agenda wednesday, september 11, 2019 at 9:00 a.m. · 9/11/2019 · regen,irwin s. moise...

AGENDA

FOR REGULAR MEETING FOR THE BOARDOFDIRECTORS

THE EDDY-LEA ENERGY ALLIANCE

Wednesday, September11, 2019 at 9:00 a.m.

HobbsCity Hall, Commission Chamber — 200 E. Broadway, 1°t Floor Annex,

Hobbs, NM 88240

1. Call to Order — Chair

2. Roll Call - Chair

3. Consider Approval Minutes from June 12, 2019

4. Director/Staff Comments

5. Financial Report Discussion

6. Status of Percentage Ownership of ELEA

7. Consider Approvalof Accounts Payable

8. Status of Response to Governor’s Letters Opposing Holtec

To Secretary of Energy Perry and Others Action

9. Consider Award of Request for Proposals — General Legal

Services

10. Consider Renewal of Montgomery-Andrews

Consulting Contract

11. Consider Hiring with Holtec Gary King as a Technical

Consultant

12. Public Comment (Limited to 3 minutes)

13. Adjournment

If you are an individualwith a disability whois in need of a reader, amplifier, qualified sign languageinterpreter, or any other formof auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Lea County Manager's office locatedin the Lea County Courthousein Lovington, New Mexico at least one week prior to the meeting or as soon as possible. Public

documents, including the agenda and minutes, can be provided in various accessible formats. Please contact the Lea County

Quorum

Action

Discussion

Discussion

Discussion

Action

Discussion

Action

Action

Action

Manager's Office at the Lea County Courthouseif a summaryorother type of accessible format is needed

AGENDA





Hobbs, NM 88240











Services


Consulting Contract


Consultant


13. Adjournment



Quorum

Action

Discussion

Discussion

Discussion

Action

Discussion

Action

Action

Action


AGENDA





Hobbs, NM 88240











Services


Consulting Contract


Consultant


13. Adjournment



Quorum

Action

Discussion

Discussion

Discussion

Action

Discussion

Action

Action

Action


AGENDA





Hobbs, NM 88240











Services


Consulting Contract


Consultant


13. Adjournment



Quorum

Action

Discussion

Discussion

Discussion

Action

Discussion

Action

Action

Action


Eddy- Lea Energy Alliance

Regular Meeting of the Board of Directors

Wednesday,June 12, 2019, 9:00 a.m.

Eddy County Commission Chambers

101 West GreeneStreet, Carlsbad, NM 88220

Board memberspresent: Sam Cobb,Susan Crockett, Jason Shirley, Jonathan Sena, Jack Volpato, Mike

Gallagher, Finn Smith, John Heaton — by phone.

Administrative Staff present: John Caldwell, Lea County Attorney; Chip Low, Lea County Finance

Director.

The meeting wascalled to order by Sam Cobb.

Roll call was taken and a Quorum wasestablished.

Finn Smith was recognized as the new Board Memberrepresenting the City of Hobbs.

Election of Officers:

Chairman — John Heaton was nominated by Jack Volpato. Seconded by Mike Gallagher. Chair

polled the Board of Directors: Jack Volpato, yes; Mike Gallagher, yes; Finn Smith, yes; Susan

Crockett, yes; Jason Shirley, yes; Jonathan Sena, yes, Sam Cobb, yes; John Heaton, abstained.

The motioned passed.

Vice Chairman — Sam Cobb was nominated by Mike Gallagher. Seconded by Finn Smith. The

vote: John Heaton, yes; Sam Cobb, yes; Susan Crockett, yes; Jason Shirley, yes; Jack Volpato, yes;

Finn Smith, yes; Jonathan Sena, yes; Mike Gallagher, yes.

Secretary — Susan Crockett was nominated by Mike Gallagher. Seconded by Jason Shirley. The



Treasurer — Jack Volpato was nominated by Mike Gallagher. Secondedby Jason Shirley. The



Approval of the minutes from March 13, 2019: Susan Crockett moved to approve the minutes from the

March 13, 2019 meeting. The motion was seconded by Mike Gallagher. The vote: John Heaton, yes;

Sam Cobb, yes; Susan Crockett, yes; Jason Shirley, yes; Jack Volpato, yes; Finn Smith, abstained;

Jonathan Sena, yes; Mike Gallagher, yes.

Director/Staff Comments: There were no staff comments.









Director.































Director.































Director.























Financial Report: Chip Low presented a discussion of the Financial Report.

Approve Accounts Payable: Chip Low requested approval. Susan Crockett moved to approve Accounts

Payable. The motion was secondedby Jason Shirley. The vote: John Heaton, yes; Sam Cobb, yes; Susan

Crockett, yes; Jason Shirley, yes; Jack Volpato, yes; Finn Smith, yes; Jonathan Sena, yes; Mike Gallagher,

yes.

Authorize Response to Governor’s Letters Opposing HOLTEC to Secretary of Energy Perry and Others:

John Heatonlead the discussion concerning the response. A resolution was introduced by John Heaton

to be taken to each member’s board for consideration and approval. Jason Shirley moved to approve

the resolution with corrections. Seconded by Jonathon Sena. Members werepolled by entity: Eddy

County, yes; City of Carlsbad, yes, City of Hobbs, yes; Lea County, yes. The motion passed.

Request for Proposals — General Legal Services: John Caldwell notified the Board that no responses

were received for the aforementioned RFP and requested further direction. Susan Crockett made a

motion that the RFP be reissued with an expanded advertising effort. Finn Smith seconded the motion.

The vote: John Heaton, yes; Sam Cobb, yes; Susan Crockett, yes; Jason Shirley, yes; Jack Volpato, yes;


Public Comments: Nick Maxwell, Lorraine Villegas and Nick King. Each spoke in opposition to the Holtec

project.

Adjournment: Susan Crockett made a motion to adjourn. The motion was seconded by Jonathon Sena

and it passed unanimously





yes.












project.







yes.












project.







yes.












project.



5&75&75&75&7

EDDY LEA ENERGY ALLIANCE

Expenditure Report for the year to date ending August 31, 2019

Beginning Cash Balance July 1, 2019 $ 131,431.99

Current Year Revenue Received $ -

Dep ptio ; ems D Deta seats Bala

809 7 83 2009 OFFICE SUPPLIES a Ts 1000000- - o 1,000.00____ 809 83 2010 TRAVEL/PER DIEM : _ 20,000.00 - - 0 20,000.00

goo 832012 MAINTENANCE 7. 1,000.00 : : O ____ 1,000.00809 83 2027 ADVERTISING _ 3,000.00 211.57 456.94 15.2 2,543.06

809 83 2067 PROPERT/LIABILITY INSURANCE 3,000.00 693.00 693.00 23.1 2,307.00

809 83 2102 CONTRACT - LEGAL 120,000.00 : 740.39 0.6 119,259.61

| 809 83 2152 CONTRACTLABOR/PROFESSIONALSVCS 67,000.00 9,767.27 9,767.27 14.6 57,232.73

‘Total 215,000.00 $ 11,657.60 203,342.40

Ending Cash Balance August 31, 2019 $ 119,774.39

DETAIL OF EXPENSES PAID

Check # Date Payee - Description Amount

1087595 7/17/2019 Gatehouse Media Tx Holdings Il - Legal Ad - ELEA RFP 02-2019 194.00

1087608 7/19/2019 HobbsDaily News-Sun - Legal Ad - ELEA RFP Legal Counsel 51.37

1088180 8/16/2019 Albuquerque Publishing Company - Legal Ad - ELEA RFP 02-2019 65.80

20462 8/28/2019 Midland Reporter Telegram Advertising 145.77

1088441 8/29/2019 Union Insurance Company- Liability Insurance - ist Quarter 693.00

1087830 7/30/2019 Rodey, Dickason, Sloan - Legal Fees 740.39

1087922 98/2/2019 Montgomery & Andrews - Legislative Retainer June 2019 4,887.58

1088052 98/9/2019 Montgomery & Andrews- Legislative Retainer July 2019 4,879.69

Total 11,657.60









809 83 2102 CONTRACT - LEGAL 120,000.00 : 740.39 0.6 119,259.61


‘Total 215,000.00 $ 11,657.60 203,342.40












Total 11,657.60









809 83 2102 CONTRACT - LEGAL 120,000.00 : 740.39 0.6 119,259.61


‘Total 215,000.00 $ 11,657.60 203,342.40












Total 11,657.60

Eddy Lea EnergyAlliance

Summary of Members Equity

Members Equity - 06/30/20132

Net income(loss) from operations - 06/30/2014

MemberContributions - 06/30/2014











MemberEquity 06/30/2019

Membership Equity % 06/30/2019

(1) Amended operating agreement dated 2013 states in “Exhibit A" that each members’ interests are 25% asof the effective date. Equity balanceis

from the auditedfinancial statements dated June 30, 2013 asa starting point.

(2) Net income(loss) and MemberContributions from audited financial statements for the respective year.

(1)

(2)

(2)

(2)

(2)

(2)

(3)

City ofEddy County Lea County Carlsbad City of Hobbs Total

$ 270,281.50 S$ 270,281.50 $ 270,281.50 $ 270,281.50 $ 1,081,126.00

$ (3,068.50) $ (3,068.50) $ (3,068.50) $ (3,068.50) $ (12,274.00)$ - $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 30,000.00

$ (2,551.75) $ (2,551.75) $ (2,551.75) $ (2,551.75) $ (10,207.00)

$ 10,000.00 $ - $ - $ - $ 10,000.00

$ (8,311.00) $ (8,311.00) $ (8,311.00) $ (8,311.00) $ (33,244.00)

$ > $ - $ = $ - $ =

$ 10,277.50 $ 10,277.50 $ 10,277.50 $ 10,277.50 S 41,110.00

$ = $ = $ : $ - $ =

$ 607.25 $ 607.25 S 607.25 $ 607.25 S 2,429.00

$ = $ = $ - $ = $ =

$ (11,923.94) § (11,923.95) § (11,923.94) $ (11,923.94) $ (47,695.77)$ 25,000.00 $ - $ 25,000.00 $ 25,000.00 $ 75,000.00

$ 290,311.06 $ 265,311.05 $ 290,311.06 $ 290,311.06 $ 1,136,244.23

25.55% 23.35% 25.55% 25.55% 100.00%

(3) From unaudited financial statements adjusted for year end payables.





















(1)

(2)

(2)

(2)

(2)

(2)

(3)


$ 270,281.50 S$ 270,281.50 $ 270,281.50 $ 270,281.50 $ 1,081,126.00

$ (3,068.50) $ (3,068.50) $ (3,068.50) $ (3,068.50) $ (12,274.00)$ - $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 30,000.00

$ (2,551.75) $ (2,551.75) $ (2,551.75) $ (2,551.75) $ (10,207.00)

$ 10,000.00 $ - $ - $ - $ 10,000.00

$ (8,311.00) $ (8,311.00) $ (8,311.00) $ (8,311.00) $ (33,244.00)

$ > $ - $ = $ - $ =

$ 10,277.50 $ 10,277.50 $ 10,277.50 $ 10,277.50 S 41,110.00

$ = $ = $ : $ - $ =

$ 607.25 $ 607.25 S 607.25 $ 607.25 S 2,429.00

$ = $ = $ - $ = $ =

$ (11,923.94) § (11,923.95) § (11,923.94) $ (11,923.94) $ (47,695.77)$ 25,000.00 $ - $ 25,000.00 $ 25,000.00 $ 75,000.00

$ 290,311.06 $ 265,311.05 $ 290,311.06 $ 290,311.06 $ 1,136,244.23

25.55% 23.35% 25.55% 25.55% 100.00%






















(1)

(2)

(2)

(2)

(2)

(2)

(3)


$ 270,281.50 S$ 270,281.50 $ 270,281.50 $ 270,281.50 $ 1,081,126.00

$ (3,068.50) $ (3,068.50) $ (3,068.50) $ (3,068.50) $ (12,274.00)$ - $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 30,000.00

$ (2,551.75) $ (2,551.75) $ (2,551.75) $ (2,551.75) $ (10,207.00)

$ 10,000.00 $ - $ - $ - $ 10,000.00

$ (8,311.00) $ (8,311.00) $ (8,311.00) $ (8,311.00) $ (33,244.00)

$ > $ - $ = $ - $ =

$ 10,277.50 $ 10,277.50 $ 10,277.50 $ 10,277.50 S 41,110.00

$ = $ = $ : $ - $ =

$ 607.25 $ 607.25 S 607.25 $ 607.25 S 2,429.00

$ = $ = $ - $ = $ =

$ (11,923.94) § (11,923.95) § (11,923.94) $ (11,923.94) $ (47,695.77)$ 25,000.00 $ - $ 25,000.00 $ 25,000.00 $ 75,000.00

$ 290,311.06 $ 265,311.05 $ 290,311.06 $ 290,311.06 $ 1,136,244.23

25.55% 23.35% 25.55% 25.55% 100.00%


PROPOSAL TO PROVIDEEDDY-LEA ENERGY ALLIANCE

LEGAL SERVICES

PROPOSAL NO.: ELEA-02-2019DUE DATE: AUGUST6, 2019DUE TIME: 3P.M. (MST)

COPY

SUTINTHAYER YOBROWNE ¥L A W Y E R S

6100 UPTOWN BLVD., Suite 400 150 WASHINGTON AVE., Suite 2106565 AMERICAS PARKWAY NE SANTA Fe, NEw Mexico 87501ALBUQUERQUE, NEW Mexico 87110 PosT OFFICE Box 2187 (87501)PosT OFFICE Box 1945 (87103) P 505.988.5521 | F 505.982.5297

P 505.883.2500 | F 505.888.6565 SUTINFIRM.COM


LEGAL SERVICES


COPY



P 505.883.2500 | F 505.888.6565 SUTINFIRM.COM


LEGAL SERVICES


COPY



P 505.883.2500 | F 505.888.6565 SUTINFIRM.COM

SUTIN THAYER¥Y BROWNEA PROFESSIONAL CORPORATION

6100 UPTOWN BLVD NE, SUITE 400ALBUQUERQUE, NEW MEXICO 87110

POST OFFICE BOX 1945

LAWYERS ALBUQUERQUE, NEW MEXICO 87103505-883-2500

IRWIN S. MOISE (1906-1984) SUZANNE WOOD BRUCKNER DEBORAH E. MANN FAX 505-888-8565

ReGen,a: |||einRANKLIN JONES (1919-4RAYMOND W. SCHOWERS (1948-1995) EDUARDO A DUFFY CHARLESJ. PIECHOTA 150 WASHINGTON AVE, SUITE 210GRAHAM BROWNE(1935-2003) TINA MUSCARELLA GOOCH JAY D. ROSENBLUM SANTA FE, NEW MEXICO 87501NORMAN S. THAYER (1932-2018) JESSE D. HALE FRANKC. SALAZAR POST OFFICE BOX 2187STEPHEN CHARNAS(1334-2018) SUSAN M. HAPKA JUSTIN R. SAWYER SANTA FE, NEW MEXICO 87504

HEYMAN DAVID H JOHNSON MARIPOSAPADILLA SIVAGE s0s-o0eSez)ROBERTG. (Of Counsel) H. JOHN—EE ROBERT J. JOHNSTON BENJAMIN &. THOMAS FAX 505-062-5297

ANDREW J. BARANOWSK! JACQUELINE K. KAFKA L. CURTIS VERNONLILIANA BENITEZ DE LUNA CHRISTINA M. LOONEY WWW.SUTINFIRM.COMANNE P. BROWNE STEVAN DOUGLAS LOONEY

August 2, 2019

Eddy-Lea Energy AllianceLea County Finance DepartmentLea County Courthouse100 N. Main, Suite 11, Fourth Floor

Lovington, NM 88260-4030

Request for Proposals # ELEA-02-2019As-Needed Lega! Counsel RegardingGeneral Counsel Matters

Ladies and Gentlemen,

Sutin, Thayer & Browne A Professional Corporation (the “Firm”) is pleased to submit its

proposal(the “Proposal”) to provide services to the Eddy-Lea Energy Alliance (ELEA)for

legal counsel regarding general counsel matters as detailed in RFP #ELEA-02-2019(the

“RFP”) due August 6, 2019.

Webelieve our Firm possessesthe skills and experience to serve ELEA’S needs, and we

hope to develop a productive relationship with ELEA andits leadership.

| am Benjamin E. Thomas, president and CEO of the Firm, and | certify that | am

authorized to negotiate for and legally bind the Firm. | may be reached at (505) 883-3385

or [email protected].

We propose that Firm shareholder Wade L. Jackson serve as primary counsel and

contact. Forclarification of any aspect of our proposal, please contact me or Mr. Jackson

at [email protected] or (505) 883-3431.

OurFirm is able to provide timely, high-quality services from lawyers experienced in the

substantive areas of law important to ELEA at a reasonable cost and in a mannertailored

SUTIN THAYER¥Y BROWNEA PROFESSIONAL CORPORATION

6100 UPTOWN BLVD NE, SUITE 400ALBUQUERQUE, NEW MEXICO 87110

POST OFFICE BOX 1945

LAWYERS ALBUQUERQUE, NEW MEXICO 87103505-883-2500

IRWIN S. MOISE (1906-1984) SUZANNE WOOD BRUCKNER DEBORAH E. MANN FAX 505-888-8565

ReGen,a: |||einRANKLIN JONES (1919-4RAYMOND W. SCHOWERS (1948-1995) EDUARDO A DUFFY CHARLESJ. PIECHOTA 150 WASHINGTON AVE, SUITE 210GRAHAM BROWNE(1935-2003) TINA MUSCARELLA GOOCH JAY D. ROSENBLUM SANTA FE, NEW MEXICO 87501NORMAN S. THAYER (1932-2018) JESSE D. HALE FRANKC. SALAZAR POST OFFICE BOX 2187STEPHEN CHARNAS(1334-2018) SUSAN M. HAPKA JUSTIN R. SAWYER SANTA FE, NEW MEXICO 87504

HEYMAN DAVID H JOHNSON MARIPOSAPADILLA SIVAGE s0s-o0eSez)ROBERTG. (Of Counsel) H. JOHN—EE ROBERT J. JOHNSTON BENJAMIN &. THOMAS FAX 505-062-5297

ANDREW J. BARANOWSK! JACQUELINE K. KAFKA L. CURTIS VERNONLILIANA BENITEZ DE LUNA CHRISTINA M. LOONEY WWW.SUTINFIRM.COMANNE P. BROWNE STEVAN DOUGLAS LOONEY

August 2, 2019

Eddy-Lea Energy AllianceLea County Finance DepartmentLea County Courthouse100 N. Main, Suite 11, Fourth Floor

Lovington, NM 88260-4030

Request for Proposals # ELEA-02-2019As-Needed Lega! Counsel RegardingGeneral Counsel Matters

Ladies and Gentlemen,

Sutin, Thayer & Browne A Professional Corporation (the “Firm”) is pleased to submit its

proposal(the “Proposal”) to provide services to the Eddy-Lea Energy Alliance (ELEA)for

legal counsel regarding general counsel matters as detailed in RFP #ELEA-02-2019(the

“RFP”) due August 6, 2019.

Webelieve our Firm possessesthe skills and experience to serve ELEA’S needs, and we

hope to develop a productive relationship with ELEA andits leadership.

| am Benjamin E. Thomas, president and CEO of the Firm, and | certify that | am

authorized to negotiate for and legally bind the Firm. | may be reached at (505) 883-3385

or [email protected].

We propose that Firm shareholder Wade L. Jackson serve as primary counsel and

contact. Forclarification of any aspect of our proposal, please contact me or Mr. Jackson

at [email protected] or (505) 883-3431.

OurFirm is able to provide timely, high-quality services from lawyers experienced in the

substantive areas of law important to ELEA at a reasonable cost and in a mannertailored

SUTIN THAYER ¥ BROWNEA PROFESSIONAL CORPORATION

LAWYERS

Eddy-Lea EnergyAlliance

Page 2

to its specific needs. Weoffer the advantagesof a full-service Firm to assist ELEA, along

with the clarity of a primary lawyer to coordinate services.

We appreciate the opportunity to present our Firm and welcomethe possibility of

providing services for ELEA’s legal matters.

Very truly yours,

SUTIN, THAYER & BROWNEA Professional Corporation

» RE,Benjamin E. Thomas

President & CEO

SUTIN THAYER ¥ BROWNEA PROFESSIONAL CORPORATION

LAWYERS

Eddy-Lea EnergyAlliance

Page 2

to its specific needs. Weoffer the advantagesof a full-service Firm to assist ELEA, along

with the clarity of a primary lawyer to coordinate services.

We appreciate the opportunity to present our Firm and welcomethe possibility of

providing services for ELEA’s legal matters.

Very truly yours,

SUTIN, THAYER & BROWNEA Professional Corporation

» RE,Benjamin E. Thomas

President & CEO

TABLE OF CONTENTS

TECHNICAL PROPOSAL ...........-.-----s:essscaracieneienaonenn sissies sssiaacniisendpavnussusteeseseniesezeneesnioess 1

1. Experience with administrativelaw issues, including but not limited to sunshinelaws, procurementregulations, and governmental conduct rules; also, experiencewith transactionall/contiract ISSUCS qo acpccsscnesccacccsennnsivvenissnncnsncgvsunenatacesaassactaveesoosuaecs 1

2. Administrative law experience representing municipalities or counties .................. 2

3. License and RESUME..............2........0-00---seseeeeeeeeeseenneeeeeeseeeeeenecesnsceeeeneneeserseceeeanereee 6

4. Economic benelit to ELEA.ncccssscssccscnscccsescscasasesvennaxonsassascssnasasconscesswaxavenkaxvenzauvensies 7

SIGNED FORMS......---r<-cscescsceneuccanseossenceserevevarerennnssecscsasitantconsiciceussbauasnsunenansisessapssnsosuuees 7

NEW MEXICO RESIDENT BUSINESS CERTIFICATE. ...........2-2-.--.-.sesesesceseeseseseeeeesees 10

CERTIFICATES OF INSURANCEosc cs cescccccssicseccecasscceonansnaasnseesecantesscsnnsanscesaresssaengsise 11

TABLE OF CONTENTS

TECHNICAL PROPOSAL ...........-.-----s:essscaracieneienaonenn sissies sssiaacniisendpavnussusteeseseniesezeneesnioess 1

1. Experience with administrativelaw issues, including but not limited to sunshinelaws, procurementregulations, and governmental conduct rules; also, experiencewith transactionall/contiract ISSUCS qo acpccsscnesccacccsennnsivvenissnncnsncgvsunenatacesaassactaveesoosuaecs 1

2. Administrative law experience representing municipalities or counties .................. 2

3. License and RESUME..............2........0-00---seseeeeeeeeeseenneeeeeeseeeeeenecesnsceeeeneneeserseceeeanereee 6

4. Economic benelit to ELEA.ncccssscssccscnscccsescscasasesvennaxonsassascssnasasconscesswaxavenkaxvenzauvensies 7

SIGNED FORMS......---r<-cscescsceneuccanseossenceserevevarerennnssecscsasitantconsiciceussbauasnsunenansisessapssnsosuuees 7

NEW MEXICO RESIDENT BUSINESS CERTIFICATE. ...........2-2-.--.-.sesesesceseeseseseeeeesees 10

CERTIFICATES OF INSURANCEosc cs cescccccssicseccecasscceonansnaasnseesecantesscsnnsanscesaresssaengsise 11

TECHNICAL PROPOSAL

Firm Introduction. Sutin, Thayer & Browne A Professional Corporation is a for-profit,

private, professional corporation,with offices in Albuquerque and Santa Fe, New Mexico.

It is one of New Mexico’s largest and most well-established law Firms. We are engaged

in a broad generalcivil and commercial practice, and we are committed to providing high-

quality, responsive, results-oriented legal services for a diverse complementoflarge and

small businesses, governmententities and individuals. The Firm was founded in 1946,

makingit 73 years old, and has operatedin continuous, successful practice overthattime.

The Firm is governed by a CEO/president and a seven-memberboard ofdirectors,

elected annually. We currently have 27 attorneys and 29 staff members. The attorney

group comprises 14 shareholders (eight men, six women), one of counsel, six counsel,

and six associates. We maintain twooffices, one in Albuquerque and one in Santa Fe.

The Firm proposes that Wade L. Jackson serve as primary attorney for ELEA legal

services. A brief introduction:

Mr. Jackson is a shareholder and the practice group leader of the Firm’s commercial

group. He practices primarily in the areas of real estate, business, tax, corporate,

economic development, public finance and tax incentives, and state and local government

law.

Before joining the firm, Mr. Jackson served for five years as General Counsel and

Legislative Coordinator for the New Mexico Economic Development Department under

Governor Susana Martinez. During that time, he served on the Board of Directors of the

New Mexico Finance Authority and chaired its Economic Development Committee,

served as General Counsel for the New Mexico Spaceport Authority, served as Counsel

to the Water Quality Control Commission, and represented Governor Martinez in the New

Mexico Supreme Court and the Water Quality Control Commission in the New Mexico

Supreme Court and Court of Appeals. He helped lead the 2013 tax reform effort in New

Mexico,testifying before numerouslegislative committees and meetings with legislators

of both parties. He also helped negotiate the 2015 Tribal-State Gaming Compacts with

five tribes.

Prior to his state government service, Mr. Jackson practiced law in Albuquerque,

representing insurers andtheir insureds in coverage,bad faith, and products and general

liability litigation, and he provided coverage opinions and counsel. He also clerked for

two years for Senior United States District Judge LeRoy Hansen.

SUTIN, THAYER & BROWNE | RFP FOR LEGAL SERVICES FOR ELEA | Aucust6,2019 | PacE1

TECHNICAL PROPOSAL

Firm Introduction. Sutin, Thayer & Browne A Professional Corporation is a for-profit,

private, professional corporation,with offices in Albuquerque and Santa Fe, New Mexico.

It is one of New Mexico’s largest and most well-established law Firms. We are engaged

in a broad generalcivil and commercial practice, and we are committed to providing high-

quality, responsive, results-oriented legal services for a diverse complementoflarge and

small businesses, governmententities and individuals. The Firm was founded in 1946,

makingit 73 years old, and has operatedin continuous, successful practice overthattime.

The Firm is governed by a CEO/president and a seven-memberboard ofdirectors,

elected annually. We currently have 27 attorneys and 29 staff members. The attorney

group comprises 14 shareholders (eight men, six women), one of counsel, six counsel,

and six associates. We maintain twooffices, one in Albuquerque and one in Santa Fe.

The Firm proposes that Wade L. Jackson serve as primary attorney for ELEA legal

services. A brief introduction:

Mr. Jackson is a shareholder and the practice group leader of the Firm’s commercial

group. He practices primarily in the areas of real estate, business, tax, corporate,

economic development, public finance and tax incentives, and state and local government

law.

Before joining the firm, Mr. Jackson served for five years as General Counsel and

Legislative Coordinator for the New Mexico Economic Development Department under

Governor Susana Martinez. During that time, he served on the Board of Directors of the

New Mexico Finance Authority and chaired its Economic Development Committee,

served as General Counsel for the New Mexico Spaceport Authority, served as Counsel

to the Water Quality Control Commission, and represented Governor Martinez in the New

Mexico Supreme Court and the Water Quality Control Commission in the New Mexico

Supreme Court and Court of Appeals. He helped lead the 2013 tax reform effort in New

Mexico,testifying before numerouslegislative committees and meetings with legislators

of both parties. He also helped negotiate the 2015 Tribal-State Gaming Compacts with

five tribes.

Prior to his state government service, Mr. Jackson practiced law in Albuquerque,

representing insurers andtheir insureds in coverage,bad faith, and products and general

liability litigation, and he provided coverage opinions and counsel. He also clerked for

two years for Senior United States District Judge LeRoy Hansen.

SUTIN, THAYER & BROWNE | RFP FOR LEGAL SERVICES FOR ELEA | Aucust6,2019 | PacE1

SCOPE OF WORK

1. Describe your experience with administrative law issues, including but not

limited to sunshine laws, procurement regulations, and governmental conduct

rules. Describe your transactional/contract experience.

Mr. Jackson served as general counsel to the New Mexico Economic Development

Department for five and a half years, which required procurement and contract

management, including drafting requests for proposals, evaluating proposals, negotiating

and drafting contracts, and supervising contract monitors for the $50 million Local

Economic Development Act program, the $6 million Job Training Incentive Program, the

‘$1.2 million New Mexico MainStreet program, and the New Mexico Film Office with athen-$50 million Film Production Tax Credit incentive. He responded to countless public

records requests, ensured Open Meetings Act compliance for the Department's Industrial

Training Board, which administers the Job Training Incentive Program, and served as the

Department's human resources director for more than a year, ensuring compliance with

employment and govemmental conduct rules.

During his government service, Mr. Jackson also served as general counsel to the New

Mexico Spaceport Authority during the construction of Spaceport America. This included

all procurement for a $225 million construction project andlitigation of more than $20

million in construction claims. Mr. Jackson also served as counsel to the Water Quality

Control Commission for two and a half years, including overseeing the Commission's

adoption of the Copper Rule and successfully defending the Rule in the Supreme Court

of New Mexico. .

In his transactional experience, Mr. Jackson serves as outside general counsel to a New

Mexico homebuilder, regularly negotiating and drafting contracts for land purchase. He

also serves two higher educationinstitutions, three municipalities, and numerousprivate

clients in real estate and business matters, which routinely require the negotiation and

drafting of contracts.

2. Describe your administrative law experience representing municipalities or

counties on legal matters.

As general counsel to the New Mexico Economic Development Department, Mr. Jackson

administered the Local Economic DevelopmentAct program, then a $50 million incentive

to recruit and retain businesses. This required the negotiation and drafting of project

participation agreements with local govemmentfiscal agents for each project. Many of

SUTIN, THAYER & BROWNE | RFP For LEGAL SERVICES FOR ELEA | Aucust 6, 2019 | PAGE 2

SCOPE OF WORK

1. Describe your experience with administrative law issues, including but not

limited to sunshine laws, procurement regulations, and governmental conduct

rules. Describe your transactional/contract experience.

Mr. Jackson served as general counsel to the New Mexico Economic Development

Department for five and a half years, which required procurement and contract

management, including drafting requests for proposals, evaluating proposals, negotiating

and drafting contracts, and supervising contract monitors for the $50 million Local

Economic Development Act program, the $6 million Job Training Incentive Program, the

‘$1.2 million New Mexico MainStreet program, and the New Mexico Film Office with athen-$50 million Film Production Tax Credit incentive. He responded to countless public

records requests, ensured Open Meetings Act compliance for the Department's Industrial

Training Board, which administers the Job Training Incentive Program, and served as the

Department's human resources director for more than a year, ensuring compliance with

employment and govemmental conduct rules.

During his government service, Mr. Jackson also served as general counsel to the New

Mexico Spaceport Authority during the construction of Spaceport America. This included

all procurement for a $225 million construction project andlitigation of more than $20

million in construction claims. Mr. Jackson also served as counsel to the Water Quality

Control Commission for two and a half years, including overseeing the Commission's

adoption of the Copper Rule and successfully defending the Rule in the Supreme Court

of New Mexico. .

In his transactional experience, Mr. Jackson serves as outside general counsel to a New

Mexico homebuilder, regularly negotiating and drafting contracts for land purchase. He

also serves two higher educationinstitutions, three municipalities, and numerousprivate

clients in real estate and business matters, which routinely require the negotiation and

drafting of contracts.

2. Describe your administrative law experience representing municipalities or

counties on legal matters.

As general counsel to the New Mexico Economic Development Department, Mr. Jackson

administered the Local Economic DevelopmentAct program, then a $50 million incentive

to recruit and retain businesses. This required the negotiation and drafting of project

participation agreements with local govemmentfiscal agents for each project. Many of

SUTIN, THAYER & BROWNE | RFP For LEGAL SERVICES FOR ELEA | Aucust 6, 2019 | PAGE 2

these municipalities, counties, and regional organizations were located in sparsely

populated rural areas and did not havefull-time attomeys of their own. Mr. Jackson

represented the interests of the local govemment partners in relation to the private

companyobtaining the job creation incentive. Mr. Jackson traveled throughout the state

instructing the New Mexico Municipal League, the New Mexico Association of Counties,

and several local govemments (including the City of Artesia) on Local Economic

Development Act policies and procedures.

In private practice, Mr. Jackson has an active tax practice that includes the administrative

litigation of tax protests, including In the Matter of the Protest of Harris Corporation,

Decision and Order No. 18-35, in which he successfully protested the Taxation and

Revenue Department’s denial of High Wage Jobs Tax Credits in excess of $5 million.

Mir. Jacksonis licensed in New Mexico and is a memberin good standing with the State

Bar of New Mexico. He holds a Martindale Hubbell peer-review rating ofAV Preeminent.

Additional Expertise

In addition to Mr. Jackson’s personal legal experience, the Firm has significant experience

in. economic development, which might be of interest. Economic development projects

require extensive experience in abroad range of practices, including project finance,

mergers and acquisitions, municipal finance, acquisition finance, tax, real estate,

governmental affairs and regulatory oversight. The Firm's economic development

practice is distinguished by its balanced representation of public and private owners and

operators, sponsors, developers, investment and commercial banks,institutional lenders,

and government entities in matters conceming economic development, including tax

incentives, industrial revenue bonds and Local Economic Development Act grants. We

have been involved in sophisticated and unique projects that require a broad range of

legal skills and practices, ranging from traditional municipal and project financing to the

structuring of public-private partnership entities and the sale or lease of existing

infrastructure assets. Our public finance, public law, real estate; tax and construction

expertise combine for an ideal team to call upon for economic developmentprojects of

anysize.

Examplesinclude:

« We developed the template ordinances and project participation agreements that

the Economic Development Department uses statewide for municipalities that do

not have local expertise.

e Werepresented the private entity that received thefirst City ofAlbuquerque LEDA

grant, and navigated the issues related to combining the use of an industrial

SuTN, THAYER& BROWNE | RFP FoR LeGal SERVICES FOR ELEA | AucustT 6, 2019 | PacE3

revenue bond with City and County LEDAgrants. We representlenders in lending

to projects that are the subject of industrial revenue bonds and LEDAgrants.

We served as special counsel to the New Mexico Finance Authority and the

Economic Development Department in the implementation of the Statewide

Economic Development Financing Act, and we have various disclosure counsel

relationships with the NMFA. Our Firm had primary responsibility in representing

the State Board of Finance and the Department of Finance and Administration in

the drafting and adoption of the NMFA’s enabling legislation.

We represented the New Mexico Spaceport Authority in the development andconstruction of the world’s first purpose-built commercial spaceport. Our workincluded assessment of programming and related studies, negotiation andpreparation of the architects contract, the development agreement and leaseagreementand negotiation of agreements with localutilities.Werepresented a multinational corporation in the development of a $200 million

project that layered industrial revenue bonds, Local Economic Development Actfunds, new markets tax credits, job training incentive program financing, and

conventional financing. Wealso represented that corporation in matters related to

the design and construction of the manufacturing facility and negotiations with

utilities.

We serve as bond counsel on a variety of projects spurring economic activity inthe state and region. For example, we served as bond counsel! to St. John’sCollege and as borrower's counselto El Castillo Retirement Residences for IRBsissued by the City of Santa Fe; to Schott Solar Inc. in the issuance of industrialrevenue bonds for its manufacturing facility in the Mesa del Sol area ofAlbuquerque; to Gerald Champion Regional Medical Center for industrial revenuebonds issuedbythe City of Alamogordo and the New Mexico Hospital EquipmentLoan Council; to SUMCO Phoenix Corporation in a City of Albuquerque industrialrevenue bond for equipment at its existing facility; and to Andaluz Hote! inAlbuquerquefor renovationsat that hotel.

We servedas issuer’s counsel to Torrance, Sierra and Luna Counties for industrialrevenue bondsfor wind energy facilities and to Silver City for industrial revenue

bondsfor a solar facility.

Our lawyers coordinated National Environmental Policy Act and Nationa! HistoricPreservation Act (Section 106) review processes for a $250 million public-private

joint venture that spanned a mix of state and private land and crossed the EI

Camino Real National Historic Trail.

We represented the developer of an 1,100-home master-planned residentialcommunity. Specifically, lawyers negotiated the purchase of the real estate,negotiated and prepared purchase agreements with the homebuilders, prepared

SUTIN, THAYER & BROWNE | RFPFor LecaL SERVICES FOR ELEA |Aucust6, 2019 | Pace 4

covenants, conditions and restrictions applicable to the subdivision, and provided

advice with regard to the City of Albuquerque’s financial guaranty requirements.

We coordinated representation of the lead lender in a $60 million real estate

secured transaction. The transaction wasfinanced using a combination of a multi-

participant construction and mini-perm loan, a financial contribution from the

Fortune 500 Companytenant, industrial revenue bonds, and state appropriations

funded through New Mexico’s Local Economic DevelopmentAct. Specifically, our

work included preparation and negotiation, of participation agreements and loan

documents; review of the build-to-suit lease and industrial revenue bond lease;

negotiation of SNDAs; preparation and negotiation of loan documents; review of

the title commitment and exception documents, surveys, phase | environmental

assessments, and zoning and entitlement information.

‘SUTIN, THAYER & BROWNE | RFP For Lecat SERVICES FOR ELEA | Aucust 6, 2019 | Pace 5

3. License and Resume

Please seefollowing pages.

Sum, THAYER & BROWNE | RFP FoR LecaL SERVICES FOR ELEA | Ausust 6, 2019 | PAGE6

NEW MEXICO'S BUSINESS LAWYERS ®

WadeL. Jackson

[email protected] (esi

Phone: (505) 883-3431

Fax: (505) 855-9514

Albuquerque Office

WADE L. JACKSON is a shareholder and a member of the firm's Commercial

Group. He practices primarily in the areas of real estate, business, tax, corporate,

economic development, public finance and tax incentives, and state and local

governmentlaw.

Before joining the firm, Wade served for five years as General Counsel andLegislative Coordinator for the New Mexico Economic Development Department.

During that time, he served on the Board of Directors of the New Mexico Finance

Authority and chaired its Economic Development Committee, served as General

Counsel for the New Mexico Spaceport Authority, served as Counsel to the Water

Quality Control Commission, and represented Governor Susana Martinez in theNew Mexico Supreme Court and the Water Quality Control Commission in theNew Mexico Supreme Court and Court of Appeals. He helped lead the 2013 tax

reform effort in New Mexico, testifying before numerous legislative committees

and meetings with legislators of both parties. He also helped negotiate the 2015Tribal-State Gaming Compactswithfivetribes.


WadeL. Jackson


Phone: (505) 883-3431

Fax: (505) 855-9514

Albuquerque Office




governmentlaw.









WadeL. Jackson


Phone: (505) 883-3431

Fax: (505) 855-9514

Albuquerque Office




governmentlaw.









WadeL. Jackson


Phone: (505) 883-3431

Fax: (505) 855-9514

Albuquerque Office




governmentlaw.









WadeL. Jackson


Phone: (505) 883-3431

Fax: (505) 855-9514

Albuquerque Office




governmentlaw.








Prior to his siate government service, Wade practiced law in Albuquerque,representing insurers and their insureds in coverage, bad faith, and products andgeneralliability litigation, and he provided coverage opinions and counsel. Healso clerked for two years for Senior United States District Judge LeRoy Hansen.

Prior to his legal career, Wade was a staff writer at the Los Angeles Times, the

Santa Monica Outlook, the South Bay Daily Breeze, and the Los Angeles DailyNews.

Admissions

° New Mexico

¢ U.S. District Court, District of New Mexico

* U.S. Court of Appeals, 1 0th Circuit

Education

* University of New Mexico Law School, 2003, J.D., cum laude

* University of Southern California, 1999, Dual B.A.s, Political Science/Print

Journalism

* University of Southern California, 1998, Semester at USC Washington, D.C.,

Center, intern, press office of U.S Sen. Pete Domenici.

Publications & Speeches

* Equal Employment Opportunity, Imagen Magazine, April 2003

° Easley v. Cromartie, 532 U.S. 234 (2001), Race-based Redistricting and

UnequalProtection, 32 N.M. L. Rev. 491 (2002)

* The Right to Keep and Bear Arms in State Constitutions, National Rifle

Association Civil Rights Defense Fund Law Students’ Writing Competition(2001)

* Newspaperarticles (too numeroustolist), January 1994-December 1999




Admissions

° New Mexico



Education



Journalism













Admissions

° New Mexico



Education



Journalism













Admissions

° New Mexico



Education



Journalism













Admissions

° New Mexico



Education



Journalism










Recognitions

¢ Martindale-Hubbell rating: AV Preeminent

Professional & Community Involvement

© New Mexico Law Review, Managing Editor

© Order of the Coif

Representative Experience

Mr. Jackson's representative clients include taxpayers, a large homebuilder, the

State of New Mexico, Governor Martinez, state agencies, boards and

commissions, and appointed officials. Among other matters, he has:

¢ Negotiated and dratted legislation, including revisions to the tax code, public

finance packages and capital outlay, and tax incentives

° Negotiated, drafted, and ensured legal compliance of local government

ordinances, contracts, and security instruments’ for Local Economic

Development Actprojects

° Administered the Angel Investment Tax Credit program

° Represented the New Mexico Film Office, including determining eligibility for

the Film Production Tax Credit and negotiating the use of state facilities for

filming

¢ Developed incentive packagesto recruit businesses to New Mexico

° Overseen administrative adjudications and rulemaking proceedings, includingthe Copper and Dairy Rules

* Negotiated Tribal-State Gaming Compactswithfive tribes

¢ Negotiated numerousreal estate acquisitions

° Prevailed in an administrative protest allowing a taxpayer to obtain a tax credit

in excess of $5 million

Recognitions

















filming







Recognitions

















filming







Recognitions

















filming







Recognitions

















filming







Practice Areas

* Business and Corporate Law

° Indian Law

* Tax Law

* Public Finance and Tax Incentives

State and Local Government

CommercialLitigation

Real Estate Law

Renewable Energy

Industry Sectors

* Business in Indian Country

Economic Development

Family-Owned and Small Business

Construction and Real Estate Development

Practice Areas


° Indian Law

* Tax Law




Real Estate Law

Renewable Energy

Industry Sectors





Practice Areas


° Indian Law

* Tax Law




Real Estate Law

Renewable Energy

Industry Sectors





Practice Areas


° Indian Law

* Tax Law




Real Estate Law

Renewable Energy

Industry Sectors





Practice Areas


° Indian Law

* Tax Law




Real Estate Law

Renewable Energy

Industry Sectors





4. Economic Benefit to ELEA

The Firm’s standard hourly billing rates for attorneys currently range from $140 to $450.

Our paralegals, who are not attorneys, occasionally perform work andbill in compliance

with New Mexico Supreme Court rules. The Firm normally charges $125 per hour for work

performedbyparalegals.

The Firm proposes to charge ELEA onan hourly basis at a 17% discountoff its standard

rates, adjusted annually by addendum to the contract for normal rate increases, as

attorneys and paralegals increase in seniority and as our roster changes. The proposed

discounted rates for the ELEA team are shownbelow. Grossreceipts tax and costs would

be billed in addition to our fees. The hourly fee structure is the rate offered to our most

favored clients.

Mr. Jackson would be primarily responsible for ELEA legal matters.Billing rates will not

increase before. 2020. Mr. Jackson might assign a matter to another lawyer, as

appropriate and with prior ELEA approval. Rates will be based upon years of experience

and discounted in accordancewith the table.

Years of Standard 17% DiscountedLawyer Job Title Experience Hourly Rate Hourly Rate

Wade Jackson Shareholder 16 $300 $250.00

Associate 3 $180 $149.00

Paralegals 30+ $125 $104.00

A billable houris an hourof time actually spent on productive workfortheclient, billed in

one-tenth-hour increments. Time that is only marginally related to the client, such as time

to complete timeslips, review billing worksheets, and othersimilar tasks, is not charged.

Expenses and Reimbursements

In addition to hourly fees, the Firm advances certain costs and is reimbursed at the rates

in the following chart (subject to negotiation):

SuTIN, THAYER & BROWNE | RFP FoR LEGAL SERVICES FOR ELEA | AucusT 6, 2019 | PAGE 7











favored clients.







Associate 3 $180 $149.00

Paralegals 30+ $125 $104.00


















favored clients.







Associate 3 $180 $149.00

Paralegals 30+ $125 $104.00


















favored clients.







Associate 3 $180 $149.00

Paralegals 30+ $125 $104.00


















favored clients.







Associate 3 $180 $149.00

Paralegals 30+ $125 $104.00








Costs Charges’

Telephone...ccceeccesseeseeeeeeeeeeeeeeees No charge

Photocopies................2cccceccesecneeseesseeees No charge

FONDS dcssnzasesssracasesuavdesleonennatosaaceseecenss No charge

SCANS 00.0... .cceeeccesecceeescceeenrsceeeessceseeseees No charge

PMBios, ois ncndevadtesscencdensvsaebsesbvardllleswedis No charge

Parking andtaxis ...................0066.00 No charge

POSERGC522i cisen Baapienetae natn emenxesaacens No charge (except unusually large mailings)

Computerized Legal Research............ No charge

Commercial Messenger/Delivery Service .............cccccesesesseeeeeees Actualcost

Filing Fees, Service, Statutory Fees... Actual cost

Miscellaneous,to be specified(e.g., special supplies, seals, minutebooks, outside reproduction)............... Actual cost

MICAGE «0... eee cceeecesseseeeceeescessecseesecees Current rates

Travel, Food, Lodging..........cc:ccsecece Our lawyers consult with clients beforeincurring these expenses. Whentime permits,travel and lodging are bookedat discountrates. See narrative in second paragraph ofthis section.

In-house Courier Service .................... 0-3 miles: $3/trip plus 53.5¢/mile.3 + miles: $7.50/trip plus 53.5¢/mile.

SUTIN, THAYER & BROWNE | RFP FOR LEGAL SERVICES FOR ELEA | AuGust6, 2019 | Pace 8

Costs Charges’
















Costs Charges’
















Costs Charges’
















SIGNED FORMS

Please see following pages.

SUTIN, THAYER & BROWNE | RFP FOR LEGAL SERVICES FOR ELEA | AuGusT6, 2019 | PAGE

SIGNED FORMS



SIGNED FORMS



SIGNED FORMS



PROPOSAL FORMEDDY-LEA ENERGY ALLIANCE

AS-NEEDED LEGAL COUNSEL REGARDING GENERAL COUNSEL MATTERSPROPOSALELEA-02-2019

DUE DATE: AUG.6, 2019 3:00 P.M. (MST)

1. Items # 1-3 of the "Proposal Requirements” (“Specifications Page 2 of 6) have beenaddressed (numerically):

X_Yes

2. Attached forms have been completed & signed: X_Yes Campaign ContributionRelated Party DisclosureDebarmentCertificationNon-Collusion Affidavit

3. Copyofcurrent license to practice law in New Mexicois enclosed: X_Yes for Wade L.Jackson

4. The services offered meet specifications: X_Yes NoIf the services offered do not meet specifications, all exceptions or variations are setforth on the following page.

| have read and understand the Terms and Conditions and Specifications and ContractualTerms. | agree to comply with such and warrant that the services offered are as representedinthis Pri al Form,

Benjamin E. Thomas

Signature Name(Typed/Printed)

Sutin, Thayer & Browne CEO & PresidentCompany Position

6100 Uptown Blvd NE,Suite 400 505-883-2500 505-888-6565Address Telephone Number FAX Number

Albuquerque.NM87110SsaCity, State, Zip Fed. Tax ID /SS# E-mail Address

State of New Mexico ))ss.

County of Bernalillo )

Benjamin E. Thomas (name), being duly sworn, deposes and says thathe/she is _CEO & President (title) of Sutin. Thayer & Browne APC (company)andall foregoing questions and all statements herein contained are true and correct.Subscribed and swom to before me this 3isi day ‘Ble , 2019

Notary PyplicMy commission expires: 5/29/21 -- Kelly Brewer

40f5

OPTIONS, EXCEPTIONS OR VARIATIONSEDDY-LEA ENERGY ALLIANCE



Please state each and every option, exception, or variation to the specifications (if any)for the services offered. Please sign below and return with youroffer.

N/A

1) THERE ARE OPTIONS, EXCEPTIONS OR VARIATIONS.

SignatureOR --

2) THERE ARE NO OPTIONS,ETC. LISTED. Theservices offered onthisRequestFor Proposal meet or exceed all specifications, terms and conditions asdescribed in said Request For Proposal without exceptions. | understandservices not meeting all specifications, terms an sitionsyebe rejected.

Signature - Benjamin E. Thomas

CEO & President

Sutin, Thayer & Browne APC 5of 5





N/A


SignatureOR --



CEO & President






N/A


SignatureOR --



CEO & President






N/A


SignatureOR --



CEO & President


Related Party Disclosure Form

\. Are you indebted to or have a receivable from any memberof the Board ofCounty Commissioners; electedcounty officials, administration officials, department heads, and key managementsupervisors with the County ofLea?

Yes No X

2. Are you, or any officer ofyour company related to any memberofthe Board of County Commissioners; electedcounty officials, administration officials, department heads, key managementsupervisors of the County ofLea andhave you had anyofthe following transactions since January 1, 2008, to which Lea County was,is to be, a party?

Yes NoSales, Purchaseor leasing ofproperty ? is xXReceiving, furnishing of goods, services

orfacilities? ca xK

Commissionsor royalty payments _ xX_

3. Does any memberofthe Board ofCounty Commissioners; elected county officials, administration officials,department heads, key management supervisors with the County of Lea, have anyfinancial interest in yourcompany whether a sole proprietorship, partnership, or corporation of any kind that currently conducts businesswith the County of Lea?

Yes No_X

4. At any time from January 2008 through the present, did you, your company,or any officer ofyour company havean interest in or signature authority over a bank accountfor the benefit ofa memberofthe Board ofCountyCommissioners; elected county officials, administration officials, department heads, key management supervisorswith the County of Lea?

Yes No_X

5. Are you negotiating to employ or do you currently employ any employee,officer or family memberofanemployeeorofficer of County of Lea?

Yes No_X

The answersto the foregoing questions are correctly stated to the best of my knowledgeandbelief.

Date July 31, 2019Signature of Owner or Company President:

oe”

(Print Nameand Title): Benjamin E. Thomas. CEO & President - Sutin. Thayer & Browne APC



Yes No X



orfacilities? ca xK



Yes No_X


Yes No_X


Yes No_X



oe”




Yes No X



orfacilities? ca xK



Yes No_X


Yes No_X


Yes No_X



oe”




Yes No X



orfacilities? ca xK



Yes No_X


Yes No_X


Yes No_X



oe”


4

NON-COLLUSION AFFIDAVIT

STATE OF_NewMexico _)County OF_ Bernalillo )

Benjamin E. Thomas (name) beingfirst duly sworn, deposes and says

that he/sheis (title) CEO & President

of(organization) _ Sutin,&APC

whosubmits herewith to the County of Lea, a proposal:

Thatall statements of fact in such proposal are true:

That said proposal was not madein theinterest ofor on behalfof any undisclosed person, partnership, company,association, organization or corporation;

That said bidderhas not, directly or indirectly by agreement, communication or conference with anyone attemptedto induce action prejudicial to the interest of the County ofLea, or ofany bidder ofanyoneelse interested in theproposedcontract; and further,

That prior to the public opening and reading ofproposal, said bidder:

1. Did notdirectly or indirectly, induce or solicit anyone else to submit a false or shamproposalDid not directly or indirectly collude, conspire, connive or agree with anyone else that said bidder oranyone else would submit a false or sham proposal, or that anyone should refrain from bidding orwithdraw his proposals;

35 Did not in any manner, directly or indirectly, seek by agreement, communication or conference withanyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix anyoverhead,profit or cost elementoftheir proposalprice, or ofthat of anyoneelse;

4, Did not directly or indirectly, submit his proposed price or any breakdown thereof, or the contestthereof, or divulge information or data relative thereto, to any corporation, partnership, company,association organization, bid depository or to any member or agent thereof, or to any individual ofgroup ofindividuals, except that County ofLea, or to any person or persons who have a partnership orother financial interestsa

By:_ )4

Title Benjamin E. Thomas. CEO & President

SUBSCRIBEDand sworn to before me this___ 3. Ist day of. July , 2019

Notary Public: een. Breuer.My Commission Expires: 5021 - Kelly Brewer

4














By:_ )4




4














By:_ )4




CAMPAIGN CONTRIBUTION DISCLOSURE FORM

Pursuant to the Procurement Code, Sections 13-1-28, et seq., NMSA 1978 and NMSA 1978, §13-1-191.1 (2006), as amended by Laws of2007, Chapter 234, any prospective contractorseeking to enter into a contract with any state agency or local public body for professionalservices, a design and build project delivery system, or the design and {installation ofmeasures the primary purpose of whichis to conserve natural resources mustfile this formwith that state agency or local public body. This form must be filed even ifthe contract qualifiesas a small purchase or a’sole source contract. The prospective contractor must disclose whetherthey, a family member or a representative ofthe prospective contractor has made a campaigncontribution to an applicable public official ofthe state or a local public body during the twoyears prior to the date on which the contractor submits a proposal or, in the case ofa sole sourceor small purchase contract, the two years prior to the date the contractor signs the contract, iftheaggregate total of contributions given by the prospective contractor, a family member or arepresentative of the prospective contractorto the public official exceeds two hundred andfiftydollars ($250) over the two year period,

Furthermore, the state agency or local public body may cancel a solicitation orproposed awardfor a proposed contract pursuant to Section 13-1-181 NMSA 1978 or a contract that is executedmayberatified or terminated pursuant to Section 13-1-182 NMSA 1978 ofthe ProcurementCode ift 1) a prospective contractor, a family memberofthe prospective contractor, or arepresentative ofthe prospective contractor gives a campaign contribution or other thing ofvalueto an applicable public official or the applicable public official’s employees during the pendencyofthe procurement process or 2) a prospective contractor fails to submit a fully completeddisclosure statement pursuant to the law.

The state agency or local public body that procures the services or items oftangible personalproperty shall indicate on the form the name or names of every applicable public official, ifany,for which disclosure is required by a prospective contractor.

THIS FORMMUSTBE INCLUDED IN THE REQUEST FOR PROPOSALS AND MUST BEFILED BY ANYPROSPECTIVE CONTRACTORWHETHER ORNOT THEY, THEIRFAMILY MEMBER, ORTHEIRREPRESENTATIVE HAS MADE ANY CONTRIBUTIONSSUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a personelected to an office or a person appointed tocomplete a term of an elected office, who has the authority to award or influencethe award ofthe contract for which the prospective contractor is submitting acompetitive sealed proposal or whohasthe authority to negotiate a sole source orsmall purchase contract that may be awarded without submission of a sealedcompetitive proposal.

tof 3DFADisclosure form/July, 2007

















.

“Campaign Contribution” means gift, subscription, loan, advance or deposit of moneyor other thing ofvalue, including the estimated value of an in-kind contribution, that ismadeto or received by an applicable public official or any person authorized toraise,collect or expendcontributions onthat official’s behalffor the purposeofelecting theofficial to statewide or local office. “Campaign Contribution” includes the paymentofadebt incurred in an election campaign, but does not include the value of services providedwithout compensation or unreimbursed travel or other personal expenses ofindividualswhovolunteer a portion orall oftheir time on behalfof a candidateor politicalcommittee, nor does it include the administrative or solicitation expenses ofa politicalcommittee that are paid by an organization that sponsors the committee.

“Family member” means spouse, father, mother, child, father-in-law, mother-in-law,

daughter-in-law or son-in-law of (a) a prospective contractor, ifthe prospectivecontractor is a natural person; or (b) an ownerofa prospective contractor.

“Pendency of the procurement process” means the time period commencing with thepublic notice ofthe request for proposals and ending with the award ofthe contract or thecancellation ofthe request for proposals.

“Prospective contractor” means a person or business that is subject to the competitivesealed proposal process set forth in the Procurement Codeor is not required to submit acompetitive sealed proposal because that person or business qualifies for a sole source ora small purchase contract.

“Representative of a prospective contractor” means an officer or director of acorporation, a member or manager ofa limited liability corporation, a partner of apartnership or a trustee ofa trust ofthe prospective contractor.

Name(s) ofApplicable Public Official(s) if any, including but not limited to: City ofHobbsMayor Sam Cobb, Carlsbad City Councilor Jason Shirley, Eddy County Commissioner SusanCrockett, and Lea County Commissioners Ron Black and Jonathan Sena.

DISCLOSURE OF CONTRIBUTIONS BY PROSPECTIVE CONTRACTOR:

Contribution Made By: ia

Relation to Prospective Contractor:

Date Contribution(s) Made:

Amount(s) of Contribution(s)

Nature of Contribution(s)

20f3

DFA Disclosure form/July, 2007

.














20f3


.














20f3


Purpose of Contribution(s)

(Attach extra pages if necessary)

Signature Date

Title (position)

; -OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTYDOLLARS ($250) WERE MADEto an applicable public official by me, a family member orrepresentative.

Signaturt - Benjamin E. Thomas DateCEO & President

Sutin, Thayer & Browne APCTitle (Position)

3 of 3DFADisclosure form/July, 2007



Signature Date

Title (position)

; -OR—







Signature Date

Title (position)

; -OR—





NEW MEXICO RESIDENT BUSINESS CERTIFICATE

Please see following page.

SUTIN, THAYER & BROWNE | RFP FOR LEGAL SERVICES FOR ELEA | AucusT 6, 2019 | Pace 1 0







BePtGhtytll AtlaeceReree

STATE OF NEW MEXICO

TAXATION AND REVENUE DEPARTMENT

RESIDENT BUSINESS CERTIFICATE

Issued to: SUTIN, THAYER & BROWNE APC

DBA: SUTIN, THAYER & BROWNE APCPO BOX 1945ALBUQUERQUE, NM 87103-1945

Expires: 06-Nov-2020

Certificate Number:

L0082748208CNR. Mme.

i John Monforte, Acting Cabinet Secretary

b \| THIS CERTIFICATE IS NOT TRANSFERABLE

edPRE PRTPePRAPRLPkt PeReAura a aN a a FN g!l Tan AHITA a

BePtGhtytll AtlaeceReree

STATE OF NEW MEXICO

TAXATION AND REVENUE DEPARTMENT

RESIDENT BUSINESS CERTIFICATE

Issued to: SUTIN, THAYER & BROWNE APC

DBA: SUTIN, THAYER & BROWNE APCPO BOX 1945ALBUQUERQUE, NM 87103-1945

Expires: 06-Nov-2020

Certificate Number:

L0082748208CNR. Mme.

i John Monforte, Acting Cabinet Secretary

b \| THIS CERTIFICATE IS NOT TRANSFERABLE

edPRE PRTPePRAPRLPkt PeReAura a aN a a FN g!l Tan AHITA a

CERTIFICATESOF INSURANCE


Certificates naming ELEA as an additional insured would be provided before any legalwork is performed.

SUTIN, THAYER & BROWNE | RFP FoR LEGAL SERVICES FOR ELEA | AuGust 6, 2019 | PAGE 11

CERTIFICATESOF INSURANCE


Certificates naming ELEA as an additional insured would be provided before any legalwork is performed.

SUTIN, THAYER & BROWNE | RFP FoR LEGAL SERVICES FOR ELEA | AuGust 6, 2019 | PAGE 11

ALPS Lawyers Professional Liability insurance Policy

HOMEOFFICE ADDRESS: PHONE: MAILING ADDRESS:

111 N.Higgins, Suite 600 (800) 367-2577 PD Box 9169Missoula, MT 59802 Missoula, MT 59807-9169

POLICY DECLARATIONS

NOTICE: THE POLICY §S A CLAIMS MADE AND REPORTED POLICY, NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST

MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLEEXTENDED REPORTING PERIOD, PLEASE READ THE ENTIRE POLICY CAREFULLY.

POLICY NUMBER: ALPS10820- 14

{tem 1— Named {nsured: Sutin Thayer & Browne A Professional Corporation

Address: 6100 Uptown Blvd. NE, Suite 400

P, O. Box 1945

Albuquerque, NM 87110

ttem 2 — Retroactive Coverage Date: None

item 3 — Name of Each Insured Attorney:

See Attached

item 4— Policy Period:

Effective Date and Time: 01/01/2019 * at 12:01 AM atthe address stated In Item 1.Expiration Date and Time: 01/01/2020 at 12:01 AM at the address stated in Item 1.

Item 5 — Limit of Labllity: $10,000,000 Each Claim*

$20,000,000 Aggregate

Item 6 — Deductible: $50,000 Each Claim*

Item 7— Annual Premium: $118,500

Item 8— Endorsements attached at Inception of the policy form LPL PREMIER (01-18):

Signature Page NM Amendatory Prior Acts Coverage Endorsement

Excluded Entity(s) Excluded Matter{s) Amended Excluded OrganizationEndorsement

* Important Notice: All Claims that arise out of or In connection with the same Professional Services or Related Professional Services,

whenever madeand without regard to the numberof Clalms, clalmants, or implicated insureds, shall be treated as a single Claim.

Ajl current and previously submitted application forms delivered to the Company are made a part of the Policy. The Named Insured may

obtain a copy ofali application forms by submitting a written request to the Company.

Date:02,Authorized Representative

Countersigned by:

ALPS DEC LPL (01-18) Page lof 1

ALPS Lawyers Professional Liability insurance Policy

HOMEOFFICE ADDRESS: PHONE: MAILING ADDRESS:

111 N.Higgins, Suite 600 (800) 367-2577 PD Box 9169Missoula, MT 59802 Missoula, MT 59807-9169

POLICY DECLARATIONS

NOTICE: THE POLICY §S A CLAIMS MADE AND REPORTED POLICY, NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST

MADE AGAINST THE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLEEXTENDED REPORTING PERIOD, PLEASE READ THE ENTIRE POLICY CAREFULLY.

POLICY NUMBER: ALPS10820- 14

{tem 1— Named {nsured: Sutin Thayer & Browne A Professional Corporation

Address: 6100 Uptown Blvd. NE, Suite 400

P, O. Box 1945


ttem 2 — Retroactive Coverage Date: None

item 3 — Name of Each Insured Attorney:

See Attached

item 4— Policy Period:

Effective Date and Time: 01/01/2019 * at 12:01 AM atthe address stated In Item 1.Expiration Date and Time: 01/01/2020 at 12:01 AM at the address stated in Item 1.

Item 5 — Limit of Labllity: $10,000,000 Each Claim*

$20,000,000 Aggregate

Item 6 — Deductible: $50,000 Each Claim*

Item 7— Annual Premium: $118,500

Item 8— Endorsements attached at Inception of the policy form LPL PREMIER (01-18):

Signature Page NM Amendatory Prior Acts Coverage Endorsement

Excluded Entity(s) Excluded Matter{s) Amended Excluded OrganizationEndorsement

* Important Notice: All Claims that arise out of or In connection with the same Professional Services or Related Professional Services,

whenever madeand without regard to the numberof Clalms, clalmants, or implicated insureds, shall be treated as a single Claim.

Ajl current and previously submitted application forms delivered to the Company are made a part of the Policy. The Named Insured may

obtain a copy ofali application forms by submitting a written request to the Company.

Date:02,Authorized Representative

Countersigned by:

ALPS DEC LPL (01-18) Page lof 1

% Clients:

ACORD..

|

CERTIFICATE OF LIABILITY INSURANCE

DATE (BRIDDIVYYY)

32/2019

REPRESENTATIVE ORPRODUCER, ANDTHECERTIFICATE HOLDER.

THIS CERTIFICATE IS ISSUED AS A MATTEROF INFORMATION ONLYANDCONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOTAFFIRMATIVELY OR NEGATIVELY AMEND, EXTENDORALTER THECOVERAGEAFFORDED BY THE POLICIESBELOW. THIS CERTIFICATEOF INSURANCE DOES NOTCONSTITUTE A CONTRACTBETWEEN THE ISSUING INSURER(S), AUTHORIZED

may require an 4 nt. A statIMPORTANT:Ifthe certificate holder is an ADDITIONAL INSURED,the policy{tes) murst have ADDITIONALINSURED provisions or be endorsed.

If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, ithis certificate does notconfer any rights to thie certificate holder in lieu of such endorsement{s).

ton

PRODUCERUSI Southwest Inc. NM -CL4100 Osuna Road NE Suite 2-203


“Hilton Stout

EShrensiue[fae nox 855-512-3881

“INDICATED. NOTWITHSTANDING ANY REQU

S0SUREIES} Macs505 262-2621 INSURERA ; SextinedInsuranceCompanytie. 11000

INSURED : 7 DISURER - HaroxdAcchiest&indiemcityCompemy 22357SutinThayer& BrowneA Professional Co sueseae NONAIC6100 Uptown Bivd NE Ste 400 =

Albuquerque, NM 87110 eestRens

INSURERF

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:THIS {S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDABOVE FOR THE POLICY PERIOD

RIBED HEREIN IS SUBJECT TO ALL THE TERMS,ieeeeeee LMITS SHOW MAY HAVE BEEN REDUCED BYPAID CLAIMS

ie 2 TYPEOF INSURANCE POLICYNUMBER iets

A |X] COMMMIRCHE. GENERAL LUBETTY X X |34SBAZN8119 1019/0: EACHOCCURRENCE $2,000,000] cuumsmave [x] OccuR 34,000,000

ia REDEXP (ryone person) $10,000

|__| sapbouury |32,000,000GENL AGGREGATE LIMITAPPLESPER: GEXERAL AGGREGATE 34,000,000

|__} Poucy CJ Seo [x] Loc PRODUCTS -CoupropAcc |34,000,000OTHER: $s

A AUTOMOBILE LIABILITY 34SBAZN8119 —_— 0: ust 2,000,000| ANYAUTO BODILYIMSURY(Per person) |S

| RuTosONY ne BODILY INJURY (Per accident) $

Pau [RS fs$

AL x|uwersiauas 1X occur 34SBAZN8119 hinted 0 EACHOCCURRENCE 34,000,000EXCESS LIAB CAMS AGGREGATE 34,000,000DED | x| RETENTIONS10000 =

B WORKERSCOMPENSATION, - X 34WECPX6540 b2r04/2018/0 X { igPRETOTEREEOUIVE las execcisccoen |+500,000(Mandatory tn NH) EL DISEASE-EA 3500,000

= DESGRIPTIONOFOPERATIONS below Et msease-poucyum |s500,000

C |Directors & AC1305582 2/04/2019 02/04/2020 $2,009,000 - LimitOfficers Liab

OF OPERATIONS / /VEMICLES

named Insured.

(See Attached Descriptions)

D (AcorDThe GeneralLiability policy includes an automatic Additional Insuredatcanionen that provides Additional

Insured status to the Certificate Holder, onlywhen there is a written contract or written agreementbetween the named insured and the certificate holder and with regard to work performed on behalfofthe

The General Liability and Workers" Compensation policies provide a BlanketWaiver of Subrogation in favor

CERTIFICATE HOLDER CANCELLATION

Sutin Thayer& Browne A

Professiona! Corporation

PO Box 1945

Albuquerque, NM 87103 St

ACORD 25 (2016/03) 4

#S25182589/M25182577

© 1888-2015 ACORD CORPORATION. All rights reserved.

of2 The ACORD name and logo are registered marks of ACORDTMJHR

DESCRIPTIONS(Continued from Page 1)

of the same, when required bywritten contract.

‘| The General Llabllity policy contains a special endorsementwith "Primary and Noncontributory” wording,when requiredby written contract.

SAGITTA26.3 (2016/03) 2 of2

#525182589/M25182577

DESCRIPTIONS(Continued from Page 1)

of the same, when required bywritten contract.

‘| The General Llabllity policy contains a special endorsementwith "Primary and Noncontributory” wording,when requiredby written contract.

SAGITTA26.3 (2016/03) 2 of2

#525182589/M25182577

MONTGOMERY NANCY M. KING J. BRENT MOORE

& ANDREWS Direct: (505) 986-2516 Direct: (505) 986-2648Email: [email protected] Email: [email protected]

LAV FIRM www.montand.com www.montand.cam

September 12, 2018

VIA E-MAIL

Eddy/Lea EnergyAlliance

c/o Kathy McLaughlin

100 N. Main, Ste. 11

Lovington, NM 88260

[email protected]

= Re: New Mexico Legislative Representation

Dear Mayor Cobb:

We are very enthusiastic about the opportunity to represent the interests of theEddy/Lea Energy Alliance (“ELEA”) before the New Mexico legislature. This letter will confirmour agreementfor lobbying services to be performed by Montgomery & Andrews,P.A. (“M&A”)on behalf of ELEA:

1. ELEA will retain the services of M&Aat an annual rate of $54,000 plus applicablegross receipts tax. In return, the services to be performed by Nancy King and Brent Moorewillbe to lobbyfor Holtec’s proposed Interim Storage Facility for Used Nuclear Fuel and High LevelWaste. Paymentof the retainer shall be made in monthly payments beginning October 1, 2018.Monthly paymentsshall be in the amountof $4,500 plus applicable gross receipts.

2. All direct expenses reasonably incurred by M&A in connection with the servicesprovided to ELEA will be reimbursed. Reimbursable expenseitemsinclude the cost of copying,postage, travel and lodging, mileage, meals and business entertainment made and documentedby M&A on behalf of ELEA and the gross receipts tax due thereon. M&A shall furnish ELEA withperiodic statements for reimbursable expenses. If M&A anticipates incurring expenses inexcess of $500 in a given month it will obtain prior written approval of such expenses fromELEA.

3. M&A shall promptly disclose to ELEA any conflict of interest which exists orwhich the firm may foresee may arise between its representation of ELEA and M&A’srepresentation of otherclients.

REPLYTO:

325 Paseo de Peralta

Santa Fe, New Mexico 87501

Telephone (505) 982-3873 « Fax (505) 982-4289

Post Office Box 2307

Santa Fe, New Mexico 87504-2307

Eddy/Lea Energy Alliance

September 12, 2018

Page 2! \H 1,* | i

4. 8efore commencing performance underthis agreement, Nancy King and BrentMoore shall register as a lobbyists for ELEA pursuant to the applicable state laws, andthereafter, makeall reports required of lobbyists under those laws.

5. It is understood and agreed that M&A is acting as an independent contractor;not as an agent, partner, or employee in rendering services to ELEA.

6. This agreement may be altered or modified from time to time by writtenagreement of M&A and ELEA toreflect changing conditions.

, qs Either party may terminate this agreement by providing thirty (30) cio writtednotice of termination to the other party, in which event ELEA shall only be obligated forPaymentofthe fees provided for in paragraph 1 hereof through the month,or portion thereof,of termination, plus any unreimbursed expensesincurred under paragraph 2.

8. In the event that ELEA requests M&A to undertake responsibilities in additionathose agreedto in this letter, the parties will agree to the terms of that representation ityseparate agreement.

We look forward to our continued working relationship with you and ELEA. Pleaseacknowledge acceptance of this agreement on behalf of ELEA by signing below and returning

ba

the original to me. | 3,4

Sincerely yours,

ancy M.King 7 otiJ. Brent Moore ‘

ACCEPTED:

EDDY/LEA ENERGY ALLIANCEeo: 7Sam Cobb,Chair

Jack V¢glpato,Tre.

~s2.*

|

agenda wednesday, september 11, 2019 at 9:00 a.m. · 9/11/2019 · regen,irwin s. moise...

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