Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, May 23, 2019 at 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 April 30, 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) Veterinarians Outlet of NM - Consider approval to authorize Veterinarians Outlet of NM, Inc., a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112A. (page 11) (B) Walker Aviation Museum Foundation - Consider approval to authorize Walker Aviation Museum Foundation, to renew their current lease agreement on an office area in Building No. 1, located inside the front entrance to the Terminal. (page 13) (C) David L. Partain - Consider approval to authorize David L. Partain, an individual, to renew his current lease agreement on “T” Hangar, No. 120, Space 1. (page 15) (D) Daniels Welding Service, LLC - Consider approval to authorize Daniels Welding Service, LLC, a New Mexico Limited Liability Corporation, a new lease agreement on Building No. 81 and fenced area around the building. (page 17) 2. Res. 19-XX Authorizing Mayor to accept FAA Funds - Consider recommending approval of Resolution 19-XX, authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. (page 19) 3. Res. 19-XX Authorizing Manager to accept NM Aviation Funds - Consider recommending approval of Resolution 19-XX, authorizing the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell International Air Center. (page 21) 4. Scope of Services for RFP 19-005: Spring River Zoo Seasonal Events - Consider recommending approval of the scope of services for RFP 19-005: Spring River Zoo Seasonal Events. (page 23) 5/23/2019 Legal Committee --1-- City of Roswell, New Mexico 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 19-37 18-55. 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: Friday, May 17, 2019 5/23/2019 Legal Committee --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Conference Room at City Hall April 30, 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 being present. Staff present: Joe Neeb, Mike Matthews, Aaron Holloman and Danny Renshaw. Guests present: Alison Penn, Larry Connolly, Mayor Dennis Kintigh and Kathy Lay. APPROVAL OF AGENDA Councilor Foster moved to approve the February 28, 2019, Legal Committee meeting agenda with the following changes: • Moving item 2 to 1 • Moving item 5 to 2 • Moving item 6 to 3 • Moving item 3 to 6 • Moving item 1 to 5 Councilor Peterson was the second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES Councilor Foster moved to approve the February 28, 2019, Legal Committee minutes with the following changes: • Under Regular items 1(A) strike through the word proposed replace with amended. Councilor Peterson was the second. A voice vote was 4-0, and the motion passed. REGULAR ITEMS 1. MainStreet Roswell- Mr. Holloman stated Roswell MainStreet, Inc. works in partnership with the City of Roswell to provide services to businesses located in and around downtown Roswell and to preserve, develop and promote the downtown Roswell business district. The contemplated Agreement would provide a revised and updated scope of work to support Roswell MainStreet’s work and continue the City’s existing relationship with Roswell MainStreet. The following changes were 5/23/2019 Legal Committee --3-- City of Roswell, New Mexico  recommended by Kathy Lay, representative from MainStreet Roswell. o On compensation 4 (a) strike through solely. o Remove number 6 from the agreement. o On number 7 “Reporting,” strike through “audit” replace with “review.” Councilor Foster moved to recommend approval to full City Council MainStreet Roswell Agreement with the language changes. Councilor Sanchez was second. A voice vote was 4-0, and the motion passed. 2. CLOSED SESSION- Councilor Foster moved that the Legal Committee go into a Closed Session pursuant to NMSA 1978 § 10-15-1(H)(6) to discuss competitive sealed proposals solicited pursuant to Procurement Codes related to RFP 18-008 2nd posting during contract negotiations. Councilor Sanchez was second. The Committee approved the motion with a roll call vote as follows: Stubbs – yes, Foster – yes, Peterson – yes, Sanchez – yes. FOR THE RECORD: Went into closed session at 4:17 p.m. Councilor Stubbs stated for the record the Legal Committee is back in open session at 5:04 p.m.; we had a closed session pursuant to NMSA 1978 § 10-15-1(H)(6) to discuss competitive sealed proposals solicited pursuant to Procurement Codes related to RFP 18-008 2nd posting during contract negotiations. No action was taken and no votes made. FOR THE RECORD: Councilor Sanchez left the meeting at 4:53 pm. 3. Fleet Services Agreement- Mr. Holloman stated in RFP 18-008 (2nd Posting), the City sought to procure the services of a contractor to manage the City’s Fleet maintenance and repair operation. The City Council approved the 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 vehicles. 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. Councilor Foster moved to recommend approval to full City Council Fleet Services Agreement with the following change: Add to the clause requiring prior City approval for any modification to the building. Councilor Stubbs was the second. A voice vote was 2-1, and the motion passed with Councilor Peterson voting no. 4. Proposed Ordinance 18-11: Nuisance Properties- Mayor Dennis Kintigh discussed that Proposed Ordinance 18-11 would define nuisance activities on private property as four or more nuisance activities resulting in enforcement action having occurred 5/23/2019 Legal Committee --4-- City of Roswell, New Mexico  at a premises during a twelve (12) month period. City staff would seek to contact the actual owner in an effort to develop an abatement program that would have, as its intent, a means of correcting the specific issues occurring onsite. Mayor Dennis Kintigh stated the first (Version 1) was presented at 4/2/2019 Meeting. The second (Version 2) contained proposals from the Mayor. Councilor Foster moved to recommend to full City Council to approve the amended in version 2 Proposed Ordinance 18-11 for advertisement for a public hearing with the following change: In section 16-70, paragraph a strike through meet with add “contact in person or electronically.” Councilor Peterson was the second. A voice vote was 3-0, and the motion passed. 5. RIAC agreements- A. Old Dog Brotherhood- Mr. Holloman stated Old Dog Brotherhood leases the building for the purpose of meetings and vehicle maintenance. Building space is 2,484 square feet. New monthly rent is $2,818.08 annually. New monthly rent amount is $234.84 per month. Rent adjustment is 3.00%. Old Dog Brotherhood have been customers since April 2011. Term: on May 1, 2019 through April 30, 2020. Councilor Foster moved to send to full City Council on the consent agenda recommendation Old Dog Brotherhood, lease agreement Building No. 734. Councilor Peterson was the second. A voice vote was 3- 0, and the motion passed. B. Cliff Waide - Mr. Holloman stated Cliff Waide leases the building for the purpose of aircraft storage and maintenance. New monthly rent amount is $192.89; $2,314.68 annually. Rent adjustment is 1.52%. Cliff Waide have been a customer since January 2013. Term: May 1, 2019 through April 30, 2020. Councilor Sanchez moved to send to full Council on consent agenda recommending approval Cliff Waide to renew their current lease agreement on “T” Hangar Building No. 120, Space 4. Councilor Foster was the second. A voice vote was 3- 0, and the motion passed. C. Daniels Welding Service, LLC- Mr. Holloman stated Daniels Welding Service, LLC leases the building for the purpose of operating a welding service. The monthly rent amount is $300; $3,600 annually. Daniels Welding Service, LLC is a new customer. With further discussion, Councilor Foster moved to table Daniels Welding Service LLC, recommending staff to provide more information as to the reasoning behind the price per square foot, and asked that the item be brought back to the May meeting. Councilor Peterson was second. A voice vote was 3-0, and the motion passed. D. AerSale, Inc.,- Mr. Holloman stated AerSale leases the hangar for the purpose of providing commercial aircraft engines and their component parts to the secondary market and acting as an aviation maintenance, modification, tear down and storage facility. 101,223 square feet. New monthly rent amount is 5/23/2019 Legal Committee --5-- City of Roswell, New Mexico  $12,652.88; $151,834.56 annually. Rent adjustment is 3.64%. AerSale, Inc. has been a customer since June 2009. Councilor Foster moved to send to full City Council on the consent agenda recommendation AerSale to renew their current lease agreement on Hangar No. 85 and the adjacent parking lot. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed. E. Michael Joseph Rohrbacher- Mr. Holloman stated Michael Joseph Rohrbacher leases an area of land and container for the purpose of storage of display fireworks. New rent amount is $127.33 monthly;$1,527.96 annually. Rent adjustment is 1.86%. Michael Joseph Rohrbacher has been a customer since June 2009. Councilor Foster moved to send to full City Council on the consent agenda recommendation Michael Joseph Rohrbacher to renew his current lease agreement on an area of land and a container. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed. F. Carl Day- Mr. Holloman stated Carl Day leases the hangar for the purpose of aircraft storage and maintenance. New rent amount is $185.39 monthly; $2,224.68 annually. Rent adjustment is 1.86%. Carl Day has been a customer since May 2018. Councilor Foster moved to send to full City Council on the consent agenda recommendation Carl Day to renew his current lease agreement on “T” Hangar Building No. 120, Space 5. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed. G. AvFlight - Mr.Holloman stated AvFlight Roswell Corporation, leases hangars and an area of land for the purpose of operating a repair station providing service to large aircraft and operate its business as a Fixed Base Operator (FBO), performing commercial and general aviation activities as provided in Chapter 5 of the Roswell City Code. New rent amount is $2,653, $4,023, $2,707, $1,659, $1,185, 1,377, and $217 monthly; $31,836, $48,276, $32,484, $19,908, $14,220, $16,524, and $2,604 annually respectively. Rent adjustment is 2.51%, 2.50%, 2.50%, 2.53%, 2.51%, 2.53%, and 2.84% respectively. AvFlight Roswell Corporation has been a customer since January 2013. Councilor Foster moved to send to full City Council on the consent agenda recommendation AvFlight to amend their current lease agreement by exercising the second of four five-year options to extend the lease. Councilor Peterson was the second. A voice vote was 3-0, and the motion passed. 6. Resolution 19-xx: Consent Agenda Amendment- Mr. Holloman discussed 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 additional matters that would be placed on the Consent Agenda. Additionally, this amendment fixes the discrepancy between the Consent Agenda Resolution, which required two councilors to remove an item, and the Governing Body Rules of Order, which only requires one. Regardless of what is placed on the consent agenda, an item may be discussed by request that any item 5/23/2019 Legal Committee --6-- City of Roswell, New Mexico  be removed from the consent agenda for individual consideration. Councilor Foster moved to recommend approval to full City Council Resolution 19-xx with the following changes: o Add as subsections to (J) excepting Authorization to advertise a public hearing of an ordinance or as otherwise prohibited by law. Councilor Peterson was second. A voice vote was 3-0, and the motion passed. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION None ADJOURN The meeting adjourned at 6:11 pm. 5/23/2019 Legal Committee --7-- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 23, 2019 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 RIAC LEASES: (A) Veterinarians Outlet of NM (B) Walker Aviation Museum Foundation (C) David L. Partain (D) Daniels Welding Service, LLC ACTION REQUESTED: (A) Consider approval to authorize Veterinarians Outlet of NM, Inc., a New Mexico Corporation, to renew their current lease agreement on a portion of Building No. 112A. BACKGROUND: (A) Veterinarians Outlet of NM, Inc., leases a portion of the building for the purpose of soaps, sanitizers, and detergents associated with the dairy industry. 9,753 square feet. New rent amount is $1,607 monthly; $19,284 annually. Rent adjustment is 2.55%. Veterinarians Outlet of NM, Inc., has been a customer since June 2006. FINANCIAL CONSIDERATION: (A) Veterinarians Outlet of NM, Inc., new rent amount is $1,607monthly; $19,284 annually. Rent adjustment is 2.55%. Term: July 1, 2019 through June 30, 2020. STAFF (A) Consider approval of a one year lease with Veterinarians RECOMMENDATION: Outlet of NM, Inc. of Building No. 112A consisting of 9,753 ft.2 at the RIAC, for $19,284 payable in 12 monthly installments of $1,607, to be placed on the consent agenda subject to all other terms and conditions of the lease. ACTION REQUESTED: (B) Consider approval to authorize Walker Aviation Museum Foundation, to renew their current lease agreement on an office area in Building No. 1, located inside the front entrance to the Terminal. BACKGROUND: (B) Walker Aviation Museum Foundation, leases the office space for the purpose of operating a museum associated with the former Walker Air Force Base. 930 square feet. 5/23/2019 Legal Committee --8-- City of Roswell, New Mexico  New rent amount is $158 monthly; $1,896 annually. Rent adjustment is 2.60%. Walker Aviation Museum Foundation has been a customer since July 2010. FINANCIAL CONSIDERATION: (B) Walker Aviation Museum Foundation, new rent amount is $158 monthly; $1,896 annually. Rent adjustment is 2.60%. Term: July 1, 2019 through June 30, 2020. STAFF (B) Consider approval of a one year lease with Walker Aviation RECOMMENDATION: Museum Foundation of Office area in Building 1 consisting of 930 ft2 at the RIAC, for $1,896 payable in 12 monthly installments of $158, to be placed on the consent agenda subject to all other terms and conditions of the lease. ACTION REQUESTED: (C) Consider approval to authorize David L. Partain, an individual, to renew his current lease agreement on “T” Hangar, No. 120, Space 1. BACKGROUND: (C) David L. Partain, leases the building for the purpose of aircraft storage and maintenance. 1,175 square feet. New rent amount is $193 monthly; $2,316 annually. Rent adjustment is 2.66%. David L. Partain has been a customer since July 2002. FINANCIAL CONSIDERATION: (C) David L. Partain, new rent amount is $193 monthly; $2,316 annually. Rent adjustment is 2.66%. Term: July 1, 2019 through June 30, 2020. STAFF (C) Consider approval of a one year lease with David L. Partain RECOMMENDATION: of T Hangar No. 120, space 1 consisting of 1,175 ft2 at the RIAC, for $2,316 payable in 12 monthly installments of $193, to be placed on the consent agenda subject to all other terms and conditions of the lease. ACTION REQUESTED: (D) Consider approval to authorize Daniels Welding Service, LLC, a New Mexico Limited Liability Corporation, a new lease agreement on Building No. 81 and fenced area around the building. BACKGROUND: (D) Daniels Welding Service, LLC, leases the building for the purpose of operating a welding service. 1,462 square feet. Monthly rent amount is $300; $3,600 annually. 5/23/2019 Legal Committee --9-- City of Roswell, New Mexico FINANCIAL CONSIDERATION: (D) Daniels Welding Service, LLC, monthly rent amount is $300; $3,600 annually. Term: July 1, 2019 through June 30, 2021. Daniels Welding Service, LLC, will provide approximately $9,355 in electrical update and additional conduit and wiring and security/window screens in Building No. 81. STAFF (D) Consider approval of a two year lease with Daniels RECOMMENDATION: Welding Service, LLC of Building No. 81 consisting of 1,462ft2 and a fenced area around the building at the RIAC, for $3,600 for the first year payable in 12 monthly installments of $300, to be placed on the consent agenda subject to all other terms and conditions of the lease. LEGAL REVIEW: The City Attorney has reviewed the items. BOARD and/or The Legal Committee is scheduled to meet on Thursday, May COMMITTEE ACTION: 23, 2019. Item 1-D was tabled at the April Legal Committee Meeting. 5/23/2019 Legal Committee --10-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 13th day of June, 2019 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and VETERINARIANS OUTLET OF NM, INC., a New Mexico 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 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: A portion of Building No. 112A consisting of 9,753 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 July 1, 2019 and ending June 30, 2020 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Nineteen Thousand, Two Hundred Eighty Four Dollars and No Cents ($19,284.00) payable in 12 monthly installments of $1,607.00. 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 $1,150.00 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) 5/23/2019 Legal Committee --11-- City of Roswell, New Mexico 5/23/2019 Legal Committee --12-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 13th day of June, 2019 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and WALKER AVIATION MUSEUM FOUNDATION, 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: Office area in Building No. 1 consisting of 930 square feet, more or less, located inside the front entrance to the Terminal 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 July 1, 2019 and ending June 30, 2020 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of One Thousand, Eight Hundred Ninety Six Dollars and No Cents ($1,896.00), payable in 12 monthly installments of $158.00. 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. Intentionally left blank. 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, 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 and attractively maintained. 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 5/23/2019 Legal Committee --13-- City of Roswell, New Mexico 5/23/2019 Legal Committee --14-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 13th day of June, 2019 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and DAVID L. PARTAIN, 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: “T” Hangar No. 120 space 1 consisting of 1,175 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 July 1, 2019 and ending June 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 Sixteen Dollars and No Cents $2,316.00), payable in 12 monthly installments of $193.00. 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 $140.00 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. 5/23/2019 Legal Committee --15-- City of Roswell, New Mexico 5/23/2019 Legal Committee --16-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 9th day of May, 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 June 1, 2019 and ending May 31, 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 has paid $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. 5/23/2019 Legal Committee --17-- City of Roswell, New Mexico  EXHIBIT “A” 5/23/2019 Legal Committee --18-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 23, 2019 at 4:00 PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Res. 19-XX Authorizing Mayor to accept FAA Funds ACTION REQUESTED: Consider recommending approval of Resolution 19-XX, authorizing the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. BACKGROUND: The City of Roswell has made an application to the FAA for grant of federal funds for project development at the RIAC has approved projects for airport development at the RIAC and it is the intent of the governing body to accept the grant offer made by the FAA. A Resolution like this is presented to the governing body annually. FINANCIAL n/a CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed the resolution. BOARD and/or The Legal Committee is scheduled to meet on Thursday, May 23, COMMITTEE ACTION: 2019. STAFF Consider recommending approval of Resolution 19-XX, authorizing RECOMMENDATION: the Mayor to accept funding assistance from the Federal Aviation Administration on behalf of the City of Roswell. 5/23/2019 Legal Committee --19-- City of Roswell, New Mexico  RESOLUTION 19-XX A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT FUNDING ASSISTANCE FROM THE FEDERAL AVIATION ADMINISTRATION ON BEHALF OF THE CITY OF ROSWELL WHEREAS, the City of Roswell has made an application to the Federal Aviation Administration (FAA) for grant of federal funds for project development at the Roswell International Air Center (RIAC), and WHEREAS, the Federal Aviation Administration has approved projects for airport development at the RIAC and it is the intent of the governing body to accept the grant offer made by the Federal Aviation Administration, and WHEREAS, Mayor Dennis J. Kintigh is the Chief Local Elected Official of the City of Roswell. NOW, THEREFORE be it resolved by the governing body, the City Council of Roswell, New Mexico: That the Mayor be and is hereby authorized to accept any grant of federal funds from the Federal Aviation Administration for airport development on behalf of the City of Roswell and to perform any and all such acts, matters, and manner of things as shall be and become necessary and proper to effectuate the purpose herein. ADOPTED, SIGNED AND APPROVED this 13th day of June 2019. ________________________________ Dennis J. Kintigh, Mayor City Seal ATTEST: ___________________________ Sharon Coll, City Clerk 5/23/2019 Legal Committee --20-- City of Roswell, New Mexico  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 23, 2019 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Res. 19-XX Authorizing Manager to accept NM Aviation Funds ACTION REQUESTED: Consider recommending approval of Resolution 19-XX, authorizing the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell International Air Center. BACKGROUND: The City of Roswell has made an application to the State of NM for the grant of state funds for project development at the RIAC. The State of NM has approved projects for airport development at the RIAC and is the intent of the governing body to accept the grant offers made by the State of NM through its Aviation Division. A Resolution like this is presented to the governing body annually. FINANCIAL n/a CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed the Resolution. BOARD and/or The Legal Committee is scheduled to meet on Thursday, May 23, COMMITTEE ACTION: 2019. STAFF Consider recommending approval of Resolution 19-XX, authorizing RECOMMENDATION: the City Manager to apply for, accept and execute Grant Agreements for funding assistance from the State of New Mexico Aviation Division on behalf of the City of Roswell for project development at the Roswell International Air Center. 5/23/2019 Legal Committee --21-- City of Roswell, New Mexico  RESOLUTION 19-XX A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT AND EXECUTE GRANT AGREEMENTS FOR FUNDING ASSISTANCE FROM THE STATE OF NEW MEXICO AVIATION DIVISION ON BEHALF OF THE CITY OF ROSWELL FOR PROJECT DEVELOPMENT AT THE ROSWELL INTERNATIONAL AIR CENTER. WHEREAS, the City of Roswell has made an application to the State of New Mexico for the grant of state funds for project development at the Roswell International Air Center (RIAC), and WHEREAS, the State of New Mexico has approved projects for airport development at the RIAC and it is the intent of the governing body to accept the grant offers made by the State of New Mexico through its Aviation Division, and NOW, THEREFORE be it resolved by the governing body of the City Council of Roswell, New Mexico: That the City Manager is hereby authorized, on behalf of the City of Roswell, to apply for, accept and execute all grant agreements for state funds from the State of New Mexico for airport development and maintenance, and to perform any and all such other acts as shall be necessary and proper to effectuate said grant agreements. ADOPTED, SIGNED AND APPROVED this 13th day of June 2019. _____________________________ Dennis J. Kintigh, Mayor City Seal ATTEST: _________________________ Sharon Coll, City Clerk 5/23/2019 Legal Committee --22-- City of Roswell, New Mexico  AGENDA ITEM NO. 4– ABSTRACT LEGAL COMMITTEE MEETING Thursday, May 23, 2019 at 4:00PM City Hall Conference Room 425 N. Richardson, Roswell, NM 88201 Scope of Services for RFP 19-005: Spring River Zoo Seasonal Events ACTION REQUESTED: Consider recommending approval of the scope of services for RFP 19-005: Spring River Zoo Seasonal Events 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. Presented is only a portion of the full RFP packet, removing boilerplate language. The full version is available from staff. FINANCIAL None at this time. Once awarded, it is anticipated that the event CONSIDERATION: holders will be responsible for all costs associated with putting on their events, and will pay the City pursuant to the final agreement and to reimburse the City for any costs it may incur. LEGAL REVIEW: The City Attorney has reviewed the item. BOARD and/or The Legal Committee is scheduled to meet on Thursday, May 23, COMMITTEE ACTION: 2019. STAFF Consider recommending approval of the scope of services for RFP RECOMMENDATION: 19-005: Spring River Zoo Seasonal Events Management 5/23/2019 Legal Committee --23-- 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 COMMODITY CODE: 20969 Project Management DEPARTMENT: Spring River Zoo DATE OF OPENING: MAY 7, 2019 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 5/23/2019 Legal Committee --24-- City of Roswell, New Mexico  vi. Proposed request of City vii. Out of town visitation viii. Marketing plan Successful Offerors will provide an explanation of the need or demand for the proposed event, why it is unique and how it will raise positive awareness of the Spring River Park and encourage attendance. II. Evaluation Procedure A. City’s Rights The City reserves the right to revise or extend this schedule at its sole option. In its sole discretion, expand or reduce the criteria upon which it bases its final decisions regarding selection of an offeror for this project. The City reserves the right to reject any or all proposals or parts of proposals, to negotiate modifications of proposals submitted, and to negotiate specific proposal elements with an Offeror into a project of lesser or greater magnitude than described in this RFP or the Offeror’s reply. At the conclusion of the evaluation, the City may award this RFP to one or more of the proposals that it, in its discretion, determines meet the City’s needs, as reflected in the RFP’s requirements, and the availability of the Spring River Park and Zoo. The City is under no obligation, however, to award this RFP to any proposal and may reject all proposals, in its discretion. Nor does the City’s decision whether to award this RFP to any proposal prevent or limit the City’s right to hold, sponsor or permit any other event at the Spring River Park or elsewhere. B. Addendum Effect on Request for Proposal In the event an addendum to this RFP is issued, all solicitation terms and conditions will remain in effect unless specifically changed by the addendum. C. Summary of Anticipated Schedule Action: Responsibility: Date: 1. Issue RFP City of Roswell 04/21/2019 3. Deadline to Submit Written Questions Offeror 04/26/2019 4. Response to Questions via Addendum Procurement Manager 04/30/2019 5. Submission of Proposal: 2:00 PM Offerors 05/07/2019 6. Evaluation/Interviews (if held) Start: 05/8/2019 Evaluation Committee 05/17/2019 7. Recommendation to Legal Committee Procurement Manager or designee 05/30/2019 8. Recommendation of Award to City Council Procurement Manager or designee 06/06/2019 9. Notice of Award Procurement Manager 06/7/2019 10. Protest Period Effect Date: 06/08/2019 06/22/2019 11. Contract Negotiations/Executed City Manager 06/24/2019 D. Explanation of Sequence of Anticipated Schedule 1. Issue RFP The Chief Procurement Officer shall issue the RFP for this project on this date specified in the Anticipated Schedule above. 5/23/2019 Legal Committee --25-- City of Roswell, New Mexico  2. Deadline to Submit Written Questions Questions pertaining to this RFP will only be accepted through email by no later than 5:00 p.m. according to the specified date in the schedule above. This is the date and time set for submitting written questions regarding the RFP document and procurement process to the Chief Procurement Officer via email address: l.everett@roswell-nm.gov or 425 N. Richardson Ave., Roswell, NM 88201. 3. Response to Written Questions via Addendum The Chief Procurement Officer shall issue a written response to timely submitted written questions via an Addendum regarding the RFP procuring document or the procurement process, if applicable. This is the date that has been set to signify no other Addendum will be issued on the project so that Offerors have time to finalize their responses. Answers to all received questions are expected to be available to all Offerors who submitted written questions (or attended the Pre-Proposal Meeting if held) via email through an Addendum to the RFP by the deadline given on the schedule above and will be publicly posted. All Offerors shall acknowledge the receipt of the Addendum(s) where indicated on the “Proposal Acknowledgement Form” found on page 27 of this RFP document. 4. Submission of Proposal a) Proposals shall be submitted no later than the date and time provided in this RFP. Late Proposals will not be accepted. It is the Offeror’s responsibility to ensure that Proposals arrive at the appointed location, date and time. Proposals may be delivered early to avoid any possible delay of the submission. b) If an Offeror desires to change a proposal that already has been submitted, the change may be made by a signed letter that refers to the RFP and addendum number(s). The letter must be received at the designated place, prior to the hour and date specified for receipt of proposals in the amended RFP. c) PROPOSALS RECEIVED AFTER THE DEADLINE SHALL BE CONSIDERED NON- RESPONSIVE. Proposal submittals shall be date and time-stamped by the City’s office that is designated to receive proposals. A public log will be kept of the names and submittal times of all Offerors who submitted proposals. d) The Chief Procurement Officer shall review the proposals for completeness and compliance with the mandatory requirements prior to distribution to the Evaluation Committee. If any proposal submitted is deemed non-responsive, the Offeror will be notified in writing of such determination which will include the right of the Offeror to protest the decision. The Chief Procurement Officer shall designate a witness to be present during the opening of the proposals. The witness and Chief Procurement Officer shall sign the “List of Offerors” for the procurement file. 5. Proposal Evaluation During the Proposal Evaluation, the Evaluation Committee will convene to discuss and score Proposals and shall be recorded on the Master Score sheet. Once the interviews (if held), have been completed, the Cost Proposal sealed envelope will be opened, reviewed and points will be added to the Master Evaluation Score sheet then finalized. 5/23/2019 Legal Committee --26-- City of Roswell, New Mexico  A Tabulation Sheet will be created to outline the individual Offerors total average points and ranking. Note: The Evaluation Committee reserves the right to hold interviews. The number of interviews, if held, will be at the discretion of the Evaluation Committee. The Evaluation Committee reserves the right to award the contract without interviews. If interviews are not held, the decision shall be documented for the procurement file. Interviews If interview(s) are to be held, the date, time, and location of the Interview meeting will be included with the notice to those Offerors selected for interview. A list of questions shall be distributed to the Offerors. 6. Recommendation of Award to Legal Committee The Evaluation Committee shall prepare an evaluation report and a recommendation to the City Council for award of this RFP to any proposals achieving a score of 80 points or greater. The recommendation shall include the total scores and ranking of all Offerors. 7. Recommendation of Award to City Council If approved at Legal Committee, the evaluation report and award recommendation shall be presented to the City Council for award of the Project. In the event that more than one event is recommend, the City Council will determine whether to award each recommended event individually. The Council shall be under no obligation to award any event recommended by the Committee and shall award or deny each event in its complete discretion. 8. Notice of Award Upon approval of Recommendation of Award by City Council, the Procurement Manager shall issue the Notice of Award and the City Manager or designee shall contact the winning Offeror(s) in order to initiate contract negotiations. 9. Contract Negotiations / Execution The City reserves the right to enter into negotiations with the recommended 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 Master Evaluation Score sheet then finalized. The score sheets for each of the Offerors will be tallied which include all criteria items 5/23/2019 Legal Committee --27-- City of Roswell, New Mexico 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 30 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, experience, and appropriateness to execute the proposed event. DEMONSTRATED RESULTS 10 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. Finally, the evaluation committee will consider the overall feasibility of executing the event as proposed. MARKETING PLAN 5 Points 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) 10 Points Cost 40 Points Offerors who propose plans that will result in net profit to the City will be provided with the highest number of points. An offeror who proposes to provide the City with a no cost may be awarded no more than half of the possible points. Offerors who propose an event that would result in a net financial loss for the event to the City will receive no points. TOTAL POSSIBLE POINTS: 125 POINTS 5/23/2019 Legal Committee --28-- City of Roswell, New Mexico  PART III: SCOPE OF WORK / SPECIFICATIONS I. General A. City’s Intent 1. The City of Roswell’s Spring River Park and Zoo (the “Spring River Park”),is seeking sealed proposals for an Offeror to develop, advertise, organize and hold family- friendly events, with appropriate support from the City, to encourage interest from City residents and visitors from surrounding cities and beyond, 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 II. Statement of Work A. General 1. The Offeror shall develop, organize, market, and hold an events at the Spring River Park. 2. The Offeror shall be responsible for furnishing all equipment, materials and labor associated with holding the event, including set up, tear down and clean up. 3. The City will provide access to the Spring River Park and its facilities in order to hold the events. 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: a. creating and setting up all displays, exhibits or other installations, including soliciting sponsors to cover costs for such displays; 5/23/2019 Legal Committee --29-- City of Roswell, New Mexico  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 be fully responsible at the completion of the event for returning the Spring River Park and all associated facilities to their pre-event condition within a reasonable time, as determined by the City. 6. Offeror shall be responsible for reimbursing all expenses of the City in supporting the event, including any and all in-kind services provided by the City, according to the City’s Special Events Policy. Offeror shall be fully responsible for damage to any City facilities, equipment, fixtures or personal property resulting from the Offeror’s activities. 7. The City shall charge the Offeror a daily rental fee in the amount of $___________ for each day the Offeror occupies the Spring River Park, including pre-event set-up and post-event clean-up. 8. Offeror shall maintain precise 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. The City shall have the right to review all records pertaining to this Event, and Offeror will be required to compile records to the satisfaction of the City. 9. 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 will permit Offeror use of the Spring River Park and associated facilities during the event, subject to the direction and control of the City’s Spring River Park staff. . Offeror shall ensure that all rules and instructions regarding the use of the Spring River Park are complied with. The City will have the right to prohibit the use of any part of the Spring River Park at any time should any concern about the safety or proper use of the Park facilities arise. Offerors will be given notice and a reasonable opportunity to remedy any safety issue. 2. 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, and after the event for clean-up. 5/23/2019 Legal Committee --30-- City of Roswell, New Mexico  3. 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. 4. The Offeror may apply for Lodger’s Tax funding separately for financial support for the event. 5. 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. 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, according to the procedures, requirements and costs set forth in the City’s Special Events Policy. a. The Offeror shall submit in advance of the event requests for all services and City property that the Offeror intends to use in connection with the event, according to the procedures of the Special Events Policy b. The City shall be under no obligation to provide any particular in-kind services and shall review each request for in-kind services and grant or deny each request in its complete discretion. 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 $1,000,000 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. 5/23/2019 Legal Committee --31-- City of Roswell, New Mexico