Legal Committee

AGENDA LEGAL COMMITTEE MEETING Thursday, December 28, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on November 27, 2017. (page 3) REGULAR ITEMS 1. To recommend to full Council that the following RIAC agreements to existing leases be placed on the Consent agenda for approval: (page 6) (A) ENMU-R - Consider approval to authorize Eastern New Mexico University – Roswell, to renew their current lease agreement on use of an area of land at the old Airport. (page 9) (B) Hitchcock, et al. - Consider approval to authorize Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Larry Marker, as individuals, to execute the first of two (2) one year options to renew their current lease agreement on portions of Hangar No. 91, Spaces A and B. (page 11) (C) Maynes - Consider approval to authorize Karen Maynes, an individual, to renew her current lease agreement on “T” Hangar Building No 120, Space 5. (page 13) 2. RFP 18-011 - Scope of Services for Advertising - Discuss and provide direction regarding the scope of Draft Scope of Services in the Request for Proposals seeking proposals for the advertising and marketing services for the City. (page 15) 3. Res. 18-03 “Right to Work” - Consider recommending to full council adoption of Resolution 18- 03 which supports right-to-work legislation in New Mexico. (page 18) (continued on next page) --1-- NON ACTION ITEMS PUBLIC PARTICIPATION ADJOURN 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. 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. 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: Thursday, December 21, 2017 --2-- Regular Meeting of the Legal Committee Held in the Conference Room at City Hall November 27, 2017 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-51-4 NMSA and Resolution 17-49. ROLL CALL The meeting convened at 4:01 p.m. with Chairman Perry presiding; Councilors Foster, Oropesa and Best being present. Staff present: Tara Tave, Kevin Dillon, Joe Neeb, Bill Morris, Monica Garcia, Juanita Jennings and Aaron Holloman. Guests present: Larry Connolly, Amanda King, John Mulcahy, Jon Hitchcock, Kyle Armstrong, Bud Kunkel, Alison Penn and Dennis Kintigh. APPROVAL OF AGENDA Councilor Foster moved to approve the November 27, 2017 Legal Committee meeting agenda. Councilor Best was the second. A voice vote was unanimous and the motion passed. APPROVAL OF MINUTES Councilor Foster moved to approve the minutes from the October 26, 2017 Legal Committee meeting. Councilor Best was the second. A voice vote was unanimous and the motion passed. REGULAR ITEMS To recommend to full City Council that the following RIAC agreements to existing/new leases be placed on the consent agenda for approval: A. Clean Up Enterprise, Inc. – Consider approval to authorize Clean Up Enterprises, Inc., a New Mexico Sole Proprietor, to renew their current lease agreement on Building No. 67. Mr. Holloman discussed the lease agreement. Clean Up Enterprises, Inc., leases the 978 square foot building for the purpose of carpet cleaning, janitorial business and storage. New monthly rent amount is $112; $1,344 annually. Clean Up Enterprises Inc., has been a customer since December 2013. The term of the lease is January 1, 2018 through December 31, 2018. Councilor Foster moved to send on consent agenda approval to authorize Clean Up Enterprises, Inc. to renew their current lease agreement on Building No. 67 subject to all terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. B. NuMex Plastics, Inc. – Consider approval to authorize NuMex Plastics, Inc., a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112B. Mr. Holloman discussed the lease agreement. NuMex Plastics, Inc. leases the 21,960 square foot building for the purpose of storage. New monthly rent amount is $1,995; $23,940 annually. NuMex Plastics, Inc. has been a customer since December 2000. The term of the lease is January 1, 2018 through December 31, 2018. Councilor Foster moved to send on consent agenda approval to authorize NuMex Plastics, Inc., to renew their current lease agreement on a portion of Building No. 112B subject to all terms and conditions of the lease. Councilor Best was the second. A voice vote was unanimous and the motion passed. --3-- RIAC Lease Policy – Mr. Holloman discussed the policy which establishes consistent standards and practices for all licensing and leasing operations at the Roswell International Air Center. Councilor Foster moved to send to full City Council the RIAC Lease Policy. Councilor Best was the second. A voice vote was unanimous and the motion passed. RFP Scope: Roswell Convention and Civic Center – Mr. Holloman discussed the RFP scope stating that staff is asking for review of the draft RFP relating to proposals for the management, sales and operations of the Roswell Convention and Civic Center. Ms. Jennings explained the timeframe of the RFP. After discussion the Legal Committee had no changes to the scope. The RFP Scope: Roswell Convention and Civic Center died for lack of motion. Resolution 17-65 – Amending the Governing Body Rules of Order. Mr. Holloman discussed the Governing Body Rules of Order amendments. The proposed amendments would make changes to the return of items that had previously been considered by the governing body and it would add a provision for the procedure for election of Mayor Pro Tem. Councilor Foster moved to send to the December 5, 2017 Special City Council meeting agenda Resolution 17-65 – amending the Governing Body Rules of Order. Councilor Best was the second. A voice vote was 3-1 and the motion passed with Councilor Oropesa voting no. Resolution 17-68 – Approving a plan to develop an airport authority over RIAC. Mr. Holloman introduced the resolution. City Council created the RIAC Task Force via Resolution 17-31 to develop recommendations for the development of the RIAC. The task force has come to the conclusion that the next step would be the creation of an independent airport authority through special grant through the state legislature. This resolution indicates City Council’s support of the measure. Mr. Hitchcock, representing the RIAC Task Force, explained the plan to form the airport authority. Mr. Armstrong discussed what the process will be with the state legislature. Councilor Foster moved to send to full City Council Resolution 17-68 – approving a plan to develop an airport authority over RIAC. Councilor Best was the second. A voice vote was unanimous and the motion passed. Resolution 17-67 – Approving the amended Pecos Valley Regional Communications Center JPA. Mr. Holloman discussed the agreement. The City and Chaves County first executed a Joint Powers Agreement in 2005 to provide for a single dispatch and communication center for the area. This amendment updates the agreement to better reflect current operational needs and divisions of responsibility between the two entities. Councilor Foster moved to send to full City Council Resolution 17-67 – approving the amended Pecos Valley Regional Communications Center JPA. Councilor Best was the second. A voice vote was unanimous and the motion passed. New Mexico Game and Fish Regional Office Agreement – Mr. Holloman introduced the agreement. The Department of Game and Fish has requested to lease approximately 16 acres of the Old Municipal Airport in order to construct a new regional field office complex. The agreement includes provisions that grant the City approval over external building and site designs. Mr. Morris discussed the structure, fencing and improvements that the New Mexico Game and Fish have planned for the location. Councilor Foster moved to send to full City Council the New Mexico Game and Fish Regional Office Agreement. Councilor Best was the second. A voice vote was unanimous and the motion passed. Dean Baldwin Agreement – Mr. Holloman discussed the agreement. Dean Baldwin leases facilities at the RIAC for its aircraft painting operations. The parties have an opportunity through a grant from the New Mexico Economic Development Department to make improvements to the facilities. This grant would help Dean Baldwin to create more jobs by allowing an increase in business activity with the improvements to the facilities. Councilor Foster moved to send to the December 5, 2017 Special City --4-- Council meeting agenda the Dean Baldwin Agreement. Councilor Best was the second. A voice vote was unanimous and the motion passed. NON ACTION ITEMS Deputy City Attorney – Mr. Holloman updated the committee stating that no one has been hired for the position. In the interim, the City has hired an individual to act as a municipal prosecutor. PUBLIC PARTICIPATION Larry Connolly shared the improvements that Saint Paul Minneapolis has made after implementing a metropolitan airport commission. Mayor Kintigh asked that City Council attend the Special City Council meeting on December 5, 2017. ADJOURN The meeting adjourned at 5:09 p.m. --5--  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, December 28, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 ACTION REQUESTED: (A) Consider approval to authorize Eastern New Mexico University – Roswell, to renew their current lease agreement on use of an area of land at the old Airport. (B) Consider approval to authorize Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Larry Marker, as individuals, to execute the first of two (2) one year options to renew their current lease agreement on portions of Hangar No. 91, Spaces A and B. (C) Consider approval to authorize Karen Maynes, an individual, to renew her current lease agreement on “T” Hangar Building No 120, Space 5 BACKGROUND: (A) Eastern New Mexico University – Roswell, leases part of old runway 17/35 at the old Roswell Municipal Airport for the purpose of CDL training. New rent amount is $126 monthly; $1,512 annually. Rent adjustment is 3.28%. Eastern New Mexico University – Roswell has been a customer since February 2012. (B) Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Larry Marker, leases Hangar No. 91, Space A and B for the purpose of aircraft storage and maintenance. 4,589 and 4,623 square feet respectively. New rent amount for Space A is $799 monthly; $9,588 annually and for Space B is $805 monthly; $9,660 annually respectively. Rent adjustment for Space A is 2.17% and for Space B is 2.16% respectively. Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Larry Marker have been customers since January 2000. --6--  (C) Karen Maynes leases “T” Hangar Building No. 120, Space 5 for the purpose of aircraft storage and maintenance. 1002 square feet. New rent amount $178; $ 2,136 annually. Rent adjustment is 1.71%. Karen Maynes has been a customer since November 2008. FINANCIAL CONSIDERATION: (A) Eastern New Mexico University – Roswell, leases part of old runway 17/35 at the old Roswell Municipal Airport for the purpose of CDL training. New rent amount is $126 monthly; $1,512 annually. Rent adjustment is 3.28%. Term: February 1, 2018 through January 31, 2019. (B) Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Larry Marker, leases Hangar No. 91, Space A and B for the purpose of aircraft storage and maintenance. 4,589 and 4,623 square feet respectively. New rent amount for Space A is $799 monthly; $9,588 annually and for Space B is $805 monthly; $9,660 annually respectively. Rent adjustment for Space A is 2.17% and for Space B is 2.16% respectively. Term: February 1, 2018 through January 31, 2019. (C) Karen Maynes leases “T” Hangar Building No. 120, Space 5 for the purpose of aircraft storage and maintenance. 1002 square feet. New rent amount $178; $2,136 annually. Rent adjustment is 1.71%. Term: February 1, 2018 through January 31, 2019. LEGAL REVIEW: The City Attorney has reviewed the leases and addendum. BOARD and/or The Legal Committee is scheduled to meet on Thursday, COMMITTEE ACTION: December 28, 2017. STAFF (A) Consider approval of a one year lease with Eastern New RECOMMENDATION: Mexico University - Roswell of property approximating Runway 17/35 at the RIAC, for $1,512.00 payable in 12 monthly installments of $126.00, to be placed on the consent agenda subject to all other terms and conditions of the lease. (B) Consider approval of an addendum to the lease agreement with Jon Hitchcock, Robert Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Larry Mark to amend their current lease agreement by --7--  extending the term to end in January 31, 2019 subject to all other terms and conditions of the lease. (C) Consider approval of a one year lease with Karen Maynes of “T” Hangar Bldg 120 Space 5 consisting of 1,002 square feet at the RIAC, for $2,136.00 payable in 12 monthly installments of $178.00, to be placed on the consent agenda subject to all other terms and conditions of the lease. --8-- THIS LEASE executed in Roswell, New Mexico on this 11th day of January, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and EASTERN NEW MEXICO UNIVERSITY - ROSWELL, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Use of an area of land at the old airport sufficient to conduct Commercial Driver License (CDL) training approximating runway 17/35 in orientation located at the old Roswell Municipal Airport identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on February 1, 2018 and ending January 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of One Thousand Five Hundred Twelve Dollars and No Cents ($1,512.00), payable in 12 monthly installments of $126.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. None. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to Landlord in as good repair and condition, broom clean, as when received, except for loss resulting from ordinary use and wear. 6. MAINTENANCE. a. Tenant shall maintain the Premises in a safe and clean condition, in good order and repair. Tenant further agrees, at its sole cost and expense, to maintain the Premises, including improvements, in a clean and policed condition at all times. b. Tenant shall make necessary corrections and/or adjustments to maintenance practices as inspections reasonably determine. Landlord shall be the sole and reasonable judge of the quality of maintenance --9-- EXHIBIT “A” Premises: abandoned north/south runway at the old municipal airport. Old Municipal Airport EXHIBIT “A” --10--  THE CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter called “Landlord” and, JON E. HITCHCOCK, ROBERT B. CORN, JAMES PATTERSON, SIAVASH KARIMIAN, BRANDON ARNOLD, JOHN BERRY, and LARRY MARKER, individuals, hereinafter designated as “Tenant” hereby agree to the following amendment to that certain Lease Agreement dated January 17, 2017 (Lease). Effective with Council approval January 11, 2018: Paragraph 2. TERM, of the Lease is deleted and replaced as follows: 2. TERM. The Lease term is for one year, with one (1) option to lease for an additional one year, commencing on February 1, 2018 and ending January 31, 2019 unless sooner terminated by provision hereof. Paragraph 3. RENT, of the Lease is deleted and replaced as follows: 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Nine Thousand, Five Hundred Eighty Eight Dollars and No Cents ($9,588.00), payable in 12 monthly installments of $799.00 for space 91A. Tenant agrees to pay to Landlord as rent the sum of Nine Thousand, Six Hundred Sixty Dollars and No Cents ($9,660.00), payable in 12 monthly installments of $805.00 for space 91B. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. Except as amended herein, the Lease shall continue without change, and remain in full force and effect as originally executed, except as modified above. [Remainder of Page Intentionally Left Blank; Signature Page Follows] --11--  IN WITNESS WHEREOF, this SECOND Addendum to Lease Agreement is done and executed in Roswell, New Mexico this day of January 2018. LANDLORD: CITY SEAL CITY OF ROSWELL, NEW MEXICO _______________________ Dennis J. Kintigh, Mayor ______________________ Sharon Coll, City Clerk TENANT: JON E. HITCHCOCK, ROBERT B. CORN, JAMES PATTERSON, SIAVASH KARIMIAN, BRANDON ARNOLD, JOHN BERRY and LARRY MARKER ______________________ ______________________ Jon E. Hitchcock Robert B. Corn ______________________ ______________________ James Patterson Siavash Karimian ______________________ ______________________ Brandon Arnold John Berry ______________________ Larry Marker --12-- THIS LEASE executed in Roswell, New Mexico on this 11th day of January, 2018 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and KAREN MAYNES, an individual, hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: “T” Hangar Building 120 Space 5 consisting of 1,002 square feet, more or less, located at the Roswell International Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (Premises). 2. TERM. The Lease term is for one (1) year, commencing on February 1, 2018 and ending January 31, 2019 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, One Hundred Thirty Six Dollars and No Cents ($2,136.00), payable in 12 monthly installments of $178.00. Rent and other fees are due on the first day of each month. If Tenant fails to pay all rent and other fees due for any month by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. Tenant has paid $175.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to Landlord in as good repair and condition, broom clean, as when received, except for loss resulting from ordinary use and wear. --13-- EXHIBIT “A” EXHIBIT “A” --14--  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, December 28, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 ACTION REQUESTED: Discuss and provide direction regarding the scope of Draft Scope of Services in the Request for Proposals seeking proposals for the advertising and marketing services for the City. BACKGROUND: The City of Roswell is seeking proposals for the Advertising & Marketing Agency RFP as the current contract will reach the term limit for any given contract under the state statue on 3/31/17. The RFP seeks proposals for an advertising agency to provide services in assisting the City with developing and executing marketing strategies to promote the City. FINANCIAL CONSIDERATION: Dependent on results of proposals. LEGAL REVIEW: Not applicable. BOARD and/or COMMITTEE ACTION: The Legal Committee is scheduled to meet on Thursday, December 28, 2017. STAFF RECOMMENDATION: Discuss and provide direction regarding the scope of Draft Scope of Services in the Request for Proposals seeking proposals for the advertising and marketing services for the City. --15--  City of Roswell, NM Scope of Work Advertising & Marketing Agency RFP 18-011 Overview: The goal of the Advertising and Marketing Agency RFP is to seek and/or retain a qualified advertising agency to develop the City of Roswell brand, including integration into the community, promote tourism, city assets, conventions, recreational, cultural, hospitality, lodging and other visitor services, facilities and attractions through well-placed media and publicity. For each of the following project areas, the Proposer should prove capability; describing strategies to be used and quality controls. Sufficient detail must be given and must include examples of past projects, ability to meet deadlines, and managerial experience. The Proposer should demonstrate knowledge and understanding of brand in a global marketplace, and the shifting dynamics of how consumers receive and use information today. The result of these efforts will benefit the City of Roswell tourism economy, including the City of Roswell hotels, Roswell International Airport, Pecos Transit Trails, Mainstreet downtown, museums, cultural organizations, restaurants and retail. Develop, execute and track results for the City of Roswell’s brand advertising program. The City recognizes that there are many different approaches to providing these services, and welcomes different and various methods of promoting the City. Proposer should prove the agency’s capability; describing strategies to be used and quality controls. The scope of work should demonstrate knowledge and understanding of branding and the shifting dynamics of how consumers receive and use information today. Scope of Work Plan: Strategic Partnership: Work in collaboration with the Public Affairs department to determine effectiveness of ad concepts based on engagement and experiences, integrated, brand attributed to service, quality and innovation that will support the City of Roswell’s economic development, tourism and brand identity. Support the City of Roswell and aid in grant applications, events and co-operative programs. Executing and tracking results while exemplifying financial integrity of the City of Roswell funds. Marketing, Promotional and Advertising Planning: Develop recommendations for a Marketing and Advertising Plan that supports the strategies set forth by the City of Roswell’s Public Affairs department. Includes strategic direction, creative strategy, brand development and stewardship, media plan and cooperative plan. --16-- Media Planning, Buying & Placement: Buy and execute the media plan presented in the Marketing and Advertising Plan and approved by the Public Affairs department. Execution includes placement, optimization, cancellations and auditing. The Public Affairs director will sign all advertisement agreements/insertion orders, handle billing and payment. Concept Development/Production: Concept creative materials/campaign elements (print, online, digital, etc.) as described in the Marketing and Advertising Plan. Once approved, produce and bring to final form the approved advertising materials to run on behalf of the City of Roswell. Research and Analytics: Provide an overview of Campaign successes and opportunities. Reports and trends in the market place and competitors. Provide analytical tools or services that will be useful to information to plan and report back to the City of Roswell. --17--  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, December 28, 2017 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 ACTION REQUESTED: Consider recommending to full council adoption of Resolution 18-03 which supports right-to-work legislation in New Mexico. BACKGROUND: States that have passed “right-to-work” legislation operate to prohibit types of union security agreements so that employees may not be compelled to join a union or pay dues but may still be entitled to the same benefits provided union members. New Mexico currently does not have such a statute. FINANCIAL CONSIDERATION: Not applicable. LEGAL REVIEW: The City Attorney has reviewed the Resolution BOARD and/or COMMITTEE ACTION: The Legal Committee is scheduled to meet on Thursday, December 28, 2017. STAFF RECOMMENDATION: Consider recommending to full council adoption of Resolution 18-03 which supports right-to-work legislation in New Mexico. --18--  RESOLUTION 18-03 A RESOLUTION IN SUPPORT OF THE PASSAGE OF RIGHT TO WORK LEGISLATION IN NEW MEXICO WHEREAS, individual liberty and freedom have long been a foundational principle of this country, state and community; and WHEREAS, conditions that impinge upon a citizen’s free exercise of the right to contract for employment should be carefully considered by government in order that no burden should be imposed that does not give rise to a greater good; and WHEREAS, legislation protecting a citizen’s right to work would apply to public and private sector employees, allowing them the freedom to support at any level, or decline support of or participation in a labor organization of any type without fear of employment termination or other discrimination; and WHEREAS, such legislation would make New Mexico’s business climate more competitive; and WHEREAS, according to the Bureau of Economic Analysis, right-to-work states benefitted from a 43 percent gain in total employment between 1991 and 2011, compared to states without the protection, which gained just 19 percent over the same period of time; WHEREAS, right to work legislation could foster both individual liberty and economic growth within New Mexico and the City of Roswell; NOW, THEREFORE, BE IT RESOLVED that the City Council as the governing body of the City of Roswell, New Mexico that the Council supports the right to work principle and urges the New Mexico Legislature to enact an appropriate right to work statute in the interest of promoting individual liberty and economic growth in New Mexico. PASSED, ADOPTED, SIGNED and APPROVED the ___ day of January, 2018. CITY SEAL _____________________________ Dennis Kintigh, Mayor ATTEST:______________________ Sharon Coll, City Clerk --19--