring that investment earnings are credited to Project funds;
(4) carry over any unencumbered monies that are present at the
end of a Fiscal Year, and budget those funds to the succeeding Fiscal Year, to be utilized
for purposes consistent with the Project Agreements in the succeeding Fiscal Year; and
(5) obtain all necessary approvals for expenditure of funds,
, including, without limitation, approvals by the BDD Board ·and the New Mexico
Department of Finance and Administration.; and
(6) determine and record capital assets :inventory for appropriate
generaj ledger amounts, run and record depreciation, and submit year-end capital asset
inventory for the annual physical inventory.
ARTICLE 8. COMPENSATION.
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The Project Manager, the City and the County shall be compensated for services
rendered, or credited for services rendered prior to the date of this Agreement or of any
Project Agreement, as follows:
A. Following execution of this Agreement, the Project Manager shall be
compensated for its services as :fiscal agent to the Project in an amount equal to one
percent (1 %) of the total annual operating budget of the Project in any given fiscal year,
which the Project Manager may deduct from revenues dedicated to the Project.
B. Following execution of this Agreement, the Project Manager shali
confer with the City, Las Campanas and the County to assign expenditures made
previously by the City, Las Campanas or the County to the Project, including the
dedication ofreal or personal property to the Project, by including the same in a single
proposed supplemental budget document and presenting same to the BDD Board as
proposed expenditures of the Project. The expenditures approved by the BDD Board in
the proposed supplemental budget document shall become Project Expenses and, the
City, Las Campanas or the County may be reimbursed for such approved expenditures or
may credit such prior expenditures ·against current or fhture obligations under the Project
Agreements. Notwithstanding the foregoing, no cash payment or credit shall be made if
it is determined by the City or the County's bond counsel, after review of the proposed
, supplemental budget document, that such payment may adversely affect the federal tax
exemption of interest on the obligations issued by the City or the County to finance the
Project.
C. Following execution of this Agreement, all expenses proposed to be
incurred by the Project Manager in connection with project management of the Project
shall be set forth in the Annual Operating Budget and the Design and Construction
Budget.
D. The Project Manager shall not incur nor be paid for any additional or
extraordinary OMR&R expenses in connection with performing the services described in
this Agreement except as specified in the Annual Operating Budget, amendments thereto,
or from the Emergency Reserve Fund.
ARTICLE 9. TRANSFER OF FUNDS TO MEET OBLIGATIONS UNDER THE
PROJECT AGREEMENTS.
An obligation of a party in the Project Agreements may be met at any time by
transferring funds to "the City of Santa Fe as Project Manager for the Buckman Direct
Diversion Project." Any such transfer shall be credited immediately against the account
of the contributing party, and the City, as Project Manager, shall be a trustee for any such
funds received on account of the Project.
.ARTICLE 10. MISCELLANEOUS.
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A. Default. For purposes of this Agreement, the Project Manager shall be
deemed to be in default only in the event of a breach of its obligations herellllder.
B. Right to cure. In the event of default, the Project Manager shall have
sixty (60) days from receipt of written notification from the BDD Board to cure the
default. If the Project Manager is unable to cure the default with the sixty day period, the
Project Manager will notify the BDD Board, the City and the County at the earlier of (1)
the time the Project Manager becomes aware of the inability to cure the default; or (2)
expiration of the sixty day period.
C. Remedies on Default. In addition to the remedies specified in this
Article, if an event of default remains uncured within the sixty day cure period, the BDD
Board may elect to treat this Agreement as being in full force and effect and.the BDD
Board, the City and the County shall have the right to specific performance. If the BDD
Board determines that the Project Manager cannot continue in its role as manager of the
Project, the BDD Board may declare this Agreement tenninated and appoint a successor
as Project Manager for the remainder of the term of this Agreement. In the event of
termination, the duties and obligations of the parties shall remain in full force and effect.
D. Termination. Iftbis Agreement expires or a default remains uncured
as provided in Article 9(B) of this Agreement, the BDD Board has authority to enter into
anew Agreement as provide in §13 of the JPA with the Sangre de Cristo Water Division
of the City of Santa Fe, the County of Santa Fe Water Utility, or a Regional Entity. In the
event oftennination, applicable provisions of this Agreement shall continue in effect
after termination to the extent necessary to enforce or complete the duties, obligations or
responsibilities of the parties arising prior to termination and, as applicable, to provide for
final billings and adjustments related to the period prior to termination. Each party shall
remain obligated for its share of payments due pursuant to any obligations to a third party
incurred as contemplated by this Agreement or the Project Agreements.
E. Dispute Resolution. If a dispute, other than a default which the
Project Manager is unable to cure during the sixty day cure period, arises which the BDD
Board and the Project Manager cannot satisfactorily resolve, then the BDD Board and the
Project Manager agree to those forms of dispute resolution authorized by NMSA 1978,
Section 12-8A-l, et seq. (2000), except binding arbitration, to resolve conflicts arising
under this Agreement, the expenses of which shall be shared equally by the BDD Board,
the Project Manager, and, as applicable, the City, the County and Las Campanas.
Disputes shall be first discussed by representatives of each party having the authority, if
necessary, to bind the party that they represent. Such representatives shall use their best
efforts to amicably and promptly resolve the dispute.
F. Notices in writing. Notices required by this Agreement shall be
addressed to the parties at the addresses noted on Attachment A hereto, as each party may
update them from time to time by written notice to the other parties. Such notice shall
either be hand delivered or mailed, first class mail, postage prepaid, to the representatives
of the other parties. If mailed, the notice or communication shall be simultaneously sent
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by facs:imile or other electronic means. Any such notice or communication shall be
deemed to have been received by the close of the business day on which it was hand
delivered-or transmitted electronically (unless hand delivered or transmitted after such
close of business m which case it shall be deemed received at the close of the next
business day).
G. Representative for Notices. Each party shall maintain a designated
representative to receive notices as set out in Attachment A. Any party may, by written
notice to the other parties, change the representative or the address to which such notices
and communications are to be sent.
H. Authority of Representatives. The parties' representatives
designated above shall have authority to act for their respective principals in all technical
matters related to the performance of this Agreement and to attempt to resolve disputes or
potential disputes. However, they, in their capacity as representatives, shall not have
authority to amend or modify any provision of this Agreement.
I. Insurance. The Project Manager shall obtain and continuously
maintain insurance policies without intenuption, during the tenn of this Agreement, for
the operations and activities on or at the Project, from a licensed insurance company or
companies deemed acceptable to the BDD Board, and the City, the County and Las
Campanas, which policies shall name the BDD Board, the City, the County and Las
Campanas as additional insured, in confonnance with the specifications for insurance
coverag~ set forth in Attachment B and the Annual Operating Budget.
J. Term and modification of insurance. All insurance required under
this Agreement shall cover occurrences during the term and for a period of two years
after the term. If any insurance as required herein is commercially available only on a
"claims-made" basis, such insurance shall provide for a retroactive date not later than the
~xecution date and such insurance shall be maintained by the Project Manager for a
minimum of five years after the term. The BDD Board shall have the right dwing the
term to request the Project Manager to modify the msurance minimum limits specified in
Attachment B m order to mamtain reasonable coverage amounts. The Project Manager
shall make all commercially reasonable efforts to comply with any such request. If any
insurance required to be maintained by the Project Manager hereunder ceases to be •
reasonably ·available and commercially feasible in the commercial insurance market, the
Project Manager shall provide written notice to the BDD Board, accompanied by a
certificate from an independent insurance advisor of recognized national standing,
• certifying that such insurance is not reasonably available and commercially feasible in the
commercial insurance market for water utilities of similar type, geographic location, and •
capacity. Upon receipt of such notice, the Project M~ager shall use commercially
reasonable efforts to obtain other insurance which would provide comparable protection
against the risk to be insured and the BDD Board shall not unreasonably withhold its
consent to modify or waive such reqtrirement.
BDDPMFSA
page 14 ofl8

K. Third Party Beneficiaries. This Agreement was not intended to and
does not create any rights in any persons not a party hereto, specifically including Las
Campanas except as otherwise set forth in the Project Agreements and, specifically, the
FOPA.
L. Modifications. This Agreement may not be modified, altered,
changed, or amended orally but, rather, only by an instrument in writing executed by the
parties hereto.
M. Severability. If any term or condition of this Agreement shall be held
invalid or non-enforceable by any court of competent jurisdiction, the remainder oftbis
Agreement shall not be affected and shall be valid and enforceable to the fullest extent of
the law.
N. Subcontractors. The Project Manager shall not subcontract or
delegate any portion of the services to be performed in excess of $20,000 under this
Agreement without the advance written approval of the BDD Board. Any attempted
subcontracting or delegating without the BDD Board's advance written approval shall be
null and void and without any legal effect.
0. Choice of Law. This Agreement shall be governed by and construed
in accordance with the substantive laws of the State of New Mexico, without regard to its
choice oflaw rules. The parties hereby submit to the exclusive jurisdiction of the courts
of the State ofNew Mexico, and venue is hereby stipulated in the First Judicial District
Court, State of New Mexico.
P. Sovereign immunity. No provision of this Agreement modifies or
waives any sovereign immunity or limitation of liability enjoyed by parties or their
"public employees" at common law or under the New Mexico Tort Claims Act, NMSA
1978, Sections 41-4-1, et seq. (1976), as amended.
Q. Survival of obligations. Cancellation, expiration, or earlier
termination of this Agreement shall not relieve the parties of obligations that by their
nature should survive such cancellation, expiration, or earlier termination.
/ ,
R. Binding effect. This Agreement, as it may be amended from time to
time, shall be binding on and inure to the benefit of the parties hereto and their respective
successors-in-interest, legal representatives, and assigns permitted hereunder.
S. Other Documents. The parties .agree to execute such further and other
agreements as reasonably IU?-Y be required from time to time to carry out the provisions
of this Agreement. •
T. Execution in Counterparts. This Agreement may be executed in
counterparts with separate signature pages in the format shown below.
BDDPMFSA
page 15 ofl8

r
( .
IN WITNESS WHEREOF, the BDD Board and the Sangre de Cristo Water
Division of the City of Santa Fe, New Mexico have caused this Agreement to be executed
and delivered by its duly authorized representatives as of the date specified below.
<RSION BOARD
D ate:---1-/4'-'--. 1/--""-£_.:;_✓J_,__7 _ _ _ _
THE SANGRE DE CRISTO WATER DIVISION OF THE CITY OF SANTA FE
By_~-----=---~---
By_J:)_ ,-~lkc:--===---=--=•Q_- ~~~--
David Coss, Mayor
.
.: ,, "',✓ :. '. :
•. ,, <;" , ....... ;-,,:..,:,.
... , , '1 " :·: .• .•~·-····
1 I I I I II 1 I l ~ \ ,•• . • :," : ••· •
BDDPMFSA
page 16 of 18
Date

(
ATTACHMENT A
Parties designated to receive notices under this Agreement:
For the Sangre de Cristo Water Division of the City of Santa Fe
Rick Carpenter
Sangre de Cristo Water Company
801 West San Mateo Street
Santa Fe, NM 87505
With copies to:
City Manager
City of Santa Fe
P.O.Box909
Santa Fe, NM 87504-0909
City Attorney
City of Santa Fe
P.O.Box909
Santa Fe, NM 87504-0909
For the Buckman Direct Diversion Board:
Chair, Buclanan Direct Diversion Board
c/o Stephanie Trujillo, Secretary
801 West San Mateo Street
Santa Fe, NM 87505
With copies to: •
Santa Fe County
attn: County Manager
P.O.Box276
Santa Fe, New Mexico 87504-0276
County Attorney
Santa Fe County
·P.O. Bo}!: 276
Santa Fe, New Mexico 87504-0276
BDDPMFSA
page 17 ofl8

BDDPMFSA
page 18 of 18
e_ · (
ATTACHMENT B
Specifications for Insurance Coverage

AMENDMENT NO.1
TO
.c·...._...
ITEM# 08.,.0'153
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 1 to the Project Management and Fiscal Services Agreement
(hereinafter referred to as "Amendment No. 1'') is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
certain Joint Powers Agreement by and between the City of Santa Fe ("City") and_Santa Fe
County ("County"), dated March 7, ~005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager").
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specificaJly describe the duties and
responsibilities of the BDD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the City, the County and Las Carnpanas will be paid and credited against
the obligations in connection with the Buckman Direct Diversion Project, the duties and
responsibilities of the Project Manager as fiscal agent for the project, and other necessary terms;
and
WHEREAS, the BOD Board and the Project Manager desire to enter into this
Amendment No. I to increase the Project Manager's monetary authority to enter into contracts
and expenditures for the project.

NOW, THEREFORE, for the covenants, promises and consideration described in this
Amendment No. 1, the BDD Board and the Project Manager agree as follows:
1. Article 3, Section C is deleted in its entirety and replaced with the following:
C. Review and approve all contracts for the procurement of the Project including
documents related to design, engineering, construction, operation, and maintenance of the
Project, including, without limitation, requests for proposals, requests for qualifications,
contracts, expenditures in amounts greater than $30,000,
The BOD Board shall review, and if approved, execute the Owners' Consultant and the
Design-Build Contracts, pursuant to Sections JO and 11 of the JPA.
Contracts and expenditures in amounts of $30,000 or less may be reviewed, and if
acceptable, may be approved administratively by the Project Manager. In an emergency,
the Project Manager may approve contracts and expenditures over $30,000 if it is not
practical to submit the contracts or expenditures to the BDD Board for approval prior to
the transaction. In that event, the BOD Board shall be informed of the emergency
procurement in excess of $30,000 at the next scheduled meeting.
2. In all other respects, the Agreement shall remain in full force and effect in
accordance with its terms.
lN WITNESS WHEREOF, the BOD Board and the Sangre de Cristo Water Division of
the City of Santa Fe, New Mexico, have caused this Amendment No. I to be executed and
delivered by its duly authorized representatives as of the date specified below.
THE BUCKMAN DIRECT DIVERSION
BOARD
Name: ~~~ee.i:1'2:~~~"IIZ,:;,4..~5".L
Title: Chait' ~/
Date: ~¥
Attest:
Valerie Espinoza, Comity Clerk
Amendment No. I to PMFSA
THE SANGRE DE CRISTO WATER
DMSION OF THEfl.TY OF SANTA FE
By: ~,Q ~
Name ·oavid Coss
Title: Mayor Oc,
Date: 6- ( Lf - _ o
Approved as to form:
M M!/5City Attom8./ JDate: ~ t>9.I
2 of3

r
Amendment No. J to PMFSA 3of3

AMENDMENT NO. 2
TO
PROJECT MANAGEMENT AND F1SCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 2 to the Project Management and Fiscal Services Agreement
(hereinafter referred to as "Amendment No. 2") is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
certain Joint Powers Agreement by and between the City of Santa Fe ("City") and Santa Fe
County ("County"), dated March 7, 2005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager'').
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specifically describe the duties and
responsibilities of the BDD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the City, the County and Las Campanas will be paid and credited against
the obligations in connection with the Buckman Direct Diversion Project, the duties and
responsibilities of the Project Manager as fiscal agent for the project, and other necessary tenns;
WHEREAS, the Agreement was amended pursuant to Amendment No. 2 to the
Agreement approved by the BDD Board on July 10, 2008 to increase the Project Manager's
monetary authority to enter into contracts and expenditures from the project from $20,000 to
$30,000; and

C
WHEREAS, the BOD Board and the Project Manager desire to enter into this
Amendment No. 2 to further increase the Project Manager's monetary authority to enter into
contracts and expenditures for the project.
NOW, THEREFORE, for the covenants, promises and consideration described in this
Amendment No. 2, the BOD Board and the Project Manager agree as follows:
1. Article 3, Section C is deleted in its entirety and replaced with the following:
C. Review and approve all contracts for the procurement of the Project including
documents related to design, engineering, construction, operation, and maintenance of the
Project, including, without limitation, requests for proposals, requests for qualifications,
contracts, expenditures in amounts greater than $50,000,
The BDD Board shall review, and if approved, execute the Owners' Consultant and the
Design-Build Contracts, pursuant to Sections 10 and 11 of the JPA.
Contracts and expenditures in amounts of $50,000 or less may be reviewed, and if
acceptable, may be approved administratively by the Project Manager. In an emergency,
the Project Manager may approve contracts and expenditures over $50,000 if it is not
practical to submit the contracts or expenditures to the BDD Board for approval prior to
the transaction. In that event, the BDD Board shall be infonned of the emergency
procurement in excess of $50,000 at the next scheduled meeting.
2. Article 4, Section I is amended by deleting the monetary amount contained in the
section and replacing it with "$50,000."
3. Article 10, Seetion N Subcontracton is amended by deleting the monetary
amount contained in the section and replacing it with "$50,000."
4, In all other respects, the Agreement shall remain in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, the BDD Board and the Sangre de Cristo Water Division of
the City of Santa Fe, New Mexico, have caused this Amendment No. 2 to be executed and
delivered by its duly authorized representatives as of the date specified below.
Amendment No. I to PMFSA 2o/3

BUCKMAN DIRECT DIVERSION
BOARD
By: ,-. ..Jl_)
Comrniss· ner Virginia Vi ·1
Chairperson rd~ _ jf~'?
APPROVED AS TO FORM:
APPROVED:
~R]~
Davi~bity Finance Director
Busine?s Unit/Line Item
C
mE SANGRE DE CRISTO WATER
DMSION OF fflE CITY OF SANTA FE
By:
David Coss
Mayor {
Date: LO rl G:, { 04
APPROVED AS TO FORM:
MDMCity Attorney'!
Date: CC/ 'l/ 6<f
ATl'EST:

AMENDMENT NO. 3
TO
ITEM # / 2 -{)f9:;
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 3 to the Project Management and Fiscal Services Agreement
(hereinafter refened to as "Amendment No. 3") is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
certain Joint Powers Agreement by and between the City of Santa Fe ("City") and Santa Fe
County ("County"), dated March 7, 2005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager").
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specifically describe the duties and
responsibilities of the BDD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the City, the County and Las Campanas will be paid and credited against
the obligations in connection with the Buckman Direct Diversion Project, the duties and
responsibilities of the Project Manager as fiscal agent for the project, and other necessary terms;
WHEREAS, the Agreement was amended pursuant to Amendment No. 1 to the
Agreement, approved by the BDD Board on July 10, 2008, to increase the Project Manager's
monetary authority to enter into contracts and expenditures for the project from $20,000 to
$30,000;

WHEREAS, the Agreement was amended pursuant to Amendment No. 2 to the
Agreement, approved by the BDD Board on September 3, 2009, to increase the Project
Manager's monetary authority to enter into contracts and expenditures for the project from
$30,000 to $50,000; and
WHEREAS, the BDD Board and the Project Manager desire to enter into Amendment
No. 3 to clarify that the Project Manager's monetary authority excludes any applicable gross
receipts tax.
NOW, THEREFORE, for the covenants, promises and consideration described in this
Amendment No. 3, the BDD Board and the Project Manager agree as follows:
1. Article 3, Section C, third paragraph, is amended by the addition of the
underscored language:
Contracts and expenditures in amounts of $50,000 or less, excluding any applicable gross
receipts !ax to be paid. may be reviewed. and if acceptable, may be approved
administratively by the Project Manager. In an emergency, the Project Manager may
approve contracts and expenditures over $50,000 if it is not practical to submit the
contracts or expenditures to the BDD Board for approval prior to the transaction. In that
event, the BDD Board shall be informed of the emergency procurement in excess of
$50,000 at the next scheduled meeting.
2. ln all other respects, the Agreement shall remam in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, the BDD Board and the Sangre de Cristo Water Division of
the City of Santa Fe, New Mexico, have caused this Amendment No. 3 to be executed and
delivered by its duly authorized representatives as of the date specified below.
Amendment No 3 to PMFSA 2of3

BUCKMAN DIRECT DIVERSION
BOARD
By:
ouncilor Chris Calvert . ,
Chairperson .& :J/16 ;4✓,._,,.1,-:,,./:~
ATTEST0
,x.J 1
Valerie Espinoza, County Clerk
File Date:
APPROVED AS TO FORM:
J...-.Nancy R. Long, BDDB Counsel
Business Unit/Line Item
Amendmenl No. 3 10 PMFSA
THE SANGRE DE CRISTO WATER
DMSION OF THE CITY OF SANT A FE
By:
David Coss
Date: Mayor J ?
12-~ - ( - --
APPROVED AS TO FORM:
~ /V/ --
City Attorney f /,~p
Date: l15
/ 4
ATTEST:
3of3

AMENDMENT NO. 4
TO
ITEM# f 5-- !2.3/
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 4 to the Project Management and Fiscal Services Agreement
(hereinafter referred to as "Amendment No. 4") is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
certain Joint Powers Agreement by and between the City of Santa Fe ("City") and Santa Fe
County ("County"), dated March 7, 2005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager").
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project ("Project") on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specifically describe the duties and
responsibilities of the BDD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the partners will be paid and credited against the obligations in connection
with the Buckman Direct Diversion Project, the duties and responsibilities of the Project
Manager as fiscal agent for the Project, and other necessary terms;
WHEREAS, the Agreement was amended pursuant to Amendment No. I to the
Agreement to increase the Project Manager's monetary authority to enter into contracts and
expenditures for the Project from $20,000 to $30,000; pursuant to Amendment No. 2 to the
Agreement to increase the Project Manager's monetary authority from $30,000 to $50,000; and
pursuant to Amendment No. 3 to the Agreement to clarify that the monetary authority is
exclusive of gross receipts tax; and

WHEREAS, the BDD Board and the Project Manager desire to enter into this
Amendment No: 4 to extend the term of the Agreement.
NOW, THEREFORE, for the covenants, promises and consideration described in this
Amendment No. 4, the BDD Board and the Project Manager agree as follows:
I. ARTICLE 2, TERM, EFFECTIVE DATE, is amended to extend the term of
the Agreement effective as of December 1, 2015 to June 30, 2016.
2. In all other respects, the Agreement shall remain in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, the BDD Board and the Sangre de Cristo Water Division of
the City of Santa Fe, New Mexico, have caused this Amendment No. 4 to be executed and
delivered by its duly authorized representatives as of the date specified below the signatory for
the Sangre de Cristo Water Division of the City of Santa Fe.
Amendment No. 4 to PMFSA 2of3

BUCKMAN DIRECT DIVERSION BOARD
APPROVED AS TO FORM:
APPROVED:
Oscar
Business Unit/Line Item
Amendment No. -I lo PMFSA
THE SANGRE DE CRISTO WATER
DIVISION OF THE 7TA FE
ByA _- _ _,--?_ ______
Javier Gonzales,
Mayor
Date: /.2./2J/ I '7
APPROVED AS TO FORM:
3 of3

AMENDMENT NO. 5
TO
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 5 to the Project Management and Fiscal Services Agreement
(hereinafter referred to as "Amendment No. 5") is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
certain Joint Powers Agreement by and between the City of Santa Fe ("City") and Santa Fe
County ("County"), dated March 7, 2005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager").
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project ("Project") on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specifically describe the duties and
responsibilities of the BDD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the partners will be paid and credited against the obligations in connection
with the Buckman Direct Diversion Project, the duties and responsibilities of the Project
Manager as fiscal agent for the Project, and other necessary terms;
WHEREAS, the Agreement was amended pursuant to Amendment No. 1 to the
Agreement to increase the Project Manager's monetary authority to enter into contracts and
expenditures for the Project from $20,000 to $30,000; pursuant to Amendment No. 2 to the
Agreement to increase the Project Manager's monetary authority from $30,000 to $50,000;
pursuant to Amendment No. 3 to the Agreement to clarify that the monetary authority is

exclusive of gross receipts tax; and pursuant to Amendment No. 4 to extend the term of the
Agreement; and
WHEREAS, the BDD Board and the Project Manager desire to enter into this
Amendment No. 5 to further extend the term of the Agreement.
NOW, THEREFORE, for the covenants, promises and consideration described in this
Amendment No. 5, the BDD Board and the Project Manager agree as follows:
1. ARTICLE 2, TERM, EFFECTIVE DATE, is amended to extend the term of
the Agreement effective as ofJuly 1, 2016 to December 31, 2016.
2. In all other respects, the Agreement shall remain in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, the BDD Board and the Sangre de Cristo Water Division of
the City of Santa Fe, New Mexico, have caused this Amendment No. 5 to be executed and
delivered by its duly authorized representatives as of the date specified below the signatory for
the Sangre de Cristo Water Division of the City of Santa Fe.
Amendment No. 5 to PMFSA 2of3

BUCKMAN DffiECT DIVERSION BOARD
APPROVED AS TO FORM:
APPROVED:
ORd~-scar o nguez, 1ty mance irector
~,tBusiness Unit/Line Item
Amendment No. 5 to PMFSA
THE SANGRE DE CRISTO WATER
DIVISION OF THE CITY OF SANTA FE
B~~Jt-Javier Gonzales,
Mayor/ /
Date: ffe, / U- 1 / ~
APPROVED AS TO FORM:
City Attorney /j ,/;Date: & ; £
l ;,
Date: V> - 2-r_f.- l(e
3 o/3

Buckman Direct Diversion
A joint regional project of the City of Santa Fe and Santa Fe County to build a reliable and sustainable water supply.
Date:
To:
From:
Subject:
Memorandum
For June 2, 2016 meeting
Buckman Direct Diversion Board
Nancy R. Long
Consideration of Extension to the Term of the PMFSA
ITEM AND ISSUE:
Discussion and possible action to extend the term of the Project Management and Fiscal Services
Agreement (PMFSA) from June 30, 2016 to December 31, 20 I 6.
BACKGROUND AND SUMMARY:
The Staff Advisory Group recommended that the Buckman Direct Diversion Board select the
City of Santa Fe to continue to serve as the Support Entity for the BOOB and enter into a new
agreement for support services with a term through June 30, 2020. The Board adopted the Staff
Advisory Group's recommendation. The original tem1 of the PMFSA was December 31, 2015
but was extended to June 30, 2016 to allow time for the negotiation of a new agreement.
Negotiations have been ongoing regarding the terms of the new Support Entity Agreement. It is
unlikely that the new agreement will be finalized prior to the expiration of the term of the
PMFSA which is June 30, 2016. It is therefore recommended that the term of the PMFSA be
extended through December 31, 2016, It is expected that the new Suppo11 Entity Agreement can
be completed prior to that time.
RECOMMENDATION:
It is recommended that the Board approve Amendment No. 5 to the PMFSA, extending the term
of the agreement to December 31, 2016. The amendment must also be approved by the City of
Santa Fe.
c/o BOD Project Manager, Sangre de Cristo Water Division, City of Santa Fe• P.O. Box 909 • Santa Fe, NM 87504 • www.bddproject.org

AMENDMENT NO. S
TO
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 5 to the Project Management and Fiscal Services Agreement
(hereinafter referred to as "Amendment No. 5") is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
ce11ain Joint Powers Agreement by and between the City of Santa Fe (''City") and Santa Fe
County ("County"), dated March 7, 2005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager").
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project ("Project") on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specifically describe the duties and
responsibilities of the BDD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the partners will be paid and credited against the obligations in connection
with the Buckman Direct Diversion Project, the duties and responsibilities of the Project
Manager as fiscal agent for the Project, and other necessary te1ms;
WHEREAS, the Agreement was amended pursuant to Amendment No. l to the
Agreement to increase the Project Manager's monetary authority to enter into contracts and
expenditures for the Project from $20,000 to $30,000; pursuant to Amendment No. 2 to the
Agreement to increase the Project Manager's monetary authority from $30,000 to $50,000;
pursuant to Amendment No. 3 to the Agreement to clarify that the monetary authority is

Buckman Direct Diversion Board
Summary of Contracts, Agreements, & Amendments
Section to be completed by department for each contract or contract amendment
1 FOR: ORIGINAL CONTRACT r or CONTRACT AMENDMENT r,7
2 Name of Contractor Santa Fe County, BOOB. City of Santa Fe
3 Complete information requested ~ Plus GRT
.. r Inclusive of GRT
Original Contract Amount: na
Termination Date: ________N_o_ve_m_b_er_8-'''-2_0_0_7
r Approved by BOOB Date:
or by Project Manager Date: Pending
Contract is for: project management and fiscal services agreement for the BOD
------------------------------------------Amendment# 5 to the Original Contract#
--------
lncrease/(Decrease) Amount$ _n....:.a_____________
Extend Termination Date to: December 31 , 2016
Approved by BOOB Date: June 2, 2016
r or by Project Manager Date:
Amendment is for: Extend term
-------------------------------------------4 History of Contract & Amendments: (option : attach spreadsheet if multiple amendments) r;, Plus GRT
r Inclusive of GRT
Amount$ na of original Contract# 14-0661...,;._c.....:;._;....:.....:._____ Termination Datt 06/30/2015
Reason: professional services
Amount$ na amendment# 1 Termination Date: na
---------- -~-----Reason: increase pm monetary authority
Amount$ na amendment# 2 Termination Date: na
----------- -------
Reason: increase pm monetary authority
Amount$ na amendment# 3___________ Termination Date: _______
Reason: clarify monetary authority
Amount$ na amendment# 4 Termination Date:
----------- -------Reason: extend term 6/30/16
Total of Original Contract plus all amendments: $ na
-------------------
1 of 2

AMENDMENT NO. 7
TO
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 7 to the Project Management and Fiscal Services Agreement
(hereinafter referred to as "Amendment No. 7") is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
certain Joint Powers Agreement by and between the City of Santa Fe ("City") and Santa Fe
County ("County"), dated March 7, 2005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager").
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project ("Project") on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specifically describe the duties and
responsibilities of the BOD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the partners will be paid and credited against the obligations in connection
with the Buckman Direct Diversion Project, the duties and responsibilities of the Project
Manager as fiscal agent for the Project, and other necessary terms;
WHEREAS, the Agreement was amended pursuant to Amendment No. 1 to the
Agreement to increase the Project Manager's monetary authority to enter into contracts and
expenditures for the Project from $20,000 to $30,000; pursuant to Amendment No. 2 to the
Agreement to increase the Project Manager's monetary authority from $30,000 to $50,000;
pursuant to Amendment No. 3 to the Agreement to clarify that the monetary authority is

exclusive of gross receipts tax; and pursuant to Amendment Nos. 4, 5 and 6 to extend the term of
the Agreement.
WHEREAS, the BDD Board and the Project Manager desire to enter into this
Amendment No. 7 to further increase the Project Manager's monetary authority to enter into
contracts and expenditures for the Project from $50,000.00 plus applicable gross receipts tax to
$60,000.00 plus gross receipts tax.
NOW, THEREFORE, for the covenants, promises and consideration described in this
Amendment No. 7, the BDD Board and the Project Manager agree as follows:
I. Article 3, Section C is deleted in its entirety and replaced with the following:
C. Review and approve all contracts for the procurement of the Project including
documents related to design, engineering, construction, operation, and
maintenance of the Project, including, without limitation, requests for proposals,
requests for qualifications, contracts, expenditures in amounts greater than
$60,000.00.
The BDD Board shall review, and if approved, execute the Owners' Consultant
and the Design-Build Contracts, pursuant to Sections 10 and 11 of the JPA.
Contracts and expenditures in amounts of $60,000.00 or less may be reviewed,
and if acceptable, may be approved administratively by the Project Manager. In
an emergency, the Project Manager may approve contracts and expenditures over
$60,000.00 if it is not practical to submit the contracts or expenditures to the BDD
Board for approval prior to the transaction. In that event, the BDD Board shall be
informed of the emergency procurement in excess of $60,000.00 at the next
scheduled meeting.
2. Article 4, Section I is amended by deleting the monetary amount contained in the
section and replacing it with "$60,000.00."
3. Article 10, Section N Subcontractors is amended by deleting the monetary
amount contained in the section and replacing it with "$60,000.00."
4. In all other respects, the Agreement shall remain m full force and effect in
accordance with its terms.
Amendment No. 7 to PMFSA 2of4

IN WITNESS WHEREOF, the BDD Board and the Sangre de Cristo Water Division of
the City of Santa Fe, New Mexico, have caused this Amendment No. 7 to be executed and
delivered by its duly authorized representatives as of the date specified below the signatory for
the Sangre de Cristo Water Division of the City of Santa Fe.
Amendment No. 7 to PMFSA 3of4

By:
et Ives,
B B Chair
Date: G, - 7 - } ~
APPROVED AS TO FORM:
APPROVED:
Business Unit/Line Item
Amendment No. 7 to PMFSA
mE SANGRE DE CRISTO WATER
DIVISION OF THE CITY OF SANTA FE
By:~
Alan Webber
Mayor
Date: '1-l '1-18
APPROVED AS TO FORM:
City Attorney
Date: {/(ID
4of4

AMENDMENT NO. 8
TO
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 8 ("Amendment No. 8") to the Project Management and Fiscal
Services Agreement ("Agreement") is between the Buckman Direct Diversion Project Board (the
"BOD Board") and the City of Santa Fe ("City" or "Project Manager").
WHEREAS, the Agreement was amended pursuant to Amendment No. 1 to the
Agreement to increase the Project Manager's monetary authority to enter into contracts and
expenditures for the Project from $20,000 to $30,000; pursuant to Amendment No. 2 to the
Agreement to increase the Project Manager's monetary authority from $3i0,000 to $50,000;
pursuant to Amendment No. 3 to the Agreement to clarify that the monetary authority is
exclusive of gross receipts tax; pursuant to Amendment Nos. 4, 5 and 6 to extend the term of the
Agreement; and pursuant to Amendment No. 7 to increase the Project Manager's monetary
authority from $50,000 plus applicable gross receipts tax to $60,000.00 plus gross receipts tax;
WHEREAS, the BOD Board and the Project Manager desire to further amend the
Agreement as set out below;
WHEREAS, the County has reviewed and approved this Amendment No. 8.
NOW, THEREFORE, for consideration, the BOD Board and the Project Manager agree
as follows:
1. ARTICLE 1. DEFINITIONS. Section L of Article 1 is deleted in its entirety
and replaced with the following:
L. "Las Carnpanas" means the Las Campanas Water and Sewer
Cooperative, a New Mexico cooperative association and the Club
at Las Campanas, a New Mexico not for profit association, both
signatories of the FOPA.

2. ARTICLE 3. RESPONSIBILITIES OF THE BOD BOARD. Subsection B of
Article 3 is deleted in its entirety and replaced with the following:
B. Supervise the performance of the Project Manager pursuant to§§ 4
and 12 of the JP A, as amended.
3. ARTICLE 6. SPECIFIC RESPONSIBILITIES OF THE PROJECT
MANAGER DURING OPERATIONS. Subsection O of Article 6 is deleted in its entirety and
replaced with the following:
0. Provide all necessary staff, materials, and supplies necessary to operate
and maintain the Project consistent with Board funding. All Project
staff shall be employees of the City, including a Facilities Manager,
who shall be responsible for reporting to the BDD Board and the City
Manager, for the day-to-day operations of the Project, and for
supervising all other Project staff. Consistent with the City Charter,
only the City Manager has the authority to hire, fire, and discipline the
Facilities Manager.
Prior to hiring the Facilities Manager, the City Manager will brief the
BDD Board in executive session regarding the candidates for the
position, and the BDD Board may appoint the Citizen member or
his/her alternate to be on the interview panel.
Upon receiving a written resignation from the Facilities Manager, and
before issuing a suspension, demotion, dismissal, or re-assignment of
the Facilities Manager, the City Manager shall brief the County
Attorney, the City Attorney, and the BDD Board Attorney regarding
the effects, if any, of the action on the operation of the BDD or other
matters concerning the BDD.
The Parties do not intend to create any third-party beneficiaries to this
Agreement and nothing herein is intended to create or affect the rights
or obligations of any City employee, including the Facilities Manager,
or conflict with the City Charter;
4. ARTICLE 7. FISCAL AGENT RESPONSIBILITIES. Subsection A(6) of
Article 7 is deleted in its entirety and replaced with the following :
(6) After the end of each fiscal year, and in accordance with the New
Mexico state audit rule, provide copies of audited financial
statements to the City, the County and Las Carnpanas, showing the
Amendment No. 8 to PMFSA 20/6

assets, liabilities, revenues, expenses, equity balances and budget
comparisons for the BDD Project fund on an annual basis for the
prior fiscal year in accordance with GAAP and GASB, complete
the Management's Discussion and Analysis (MDA) for the annual
financial report, and provide upon request, a monthly general
ledger report. The Project Manager shall be allowed to
recommend that its auditors produce the financial statements,
dependent on staff availability and the complexity of the reporting
requirements.
5. ARTICLE 8. COMPENSATION. Section A of Article 8 is deleted in its entirety
and replaced with the following:
A. The Project Manager shall be compensated for its services as fiscal
agent to the Project in an amount equal to four and one-half
percent (4.5%) of the total annual operating budget (excepting
reserve funds and litigation expenses) of the Project in each fiscal
year.
6. Except as expressly modified by this Amendment No. 8 and prior Amendment
Nos. 3, 6, and 7, the Agreement remains in full force and effect in accordance with its terms.
[Signature pages follow]
Amendment No. 8 to PMFSA 3of6

RSIONBOARD
Date:
APPROVED AS TO FORM:
Amendment No. 8 to PMFSA 4of6

SANTA FE COUNTY APPROVAL
Board of County Commissioners
Geraldine Salazar
County Clerk
Approved as to form:
~rick
County Attorney
Stephanie Schardin Clarke
Finance Director
Amendment No. 8 to PMFSA 5of6

CITY OF SANTA FE
By:
Date:
Alan Webber,
Mayor
I I
APPROVED AS TO FORM:
City Attorney
City Firumcerector
Busidess Unit/Line Item
Amendment No. 8 to PMFSA 6of6

a_~
Buckman Direct Diversion
AGENDA
The City of Santa Fe
And
Santa Fe County
Buckman Direct Diversion Board Meeting
THURSDAY, DECEMBER 1, 2016
4:15 PM
CITY COUNCIL CHAMBERS
CITY HALL
200 LINCOLN AVENUE
I. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF AGENDA
4. APPROVAL OF CONSENT AGENDA
5. APPROVAL OF MINUTES FROM THE NOVEMBER 3, 2016 BUCKMAN
DIRECT DIVERSION BOARD MEETING
6. MATTERS FROM STAFF
INFORMATIONAL ITEMS
7. Monthly Update on BDD operations. (Erick LaMonda)
8. Presentation on the Report: Storm Water Quality Monitoring of the Rio Grande at the
Buckman Direct Diversion, 2015. (Daniella Bowman)

CONSENT AGENDA
9. Request for approval of the 2017 Fiscal Services Audit Committee (FSAC) meetings
calendar. (Erminia Tapia)
I 0. 1st Quarter Financial Report. (Mackie Romero)
DISCUSSION AND ACTION
11. Request for approval of recommendation of matching funds for the FY 2017 Water
Trust Board Application for funding an additional 4 million gallon storage tank at the
BDD Regional Water Treatment Facility. (Rick Carpenter and Alan Hook)
12. Request for approval of payment to the Bureau of Land Management in the amount of
$71 ,036.64 for BDDB right-of-way rental agreements effective 01/01/2017 -
12/31 /20 I 7. (Mackie Romero)
13. Consideration and possible approval of Amendment No. 6 to the Project Management
and Fiscal Services Agreement ("PMFSA") between the Buckman Direct Diversion
Board and the City of Santa Fe to extend the term of the Agreement from December
31, 2016 on a month by month basis until a replacement agreement for support
services is entered into between the parties. (Nancy R. Long)
MATTERS FROM THE PUBLIC
REPORT FROM THE EXECUTIVE DIRECTOR
MATTERS FROM THE BOARD
NEXT MEETING: Thursday, January S, 2017@4:lSpm
ADJOURN
EXECUTIVE SESSION
In accordance with the New Mexico Open Meetings Act NMSA 1978, § I 0-15-1 (H)(7),
discussion regarding threatened or pending litigation in which the BDDB is, or may become, a
participant, including without limitation: Discussion regarding Diversion Structure issues.
(Nancy R. Long)

~~
Bucl!men Direcl Diversion
PERSONS WITH DISABILITIES IN NEED OF ACCOMODATIONS, CONTACT THE
CITY CLERK'S OFFICE AT 505-955-6520, FIVE (5) WORKING DAYS PRIOR TO
THE MEETING DATE

The motion passed by unanimous voice vote.
13. Request for approval of Amendment No. 6 to the Project Management and
Fiscal Services Agreement ("PMFSA") between the Buckman Direct
Diversion Board and the City of Santa Fe to extend the term of the
Agreement from December 31, 2016 on a month by month basis until a
replacement agreement for support services is entered into between the
parties
NANCY LONG (BDD Board Consulting Attorney): Mr. Chair, members
of the Board, we are seeking Board approval for amendment number 6 which does extend
the term of the PMFSA from the current expiration date of December 31 at the end of this
year on a month to month basis while we continue to negotiate the terms of the
agreement. As my memo notes and you all will remember, a staff advisory group was
constituted to decide on recommendations to make to the Board for the successor support
entity and it was decided and recommended as approved by the Board that the City would
continue to serve in that role. Then the staff group continued to put together the terms of
the new agreement, which we are calling a Support Entity Agreement at this time, and
that had some vetting on the staff side and then has now gone to the City. The City will
provide comments back and we're hopeful that we will come to a successful resolution of
those terms shortly. But it was determined that the end of the year just was not looking
very likely with everything else that was going on. So the agreement is changing, of
course, from the time that it was entered into when there wasn't even a project yet so
we're deleting a lot of unnecessary terms in the agreement and negotiating on the
conceptual level of how this will look. So we'll hear back from the City shortly I'm sure,
and we'll hope to get it done in the first part of next year.
CHAIR DOMINGUEZ: Okay, so the first part of next year. Okay. I was
going to ask, you're not asking- we're not going to have to do this every month for the
next eight months are we?
MS. LONG: No, the amendment is worded such that it extends month to
month until that new agreement is entered into and of course that will come to you for
your approval. It's an agreement that is entered into between the Board and the City.
CHAIR DOMINGUEZ: Okay.
CHAIRMAN CHAVEZ: Mr. Chair.
CHAIR DOMINGUEZ: Commissioner.
CHAIRMAN CHAVEZ: There was something else that was discussed
and Mackie may have to help me remember this piece, but won't this also help you to
align our budget review, annual review, with the City's budget cycle; won't those align
better?
MS. ROMERO: Mr. Chair, Commissioner Chavez, yes. There is a
section in the agreement that has to do with the completion of the financial statements
and that's what we were talking about. The current agreement gives us a 90-day deadline
to have financial statements at the end of the fiscal year which, as we know, BDD has not
been able to adhere to that deadline. It is just because we are intertwined with the City it
makes more sense to change that language. So that's one of the items that will be
adjusted on this new agreement.
Buckman Direct Diversion Board: December 1, 2016 18

CHAIR DOMINGUEZ: All right. Anyone else? What are the wishes of
the Board on item nwnber 13?
COUNCILOR IVES: Move to approve.
CHAIR DOMINGUEZ: Motion by Councilor Ives. Do we have a
second?
MS. FORT: Second.
CHAIR DOMINGUEZ: And a second by Board Member Fort. Any
discussion?
The motion passed by unanimous voice vote.
MATTERS FROM THE PUBLIC
CHAIR DOMINGUEZ: Is there anyone from the public that would like to
address the Board? Anyone from the public? I'll call it a third time, is there anyone from
the public that would like to address the Board? I see done.
REPORT FROM EXECUTIVE DIRECTOR
MR. VOKES: Mr. Chair, members of the Board, quickly a few items that
I would like to bring forward. We have had a number of school groups at the BDD. We
are continuing to improve and customize our program. We also are emphasizing the
importance of science to these kids. We are talking about biology, that there's chemistry,
there's physics, there's hydrologies, there's engineering. We also met with the City
conservation group so that we can become an integral part of their education program
too. So that's ongoing.
I will let you know that the new County Commissioners have scheduled a tour for
the 19th of December so we can introduce them to the BDD. And the final item I have is
an update on BDD vacancies which you've been handed. I will let you know that we are
working very hard with the Hwnan Resources Department of the City of Santa Fe to fill
positions. We did do some interviews for the maintenance superintendent. We did select
a candidate. We're in the process of doing background checks and looking at the
approval process to make an offer to that individual. We do have a new BDD operator
that's starting. A member of the metering department is transferring over because of the
automation there - there are jobs being eliminated, so we are going to take one of their
best staff and he's coming over so we are very excited about that. The maintenance
mechanic, there were four candidates that were invited to do WorkKeys; none of the
candidates were able to pass the WorkKeys to move on to the interview process. One of
the things - Mr. Carpenter and I met yesterday to talk about the WorkKeys and perhaps
adjusting the WorkKeys and so we're going to be taking that back to the Hwnan
Resources Department to see if we can make some adjustments on that to allow more
candidates into the interview process. I will say that we have advertised a journeyman
industrial electrician which has been vacant, seems like forever, two years. We did use
the website Indeed to advertise this position. I think we got over 246 hits, people
showing interest in it. We had about 17 or 18 that indicated that they were going to
apply. The last I talked to the Human Resources Department she got about eight
Buckman Direct Diversion Board: December 1, 2016 19

AMENDMENT NO. 6
TO
PROJECT MANAGEMENT AND FISCAL SERVICES AGREEMENT
BUCKMAN DIRECT DIVERSION PROJECT
This Amendment No. 6 to the Project Management and Fiscal Services Agreement
(hereinafter referred to as "Amendment No. 6") is entered into by and between the Buckman
Direct Diversion Project Board (the "BDD Board"), an entity organized and existing under that
certain Joint Powers Agreement by and between the City of Santa Fe ("City") and Santa Fe
County ("County"), dated March 7, 2005, and the Sangre de Cristo Water Division of the City of
Santa Fe ("Project Manager").
WHEREAS, the BDD Board and the Project Manager entered into the Project
Management and Fiscal Services Agreement (the "Agreement") for the Buckman Direct
Diversion Project ("Project") on November 8, 2007;
WHEREAS, the purpose of the Agreement was to specifically describe the duties and
responsibilities of the BDD Board, the duties and responsibilities of the Project Manager, how
the project will be operated and maintained by the Project Manager on behalf of the BDD Board,
how contributions by the partners will be paid and credited against the obligations in connection
with the Buckman Direct Diversion Project, the duties and responsibilities of the Project
Manager as fiscal agent for the Project, and other necessary terms;
WHEREAS, the Agreement was amended pursuant to Amendment No. 1 to the
Agreement to increase the Project Manager's monetary authority to enter into contracts and
expenditures for the Project from $20,000 to $30,000; pursuant to Amendment No. 2 to the
Agreement to increase the Project Manager's monetary authority from $30,000 to $50,000;
pursuant to Amendment No. 3 to the Agreement to clarify that the monetary authority is

exclusive of gross receipts tax; pursuant to Amendment Nos. 4 and 5 to extend the term of the
Agreement.
WHEREAS, the BDD Board and the Project Manager desire to enter into this
Amendment No. 6 to further extend the term of the Agreement.
NOW, THERE.FORE, for the covenants, promises and consideration described in this
Amendment No. 6, the BDD Board and the Project Manager agree as follows:
1. ARTICLE 2, TERM, EFFECTIVE DATE, is amended to extend the term of
the Agreement from December 31, 2016 on a month by month basis until a new support
services agreement executed by the parties.
2. In all other respects, the Agreement shall remain in full force and effect in
accordance with its terms.
IN WITNESS WHEREOF, the BDD Board and the Sangre de Cristo Water Division of
the City of Santa Fe, New Mexico, have caused this Amendment No. 6 to be executed and
delivered by its. duly authorized representatives as of the date specified below the signatory for
the Sangre de Cristo Water Division of the City of Santa Fe.
Amendment No. 6 to PMFSA 2of3

BUCKMAN DIRECT DIVERSION BOARD
By:
Carmichael Dominguez,
BDDB Chair
APPROVED AS TO FORM:
APPROVED:
Adam Johnson, Interim City Finance Director
Business Unit/Line Item
Amendment No. 6 to PMFSA
THE SANGRE DE CRISTO WATER
DIVISION OF THE CITY OF SANTA FE
By: _____________
Javier Gonzales,
Mayor
Date:,____________
APPROVED AS TO FORM:
City Attorney
Date:.____________
Yolanda Vigil, City of Santa Fe Clerk
Date: _ ___________
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