Legal Committee

LEGAL COMMITTEE MEETING AGENDA Tuesday, April 02, 2019 4:00 pm City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Barry Foster, Ward 5 Members: George Peterson, Ward 4 Savino Sanchez, Ward 4 Staff Liason: Aaron Holloman CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on February 28, 2019. (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 8) (A) Consider recommending approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734. (page 10) (B) Consider recommending approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No. 120, Space 4. (page 12) (C) Consider recommending approval to authorize Daniels Welding Service, LLC, a New Mexico Limited Liability Corporation, a new lease agreement on Building No. 81. (page 14) 2. Scope of Service RFP 19-005: Spring River Zoo Seasonal Events Management – Consider recommending approval of scope of service for RFP 19-005 Spring River Zoo Seasonal Events Management. (page 16) 3. Fleet Services Agreement - Consider recommending approval of the Fleet Services Agreement with First Vehicle Services, Inc. (page 23) CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS 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 18-55. 04/02/2019 Legal Committee --1-- City of Roswell, New Mexico 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, March 28, 2019 04/02/2019 Legal Committee --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Conference Room at City Hall February 28, 2019 Notice of this meeting was given to the public in compliance with Section 10-15- 1 through 10-15-4 NMSA and Resolution 18-55. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding, Councilors Peterson, Foster, and Sanchez present. Staff present: Mark Bleth, Bill Morris, Juanita Jennings, Scott Stark, Parker Patterson, Joe Neeb, Mike Matthews, Aaron Holloman. Guests present: Mayor Kintigh, Alison Penn, Tim Coughlin, Councilor Juan Oropesa, Councilor Steve Henderson, Larry Connolly, Juli Adcock, Orie Adcock, Bud Kunkel, Mathew Martinez, John Mulcahy, Marcos Nava, Alice Palma- Armendaviz, Alex Ross, Manuela Ramirez, Veronica Arias, Oswaldo Nava, Kelly Smith, and John Hitchcock. APPROVAL OF AGENDA Councilor Foster moved to approve the February 28, 2019, Legal Committee meeting agenda with the following changes: • moving item 3 to 1(A) • moving Item 8 to 1(B) • remove item 4 and 12 from the agenda • Add addendum item E under regular item 1 Councilor Peterson was the second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES Councilor Foster moved to approve the January 31, 2019 Legal Committee minutes Councilor Peterson was the second. A voice vote was 4-0, and the motion passed. REGULAR ITEMS 1. A. Resolution 19-XX- Councilor Foster stated several bills are currently being considered by the Legislature that would restrict or otherwise impose new regulations on the ownership and sale of firearms in the State. The proposed Resolution would declare the City of Roswell a “Second Amendment Sanctuary City,” supporting the Chief of Police in exercising his discretion to not enforce any unconstitutional firearms law against any citizen, and to further not appropriate or expend any funds of the City on enforcement of unconstitutional firearms laws. 04/02/2019 Legal Committee --3-- City of Roswell, New Mexico  Chaves County Commission passed a similar resolution at its February 21, 2019 meeting. Councilor Foster moved to send to full City Council Resolution 19-xx as proposed. Councilor Sanchez was second. A voice vote was 3-1, and the motion passed with Councilor Peterson voting no. B. Friends of Spring River Park & Zoo MOU- Ms. Jennings stated the Friends of Spring River Zoo is a non-profit group established to partner with and support the ongoing efforts and growth at the Spring River Park & Zoo. Their mission is to raise money through membership drives and fundraisers. Ms. Jennings discussed the Friends of Spring River Park & Zoo is currently working on the fundraiser for the Master Plan. The money collected will appropriated to exhibits, enclosures, and enrichment for the animals. Support is offered to enhance education and environmental programs for the public. No motion was made no vote was taken. RIAC agreements- A. Hitchcock et al- Mr. Stark stated Hitchcock et al leases the building for the purpose of aircraft storage and maintenance. Building space is 4,589 square feet and 4,623 square feet. New monthly rent is Space A is $819; $9,828 annually. New monthly rent amount for Space B is $825; $9,900 annually. Rent adjustment is 2.5% and 2.5% Jon E. Hitchcock, Robert B. Corn, James Patterson, Siavash Karimian, Brandon Arnold, John Berry, and Cliff Waide have been customers since January 2000. Term: April 1, 2019 through March 31, 2020. Councilor Foster moved to send to full City Council on the consent agenda recommendation Hitchcock et al, lease agreement on portions of Hangar No. 91, Spaces A and B. Councilor Peterson was the second. A voice vote was 4-0, and the motion passed. B. Air Methods, Inc.- Mr. Stark stated Air Methods, Inc leases the land for the purpose of housing medevac operations. 1 acre of land. New monthly rent amount is $290; $3,480 annually. Rent adjustment is 2.5%. Air Methods, Inc. have been a customer since January 2014. Term: April 1, 2019 through March 31, 2024. Councilor Sanchez moved to send to full Council on consent agenda recommending approval for Air Methods, Inc to renew their current lease agreement on an area of land. Councilor Foster was the second. A voice vote was 4-0, and the motion passed. C. Thurston Woods- Mr. Stark stated Thurston Woods leases the building for the purpose of storage of personal items. 1,798 square feet. New monthly rent amount is $182; $2,184 annually. Rent adjustment is 2.82%. Thurston Woods has been a customer since April 2010. Term: April 1, 2019 through March 31, 2020. Councilor Sanchez moved to send to full Council on consent agenda recommending approval for Thurston Woods to renew his current lease agreement on Building No. 1776. Councilor Peterson was the second. A voice vote was 4-0, and the motion passed. D. Canright & Putnam- Mr. Stark stated Canright & Putnam leases the building for the purpose of aircraft storage and maintenance. 1,002 square feet. New monthly rent amount is $185; $2,220 annually. Rent adjustment is 1.65%. Thurston Woods has 04/02/2019 Legal Committee --4-- City of Roswell, New Mexico  been a customer since April 2010. Term: April 1, 2019 through March 31, 2020. Councilor Sanchez moved to send to full Council on consent agenda recommending approval for to renew their current lease agreement on “T” Hangar Building No. 120, Space 3. Councilor Foster was the second. A voice vote was 4-0, and the motion passed. E. Pecos Flavors LLC RIAC Restaurant Lease- Mr. Stark stated that the new lease agreement is for purpose of operating a restaurant and bar. The State of New Mexico is requiring a start and stop date of the lease for issuance of the government liquor license, currently the lease start was based on a certificate of occupancy. Term: April 1, 2019.Councilor Foster moved to send to full Council on consent agenda recommending approval for their new lease agreement on a portion of Building No. 1, the coffee shop. Councilor Peterson was the second. A voice vote was 3-1, and the motion passed with Councilor Sanchez voting no. 1. Scope of Service RFP 19-004- Mr. Stark stated the RFP is intended to seek a qualified air service consultant to provide support for the Roswell International Air Center (ROW) for a contracted period of one-year, with optional second year based on performance. Councilor Foster moved to recommend and send to full Council the RFP-19-004 on the consent agenda with the following correction • In the RFP strike through the word Promoting and Marketing and replace with Development. • Part two of the scope strike through statement of work replace with Scope of Services. Councilor Sanchez was the second. A voice vote was 4-0, and the motion passed. For the record Councilor Sanchez left at 5:41 pm. 2. Resolution 19-XX- Councilor Stubbs discussed under current New Mexico law, capital outlay grants are sponsored by legislators for worthy capital projects in their home districts. Proposed legislation currently before the Legislature would change the capital outlay process, including by generally centralizing capital outlay decisions with newly created administrative bodies at the State level. The proposed Resolution, as requested by Councilors, would express the opposition of the City Council to proposed changes in capital outlay procedures currently being considered by the Legislature. Chaves County Commission passed a similar resolution at its February 21, 2019 meeting. After discussion, Councilor Peterson moved to table, recommending staff to provide more information and that the item be brought back to the March meeting. Councilor Foster was second. A voice vote was 3-0, and the motion passed. 3. Roswell Hispano Chamber of Commerce- Councilor Stubbs stated the Roswell Hispano Chamber of Commerce works in partnership with the City of Roswell to provide services to businesses and promotes tourism efforts. The contemplated 04/02/2019 Legal Committee --5-- City of Roswell, New Mexico  Agreement would provide a revised and updated scope of work to support the Hispano Chamber’s work and continue the City’s existing relationship with the Hispano Chamber. • On five (E) Strike through City Council replace with City Manager. Strike through Committee replace with Council. • On number eight strike through expected, replace with expending. Strike through Finance Committee meetings and replace with City Manager. Strike through reporting replace with discussed. For the record Councilor Peterson left the meeting at 6:05 pm. For the record Councilor Peterson joined at 6:07 pm. Councilor Stubbs moved to recommend approval to full City Council Roswell Hispano Chamber of Commerce Business and Development Services Agreement with the language changes. Councilor Peterson was second. A voice vote was 3-0, and the motion passed. 4. Resolution 19-XX- Councilor Oropesa discussed the Governing Body Rules of Order were adopted in Resolution 16-58. Election of the Mayor Pro Tem is provided for in Section 7(p) of the Governing Body Rules. Councilor Oropesa stated the resolution would simplify the existing election procedure by providing for election of the candidate receiving the highest number of votes. Mr. Holloman stated once a resolution is passed it is effected immediately. Councilor Stubbs discussed in the event of a tie for highest votes, the winner would be determined by a method of chance selected by the City Clerk. Councilor Peterson moved to recommend approval to full City Council Resolution 19-xx. Councilor Stubbs was second. A voice vote was 2-1, and the motion passed with Councilor Foster voting no. 5. Roswell Chamber of Commerce- The Roswell Chamber of Commerce works in partnership with the City of Roswell to provide services to business retention and development. The contemplated Agreement would provide a revised and updated scope of work to support the Roswell Chamber’s work and continue the City’s existing relationship with the Roswell Chamber. • On four (E) Strike through City Council replace with City Manager. Strike through Committee replace with City Manager. • On number seven strike through expected, replace with expending. Strike through Finance Committee meetings. Strike through reporting replace with discussed. • On exhibit c, Special Events number one strike through $6,000.00 and replace with $3300.00. Councilor Peterson moved to recommend approval to full City Council Roswell Chamber of Commerce Retention and Development Services Agreement as amended. Councilor Foster was second. A voice vote was 3-0, and the motion 04/02/2019 Legal Committee --6-- City of Roswell, New Mexico  passed. 6. Resolution 19-XX-Mr. Holloman discussed the Resolution 2366 first established the items to be placed on the consent agenda for City Council Meetings. Resolution 2366 was subsequently amended in Resolution 14-19, which increased the items placed on the consent agenda. Resolution 19-XX would amend Resolution 2366 again, to provide that all matters to be considered by the City Council are placed on the consent agenda, except those matters requiring individual consideration by statute or other law, such as public hearings, resolutions, bonds, budgets and preliminary budgets. Any councilor is still free to request that any item be removed from the consent agenda for individual consideration. No motion was made no vote was taken. F. Fire Apparatus Service Agreement- Mr. Holloman discussed the City currently operates a total fleet of approximately 25 fire apparatus vehicles, which require ongoing skilled maintenance and repair to ensure performance and longevity. In RFP 18-014 (2nd Posting), the City sought to procure the services of an experienced contractor to manage the City’s Fire Apparatus maintenance and repair services. Mr. Holloman stated the City Council approved award of the RFP to Wild Horse on December 13, 2018. The proposed Agreement would provide for the terms and procedures under which Wild Horse will perform Fire Apparatus Services for the City’s Fire Apparatus pursuant to RFP 18-014. Pursuant to the proposed terms of the Agreement, Wild Horse would bill labor, parts and subcontracted labor on a weekly basis as follows: $85.00 per hour per laborer for work during the regularly scheduled operational hours of 08:00 a.m. to 5:00 p.m. and $115.00 per hour per laborer for work outside of regularly scheduled operational hours, parts necessary at the list price, minus a ten percent (10%) reduction, and subcontracted repairs at the actual cost charged by the subcontractor plus a 5% mark-up. Councilor Foster moved to send to full City Council on consent agenda recommending approval for Fire Apparatus Service Agreement. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 6:52 pm. 04/02/2019 Legal Committee --7-- City of Roswell, New Mexico  AGENDA ITEM NO. 1 – ABSTRACT LEGAL COMMITTEE MEETING Tuesday, April 02, 2019 4:00 pm City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) Old Dog Brotherhood (B) Cliff Waide (C) Daniels Welding Service, LLC ACTION REQUESTED: (A) Consider recommending approval to authorize Old Dog Brotherhood, Roswell Chapter, to renew their current lease agreement on Building No. 734 (B) Consider approval to authorize Cliff Waide, an individual, to renew his current lease agreement on “T” Hangar Building No. 120, Space 4. (C) Consider recommending approval to authorize Daniels Welding Service, LLC, a New Mexico Limited Liability Corporation, a new lease agreement on Building No. 81 BACKGROUND: (A) Old Dog Brotherhood, Roswell Chapter, leases Building No. 734 for the purpose of meetings and vehicle maintenance. 2,484 square feet. Old Dog Brotherhood, Roswell Chapter has been a customer since April 2011. (B) Cliff Waide, leases Building No. 120, Space 4 for the purpose of aircraft storage and maintenance. 1,175 square feet. Cliff Waide has been a customer since January 2013. (C) Daniels Welding Service, LLC, leases Building No. 81 for the purpose of operating a welding service. 1,462 square feet. FINANCIAL CONSIDERATION: (A) The new monthly rent for the Old Dog Brotherhood amount is $234.84 per month; $2,818.08 annually. Rent adjustment is 3.00%. (B) The new monthly rent amount for Cliff Waide is $192.89; $2,314.68 annually. Rent adjustment is 1.52%. (C) The monthly rent amount for Daniels Welding Service is $300; $3,600 annually. 04/02/2019 Legal Committee --8-- City of Roswell, New Mexico LEGAL REVIEW: The City Attorney has reviewed the leases BOARD and/or The Legal Committee is scheduled to meet on Tuesday, April COMMITTEE ACTION: 02, 2019. STAFF Staff recommends approval of the leases and the assignment. RECOMMENDATION: 04/02/2019 Legal Committee --9-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 11th day of April, 2019 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and OLD DOG BROTHERHOOD, Roswell Chapter, 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: Building No. 734 consisting of 2,484 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 May 1, 2019 and ending April 30, 2020 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Eight Hundred Eighteen Dollars and Eight Cents ($2,818.08), payable in 12 monthly installments of $234.84. 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 $100.00 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 04/02/2019 Legal Committee --10-- City of Roswell, New Mexico 04/02/2019 Legal Committee --11-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 11th day of April, 2019 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and CLIFF WAIDE, an individual, 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: Building No. 120 space 4 consisting of 1175 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 May 1, 2019 and ending April 30, 2020 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Three Hundred Fourteen Dollars and Sixty Eight Cents ($2,314.68), payable in 12 monthly installments of $192.89. 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 $164.00 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 04/02/2019 Legal Committee --12-- City of Roswell, New Mexico 04/02/2019 Legal Committee --13-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 11th day of April, 2019 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter Landlord, and DANIELS WELDING SERVICE, LLC, a New Mexico limited liability corporation, 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 Building No. 81 consisting of 1,462 square feet, more or less, and fenced area around the building 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). 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: 2. TERM. The Lease term is for two (2) years, commencing on May 1, 2019 and ending April 30, 2021 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Three Thousand, Six Hundred Dollars and No Cents ($3,600.00), payable in 12 monthly installments of $300.00 for the first year. Each year thereafter rent will be increased by 3% or the latest 12 month percentage change in CPI-U, (Consumer Price Index-U, U.S. City Average) whichever is greater. 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 months 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 Tenants 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 will pay $300.00 in advance as security for Tenants 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. 04/02/2019 Legal Committee --14-- City of Roswell, New Mexico  EXHIBIT “A” 04/02/2019 Legal Committee --15-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Tuesday, April 02, 2019 4:00 pm City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Scope of Services for RFP 19-005: Spring River Zoo Seasonal Events Management ACTION REQUESTED: Consider recommending approval of the scope of services for RFP 19-005: Spring River Zoo Seasonal Events Management BACKGROUND: With RFP 19-005, the City is seeking proposals for family- friendly events to be organized and held by private entities or individuals at the City’s Spring River Park and Zoo, to encourage engagement by City residents and to promote tourism by increasing interest in the Spring River Park throughout the region. The event holders will be fully responsible for advertising, setting up and putting on their events, including all associated costs. The City will provide support for events, but event holders will be required to reimburse any costs incurred by the City. The City may award the RFP to one or more events, but is not required to award any, in its discretion. FINANCIAL CONSIDERATION: None at this time. Once awarded, it is anticipated that the event holders will be responsible for all costs associated with putting on their events, and will pay the City a percentage of ticket sales to reimburse the City for any costs it may incur. LEGAL REVIEW: The City Attorney has reviewed RFP 19-005 BOARD and/or The Legal Committee is scheduled to meet on Tuesday, April 02, COMMITTEE ACTION: 2019. STAFF Staff recommends approval of RFP 29-005 RECOMMENDATION: 04/02/2019 Legal Committee --16-- City of Roswell, New Mexico  CITY OF ROSWELL, NM PURCHASING DEPARTMENT 425 N. RICHARDSON AVE., ROSWELL, NM 88201 LUPITA EVERETT, CHIEF PROCUREMENT OFFICER DIRECT PHONE NUMBER: (575) 637-6222 EMAIL: l.everett@roswell-nm.gov Request for Proposal RFP NUMBER: 19-005 RFP NAME: Spring River Zoo Seasonal Events Management COMMODITY CODE: 20969 Project Management DEPARTMENT: Spring River Zoo DATE OF OPENING: TIME OF OPENING: 2:00 P.M. The City of Roswell is seeking sealed proposals for one or more Offerors to organize and hold family- friendly events at the City’s Spring River Park and Zoo, to encourage engagement by City residents and to promote tourism by increasing interest in the Spring River Park throughout the region. IMPORTANT: PROPOSALS DUE: [MAY 7, 2019, 2:00 P.M OFFICE OF THE CHIEF PROCUREMENT OFFICER, CITY HALL 425 N. RICHARDSON AVE., ROSWELL, NEW MEXICO 88201 04/02/2019 Legal Committee --17-- City of Roswell, New Mexico  The City reserves the right to enter into negotiations with the highest ranked Offeror(s) per NMSA 13-1-115. If contract negotiations are not finalized within a reasonable period of time, the City will conclude negotiations with the selected firm(s) and begin negotiations with the next ranked firm based on final ranking. III. Evaluation Criteria The following criteria will be used by the Evaluation Committee to evaluate each proposal and create a score for each of the proposals. Each member of the Evaluation Committee will rank all proposals from highest to lowest evaluation score, and the rankings of all members of the Evaluation Committee shall be compiled. If any proposal receives a majority of first place votes, that proposal will represent the best value for the City and will be recommended for award of the contract. The criteria are not listed in any priority order. The Evaluation Committee will consider all criteria in performing a comprehensive evaluation of each proposal. Once the Interviews (if held), have been completed, the ‘Cost Proposal’ sealed envelope will be opened, reviewed and points will be added to the evaluation score sheet then finalized. The score sheets for each of the Offerors will be tallied which include all criteria items and the highest ranking averaged score will be the proposal to be recommended for the award to council. Weights have been assigned to each of the criteria in the form of points. TOTAL POSSIBLE POINTS=125. EVALATION CRITERIA Evaluation Criteria: Possible Points: OVERALL CAPACITY OF COMPANY 10 Points Our evaluation will include an assessment of the organization and history of the Offeror, the skills, training and education of its staff and its overall preparedness and appropriateness to execute the proposed event. DEMONSTRATED RESULTS 15 Points The evaluation committee will review any past events put on by the Offeror, the similarities in terms of type, subject and size with the proposed event, and the level of success achieved. APPROPRIATENESS AND CREATIVITY OF 10 Points PROPOSED EVENT The proposed event should be appropriate to the purposes and expectations set forth in this RFP. In addition, the evaluation committee will consider whether the proposed event is unique or creative in a way that will highlight the Spring River Park in a positive manner. MARKETING PLAN 5 Points 04/02/2019 Legal Committee --18-- City of Roswell, New Mexico  The evaluation will consider whether the Offeror has presented a comprehensive plan to advertise the proposed events on both traditional and social media, locally and throughout the region. EVENT PLAN 20 Points The evaluation committee will review the Offeror’s event plan to determine whether it presents a realistic, comprehensive and executable strategy, in light of the nature of the proposed event, its anticipated size and the facilities of the Spring River Park. Interview (if held) 25 Points Cost 40 Points TOTAL POSSIBLE POINTS: 125 POINTS 04/02/2019 Legal Committee --19-- City of Roswell, New Mexico  PART III: SCOPE OF WORK / SPECIFICATIONS I. General A. City’s Intent 1. The City of Roswell is seeking sealed proposals for an Offeror to organize and hold a family-friendly event at the City’s Spring River Park and Zoo (the “Spring River Park”), to encourage engagement by City residents and to promote tourism by increasing interest in the Spring River Park throughout the region. B. Background 1. City of Roswell owns property located at 1306 E College Boulevard, Roswell, NM 88201, known as the Spring River Park and Zoo, consisting of approximately 34 acres. 2. The Spring River Park consists of a park and small zoo, including the following facilities and attractions: • Capitan Trail featuring native animals • Children’s Zoo area with child friendly animals for close-up viewing • Developing World Safari Exotics area • Ranching heritage exhibit • Visitor service area with the concession, miniature train and antique wooden horse carousel 3. The City seeks proposals for events at the Spring River Park to be developed, advertised, and put on by Offerors, with appropriate support from the City. 4. The City is specifically interested in events that cater to families or that would be of interest the community and could draw visitors from the surrounding area and beyond. II. Statement of Work A. General 1. The Offeror shall develop, organize, market, and hold an event at the Spring River Park. 2. The Offeror shall be responsible for furnishing all equipment, materials and labor associated with holding the event. 3. The City will provide access to the Spring River Park and its facilities in order to hold the event. 4. The City may supply power, support, and in-kind services, upon the terms and conditions hereof. B. Staging the Event 1. Offeror shall undertake efforts, at its own expense, and in conformity with the marketing plan set forth in its proposal, to advertise the event within the City, the region and beyond. 2. Offeror shall be fully responsible for obtaining all necessary permits, licenses and permissions as may be required. 3. Offeror shall obtain, at its own expense, all materials, equipment, and staff necessary to set up and hold the event, and shall deliver such to the Spring River Park adequately in advance of the scheduled date of the event. 4. Offeror shall be solely responsible for holding the event, including, without limitation: 04/02/2019 Legal Committee --20-- City of Roswell, New Mexico  a. creating and setting up all displays, exhibits or other installations, including soliciting sponsors to cover costs for such displays; b. decorating the Spring River Park appropriately; c. providing staffing for actors during the Event and crowd management; d. arranging for any entertainment or food options Offeror desires to have at the event; e. providing adequate security and crowd control to ensure the safety of all attendees of the event, including persons responsible for supervising the parking lots, the train crossings, and an attendant at the pedestrian bridge; f. providing adequate trash service at the event; g. providing restroom facilities for use by the public during the duration of the event, including at a minimum: i. four regular portable toilets; ii. one handicapped accessible portable toilet; and iii. one wash station. h. breaking down and removing all equipment, installations, exhibits, displays and decorations at the conclusion of the event; i. cleaning all litter, debris and other trash resulting from the event. 5. Offeror shall charge attendees fees only according to the terms of its Proposal. 6. Offeror shall be responsible for reimbursing all expenses of the City in supporting the event. 7. Offeror will pay the City a set rate for every ticket sold for the event, to compensate for the employees provided or other costs associated with the use of the Spring River Park during the event. 8. Offeror shall maintain adequate records of the number of attendees, and moneys collected, and shall report the same to the City within 30 days of conclusion of the event. 9. In the event the compensation from ticket sales paid by Offeror to the City is less than the expenses expended by the City in supporting the event, the City shall submit an itemized statement of the difference and Offeror shall be liable to pay said difference. 10. Offeror shall be responsible for any and all damage to property or injury to persons associated with the event and shall indemnify and hold harmless the City, except to the extent that such damage or injury is the result of the negligence of the City or its employees. C. City Support 1. The City may support the Offeror’s marketing efforts through its Events Calendar, Facebook page or other media, as deemed appropriate by the City’s Director of Public Affairs. 2. The Offeror may apply for Lodger’s Tax funding separately for financial support for the event. 3. The City shall permit Offeror access to the Spring River Park during normal business hours during and for a reasonable time prior to the event, for purposes of setting up and holding the event. 4. Offeror will be permitted to utilize the concession stand for the purpose of selling tickets, goods, or food or drink during the event, however Offeror shall not use equipment located in the concession stand without prior written approval of the City. 04/02/2019 Legal Committee --21-- City of Roswell, New Mexico  5. The City will permit Offeror use of the Spring River Park train during the event. The City will provide an operator for the train. No other persons shall be allowed to operate or use the train except pursuant to the City's instructions and written permissions. Offeror shall ensure that all rules and instructions regarding the use of the train are complied with. The City will have the right to prohibit the use of the train at any time should any concern about the safety or proper use of the train arise. Roebuck will be given notice and a reasonable opportunity to remedy any safety issue. 6. The City will use its resources to assist Offeror to obtain best available pricing for the services necessary to hold the event. 7. The City may provide additional in-kind services requested by the Offeror, upon the same terms and conditions that the City generally provides such services for City supported events. D. Insurance 1. Mandatory Insurance Requirements Prior to the commencement of the Agreement, the Offeror shall obtain and keep in full force and effect until the termination of the Agreement, the following insurance with an insurance company licensed and qualified to do business in the State of New Mexico, as evidenced by a Certificate of Insurance and/or certified copies of the insurance policy(ies), to be provided at the time of execution of the Contract. 2. Worker Compensation – Statutory minimum limits 3. Employers’ Liability with a minimum of $750,000 combined single limit. 4. Commercial General Liability 5. Minimum $750,000 combined single limit of Bodily Injury and Property Damage per occurrence including the following coverage: a) Contractual Liability b) Premises and Operations c) Independent Offerors d) Completed Operations and Product Liability e) Personal Injury 6. Additional Insured The City shall be named as an additional insured on all liability policies. 7. Policy Cancellation Sixty (60) days written notice of cancellation or of any material change in the policy(ies) is required. 8. Certificate Holder: City of Roswell, New Mexico E. Working Conditions In the performance of the Agreement, the Offeror shall adopt working conditions, and other employment policies which meet the approval of the City and comply with current applicable Federal or State laws. 1. Job Safety Compliance a) It shall be the responsibility of the Offeror to comply with all the provisions applicable to the Occupation Safety and Health Act as enforced by the U.S. Department of Labor and to require all employees to comply with this law and all regulatory State or local laws affecting job safety. At a minimum, Offeror will provide a written Safety Program, a “Lockout/Tag out” Program, a safety training program for maintenance facility employees, and a performance- 04/02/2019 Legal Committee --22-- City of Roswell, New Mexico  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, April 2, 2019 4:00pm City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Fleet Services Agreement ACTION REQUESTED: Consider recommending approval of the Fleet Services Agreement with First Vehicle Services, Inc. BACKGROUND: The City currently operates a total fleet of approximately 600 vehicles and pieces of equipment which require ongoing skilled maintenance and repair to ensure performance and longevity. In RFP 18-008 (2nd Posting), the City sought to procure the services of an experienced contractor to manage the City’s Fleet maintenance and repair operation. The City Council approved award of the RFP to First Vehicle on December 13, 2018. The proposed Agreement would provide for the terms and procedures under which First Vehicle will perform Fleet Services for the City’s Fire Apparatus. pursuant to RFP 18-008. FINANCIAL CONSIDERATION: Pursuant to the terms of the Agreement, First Vehicle will charge a monthly service fee of $5,000.00 . In addition, First Vehicle will also invoice the City for the following expenses: labor at $62.36 per hour per laborer with an additional overtime fee of 1.33% of labor costs for emergency work, parts at actual costs plus a 12% mark-up, and subcontracted work at the actual cost charged by the subcontractor plus a 5% mark- up. LEGAL REVIEW: The City Attorney has reviewed the Fleet Services Agreement BOARD and/or The Legal Committee is scheduled to meet on April 2, 2019 at COMMITTEE ACTION: 4:00pm. STAFF Staff recommends approval of the Fleet Services Agreement RECOMMENDATION: 04/02/2019 Legal Committee --23-- City of Roswell, New Mexico