General Services Committee (Discontinued as of March 2024)

CITY OF ROSWELL GENERAL SERVICES COMMITTEE AGENDA Wednesday, October 25, 2017 at 3:30 p.m. City Hall Conference Room 425 N. Richardson Ave., Roswell, NM 88202 Committee Chair: Tabitha Denny Committee Vice Chair: Natasha Mackey Committee Members: Steve Henderson, Art Sandoval Staff Coordinator: Elizabeth Gilbert A. Call to Order B. Roll Call C. Approval of the Agenda D. Approval of Minutes 1. September 20, 2017 Meeting Minutes 1-2 E. Non-Action Items None F. Action Items 1. Boys & Girls Clubs of Sierra Blanca Lease Agreement 3-15 2. Parks and Recreation Toro 580 Mower Purchase 16-17 G. Public Participation H. Adjourn (Next Meeting: November 22, 2017) NOTICE OF POTENTIAL QUORUM – A quorum of the City Council may or may not attend, but there will not be debate by the City Council. The Council, acting as attendees to an informational presentation, will not be discussing public business and no action will be taken. Notice of this meeting has been given to the public in compliance with Sections 10-15-1 through 10-15-4 NMSA 1978 and Resolution 17-49. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact Human Resources at 575- 624-6700 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 City Clerk at 575-624-6700 if a summary or other type of accessible format is needed. Printed and posted: 10-20-17 Regular Meeting of the General Services Committee Held in the Conference Room at City Hall September 20, 2017 Notice of this meeting was given to the public in compliance with Sections 10-15- 1 through 10-15-4 NMSA 1978 and Resolution 16-69. B. ROLL CALL The meeting convened at 3:32 p.m. with Chair Denny presiding; Councilors Henderson and Mackey present. Councilor Sandoval was absent. Staff Present: Elizabeth Stark-Rankins, Juanita Jennings, Caroline Brooks and Bill Morris. Guest Present: Lisa Dunlap, Larry Connolly, Judy Stubbs and Rita Kane-Doerhoefer. C. APPROVAL OF AGENDA Councilor Mackey moved to approve the September 20, 2017 Regular General Services Committee meeting agenda as presented. Councilor Henderson was the second. A voice vote was 3-0 and the motion passed with Councilor Sandoval being absent. D. APPROVAL OF MINUTES Councilor Mackey moved to approve the General Services Committee meeting minutes for July 26, 2017. Councilor Henderson was the second. A voice vote was 3-0 and the motion passed with Councilor Sandoval being absent. E. NON-ACTION ITEMS None F. REGULAR ACTION ITEMS 1. Robert H. Goddard Planetarium Cost Recovery Guideline- Elizabeth Stark-Rankins discussed the upgrades on the Planetarium to digital projection that will re-open in mid- October. The Guideline reviews the principles and considerations that should factor into setting fees. Ms. Stark-Rankins stated the fees were lower than Alamogordo fees. Caroline Brooks discussed that the price on the renovation will be the same cost in 8 years to replace the equipment. Councilor Henderson moved to recommend to full council the Robert H. Goddard Planetarium Cost Recovery Guideline. Councilor Mackey was the second. A voice vote was 3-0 and the motion passed with Councilor Sandoval being absent. 2. Special Events and Film Policy- Elizabeth Stark-Rankins discussed the changes in the Special Events and Film Policy, such as adding and deleting items under general guidelines and definitions. Ms. Stark-Rankins explained the Special Events and Film Policy is a more manageable process for reviewing, approving, and supporting Policy. Councilor Henderson moved to recommend to full council the Special Events and Film Policy. Councilor Mackey was the second. A voice vote was 3-0 and the motion passed with Councilor Sandoval being absent. 1 G. PUBLIC PARTICIPATION Judy Stubbs and Rita Kane-Doerhoefer both discussed concerns for City service fees, such as cones and barricades cost. Larry Connolly discussed his concern on the fees for the Planetarium. H. ADJOURNED The meeting adjourned at 4:40 p.m. 2  CITY OF ROSWELL General Services Committee City Hall Conference Room 425 N. Richardson, Roswell, NM 88202 Wednesday, October 25, 2017 at 3:30 p.m. ACTION REQUESTED: Boys & Girls Clubs of Sierra Blanca Lease Agreement BACKGROUND: The current lease agreement for the facility located at 201 S. Garden expires November 30, 2017. The lease would allow the Boys & Girls Club services to continue at this current location. The Lessee will remain the Boys & Girls Club, newly incorporated with the club in Ruidoso under the name Boys & Girls Clubs of Sierra Blanca. This lease includes provisions for responsibilities of the Lessee and the City. It also provides for regular inspections and evaluations of the facility and services provided. These are important components to ensure the continuation and success of this organization. FINANCIAL CONSIDERATION: The lease amount was determined based on a comparison to the existing lease agreement with this group in Ruidoso. The facilities are very similar in size and functionality. The Lessee pays a monthly rental fee and directly pays for utility services needed. LEGAL REVIEW: The City Attorney has reviewed this lease. BOARD AND COMMITTEE ACTION: Discuss and consider approval recommendation to the City Council of the Boys & Girls Clubs of Sierra Blanca Lease Agreement. STAFF RECOMMENDATION: Approve and send to City Council the Boys & Girls Clubs of Sierra Blanca Lease Agreement as presented. 3  LEASE AGREEMENT 201 S. GARDEN AVENUE, ROSWELL, NEW MEXICO THIS LEASE AGREEMENT is entered into on this ______ day of __________, 2017 by and between the City of Roswell, a municipal corporation, (hereinafter "Lessor") and the Boys & Girls Clubs of Sierra Blanca, Inc., a New Mexico non-profit corporation, (hereinafter "Lessee"). WHEREAS, the Lessor has title to and the right to utilize, including the right to lease, the real property, together with the improvements thereon, located at 201 S. Garden Avenue, Roswell, New Mexico, as shown in attachments Exhibit A and Exhibit B (hereinafter “Premises”); WHEREAS, the Lessor wishes to provide a safe haven for youth, especially those in need, so that they may exceed in life and stay off the streets; WHEREAS, the Lessor wishes to inspire and enable local youth in our community to realize their full potential as productive, responsible, and caring citizens through collaboration with community partners; WHEREAS, the Lessor wishes to lease the Premises to provide a location for community programs and services of the Boys & Girls Club of America; and WHEREAS, the parties wish to enter into an agreement to define the rights and obligations of each of the parties. NOW THEREFORE, in consideration of the mutual covenants and obligations set forth herein, the parties hereto agree as follows: I. TERM The term of this Lease shall be for four (4) years commencing December 1, 2017 and ending November 30, 2021. This Lease shall have an option to renew for one (1) additional four (4) year term upon mutual written agreement of the parties. Lessee shall provide notice of renewal intent at least one hundred eighty (180) days prior to the expiration of the original term. II. CONDITION OF PREMISES Lessee has reviewed and inspected the Premises which is currently being utilized as the Boys & Girls Club and accepts the same in its present condition, as is, without alteration or improvement. III. LEASE AMOUNT The Lessee agrees that the lease amount for use of the Premises shall be $1,000 per month disbursed to the Lessor by the 10th calendar day of each month beginning December 1, 2017. Utility services and costs shall be paid directly by the Lessee including telephone, television, and internet. The City may adjust the fair market rent on an annual basis, beginning on the first Page 1 of 12 4 anniversary of the commencement date of this Lease and yearly thereafter, based on the annual average CPI Southwest Region - Dallas Fort Worth for the education and communication sector. All checks for lease and utilities due under this Lease shall be made payable to: City of Roswell, Accounts Receivable Department and sent to 425 N. Richardson Ave., Roswell, NM 88202. IV. DUTIES AND RESPONSIBILITIES OF LESSEE The Lessor shall grant to the Lessee the exclusive privilege and obligation to operate the Premises including the following exclusive rights, privileges, and obligations: A. PERFORMANCE UNDER THIS AGREEMENT 1. The Lessee shall provide a service to the citizens of Roswell and Chaves County as a Boys & Girls Club. 2. The Lessee shall devote full time attention and energies to the performance of these duties during the term of this Lease. 3. The Lessee and its staff shall conduct themselves professionally at all times and in all matters related to the performance of this Lease. B. OPERATION AND SERVICES 1. The Lessee shall submit a schedule of normal and seasonal operating hours for approval by the City. The City reserves the right to determine the opening and closing of the Premises due to special circumstances including, but not limited to, inclement weather conditions. 2. The Lessee shall administer programs available to members targeted towards development of youth under the guidance of the Boys & Girls Club of America. 3. The Lessee shall make programs and activities available to all users regardless of race, creed, national origin, sex, religion, or economic status in accordance with any applicable federal, state, or local law or ordinance. 4. Collect and properly manage membership fees for program participation including a scholarship program or similar as approved by the Lessee’s board. 5. The Lessee shall provide broad-based programs and activities that will help youth develop into responsible citizens; provide behavioral guidance; promote health, physical, and social education; encourage and support vocational improvement; and assist with character development. The Lessee shall seek to provide services to underrepresented or disadvantaged youth and to initiate programs that will meet the needs of Chaves County demographics. Page 2 of 12 5  6. In general, the Lessee’s broad-based programs and activities shall meet the needs and interests of youth and utilize three basic formats: a. Individual services b. Small group activities c. Drop-in and large group activities 7. The Lessee shall solicit private funding and support for activities and programming. C. PROPERTY USE AND MAINTENANCE 1. The Lessee shall be responsible for the daily cleaning and janitorial services of the Premises and shall notify the City when larger facilities maintenance items are required. 2. The parties agree that the Lessee may use the gym as part of their normal business operations. However, the Lessor may schedule sports tournaments and other events inside the gym portion of the Premises but will coordinate such activities with the Lessee through coordinated calendar of events that will be prepared by the Lessor and shall be reviewed annually or as often as needed. The Parties further agree that such sport tournaments and other events may require Lessor’s use of locker rooms and other portions of the Premises. In the event that Lessor exercises its right to schedule sports tournaments or other events, it shall notify the Lessee of such event in a reasonable amount of time prior to the event and Lessee shall provide access to the Premises for such event. Lessor shall ensure a City staff member is present during any use of the Premises and that appropriate security personnel are assigned. 3. Lessor hereby grants the Lessee the right to use the adjacent park facilities for activities which are scheduled in advanced. Use of the park facilities for scheduled activities may be restricted by Lessor. 4. Premises may be subject to use by various municipal and/or local civic or religious groups subject to a reasonable charge for cleaning, wear and tear, etc. The policy for use and associated charges are to be determined by the Lessee with approval from the Lessor with fees collected by Lessee. 5. Lessor will maintain and keep in good repair the Premises exterior façade including grounds maintenance, building structure, and facility infrastructure at its own expense. The structure of the building shall include, but not be limited to, the roof, the walls, the flooring slab, etc. The infrastructure shall include, but not be limited to, sewage lines, plumbing lines, electrical systems, etc. 6. Lessee shall replace, at its own expense, any plate glass door or window broken from the inside and any glass breakage from the outside due to Lessee’s use of the building. Page 3 of 12 6 7. Lessor shall be liable for any damage to Premises caused by fire, leakage from the roof or waste pipes, water pipes, tanks, drains, stationary wash stands or sprinklers, including damage caused by air conditioning equipment, or any damage caused by water from any source under Lessor’s control. 8. Lessee shall be liable for any and all damages that may occur to the existing roofing bond and any leakage that may result in the event of making any openings or cuts in the roofing material. Lessee agrees that it shall make no openings or cuts of any kind in the roof without the prior express written permission of the Lessor. 9. Lessee will be responsible for other routine maintenance and repairs including, but not limited to, plumbing fixtures, fire alarms and fire extinguisher inspections, HVAC system and components, kitchen equipment and hardware. 10. All capital improvement expense related to maintenance and repair will be discussed amongst the parties and coordinated for available funding. 11. It is further understood and agreed that the built-in counters, wall shelving, signs and other equipment existing at the beginning of this Lease are the property of the Lessor who shall have the right to remove them with reasonable notice to the Boys & Girls Club. 12. Lessee shall restore the Premises to their original configuration and condition in the event of any damage to the building as a result of attaching fixtures to the building or removing them and such damages shall be repaired by Lessee. Lessee shall not erect, install or use, nor permit the erection, installation or use, of any loudspeakers, phonographs, radios, pennants and banners or equipment and fixtures of like nature in or upon the exterior of the Premises without prior approval of the Lessor. 13. No aerial or antenna shall be erected on the roof or exterior wall without first obtaining permission from the Lessor. Any remodeling or construction projects must be submitted to Lessor for approval and must contain the approval of the City Manager, a licensed architect, if applicable, and/or maintenance staff of the Lessor before any remodeling of the current building. 14. All property which Lessee is privileged to remove from the leased premises shall be removed by the Lessee within seven days after the termination or expiration of this Lease. 15. Lessee agrees that it will not construct or place, or permit to be constructed or placed, signs, awnings, marquees, or other structures projecting from the exterior of the premises without Lessor’s written consent. Lessee agrees to maintain, at its own expense, all signs and have them serviced as necessary on a regular basis so as not to allow such signs to deteriorate or become unsightly. Page 4 of 12 7  16. Lessee shall not commit, or allow to be committed, any waste on the Premises or nuisance nor shall it use or allow the Premises to be used for any unlawful purpose. 17. Lessee accepts responsibility and Lessor standards for the maintenance and upkeep of the Premises. Lessee agrees to make a continuous effort to: a. Keep the assigned area clean and policed at all times b. Trees/shrubbery/grass to be kept irrigated and trimmed as necessary c. To make necessary corrections/adjustments to maintenance practices as inspections determine. 18. Lessor shall be the sole judge of the quality of maintenance, and upon written notice by Lessor to Lessee, Lessee shall be required to perform whatever maintenance is deemed necessary. If required maintenance is not undertaken by Lessee within then (10) days after receipt of written notice, Lessor shall have the right to enter upon the Premises and perform the necessary maintenance, the cost of which shall be borne by Lessee. D. PERSONNEL 1. The Lessee shall work to establish a working Board of Directors to direct and support the operations of the club. 2. The relationship of the Lessee to the City shall be that of an independent contractor. The Lessee is not and shall not be considered an employee of the City. The Lessee and its employees shall not accrue leave, retirement, insurance, or any other benefits afforded to employees of the City. Lessee’s employees, servants, agents, or representatives are not and shall not be deemed employees of the City and shall not bind the City in any respect. 3. The Lessee shall, at its sole expense, employ, train, supervise, and direct a staff of employees so as to perform the duties and meet the requirements set forth herein for services. 4. The Lessee shall be considered the employer of the staff selected by the Lessee and shall pay them wages or a salary as determined by the Lessee. Additionally, the Lessee shall handle any disciplinary issues as appropriate. 5. The Lessee shall comply with all state, federal or local laws or regulations with respect to such employment including, but not limited to, minimum wage requirements, tax withholding requirements, and social security withholding requirements. 6. The Lessee shall maintain Worker’s and Unemployment Compensation insurance coverage for any employees. Page 5 of 12 8  7. The Lessee shall defend the City and hold the City free and harmless from any claim, demand, lawsuit, or other payments arising out of the Lessee's employment of any individual. 8. The Lessee must provide a non-DOT drug and alcohol policy that includes random drug testing for its staff. 9. The Lessee must document a safety program for his staff and maintain a regular schedule of safety trainings. E. CONSULTATION AND CITY RELATIONSHIP 1. The Lessee shall cooperate with City personnel and the public patrons of the Premises and render Lessee advice, opinions, assistance, and services as required by this Lease. 2. The Lessee shall cooperate and assist the City to develop, implement, review, update, and maintain services and functions, including associated policies, desired by the City or public patrons of the Premises. 3. The Lessee shall not obligate or pledge the credit or funds of the City without written approval from the City. 4. The Lessee shall allow the City access to and copies of any and all records, data, computer information, and/or reports which the City deems necessary to review the accuracy of the information or reports provided to the City or to determine the Lessee's compliance with this Lease with no advance notice required for inspection and audit by the City. Ample time shall be given for retrieval of such records after notice has been given. 5. The Lessee shall provide such other reports which are deemed necessary by the City to determine the Lessee's compliance with this Lease. 6. The Lessee shall cooperate and assist the City with establishing active advertising and marketing programs, including developing marketing plans, for the Premises and associated activities. 7. The Lessee shall work in consultation with the City to assess, evaluate, and plan for capital improvements and other facility maintenance required at the Premises. 8. The Lessee shall provide a list of all disposable assets including, but not limited to, maintenance equipment, hand tools, commodities, etc. At the end of the term of this Lease, the City shall have the right to purchase from the Lessee all disposable assets. Compensation to the Lessee shall be mutually agreed upon at a fair market value with one quarter of the payment due within sixty (60) days of termination of this Lease and the remaining balance due within one hundred-twenty (120) days of the termination of this Lease. 9. Lessee shall strive to utilize other City properties for programs or events that may be held off-Premises pending availability. Page 6 of 12 9  V. DUTIES AND RESPONSIBILITIES OF THE CITY The duties and responsibilities of the City shall be as follows: 1. The City shall furnish the Lessee, for its use and sole occupancy, all necessary facilities, for the operation of the Premises. 2. The City may periodically inspect the premises to ensure maintenance of the Premises meets City standards. 3. The City may provide resources and/or funding for program development and implementation or capital improvements. 4. The City may provide guidance in strategic planning for the Club’s development and sustained future. VI. INSPECTION AND EVALUATION To enable the Lessor to evaluate the value of Lessee’s programs and other duties provided, Lessee shall: 1. Keep detailed records of the title, date, location, or a summary description of each program conducted or sponsored by it including participation levels, whether sponsored solely by it or in conjunction or partnership with another entity. 2. Submit an annual report to the City every October indicating the work performed by the Boys & Girls Club over the prior year. The following shall be included in this report: a. Number of youth attending the Club by month b. Briefings on the success of recent programs and events c. Information on upcoming programs or events d. Copies of broches, flyers or other materials that will demonstrate that the club is performing in accordance with the Lease e. A disclosure of financial status of the Club f. Details on how any City funding is utilized 3. Lessee shall also participate in an annual evaluation of performance by no later than May 15th of each year during the term of this Lease. The evaluation may cover, but is not limited to: a. Financial performance in comparison of prior years. b. Maintenance and cleanliness of the Premises. c. Performance expectations of programming and events. Upon a minimum of 24 hour notice to Lessee, Lessor or its agents may enter upon the Premises during Lessee’s regular business hours and have free access to all buildings located thereon for the purpose of inspecting the condition thereof or exercising any right or power reserved under the terms and provisions of this Lease. Page 7 of 12 10  VII. LIABILITY INSURANCE The Lessee shall operate as an independent contractor and shall be responsible for providing general liability insurance, at its own expense, relating to all activities conducted by the Lessee pursuant to this Lease in an amount sufficient to meet the obligations and limits of the New Mexico Tort Claims Act. Lessor shall be named as an additional insured on the policy. The certificate of coverage shall be provided to the Lessor within sixty (60) days of the commencement of this Lease. Lessee further agrees to pay all premiums for extended coverage insurance covering its personal property located on the Premises. Lessee shall keep in full force a policy of fire loss and extended coverage with respect to inventory, equipment, fixtures, and other items or personal property not less than 80% of the building replacement value within the Premises with a copy provided to the Lessor. If at any time during the term hereof any of the buildings upon the Premises are damaged or destroyed by fire or the elements or other cause, Lessor shall have the sole option to rebuild or not to rebuild the building. In the event Lessor does not rebuild, the Lease shall be updated accordingly. VIII. HOLD HARMLESS The Lessee shall hold harmless, indemnify and defend the City and its public employees as defined in the New Mexico Tort Claims Act, Sections 41-4-1 to 41-4-29, NMSA 1978, as amended, against and from any and all claims, losses, demands, judgments, damages, liabilities, lawsuits, expenses, fees of attorneys, costs, and/or actions of any kind and nature whether from death, bodily injury or damage to property resulting from or related to the Lessee’s negligence or intentional acts, errors or omissions in the Lessee’s performance under this Contract. The Lessee’s agreement to hold harmless, indemnify and defend shall not be affected nor terminated by the cancellation, expiration of the term or any renewal or any other modification of the Contract for any reason and shall survive the cancellation, expiration of the term or any renewal or any other modification of the Contract, for negligence, errors or omissions to act occurring during the term of this Contract. IX. ASSIGNMENT OF CLAIMS The Lessee shall not assign nor delegate any interest in this Lease, or transfer any interest or money due or to become due under this Lease, without the written consent of the City. X. NO AUTHORITY TO BIND CITY The Lessee agrees not to purport to bind the City to any obligation not assumed herein by the City, unless the Lessee has express written authority from the City Manager to do so, and then only within the limits of the expressed written authority. XI. CONFLICT OF INTEREST The Lessee warrants that it presently has no interest, and shall not acquire any interest during the term of this Lease, which would have the potential to conflict with the performance of the services required under this Lease. In the event such a conflict arises, Page 8 of 12 11 it shall be brought to the attention of the City and appropriate action acceptable to the City shall be taken. The Lessee’s failure to inform the City of the existence of a potential conflict of interest constitutes default and shall be grounds for immediate termination of Lease by the City. XII. TERMINATION This Lease shall terminate immediately upon the occurrence of any of the following: 1. The expiration of this Lease following completion of the Term set forth above; 2. The death of the Lessee, or; 3. The physical or mental disability or incapacity of the Lessee for an aggregate of six (6) months or more during the term of the Agreement. 4. Lessee bankruptcy, either voluntary or involuntary; 5. The City may terminate this Agreement upon thirty (30) day written notice upon the occurrence of any of the following: a. Dishonest conduct by the Lessee; b. Continued inattention or negligence of any of the duties or responsibilities of the Lessee required by this Agreement; c. Illegal or immoral act or omission by the Lessee or his staff which discredits the City or affects the Lessee's ability to effectively perform his duties and responsibilities required by this Agreement; d. Breach by Lessee of any of the terms of this Agreement or any other act causing Lessee to be in a default of any terms of this Agreement; e. Failure to provide reports or remittance to the City as required by this Agreement; f. Failure to allow access to the information to verify all remittance to the City as required by this Agreement; g. Failure to pay rent; h. A lack of appropriations by the City, or; i. Economic necessity. 6. In the event the Lessor deems the property necessary for demolition or conversion to its own use, it will notify the Lessee by giving a ninety (90) day written notice of termination of this Lease. XIII. ASSIGNMENT AND SUBLEASE Lessee shall not assign this Lease nor sublet the Premises or any portion thereof without written consent of Lessor first had and obtained. In the event of such assignment or sublease, Lessee shall not thereby be relieved of and from its obligation hereunder. Page 9 of 12 12  XIV. NOTICE Any notice required or permitted to be given by this Agreement shall be sufficient if provided in writing and sent by registered or certified mail to the following addresses: 1. Lessee: Tim Coughlin, Executive Director 201 S. Garden Avenue Roswell, NM 88203 2. Lessor: City of Roswell 425 N. Richardson Roswell, NM 88201 Either party may change the address for purposes of written notice required herein, by providing the other party notice of the change in writing. The change in address shall be effective thirty (30) days after the notice is mailed or delivered to the other party. XV. CHOICE OF LAW This Agreement shall be controlled and interpreted pursuant to the laws of the State of New Mexico. XVI. SEVERABILITY The invalidity or unenforceability of any provisions herein shall not affect the validity or enforceability of all other remaining provisions. XVII. WAIVER A parties' failure to insist upon strict or immediate compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right, duty or obligation at any time be taken to be a waiver of any breach of this Agreement. XVIII. ASSIGNMENT This Agreement shall inure to the benefit of and bind the parties hereto, and their respective legal representatives, successors, heirs and representatives and assigns. This Agreement is for the Lessee services to be rendered by the Lessee and shall not be assigned or transferred except as expressly permitted by this Agreement or pursuant to the written agreement of the City. XIX. NON-CONTRACTUAL SERVICES The Lessee is required to provide those duties and responsibilities for the purposes and to the extent stated in this Agreement. The Lessee may utilize such other portions of his time, energy and skill at his discretion so long as such other activities or conduct does not interfere, impede or impair his ability to meet the duties and obligations required by this Agreement. Page 10 of 12 13  XX. NON-APPROPRIATION The City's obligation to make payment under the terms of this Lease is contingent upon its appropriation of sufficient funds to make those payments. If the City does not appropriate funds for the continuation of this Lease, this Lease will terminate upon written notice of that effect to the Lessee. The City’s determination that sufficient funds have not been appropriated is firm, binding and not subject to review. XXI. ENTIRE AGREMENT This Agreement contains the entire agreement of the parties. The parties expressly acknowledge that all intent and terms of the parties' agreement is contained in the written provisions of this Agreement. [signatures on following page] Page 11 of 12 14 IN WITNESS WHEREOF, the parties have executed this Lease on the date written above. LESSOR: LESSEE: City of Roswell, New Mexico Boys & Girls Club of Sierra Blanca BY: BY: Joseph Neeb, City Manager Glen Cheng, Chairman BY: Jonas Proctor, Secretary DATE: DATE: CITY SEAL ATTEST: Approved as to form: Sharon Coll, City Clerk Aaron Holloman, City Attorney Page 12 of 12 15  CITY OF ROSWELL General Services Committee City Hall Conference Room 425 N. Richardson, Roswell, NM 88202 Wednesday, October 25, 2017 at 3:30 p.m. ACTION REQUESTED: Parks and Recreation Toro 580 Mower Purchase BACKGROUND: A large mower, used daily by the Parks staff to mow many of the larger properties including Cielo Grande and Enchanted Lands, has reached the end of its life. The equipment ran with us for 26 years and is beyond repair. This was not an anticipated breakdown, but does need to be replaced in order to continue our mowing operations. We have been using and renting other equipment to fill in the gaps this down time in equipment has caused, but it is only a temporary solution. The recommended purchase is through CES and meets our requirements for equipment as recommended and reviewed by the Fleet Manager. FINANCIAL CONSIDERATION: The attached quote has options for direct purchase as well as leasing the equipment. Each option will impact the budget differently. However, the recommended purchase is direct purchase as it is overall the least expensive option and will not require ongoing payments or processing. LEGAL REVIEW: Not applicable. BOARD AND COMMITTEE ACTION: Discuss and consider approval recommendation to the City Council of the Parks and Recreation Toro 580 Mower Purchase. STAFF RECOMMENDATION: Approve and send to City Council the Parks and Recreation Toro 580 Mower Purchase for direct purchase. 16 Confidential 1 Quotation October 18, 2017 Customer Information: Roswell Parks Jim Burress Quote ID # 2224577 1101 W. 4th St. Payment terms CES Payment Terms Roswell , NM 88202 Delivery 45-90 days Phone 575-624-6720 Quote Expire Date 30 days jburress@roswell-nm.gov Lease rate estimate Special Note/Contract CES Contract #16-007N-C101-ALL Simpson Norton does not accept credit cards for equipment purchases. Qty Model Number Description Unit Price Extension GM5910 Tier 4 Compliant, All Season Safety Cab Standard, Road Lights 1 31699 Optional $102,996.44 $102,996.44 Cab-Light Kit (GM5910/GM4010/4110) Road Lights are no longer std on 1 30706 F15 and newer models $429.32 $429.32 10 93-5973 10IN FOAM FILLED WHEEL ASM $152.47 $1,524.70 1 DC Delivery Charge $1,049.51 $1,049.51 TOTALS Equipment Total $105,999.97 Leasing Options; Wellsfargo Equipment Finance 60 Month FMV (600 Annual Hours) – $1,746.02 = $104,761.20 60 Month Lease Purchase/Dollar Out – $1,980.39 = $118,823.40 Estimated Sales/Use Tax Not Included 72 Month Lease Purchase/Dollar Out – $1,697.66 = $122,231.52 Total $105,999.97 *No applicable taxes are included and terms or conditions may apply, including credit review and applicable documentation. Finance pricing is valid for 30 days. A documentation fee of $125.00 will be added to the initial payment, along with any applicable state UCC filing fee.* Robb Jones Simpson Norton Corporation Territory Manager 4144 South Bullard Avenue 505-269-4938 Goodyear, AZ 85338 Robb.Jones@simpsonnorton.com www.simpsonnorton.com 17