60-66700-25-EM116_Approved Emergency Procurement_FY26-001_Plexos Group.pdf.PDF

2022 Emergency Form

STATE OF NEW MEXICO

EMERGENCY DETERMINATION FORM

The emergency procurement method (NMSA 1978, Section 13-1-127) may only be used when the service, construction or item of tangible personal property procured:

1. is needed immediately to:

a. control a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; or

b. plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event; and

2. cannot be acquired through normal procurement methods.

a. The agency entering into an emergency procurement should employ a competitive process to the extent practicable under circumstances.

The purchase or lease of heavy road equipment is not allowed under the emergency procurement statute.

The state purchasing agent or a central purchasing office that makes an emergency procurement shall outline its determination of the basis for the procurement and its selection of the contractor in writing and include the writing in the procurement file. (That writing can be made on this form.)

Promptly thereafter:

the state purchasing agent shall post notice of the procurement on its website; or the central purchasing office shall post notice of the procurement on its website, if it maintains one, and shall transmit the notice to the state purchasing agent for posting on the state purchasing agent's website.

NOTE: the state purchasing agent or a central purchasing office that makes an emergency procurement to plan or prepare for the response to a serious threat to public health, welfare, safety or property caused by a flood, fire, epidemic, riot, act of terrorism, equipment failure or similar event shall account for the money spent in making the procurement and report on that accounting to the legislative finance committee and the department of finance and administration within sixty days after the end of the fiscal year in which the procurement was made.

I. Name of Agency: New Mexico Environment Department

Agency Chief Procurement Officer: Charlette Probst

Telephone Number: (505) 500-9779

II. Name of Contractor: Plexos Group, LLC

Address of Contractor: 1800 City Farm Drive, Building 4, Suite B, Baton Rouge, LA 70806

Amount of prospective contract: Not to exceed $5,000,000

Term of prospective contract: 1 year

III. Thoroughly list the services (scope of work), construction or items of tangible personal property being procured:

To fully implement the planning, design, procurement, construction, testing, delivery, and closeout of an interim and permanent water treatment facility to support the City of Las Vegas’s recovery from the Hermits Peak/Calf Canyon Fire. The contractor will fulfill the responsibilities assigned to the State of New Mexico under Intergovernmental Agreement No. 25-667-4000-0001. The project must ensure a functional, compliant, and sustainable drinking water system that can be successfully transferred to and operated by the City of Las Vegas.

IV. Provide an explanation for the justification of the procurement including a description of the emergency condition(s) requiring use of emergency procurement and the practicable competition utilized in compliance with NMSA 1978, Section 13-1-127.

Continued post-fire flooding during heavy rainfall events has repeatedly overwhelmed the City of Las Vegas’ existing water treatment infrastructure, resulting in system failures and persistent risks to the safety of the municipal water supply. These risks are ongoing and affect the health and welfare of thousands of Las Vegas residents daily. The existing system’s unreliability poses an imminent threat, particularly to vulnerable populations who depend on consistent access to clean and safe drinking water.

The Hermit’s Peak and Calf Canyon fires of 2022 was the largest wildfire event in New Mexico’s recorded history, and caused catastrophic damage to natural infrastructure critical to the City of Las Vegas’ water supply. These fires have been followed by significant and repeated post-fire flooding, which severely impacts the City’s ability to provide safe and reliable drinking water to its residents. Despite the availability of Federal Emergency Management Agency (FEMA) funding, progress on implementing permanent solutions through the City has been either nonexistent or unacceptably slow in the more than two years since the disaster.

To address this continued public health emergency, the State of New Mexico (through a coordinated effort by the Department of Finance and Administration, Department of Homeland Security and Emergency Management, and the New Mexico Environment Department (NMED)) is entering into an intergovernmental agreement (IGA) with the City of Las Vegas. This IGA enables the State to assume responsibility for planning, designing, procuring, constructing, and delivering both temporary and permanent water treatment facilities, and to bring these projects to closure in an expedited and coordinated manner.

As set forth in the IGA, the City acknowledges that the State must take over implementation of these critical projects due to ongoing threats to public health and the City’s inability to

6 months Agency has agreed to work on another procurement method during the 6 month period.

Hkent Cross-Out

Hkent Highlight do so in a timely and effective way.

The IGA was finalized within the last month and calls for immediate mobilization by the State to mitigate these public health threats. Given the urgency of the situation and the daily risk to residents, there is insufficient time to initiate and complete a traditional, non-emergency procurement process. Therefore, an emergency procurement is necessary for NMED to immediately engage a qualified contractor to manage the full scope of this effort.

This includes the coordination of technical design and construction of interim and long-term solutions, procurement of critical infrastructure and services, and rapid deployment of expertise to stabilize and secure the City’s water supply.

This emergency procurement is essential to protect public health and welfare, prevent further degradation of critical infrastructure, and fulfill the State’s obligation under the IGA to act without delay.

V. Describe what measures are being taken to minimize the duration and effect of this particular emergency procurement (for example: is the emergency only in place until a competitive process can be completed, etc.).

While this emergency procurement is necessary to immediately mobilize the effort to implement the IGA, the emergency contract will include provisions calling for the vendor to conduct all procurement activities in accordance with the New Mexico Procurement Code and applicable federal and to maintain full documentation of all procurement actions for audit and reimbursement purposes.

VI. Describe what measures the Agency will take in the future to prevent/mitigate use of an emergency procurement under similar circumstances.

NMED is establishing a new bureau to focus on emergency responses. This will help the Department proactively coordinate with local governments, the Department of Homeland Security and Emergency Management, the Department of Finance and Administration, and federal agencies such as FEMA at the earliest stages of disaster response and recovery. By initiating planning discussions and technical assessments promptly after a disaster, NMED can help identify potential infrastructure vulnerabilities before they escalate into public health emergencies. NMED will work with communities to develop and update comprehensive emergency response and continuity-of-operations plans for drinking water and wastewater systems, with an emphasis on identifying interim treatment solutions and pre-approved contractor pools that can be activated quickly but within standard procurement processes.

Certified by: Date: _______________

Agency Chief Procurement Officer

Agency Approval by: Date: _______________

Cabinet Secretary/Governmental Entity Head or Designee

Agencycy Chief Proc

7/16/2025

Fiscal Year 2026

Hkent Approved markm New Stamp

Certificate Of Completion Envelope Id: 017809EF-6D9B-4339-B641-78E53D19F77E Status: Completed Subject: Complete with Docusign: Emergency Procurement Plexos Gorup.pdf Source Envelope:

Document Pages: 4 Signatures: 1 Envelope Originator:

Certificate Pages: 4 Initials: 0 Charlette Probst AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada)

1100 S Saint Francis Dr Santa Fe, NM 87502 charlette.probst@gsd.nm.gov IP Address: 164.64.62.10

Record Tracking Status: Original

7/16/2025 12:05:31 PM

Holder: Charlette Probst charlette.probst@gsd.nm.gov

Location: DocuSign

Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: General Services Department Location: Docusign

Signer Events Signature Timestamp John Rhoderick John.Rhoderick@env.nm.gov

ENV

Signing Group: 66700 - Cabinet Secretary Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style Using IP Address: 164.64.147.2

Sent: 7/16/2025 12:05:59 PM Viewed: 7/16/2025 12:08:12 PM Signed: 7/16/2025 12:08:42 PM

Electronic Record and Signature Disclosure:

Accepted: 10/25/2024 8:18:11 AM ID: 680e865f-1c7d-4e6e-ab3d-f3572a97bc57

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/16/2025 12:06:00 PM Certified Delivered Security Checked 7/16/2025 12:08:12 PM Signing Complete Security Checked 7/16/2025 12:08:42 PM Completed Security Checked 7/16/2025 12:08:42 PM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

A. ELECTRONIC RECORD AND SIGNATURE DISCLOSURE (ERSD)

From time to time, New Mexico General Services Department (GSD), on behalf of the State of New Mexico (SONM), may be required by law to provide you with certain written notices or disclosures. Stated below are the terms and conditions for GSD's providing you such notices and disclosures electronically through the DocuSign system. Please read this information carefully. If you are able to access this information electronically and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to “I agree to use electronic records and signatures” before clicking “CONTINUE” within the DocuSign system.

B. Obtaining paper copies At any time up to twenty (20) calendar days following your use of DocuSign to electronically sign a document, you may request a paper copy of any record provided or made available electronically to you by GSD. You will have the ability to download and print documents SONM sends you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a twenty (20) calendar day period after such documents are first sent to you. Following the twenty (20) day period, if you want GSD to send you paper copies of any such documents from GSD's office, you will be charged a $1.00 per-page fee plus postage. You may request delivery of such paper copies from GSD by following the procedure stated in Section H, below.

C. Withdrawing your consent If you decide to receive notices and disclosures from GSD electronically, you may at any time change your mind and inform GSD you want to receive required notices and disclosures only in paper format. The procedure concerning how you may inform GSD of your decision to receive future notices and disclosures in paper format as well as withdraw your consent to receive notices and disclosures electronically is stated in Section D, immediately below.

D. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed with which GSD will be able to complete certain steps in specific transactions and deliver paper copies to you. GSD will need: (1) to send the required notices or disclosures to you in paper format; and (2) wait until GSD receives your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from SONM or to electronically sign documents generated and sent to you from SONM.

E. All notices and disclosures will be sent to you electronically Unless you inform GSD otherwise according to these procedures, GSD will electronically provide you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements and other documents that are required to be provided or made available to you during the course of your electronic signature relationship with SONM. To reduce the possibility of inadvertent non-receipt, GSD prefers to provide all required notices and disclosures by the same method and to the same email or physical address that you furnish to GSD. Thus, you may receive the disclosures and notices electronically or in paper form. If you do not agree with this procedure, please inform GSD according to the procedures stated in Section I, below.

Please also refer to Section D, immediately above, which states the consequences resulting from your declination of electronic delivery of notices and disclosures.

F. How to contact GSD:

You may inform General Services Department (GSD) of any changes you select regarding State Purchasing Division’s (SPD) electronic communications with you, to request paper copies of certain information from SPD, and to withdraw your prior consent to receive notices and disclosures electronically by emailing your request(s) to SPD at: GSD.SPDinfo@state.nm.us

G. To advise SPD of your new email address To inform SPD of a change in the email address to which SPD sends you notices and disclosures electronically, you must send an email to SPD at GSD.SPDinfo@state.nm.us and in the body of such request you must include your previous and new email addresses.

H. To request paper copies from SPD To request delivery of paper copies of electronic notices and disclosures that DocuSign and/or SPD have previously provided to you, you must send an email to SPD at GSD.SPDinfo@state.nm.us and in the body of your email request state your email address, full name, mailing address, and telephone number. SPD will charge you a $1.00 per page copy fee plus postage.

I. To withdraw your consent with SPD To inform SPD that you no longer wish to receive notices and disclosures in electronic format you may:

(1) Decline to sign a document from within a signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may:

(2) Send SPD an email to GSD.SPDinfo@state.nm.us and in the body of your request state your email address, full name, mailing address, and telephone number.

J. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current DocuSign system requirements may be found at:

https://support.docusign.com/guides/signer-guide-signing-system-requirements

K. Acknowledging your access and consent to receive and sign documents electronically To confirm that you are able to electronically access the information contained in this Electronic Record and Signature Disclosure (ERSD), please confirm that you have: (1) read this ERSD, and either: (2) you are able to print on paper or electronically save this ERSD for your future reference and access; or (3) you are able to email this ERSD to an email address where you will be able to print this ERSD on paper and/or save this ERSD for your future reference and access.

Further, if you consent to receiving notices and disclosures from DocuSign and/or SPD exclusively in electronic format, then select the check-box next to “I agree to use electronic records and signatures,” before you click “CONTINUE” within the DocuSign system.

By selecting the check-box next to “I agree to use electronic records and signatures,” you confirm that:

You have read this Electronic Record and Signature Disclosure (ERSD); and You can print this ERSD on paper, or you can save and/ or send this ERSD to a location where you can print this ERSD, for your future reference and access; and Until or unless you notify SPD as stated in this ERSD, you consent to exclusively receive through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by SPD during the course of your electronic signature relationship with SPD.

Probst, Charlette, GSD

From: Armstrong, Jonas, ENV Sent: Wednesday, July 16, 2025 2:10 PM To: Probst, Charlette, GSD Subject: FW: [EXTERNAL] RE: Draft SOW

Hi Charlette, Here’s the quote from Plexos (he references an attachment but there’s not one; I believe he means the table below). Let me know if you need anything else.

Thanks!

Jonas

From: Bob Roberts <bob.roberts@plexosgroup.com> Sent: Wednesday, July 16, 2025 2:08 PM To: Armstrong, Jonas, ENV <Jonas.Armstrong2@env.nm.gov> Subject: [EXTERNAL] RE: Draft SOW

CAUTION: This email originated outside of our organization. Exercise caution prior to clicking on links or opening attachments.

Jonas, As discussed, please find the attached rates with DHSEM. These rates are FEMA approved and inclusive of travel. I’ll need to add categories for the Water specialists, construction inspection, operators, etc. to match the scope. From my understanding of the conditions on the ground and the draft scope, a not-to-exceed of $5M should be good.

Please let me know what else you need. I’ll send the additional LCATs ASAP.

Title Rate Project Executive $0.00 Senior Subject Matter Expert $0.00 Subject Matter Expert $250.00 Senior Program Manager $210.00 Program Manager $190.00 Program Consultant V $200.00 Program Consultant IV $195.00 Program Consultant III $190.00 Program Consultant II $145.00 Program Consultant $125.00 Analyst $85.00 Senior System Developer $165.00 System Developer $115.00 Community Outreach Coordinator $85.00 Case Management Supervisor $90.00

Case Manager $85.00 Administrator $35.00

Bob Roberts Chief Operating Officer 1800 City Farm Dr. Building 4, Ste. B Baton Rouge, LA 70806 (Cell) 225.405.1390 www.plexosgroup.com

From: Armstrong, Jonas, ENV <Jonas.Armstrong2@env.nm.gov> Sent: Wednesday, July 16, 2025 1:01 PM To: Bob Roberts <bob.roberts@plexosgroup.com> Subject: Draft SOW

Hi Bob, Thanks for chatting. Here’s the draft scope of work we’ve put together.

Jonas Armstrong, Director Water Protection Division New Mexico Environment Department Pronouns: he/him/his (Why is this important?)

Cell: 505-670-9050 Innovation/Science/Collaboration/Compliance #IamNMED https://www.env.nm.gov/

Probst, Charlette, GSD

From: Armstrong, Jonas, ENV Sent: Thursday, July 17, 2025 9:35 AM To: Probst, Charlette, GSD Cc: Benavidez, Heather, ENV Subject: FW: [EXTERNAL] RE: Draft SOW

Good morning Charlette, See the email from Plexos below with their rate sheet for the emergency contract.

Thanks!

Jonas

From: Bob Roberts <bob.roberts@plexosgroup.com> Sent: Thursday, July 17, 2025 7:42 AM To: Armstrong, Jonas, ENV <Jonas.Armstrong2@env.nm.gov> Subject: [EXTERNAL] RE: Draft SOW

CAUTION: This email originated outside of our organization. Exercise caution prior to clicking on links or opening attachments.

Jonas, Attached is the final rate sheet.

I included a colored version so you can easily see the additional categories.

Our current contract with DHSEM requires Plexos to bill Gross Receipts Tax as a separate line item within our invoice. If the NMED requires bill rates to be all inclusive of the New Mexico Gross Receipts Tax, we request the ability to add this cost into the Labor Category Rates.

Let me know if you need anything else.

Thanks again, Bob

Labor Category Bill Rate Program Director $290.00 Senior Technical Expert $290.00 Operations Manager $285.00 Senior Engineer $270.00 Subject Matter Expert $250.00 Engineer III $230.00 Engineer II $215.00 Senior Program Manager $210.00

You don't often get email from bob.roberts@plexosgroup.com. Learn why this is important

Program Consultant V $200.00 Program Consultant IV $195.00 Engineer I $195.00 Program Manager $190.00 Program Consultant III $190.00 Senior System Developer $165.00 Program Consultant II $145.00 Program Consultant $125.00 System Developer $115.00 Case Management Supervisor $90.00 Analyst $85.00 Community Outreach Coordinator $85.00 Case Manager $85.00 Administrator $35.00

* Bill Rates are all Inclusive of Travel Expenses

* Bill rates do not include the state of New Mexico Gross Receipts Tax.

Green shaded are rates from DHSEM contract

Labor Category Bill Rate

Program Director $290.00 Senior Technical Expert $290.00 Operations Manager $285.00 Senior Engineer $270.00 Subject Matter Expert $250.00 Engineer III $230.00 Engineer II $215.00 Senior Program Manager $210.00 Program Consultant V $200.00 Program Consultant IV $195.00 Engineer I $195.00 Program Manager $190.00 Program Consultant III $190.00 Senior System Developer $165.00 Program Consultant II $145.00 Program Consultant $125.00 System Developer $115.00 Case Management Supervisor $90.00 Analyst $85.00 Community Outreach Coordinator $85.00 Case Manager $85.00 Administrator $35.00

Bob Roberts Chief Operating Officer 1800 City Farm Dr. Building 4, Ste. B Baton Rouge, LA 70806 (Cell) 225.405.1390 www.plexosgroup.com

From: Armstrong, Jonas, ENV <Jonas.Armstrong2@env.nm.gov> Sent: Wednesday, July 16, 2025 1:01 PM To: Bob Roberts <bob.roberts@plexosgroup.com> Subject: Draft SOW

Hi Bob, Thanks for chatting. Here’s the draft scope of work we’ve put together.

Jonas Armstrong, Director Water Protection Division New Mexico Environment Department Pronouns: he/him/his (Why is this important?)

Cell: 505-670-9050 Innovation/Science/Collaboration/Compliance #IamNMED https://www.env.nm.gov/

Agreement No. 25-667-4000-0001

STATE OF NEW MEXICO

INTERGOVERNMENTAL AGREEMENT

AGREEMENT No. 25-667-4000-0001

THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is effective on the latest date executed by the State of New Mexico (“Effective Date”), by and between the State of New Mexico acting by and through its Department of Environment (“DOE”), Department of Homeland Security and Emergency Management (“DHSEM”), and Department of Finance and Administration (“DFA”) (collectively “State”), and the City of Las Vegas, New Mexico, a municipal corporation organized under the laws of the State of New Mexico (“City”) (individually “Party” and collectively “Parties”).

WITNESSETH

WHEREAS, under § 74-1-6, NMSA 1978, the New Mexico Department of Environment is authorized to enter into contracts to fulfill its delegated duties. The Department of Environment may enter into necessary agreements to fulfill its responsibilities regarding environmental management and consumer protection within the state of New Mexico;

WHEREAS, under § 9-28-4, the New Mexico Department of Homeland Security and

Emergency Management is authorized to coordinate the plans of state agencies and local governments for prevention, preparedness, and response, with an emphasis on an all-hazards approach;

WHEREAS, under § 9-6-5.1, the New Mexico Department of Finance and Administration must review federal grant applications and provide management assistance. It may also contract for, receive, and utilize any grants or other financial assistance from the United States government or any other source, whether public or private;

WHEREAS, under §§ 3-12-3 and 3-11-4, the City of Las Vegas, New Mexico, as a municipality, is authorized to enter into contracts in accordance with its charter, laws, and ordinances;

WHEREAS, this Agreement is exempt from the provisions of the Procurement Code in accordance with Section 13-1-98(A) NMSA 1978;

WHEREAS, the State of New Mexico, in general, and the City of Las Vegas, specifically, have experienced significant impacts from recent natural disasters, necessitating extensive recovery efforts;

WHEREAS, the Federal Emergency Management Administration (“FEMA”) public assistance, FEMA settlement funds, loan funds from Senate Bill 6 of the 2023 legislative session, and loan funds from Senate Bill 31 of the 2025 legislative session have been or are expected to be allocated to support both the City in recovery, mitigation, and rebuilding efforts within and around the City;

WHEREAS, the Parties recognize the State has technical expertise and management experience in responding to and recovering from natural disasters that will provide a mutual benefit and efficiency to the City’s administration of federal and state funds awarded to the City for recovery to maximize their impact and ensure effective and coordinated implementation and expenditure efforts;

Docusign Envelope ID: 1425FF44-45B3-41BD-9B80-77A901BDC619Docusign Envelope ID: F9033772-DE36-46F8-A58E-E30F13CEA18C

WHEREAS, the City acknowledges the technical expertise and management experience of the State and seeks to contract with the State to facilitate the planning, design, procurement, construction, delivery, and project closeout activities necessary for recovery from the damage inflicted on its permanent water treatment facility by the Hermits Peak/Calf Canyon Fire. This includes the delivery of both a temporary and a permanent water treatment facility in compliance with the requirements set forth in the FEMA settlement; and

WHEREAS, the State, subject to the terms and conditions stated herein, agrees to take over agreed upon responsibility for planning, design, procurement, construction, delivery, and project closeout activity necessary for recovery from the damage inflicted on the City’s permanent water treatment facility by the Hermits Peak/Calf Canyon Fire, specifically the delivery of recovery projects for the temporary and permanent water treatment facilities.

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree to the following terms:

1. Scope of Work.

The State shall perform the Scope of Work attached as “Exhibit A”, except those items listed in Exhibit A as to be performed by the City. The Parties agree that the City, in accordance with the total amount provided by FEMA, shall pay costs certified by the State for specific activities identified in Exhibit A. The Parties agree that Exhibit A may be updated and amended from time to time, in writing and signed by the Parties, to incorporate any additional activities deemed necessary by the State, to deliver the recovery projects for the temporary and permanent water treatment facilities, without the need for formal amendment of this Agreement.

2. Compensation.

a. The City shall fund, through direct pay or reimbursement, the State’s planning, design, procurement, construction, delivery, and project closeout costs tied to services completed pursuant to Exhibit A. The total budget amount payable under this Agreement shall not exceed the total amount provided by FEMA for the temporary and permanent water treatment facilities recovery projects.

b. The Parties do not intend for the State to continue to provide services without compensation when the total compensation amount is reached. The City is responsible for notifying the State when the services provided under this Agreement reach the total compensation amount.

c. The State will submit a detailed statement accounting for all services performed and expenses incurred. Payment shall be tendered to the State within fifteen (15) days after receipt of the detailed statement by the City.

3. Term.

This Agreement shall be effective upon complete execution of the Parties and continue, unless otherwise terminated hereunder, through completion of the permanent water treatment facility recovery project, unless otherwise terminated in accordance with Section 4 below.

Docusign Envelope ID: 1425FF44-45B3-41BD-9B80-77A901BDC619Docusign Envelope ID: F9033772-DE36-46F8-A58E-E30F13CEA18C

4. Termination.

a. The Parties may terminate this Agreement with ninety (90) days’ written notice to the other Party.

b. Liability. Except as otherwise expressly allowed or provided under this Agreement, the City’s sole liability upon termination shall be to pay for work performed prior to the State’s receipt of a notice of termination, provided, however, that a notice of termination shall not nullify or otherwise affect either Party’s liability for pre-termination defaults under or breaches of this Agreement. The State shall submit an invoice for such work within thirty (30) days of receiving or sending the notice of termination.

c. Termination Management. Immediately upon receipt by either of the Parties of notice of termination of this Agreement, the State shall:

i. Not incur any further obligations for salaries, services, or any other expenditure of funds under this Agreement without consultation with the City;

ii. Take such action as necessary for the protection, preservation, retention, or transfer of all property titled to the City and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the State with contract funds shall become the property of City upon termination and shall be submitted to the City as soon as practicable.

5. Appropriations.

The terms of this Agreement are contingent upon the Legislature of New Mexico making sufficient appropriations and authorization for the performance of this Agreement. If the Legislature does not make sufficient appropriations and authorization, this Agreement shall terminate immediately upon written notice being given by the State.

The terms of this Agreement are also contingent upon the United States Congress making sufficient appropriations and authorizations for the performance of this Agreement. If Congress does not make sufficient appropriations and authorization, this Agreement shall terminate immediately upon written notice being given to the State.

6. Assignment.

The State, in prior coordination with the City, may utilize, assign, or transfer any of its responsibilities under this agreement to agencies or instrumentalities of the State deemed necessary to complete the activities identified in Exhibit A. In addition, the State shall notify the City in writing immediately upon such utilization, assignment, or transfer. Notwithstanding the foregoing, the Parties 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 the prior written approval of the other Party.

7. Subcontracting.

Docusign Envelope ID: 1425FF44-45B3-41BD-9B80-77A901BDC619Docusign Envelope ID: F9033772-DE36-46F8-A58E-E30F13CEA18C

The State, in prior coordination with the City, may subcontract any portion of the services to be performed by the State under this Agreement. In addition, the State shall notify the City in writing immediately upon such subcontracting. No such subcontract shall relieve the State from its obligations under this Agreement.

8. Confidentiality.

Any confidential information provided to or developed by the State in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the State without the prior written approval of the City, except as required by State’s Requests to Inspect Documents Policy or to NMSA 1978, Chapter 14, Article 2, Inspection of Public Records Act.

9. Product of Service -- Copyright.

All materials developed or acquired by the State under this Agreement shall become the property of the City and shall be delivered to the City no later than the termination date of this Agreement.

Nothing developed or produced, in whole or in part, by the State under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the State.

10. Conflict of Interest; Governmental Conduct Act.

a. The State represents and warrants that it presently has no interest and, during the term of this Agreement, shall not acquire any direct or indirect interest that would conflict in any manner or degree with the performance or services required under the Agreement.

b. The State further represents and warrants that it has complied with, and, during the term of this Agreement, will continue to comply with, and that this Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 NMSA 1978.

11. Required Federal Provisions.

To the extent any funding provided to the State is received from the Federal Government, the State agrees to comply with the following requirements:

a. Lobbying. State shall not use funds from this agreement to conduct lobbying activities or hire lobbyists at any government level, as defined by the Lobbyist Regulation Act, NMSA 1978, § 2-11-1, et. seq., and applicable federal law. No federally appropriated funds can be paid to influence any officer or employee of any department or member of Congress concerning federal agreements, grants, loans, or cooperative agreements. If any funds other than federal appropriated funds are used to influence any officer or employee in relation to applicable federal agreements, the State shall submit Standard Form LLL,"Disclosure Form to Report Lobbying,” as instructed.

b. Suspension and Debarment. For agreements that involve the expenditure of federal funds, each party represents that neither it nor any of its management, Docusign Envelope ID: 1425FF44-45B3-41BD-9B80-77A901BDC619Docusign Envelope ID: F9033772-DE36-46F8-A58E-E30F13CEA18C employees, or independent States who will be involved in the services or products supplied under this agreement have been excluded from participation in any government healthcare program, debarred from, or under any other federal program (including but not limited to debarment under the Generic Drug Enforcement Act), or convicted of any offense defined in 42 U.S.C. Section 1320a-

7. Furthermore, each party represents that it, its employees, and independent States are not otherwise ineligible for participation in federal healthcare or education programs. Additionally, each party represents that it is not aware of any such pending action(s) (including criminal actions) against it or its employees or independent States. Each party shall notify the other party immediately upon becoming aware of any pending or final action in any of these areas.

c. Fiscal and Administrative Standards. State shall adhere to all local, state and federal regulations as applicable to their operations. States shall adhere to the following fiscal and administrative standards in accordance with:

i. Title 2 CFR Part 200, Uniform Administrative Requirements, Cost

Principles, and Audit Requirements for Federal Awards (Uniform Guidance) [Federal Awards Only];

ii. State of New Mexico Manual of Model Accounting Practices (MAP’s);

iii. The State of New Mexico State Auditor, State Audit Rule;

iv. Title 2 CFR, Chapter 1, Part 170, Reporting Sub-award and Executive Compensation Information [Federal Awards Only];

v. U.S. General Accounting Office, Government Auditing Standards;

d. Political Activity. No funds hereunder shall be used for any partisan political activity or to further the election or defeat of any candidate for public office.

e. Grantor and State Information. If applicable, funding under this agreement is from the Catalog of Federal Domestic Assistance (CFDA) Program:

i. CFDA Number –

Program Title –

AGENCY/OFFICE –

GRANT NUMBER –

STATE’S Dun and Bradstreet Data Universal Numbering System Number (DUNS Number)

f. State Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (Sept. 2013).

g. This agreement and employees working on this agreement will be subject to the whistleblower rights and remedies in the pilot program on State employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L.112-239) and FAR 3.908.

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h. State shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

i. The State shall insert the substance of this clause, including this paragraph (3), in all subcontracts over the simplified acquisition threshold.

j. For agreements and subgrants that involve the expenditure of federal funds for amounts in excess of $150,000, requires the State to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water.

k. Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

l. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) — For agreements that involve the expenditure of federal funds, States that apply or bid for an agreement exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal agreement, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award.

m. For agreements that involve the expenditure of federal funds, State must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

12. Amendment.

This Agreement shall not be altered, changed, or amended except by an instrument in writing executed by the Parties hereto and all other required signatories. If the State proposes an amendment to the Agreement to reduce funding due to budget or other considerations unilaterally, State shall, within thirty (30) days of receipt of the proposed Amendment, have the option to terminate the Agreement, pursuant to the termination provisions as set forth in Article 4 herein, or to agree to the reduced funding.

13. Merger.

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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.

14. Penalties for Violation of Law.

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

15. Equal Opportunity Compliance.

State agrees to abide by all federal and state laws, 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, State 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 severe 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 State is found not to comply with these requirements during the life of this Agreement, State agrees to take appropriate steps to correct these deficiencies.

16. 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, § 38-3-1 (G). By execution of this Agreement, State acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any lawsuits arising under or out of any term of this Agreement.

17. Workers' Compensation.

State agrees to comply with state laws and rules applicable to workers' compensation benefits for its employees.

18. Records and Financial Audit.

The State 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 three

(3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the City, and/or Federal Government.

19. 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.

20. Enforcement of Agreement.

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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.

21. 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:

To State:

Cabinet Secretary Department of Environment Harold L. Runnels Building 1190 St. Francis Drive, Suite N4050 Santa Fe, NM 87505

CC: Deputy Cabinet Secretary Department of Homeland Security and Emergency Management PO Box 27111 Santa Fe, New Mexico 87502

To City:

City Manager and Finance Director 1700 North Grand Avenue Las Vegas, NM 87701

22. Authority.

If State is other than a natural person, the individual(s) signing this Agreement on behalf of State represent and warrant that he or she has the power and authority to bind State and that no further action, resolution, or approval from State is necessary to enter into a binding contract.

[SIGNATURE PAGE AND EXHIBITS FOLLOW]

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IN WITNESS WHEREOF, the Agency and the State have caused this Agreement to be executed, said Agreement to become effective as of the date set forth below upon which it is executed by the Department Secretary or Designee.

State – Department of Environment

______________________________ Date: _________________ Cabinet Secretary or Designee

Chief Financial Officer or Designee

Approved as to legal form and sufficiency.

General Counsel

State – Department of Homeland Security and Emergency Management

Chief Financial Officer

Approved as to legal form and sufficiency.

General Counsel

State – Department of Finance and Administration

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6/30/2025

6/30/2025

7/2/2025

7/2/2025

______________________________ Date: _________________ Chief Financial Officer

Approved as to legal form and sufficiency.

______________________________ Date: _________________ General Counsel

City – The City of Las Vegas

__________________________ Date: _________________ Mayor or Designee

__________________________ Date: _________________ Chief Financial Officer

Approved as to legal form and sufficiency.

___________________________________ Date: _________________ City Attorney or Legal Counsel

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6/26/2025

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Exhibit A – Scope of Work

Purpose: The purpose of this Agreement is to establish a collaborative framework for the State’s planning, design, procurement, construction, delivery, and project closeout of the temporary water treatment facility and permanent water treatment facility necessary to recover from damages caused by the Hermits Peak/Calf Canyon Fire.

Funding: All federal and state funds identified in this Agreement and designated explicitly for recovery projects from natural disasters in or adjacent to the City for damage to the permanent water treatment facility and corresponding public infrastructure, including but not limited to:

a. FEMA Public Assistance, FEMA Hazard Mitigation Grant Program, FEMA Hermits Peak/Calf Canyon Settlement Funds;

b. Senate Bill 6 of the 2023 Legislature Loan Funds.

Activities:

The State of New Mexico shall:

a. Provide technical assistance and guidance to the City regarding federal and state funding requirements, regulations, and reporting protocols.

b. Conduct all its procurement in accordance with the New Mexico Procurement Code.

c. Review and Submittal of reimbursement documentation to FEMA for FEMA Public Assistance.

d. Coordinate with FEMA alongside the City to ensure all requests for information and additional documentation are fulfilled in a timely manner.

e. Plan, design, procure, construct, test, deliver, and close out a temporary water treatment facility and a permanent water treatment facility.

f. Adhere to 2 C.F.R. Part 200, and all federal and state procurement, contracting, cost principles, and financial management requirements.

g. Provide detailed written invoices to the City for all costs associated with planning, design, procurement, construction, testing, delivery, and project closeout of a temporary water treatment facility and a permanent water treatment facility.

h. With regard to its obligations under this Agreement and Exhibit A for temporary water treatment facility and a permanent water treatment facility, receive FEMA Public Assistance reimbursement on behalf of the City and reimburse the Natural Disaster Revolving Fund with FEMA Public Assistance reimbursed based on funds loaned by the State. This paragraph does not exclude the City from receiving FEMA Public Assistance reimbursement for its obligations under this Agreement and any eligible projects outside of the State's obligations.

i. Conduct design reviews, compliance reviews, programmatic audits, and financial audits of the City's records related to federal and state recovery funds.

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j. Serve as the primary liaison with federal agencies regarding overall state-level compliance and reporting.

k. Facilitate inter-agency coordination at the state level to support the City's recovery efforts.

The City of Las Vegas shall:

a. Coordinate with FEMA alongside the State to ensure all requests for information and additional documentation are fulfilled in a timely manner.

b. Direct pay or reimburse all costs associated with the planning, design, procurement, construction, testing, delivery, and project closeout of a temporary water treatment facility and a permanent water treatment facility.

c. Implement approved recovery projects and programs diligently and in compliance with all applicable federal, state, and local laws, regulations, and grant agreements.

d. Establish and maintain separate accounting records for all federal and state recovery funds received under this Agreement, ensuring proper tracking of expenditures.

e. Utilize any existing investment income from advanced federal or state funds to offset recovery project costs.

f. Cooperate fully with any reviews, audits, or monitoring activities conducted by the State or federal agencies.

g. Ensure public transparency and engagement in the planning and implementation of recovery projects, as appropriate.

h. Serve as the primary point of contact for local inquiries regarding disaster recovery funds and projects.

i. Conduct design reviews, compliance reviews, programmatic audits, and financial audits of the City's records related to federal recovery funds.

Joint Working Group:

Parties agree to establish a Joint Working Group composed of representatives from DOE, DHSEM, DFA, and the City. This group shall meet regularly, at least once a month, to discuss ongoing projects, upcoming initiatives, funding expenditures, and potential developments, as needed to:

a. Review overall recovery progress and challenges.

b. Share information.

c. Address any issues or…