MOU No. 2014-0028A-HHSD/GG 

MEMORANDUM OF UNDERSTANDING 

BET\VEEN SANTA FE COUNTY AND 

THE PUEBLO OF TESUQUE 

THIS MEMORANDUM OF UNDERSTANDING (hereinafter "Agreement") is 

entered on this g 4 h day of r,,, ife/, 2014, by and between Santa Fe County (hereinafter 

referred to as "County"), a New Md.ico political subdivision, and the Pueblo ofTesuque 

Mexico, (hereinafter referred to as "the Pueblo ofTesuque"), 

RECITALS 

WHEREAS, on July 16, 2013 the County and the Pueblo ofTesuque entered into a 

Memorandum of Agreement to file a joint application to the New Mexico Department of 

Transportation, Traffic Safety Bureau for funding of a comprehensive Community Drinking 

While Intoxicated (CDWI); 

WHEREAS, the County submitted an application (No. 2014-0028-HHSD) for CDWI 

Grant Funds for DWI enforcement activities to benefit Santa Fe County and the Pueblo of 

Tesuque; 

WHEREAS, the County's DWI Program received funding from the NMDOT, Public 

Safety Division in the amount of $34,417.00 and entered into Project Agreement No. 2014-0053-

HHSD/GG on August 1, 2013 for DWI enforcement activities to address the issue ofDWI in 

Santa Fe County and the Pueblo ofTesuque; 

WHEREAS, the County's DWI Program dedicated $10,000.00 ofthe CDWI Grant 

Funds to pay overtime hours for the Tesuque Tribal Police Department to conduct law 

enforcement activities to include six (6) DWI check points and six (6) DWI saturation patrols 

and attend related DWI court hearings for offenders during fiscal year 2014; 

WHEREAS, the County's DWI Program would like to enter into a Memorandum of 

Understanding with the Pueblo ofTesuque to provide for the duties ofthe County and the Pueblo 

ofTesuque with respect to the Pueblo ofTesuque's efforts to conduct anti DWI law enforcement 

activities. 

NO\V, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES 

as follows: 

l. DUTIES OF THE PARTIES 

a. The County shall: 

1) Serve as fiscal agent for the funds identified in this MOU and maintain all 

financial records pertaining to the Program and expenditure offunds. 

2) Transfer and make available to the Pueblo ofTesuque $10,000.00 for 

expenditure in FY 2014 to increase law enforcement operations to conduct six 
MOU No. 2014-0028A-HHSD/GG 

(6) check points and six (6) saturation patrols and attend related DWI court 

hearings for offenders, during fiscal year 2014. 

3) Reimburse the Pueblo ofTesuque for costs and expenses associated with law 

enforcement activities upon receipt ofinvoice or statement from the Pueblo of 

Tesuque. Reimbursement by the County shall be made within thirty (30) days 

following receipt from the Pueblo ofTesuque of a statement or invoice 

requesting reimbursement for costs incurred by the Pueblo ofTesuque. 

4) Oversee all DWI activities pertaining to this Agreement to ensure the Pueblo 

ofTesuque is conducting such activities in a manner consistent with NMDOT 

Traffic Safety Division's CDWI Manual. 

b. The Pueblo of Tesuque shall: 

1) Conduct six (6) DWI check points during fiscal year 2014 within the Pueblo 

ofTesuque. 

2) Conduct six (6) saturation patrols during fiscal year 2014 within the Pueblo of 

Tesuque. 

3) Attend court hearings for DWI offenders and testify as necessary for cases 

resulting from the anti DWI law enforcement activities described above. 

2. COMPENSATION 

Reimbursement to the Pueblo ofTesuque for costs including payment for overtime 

expenses incurred for DWI enforcement activities shall not exceed Ten Thousand 

($10,000.00) dollars, exclusive ofNM gross receipt taxes for FY 2014. 

3. TERM 

This Agreement shall effective when signed by both authorized signatories ofthe Pueblo 

ofTesuque and County. The Term ofthis MOU is the date ofsignatories ofthe parties to 

June 30, 2014, unless earlier terminated pursuant to paragraph 4 below. 

4. TERMINATION 

This Agreement may be terminated by either party upon delivery of a written notice to 

the other party at least thirty (30) days prior to the intended date of termination. By such 

termination, neither party may nullify or avoid any obligations incurred prior to 

termination. The County may not by such termination avoid its obligation to reimburse 

the Pueblo ofTesuque for unavoidable and appropriate costs to which the Pueblo of 

Tesuque was obligated prior to termination by the County. The Pueblo ofTesuque will 

request reimbursement for such unavoidable and appropriate costs in accordance with 

Paragraph 1.a.3. 

5. LIABILITY 

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MOU No. 2014-0028A-HHSD/GG 

Neither party shall be responsible for liability incurred as a result ofthe other party's acts 

or omissions in connection with this MOU. 

6. AMENDMENT 

This Agreement shall not be altered, changed or amended except by an instrument in 

writing executed by the parties hereto. 

7. APPROPRIATIONS 

The terms ofthis Agreement are contingent upon sufficient appropriations and 

authorization being made by the Legislature of the State of New Mexico and the 

governing bodies ofthe Pueblo ofTesuque and County for the performance of this 

Agreement. If sufficient appropriations and authorization are not made, this Agreement 

shall terminate upon written notice being given from one party to the other. Any party's 

decision as to whether sufficient appropriations are available shall be accepted by the 

other party and shall be final. 

8. GOVERNING LAW 

This Agreement shall be governed by, and construed in accordance with, the laws of New 

Mexico. 

9. ACCOUNTABLITY 

During the term ofthis Agreement and for a period of three (3) years thereafter, each oJ 

the parties will maintain accurate and complete records of all disbursements made and 

monies received by each under this Agreement; and, upon receipt of reasonable written 

request, each shall make such records available to the other party and to the public, 

including any federal, state or local authority during regular business hours. 

10. NO THIRD PARTY BENEFICIARIES 

Nothing in this MOU, express or implied, is intended to confer any rights, remedies, 

claims or interests upon a person not a party to this MOU. 

11. ENTIRE AGREEMENT 

This MOU represents the entire understanding between the Pueblo ofTesuque and 

County and supersedes any prior agreements or understandings with respect to the subject 

of this MOU. No changes, amendments or alterations to this MOU will be effective until 

in writing and signed by the parties. 

3 
Miller, Manager 

MOU No. 2014-0028A-HHSD/GG 

IN WITNESS WHEREOF the parties have duly executed this Agreement as ofthe dates 

written below. 

SANTA FE COUNTY: 

Katherin 

Santa Fe County 

APPROVED AS TO FORM 

~,{Scd 

Stephen C. Ross, County Attorney 7 Date 

FINANCE DEPARTMENT 

·du11M~ (}t t ~ ~vt1/4J!f 

Teresa C. Martinez, Finance Director> Date 

PUEBLO OF TESUQUE: 

Robert A. Mora Senior, Governor Date ' 

ATTEST 

Name and Title Date 

Approved 

Date 

Date 

4 

1 1

Approved as to Form: