Legal Committee

LEGAL COMMITTEE MEETING AGENDA Thursday, December 17, 2020 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: George Peterson, Ward 4 Members: Jason Perry, Ward 2 Barry Foster, Ward 5 Staff Liaison: Parker W. Patterson CALL TO ORDER ROLL CALL APPROVAL OF AGENDA APPROVAL OF MINUTES Approval of the minutes from the Legal Committee meeting on October 22, 2020. (page 3) REGULAR ITEMS 1. NMDOH Lease - Consider recommending approval to authorize the New Mexico Department of Health, Public Health Division, to renew their lease agreement on Building # 611. (page 8) 2. Wayfinding Agreement – Consider recommending approval of a Wayfinding Signage Consulting Services Agreement with Groundwork Studio. (page 19) 3. National Purchasing Partners Intergovernmental Agreement– Consider recommending approval of an Intergovernmental Agreement with Nation Purchasing Partners. (page 20) 4. Department Reports (page 26) (A) City Clerk (B) Legal (C) Safety 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 20-26. 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. 12/17/2020 Legal Committee --1-- City of Roswell, New Mexico 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, December 11, 2020 TO ATTEND THE LEGAL COMMITTEE MEETING BY GO-TO-MEETING Thu, December 17, 2020 4:00 PM - 5:00 PM (MDT) Please join my meeting from your computer, tablet or smartphone. https://global.gotomeeting.com/join/994272373 You can also dial in using your phone. United States: +1 (872) 240-3412 Access Code: 994-272-373 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotomeeting.com/install/994272373 Help desk - 500-0587 Public are encouraged to participate electronically through the goto meeting app and physically not attend during the pandemic. 12/17/2020 Legal Committee --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, October 22, 2020 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 20-26. ROLL CALL The meeting convened at 4:01 p.m. with Chair Stubbs presiding, Councilors Foster, and Perry being present, and Councilor Peterson being absent. Staff present: Daniel Fuller, Matt Miller, Stephanie Mervine, Juan Fuentes, Dennis Kintigh, Trent Moore, Savino Sanchez, Abraham Chaparro, Juan Oropesa, Jeff Bechtel and Sharon Coll. Guests present: Isaac Sheets, Grace Sanchez, Bob Wooley and Rita Kane Doerhoefer. APPROVAL OF AGENDA Councilor Perry moved to approve the October 22, 2020, Legal Committee meeting agenda with the change to move Items #5, #6, and #7 under Item #1. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. APPROVAL OF MINUTES Councilor Perry moved to approve the September 24, 2020, Legal Committee minutes. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. REGULAR ITEMS 1. RAC Agreements A. Carlton Walker, an individual – Scott Stark stated Carlton Walker leases the hangar for the purpose of aircraft storage and maintenance. Carlton Walker has been a customer since November 1988. New rent amount $205.00 monthly; $2,460.00 annually. Rent adjustment is 2.5%. Term: December 1, 2020 through November 30, 2021. Consider recommending approval to authorize Carlton Walker, an individual, to renew his current lease agreement on “T” Hangar No. 119, Space 1. Councilor Perry moved to recommend to full City Council on the consent agenda. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. B. David Stevens & Kurt J. Richardson, individuals, – Scott Stark stated David Stevens and Kurt J. Richardson, lease the Building No. 91, Space C for the purpose of aircraft storage and maintenance. David Stevens and Kurt J. Richardson have been a customer since November 1999. New rent amount is $883.00 monthly; $10,596.00 12/17/2020 Legal Committee --3-- City of Roswell, New Mexico  annually. Rent adjustment is 3%. Term: December 1, 2020 through November 30, 2021. Consider recommending approval to authorize David Stevens and Kurt J. Richardson, as individuals, to renew their current lease agreement on a portion of Building No. 91, Space C. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. C. Kent Goodman, an individual, – Scott Stark stated Kent Goodman leases a portion of Building No. 1164 for the purpose of storage. Kent Goodman has been a customer since November 2016. New rent amount is $112.00 monthly; $1,344.00 annually. Rent adjustment is 3%. Term: December 1, 2020 through November 30, 2021. Councilor Perry moved to recommend to full City Council on the consent agenda with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. D. Alien City Dragway, LLC – Scott Stark stated Alien City Dragway, LLC, leases an area of land for the purpose of operating a drag strip. Alien City Dragway has been a customer since November 2016, this is the fourth of four one (1) year options for lease property at ROW. New rent amount is $557.00 monthly; $6,684.00 annually. Rent adjustment is 3%. Term: December 1, 2020 through November 30, 2021. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. E. GenAir NM, LLC, – Scott Stark stated GenAir NM, LLC, leases Building No. 732 and adjacent land for the purpose of office space and storage. GenAir NM LLC, has been a customer since November 2011. New rent amount is $733.00 monthly; $8,796.00 annually. Rent adjustment is 2.88%. Term: December 1, 2020 through November 30, 2021. Councilor Perry moved to recommend to full City Council on the consent agenda with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. F. GenAir NM, LLC – Scott Stark and Isaac Sheets stated GenAir NM, LLC requests the area of land, six acres, more or less, for the purpose of operating an aircraft demolition facility. GenAir NM LLC, has been a customer since November 2011. Rent amount is $1,500.00 monthly; $18,000.00 annually for the first year, thereafter rent will increase annually by 3.0% or the latest 12-month percentage change in CPI-U, whichever is greater. Term: December 1, 2020 and ending November 30, 2030. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. G. Tom Wadsworth – Scott Stark stated Tom Wadsworth leases “T” Hangar Building No. 119, Space 3 and Space 4 for the purpose of aircraft storage and maintenance. Tom Wadsworth has been a customer since November 1992. New rent amount is $398.00 ($205.00 for Space 3, and $193.00 for Space 4); $4,476.00 annually. Rent adjustment is 12/17/2020 Legal Committee --4-- City of Roswell, New Mexico  2.5%. Term: December 1, 2020 through November 30, 2021. Councilor Perry moved to recommend to full City Council on the consent agenda with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 2. J&A Recycling Franchise Ordinance 20-XX – Parker Patterson stated J & A Recycling, LLC is seeking a nonexclusive franchise from the City in order to engage in collection and recycling services for solid waste within the City. The Franchise Ordinance would be effective for 25 years, but J & A’s right to engage in the franchise is contingent upon executing a written agreement with the City specifying the terms and scope of J & A’s activities. Councilor Perry moved to consider recommending to City Council approval to advertise and hold a public hearing on Ordinance 20-XX granting a recycling collection services franchise to J & A Recycling, LLC. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 3. J&A Recycling, LLC Franchise Agreement – Parker Patterson stated J &A is currently under a three-month interim agreement permitting it to begin operations, with the intention of entering into the proposed Franchise Agreement upon entry into force of the Franchise Ordinance. If enacted, the Franchisee would be required to remit commission of 7% of gross receipts from recycling services to the City. The Agreement would provide for an initial five- year right to operate, with four additional options to renew. Councilor Foster moved to send to full City Council with the following change:  On page 59 Exhibit C: Insurance, uncheck the box for Worker’s Compensation Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 4. J&A, LLC Equipment Lease Agreement – Parker Patterson stated J & A Recycling has an interim agreement with the City to provide refuse collection and recycling services to the citizens of the City. In order to operate, J & A has requested to use certain City equipment at its business located at 6367 East Clovis Highway. In order to assist J & A commence operation, the City has offered to lease the requested equipment to J & A at a reasonable rate. The subject equipment and rates are set forth in Exhibit A of the Agreement. The City is further requiring that J & A obtain insurance and provide a security deposit in order to protect the City’s property. The initial term of the lease will be for one year, with two additional options to renew. The City is committing to deliver the property to J & A’s operation site, but J & A will be responsible for installing the equipment. Councilor Perry moved to not send to full City Council the revised Equipment Lease Agreement with the following changes:  Page 65 Paragraph 4; remove entire paragraph  Page 65 Paragraph 5; J&A Recycling hall; change hall to shall  Page 66 Paragraph 9; …for the purpose baling…, add “of” after purpose  Page 76, Exhibit A: Equipment Rental Rates; Concrete Barriers: 8 Concrete Barriers $25/month 12/17/2020 Legal Committee --5-- City of Roswell, New Mexico  Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. Parker Patterson passed out a revised Equipment Lease Agreement “see attached”. 5. Ergon Lease Agreement – Parker Patterson stated Ergon Asphalt & Emulsions, Inc. currently leases 13. 3974 acres of real property located between Earl Cummings Loop and G Street pursuant to a lease inherited from Western Emulsions in December 2016. Ergon currently pays $1,030.47 per month. The existing lease will expire February 28, 2028. Ergon wishes to expand its facility at the property but seeks a longer commitment from the City to make its investment worthwhile. As an alternative to selling the land to Ergon, the parties have discussed entering into a 15-year lease with termination for- cause only. Financial terms of the lease agreement are currently subject to negotiations between the parties. The City Attorney is participating in the negotiation and drafting of the proposed new Lease Agreement. Councilor Perry moved to refer to the Finance Committee meeting in November with Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 6. RFP 21-001 Award: Event Management Services to In Depth Events, Inc. – Stephanie Mervine stated RFP 21-001 sought an experienced Event Management Services Company to plan, organize and execute the City’s core annual UFO Festival event in various areas and venues, indoors and outdoors that will take place with the City. The RFP was open from September 15, 2020 to September 29, 2020. There were two proposals submitted, by In Depth Events, Inc. of McKinney, TX and The Liberty Inc. of Roswell, NM. After consideration, the Evaluation Committee recommended award of this RFP to In Depth Events, Inc. $40,000 per year for the scope of work as outlined. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 7. RFP 21-002 Award: Emergency Ambulance Services – Daniel Fuller stated the RFP opened on October 13, 2020. Two proposals were received from American Medical Response Ambulance Service and Superior Ambulance Service. Both were responsive and reviewed by the evaluation committee, which recommends award of the RFP to American Medical Response Ambulance Service. The FY2021 Fire Department budget is funding this project. Councilor Foster moved to recommend to full City Council on the consent agenda with Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Peterson being absent. 8. 2021 Legal Committee Meeting Dates – Parker Patterson stated that the current regular meeting time is the fourth Thursday of each month at 4:00 PM. With the exception of November and December 2020. Those dates are Thursday, November 18, 2021 and Thursday, December 16, 2021. No action taken – no votes made. 9. Governing Body Rules of Order – No action taken- no votes made. 12/17/2020 Legal Committee --6-- City of Roswell, New Mexico 10. Department Reports – City Clerk, Legal Department and Safety. Discussion only, no action taken CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Isaac Sheet and Rita Kane Doerhoefer, Bob Wooley spoke with regards to the J & A items. GOTOMEETING PARTICIPATION ADJOURN The meeting adjourned at 5:30 p.m. 12/17/2020 Legal Committee --7-- City of Roswell, New Mexico  AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, December 17, 2020 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 NMDOH Lease ACTION REQUESTED: Consider recommending approval to authorize the New Mexico Department of Health, Public Health Division, to renew their lease agreement on Building # 611. BACKGROUND: Initiated by: Scott Stark The New Mexico Department of Health, Public Health Division, leases the Building #611 for the purpose of working with individuals, families and communities in New Mexico to improve health. The Lease is for a 5 year term commencing February 1, 2021, with 3 additional 5 year options to renew. FINANCIAL The New Mexico Department of Health, Public Health Division, new CONSIDERATION: rent amount $56,352.00 quarterly; $225,408.00 annually year one. LEGAL REVIEW: The City Attorney has reviewed the proposed Lease. Leases generally require approval by a majority of the City Council. BOARD and/or The December 17, 2020 meeting of the Legal Committee will be the COMMITTEE ACTION: first consideration of this proposed Lease. STAFF Consider recommending approval to authorize the New Mexico RECOMMENDATION: Department of Health, Public Health Division, to renew their lease agreement on Building # 611. 12/17/2020 Legal Committee --8-- City of Roswell, New Mexico THIS LEASE executed in Roswell, New Mexico on this 14th day of January 2021 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, and NEW MEXICO DEPARTMENT OF HEALTH, PUBLIC HEALTH DIVISION, DISTRICT FOUR, an instrumentality of the State of New Mexico, 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 #611 consisting of 18,784 square feet, more or less, and grounds for parking located at 9 East Challenger, Roswell, NM, a part of the Roswell Air Center, identified on a plat attached hereto and made a part hereof, identified and listed as Exhibit "A" (the premises). 2. TERM. The Lease term is for five (5) years, commencing on February 1, 2021 and ending January 31, 2026 unless sooner terminated by provision hereof. This Lease may thereafter be renewed for up to three (3) additional periods of 5 years each, upon mutual written agreement of the Parties. Each renewal period shall be governed by the same terms and conditions hereof, except as may be otherwise agreed in writing by the Parties. Initial term and any renewal terms shall not exceed 20-years. 3. RENT. Tenant agrees to pay to Landlord as rent ONE MILLION, ONE HUNDRED NINETY-SIX THOUSAND SEVEN HUNDRED TWENTY DOLLARS AND NO CENTS ($1,196,720.00) payable as follows: Year one, TWO HUNDRED TWENTY-FIVE THOUSAND, FOUR HUNDRED EIGHT DOLLARS AND NO CENTS ($225,408.00), payable in four quarterly installments of $56,352.00. Year two, TWO HUNDRED THIRTY-TWO THOUSAND, ONE HUNDRED SEVENTY DOLLARS AND NO CENTS ($232,170.00), payable in four quarterly installments of $58,042.50. Year three, TWO HUNDRED THIRTY-NINE THOUSAND, ONE HUNDRED THIRTY-FIVE ($239,135.00) payable in four quarterly installments of $59,783.75. Year four, TWO HUNDRED FOURTY-SIX THOUSAND, THREE HUNDRED NINE DOLLARS AND NO CENTS ($246,309.00) payable in four quarterly installments of $61,577.25. Year five, TWO HUNDRED FIFTY-THREE THOUSAND, SIX HUNDRED NINETY-EIGHT DOLLARS AND NO CENTS ($253,698.00) payable in four quarterly installments of $63,424.50 Rent and other fees are due on the first day of February, May, August and November. If Tenant fails to pay all rent and other fees due for any quarter by the tenth calendar day of the month that said rent and fees are due, Tenant shall pay to Landlord an additional 2% finance charge, as a penalty, each month until the full amount of that month’s rent is paid. This penalty shall be immediately payable without limiting Landlord in the exercise of any other right or remedy to which it may be entitled by reason of Tenant’s failure to pay rent when due. All rent shall be paid to Landlord without abatement, reduction or set off of any kind except as herein specifically provided. 4. SECURITY DEPOSIT. None 12/17/2020 Legal Committee --9-- City of Roswell, New Mexico  5. CONDITION OF PREMISES. Tenant agrees that it inspected the above-described property and all improvements located thereon; that it is receiving same in good repair and condition except as noted; and that, at the expiration of the term hereof, Tenant agrees to yield up and deliver the leased premises to Landlord in as good repair and condition as when entered upon, except for loss resulting from ordinary use and wear. All noted conditions shall be rectified prior to the inception of this lease or within ninety days thereafter. 6. MAINTENANCE. a. Tenant accepts responsibility and compliance with City standards for the maintenance and upkeep of the interior or the leased premises and agrees to maintain it at its sole cost and expense. b. Landlord shall maintain and replace when necessary all plumbing, wiring, glass, heating, air conditioning, and other similar fixtures and equipment located on or in any portion of the above-described property or buildings located thereon. 7. UTILITIES. During the term hereof, Landlord shall pay all electricity, gas, water, trash removal and sewer utilities. Tenant shall pay any other utilities used on the Premises. 8. EQUIPMENT AND IMPROVEMENTS. a. Except as otherwise provided herein, Tenant shall have the right to install such equipment as may be necessary for the conduct of its business on the Premises; and at the expiration or termination of the Lease Tenant shall have the right to remove all of such equipment installed by Tenant that is removable without damage to the Premises. b. Tenant shall not make, suffer or permit to be made, any major additions, alterations or improvements on the Premises (including but not limited to, installing carpeting, air conditioning, painting, or attaching anything to the walls other than by plug-in) without first obtaining the written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion. In the event that the consent is given and Tenant makes any major alterations, additions or improvements, such work shall be done in such a manner that no mechanic’s lien, materialman’s lien or other lien of any kind shall be created against or imposed upon the Premises or any part thereof. At the expiration or termination of this Lease such improvements shall become the property of Landlord and the value thereof will not be offset against any amounts claimed by Landlord as owing under the terms of this Lease, or, upon written demand by Landlord, Tenant shall, at Tenant’s sole cost and expense, forthwith and with all due diligence, remove any alterations, additions, or improvements made by Tenant pursuant to this Paragraph 8. Tenant agrees to bear all costs and expenses incident to the occupancy and maintenance of the structure and improvements placed therein including snow clearance. 9. INSURANCE. Tenant shall maintain in full force and effect a policy or policies of general public liability insurance against claims for injury, death or damage to persons or property occurring upon, in or about the Premises, in such limits as set forth in the New Mexico Tort Claims Act or as may be amended. Tenant shall provide Landlord written evidence of this insurance within thirty (30) days of the effective date of the Lease. 10. DAMAGE OR DESTRUCTION OF PREMISES. a. In the event the Premises are damaged by fire or other perils or casualty covered by fire and extended coverage insurance, Landlord may, in its sole and absolute discretion, repair or rebuild the same within a reasonable time after the event causing such damage. This Lease shall remain in full force and effect, except that Tenant shall be entitled to a proportionate reduction of the rent from the date of damage and while 12/17/2020 Legal Committee --10-- City of Roswell, New Mexico such repairs are being made, such proportionate reduction to be based upon the extent to which the damage and making of such repairs shall reasonably interfere with the business carried on by Tenant in the Premises as determined by Landlord. If the damage is due to the fault or neglect of Tenant or its employees, as determined by Landlord in its sole discretion, there shall be no reduction of rent. Landlord may authorize or direct construction of an alternative structure or may elect to retain any insurance proceeds received by it if Landlord deems reconstruction or construction of an alternative structure to be impractical or unreasonable in its sole discretion. b. In the event the Premises are damaged to any extent as a result of any cause other than the perils covered by fire and extended coverage insurance, Landlord shall in its sole discretion have the option to: (1.) to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage, in which case this Lease shall continue in full force and effect, but the rent shall be proportionately reduced as provided above in 11a. during the period of such repair, reconstruction or restoration, or (2.) to give notice to Tenant at any time within sixty (60) days after such damage occurs, terminating this Lease as of the date specified in such notice, which date shall be no more than thirty (30) days after the giving of such notice. In the event of giving to Tenant such notice of termination, this Lease shall terminate and all interests of Tenant in the Premises shall cease on the date so specified in such notice and Tenant shall pay the rent, as proportionately reduced, based upon the extent, if any, to which such damage interfered with the business carried on by Tenant in the Premises, up to the date of such termination. c. With regard to Landlord’s duty or option to repair, reconstruct or restore the Premises within a reasonable time of the event causing the damage as provided in 11a. and b. above, Landlord shall act promptly and with due diligence, but Landlord shall not be responsible for delays caused by factors beyond Landlord’s control, including but not limited to delays because of strikes, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other authority to act in a timely manner, or delays caused by contractors. If such delays occur, Tenant agrees that Landlord shall not be responsible for damages, nor shall Landlord be deemed to be in default under this Lease. d. Landlord shall not be required to repair any damage by fire or other casualty, or to make any repair or replacements of any leasehold improvements, fixtures, or other personal property of Tenant. 11. LIABILITY. Landlord shall not be liable to Tenant or to Tenant’s employees, customers, visitors or any other person or entity for any death or injury or damage to person or property arising from any cause whatsoever which shall occur in any manner in or about the Premises in connection with, or arising out of Tenant’s operations and use of the Premises. 12. CONDEMNATION OR GOVERNMENTAL TAKING. In the event that the Premises or any portion thereof shall be condemned for public or quasi-public purpose, or shall be taken by any governmental authority in any manner whatsoever during the term hereof, the parties hereto agree to the following: a. In the event that the Leased Premises shall be totally condemned or taken, or condemned or taken so as to render the remainder thereof unusable for purposes for which said Premises was leased, this Lease shall terminate as of the effective date of such condemnation or taking. b. In the event that a portion of the leased Premises is condemned or taken, but such condemnation or taking does not render the remainder thereof unusable for the purposes for which the Premises was leased, Tenant’s obligation under this Lease shall continue in full force and effect, but the amount of rent 12/17/2020 Legal Committee --11-- City of Roswell, New Mexico payable by Tenant shall be reduced in the proportion which the portion of the leased Premises condemned or taken bears to the total area of the leased Premises. In such event, Tenant shall bear any necessary costs of relocating its equipment and placing the remaining Premises in proper and usable condition. c. In the event of total or partial condemnation or taking of the leased Premises as aforesaid, all compensation awarded or paid upon a total or partial taking of the Premises shall belong to Landlord and Tenant shall have no right or cause of action against Landlord; provided, however that Tenant shall be entitled to participate in any award to the extent that such award includes the loss, if any, sustained by Tenant as a result of the termination of this Lease or diminution of its leasehold estate and the value of any fixtures condemned or taken if such fixtures were installed by Tenant and are located upon the Premises at the time of such condemnation or taking. Tenant reserves the right to proceed independently of Landlord with any claim for compensation for damages to which Tenant may become entitled by reason of such total or partial condemnation or taking. 13. CONDITIONS OF DEFAULT. If at any time during the term of this Lease, Tenant shall: a. Default in the payment of any installment of rent or any other sums specifically to be paid by Tenant hereunder and such default shall not have been cured within ten (10) days after Landlord shall have given to Tenant written notice specifying such default; or b. Default in the observance of any of the Tenant’s covenants, agreements or obligations hereunder, other than the covenants to pay rent or any other sum herein specified to be paid by Tenant, and such default shall not have been cured within thirty (30) days after Landlord shall have given to Tenant written notice specifying such default; provided, however, that if the default complained of shall be of such nature that he same cannot be completely remedied or cured within such thirty (30) day period, then such default shall not be an enforceable default against Tenant for the purposes of this paragraph if Tenant shall have commenced curing such default within such thirty (30) day period and shall proceed with reasonable diligence and in good faith to remedy the default complained of; or c. Finally, and without further possibility of appeal or review (1.) be adjudicated bankrupt or insolvent, (2.) have a receiver or trustee appointed for all or substantially all of its business or assets, or (3.) suffer an order to be entered approving a petition filed against Tenant seeking reorganization of Tenant under the Federal Bankruptcy laws or any other applicable law or statute of the United States or any state thereof; or d. Make an assignment for the benefit of its creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking reorganization or arrangement under the Federal Bankruptcy law or other applicable law or statute of the United States or any state thereof, or shall file a petition to take advantage of any insolvency act or shall assent to the appointment of a receiver or trustee of all or a substantial part of its business and property; or e. Leave the Premises vacant or deserted for a period of ten (10) consecutive days without prior Landlord written consent; or f. Use the Premises for purposes other than those set forth in Paragraph 18 hereof, of fail to use the Premises for any purpose for a period of sixty (60) consecutive days and such lack of use shall continue for thirty (30) days after Landlord has given Tenant written notice specifying the default. 12/17/2020 Legal Committee --12-- City of Roswell, New Mexico  14. REMEDIES OF LANDLORD FOR DEFAULT. If Tenant is in default of this Lease, then Landlord shall have the following remedies: a. Landlord may sue to collect any and all sums which may accrue to Landlord by virtue of the provisions of this Lease and/or for any and all damage that may accrue by virtue of the breach of this Lease, Tenant hereby waiving all demands for rent; b. Landlord may sue to restrain by injunction any violation or threatened violation of the covenants, conditions or provisions of this Lease; c. Landlord may, without further notice to Tenant and without further demand for rent due or for the observance or performance of any of said terms, conditions or agreements, immediately re-enter the Leased Premises by force or otherwise, without being liable therefor, and remove all persons and property therefrom, using such force as may be necessary. If this Lease shall be terminated before its expiration by reason of Tenant’s default, or if the Tenant shall abandon or vacate said Premises before the expiration of the term of this Lease. d. If Tenant shall at any time be in default in fulfilling any of the covenants of the Lease, Landlord may, but shall not be obligated so to do, and without notice to or demand upon Tenant, take or cause to be taken such action or make such payment as may be required by such covenant, at Tenant’s risk and expense, and all expenses, costs and liabilities of Landlord incurred under this paragraph shall be deemed additional rent hereunder and shall be payable to Landlord on demand together with interest thereon at the rate of fifteen percent (15%) per annum. e. The remedies of Landlord hereunder shall be cumulative and not exclusive of any other remedy hereunder or to which Landlord may be lawfully entitled. The failure of Landlord to insist upon strict performance of any of the covenants of this Lease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such or any other covenant or option, nor shall the receipt by Landlord of rent with knowledge of any default by Tenant, or any other action of Landlord except a waiver expressed in writing signed by Landlord, be deemed a waiver of such default, nor shall the acceptance of any sum of rental less than the sum provided for in this Lease alter the rental terms hereof or absolve Tenant from its obligation to pay the full rental herein provided, but the acceptance of any lesser sum than the full rent herein stipulated shall be an acceptance of the amount paid on account of the full rent due. 15. BANKRUPTCY. If Tenant should be adjudged bankrupt, either voluntarily or involuntarily, Landlord shall have the option to pursue with the Court having jurisdiction all remedies to which Landlord may be entitled in law or equity. In no event shall Tenant’s interests in this Lease be deemed to be an asset of Tenant. 16. USE OF THE PREMISES. a. Tenant shall use the Leased Premises solely for the purpose of working with individuals, families & communities in New Mexico to improve health, together with such other related uses as shall be reasonably incidental thereto, and for no other purposes, and it shall not use the Leased Premises for any purpose prohibited by the laws of the United States and the State of New Mexico. Tenant shall be bound by the Roswell City Code or as may be amended from time to time and all applicable policies and procedures of the Roswell Air Center “ROW”. b. Proper disposal of trash, fluids, parts, hazardous or contaminated waste or materials of 12/17/2020 Legal Committee --13-- City of Roswell, New Mexico whatsoever kind, type or description generated on or as a part of Tenant’s occupancy of the Premises is the sole and absolute responsibility of Tenant. Tenant shall comply with all Federal, State and local regulations, laws and ordinances of the City of Roswell in disposal of any such materials. Improper disposal of trash, fluids, parts, hazardous or contaminated waste or materials of whatsoever kind, type or description generated on or as a part of Tenant’s occupancy of the Premises shall be grounds for the immediate Lease termination with or without process of law. Tenant represents to Landlord that it has not released any hazardous materials at or contaminated the leased premises c. Tenant shall operate its business in such a manner as to prevent the performance of any act or creation or maintenance of any thing which, in the opinion of Landlord, is or may become a nuisance or otherwise noxious or objectionable condition including, but not limited to, any act or thing resulting in noise, vibration, shock, smoke, dust, odor or other forms of air pollution, or other condition, substance or element in such amount as to affect areas surrounding or adjoining the Premises. Landlord shall be the sole and reasonable judge as to whether or not any act done or thing created or maintained by Tenant on the Premises is or may become a nuisance or otherwise noxious or objectionable condition, and Tenant agrees to abide by Landlord’s decision and act in accordance with its directions with respect thereto. d. Landlord reserves the right to take any action it considers necessary to protect the aerial approaches to the ROW airport against obstruction, and together with the right to prevent Tenant from erecting or permitting to be erected any building or other structure on the Premises which, in the opinion of Landlord, would limit the usefulness of the airport or constitute a hazard to aircraft or conflict with a current restriction or master plan. 17. NONDISCRIMINATION PROVISIONS. Tenant shall use the Premises in compliance with all requirements imposed by or pursuant to Nondiscrimination in Federally Assisted Programs of the Department of Transportation 49 CFR 21. Landlord shall itself comply with these requirements in its leasing activities. 18. DOMINANT PROVISIONS. The parties acknowledge that the Leased Premises are a part of ROW and are therefore subject to the provisions of the Indenture between the United States of America and the City of Roswell, dated 24 January 1968, and filed for record in Book 248, Page 901, Office of the County Clerk, Chaves County, New Mexico and any other agreements or understandings. The provisions of the above described indenture are hereby incorporated herein by reference and accepted as binding by the parties hereto. 19. ACCESS TO INSPECTION OF PREMISES. Upon giving reasonable notice to Tenant, Landlord and the Federal Aviation Administration, their agents, or contractors may enter upon the Premises during Tenant’s regular business hours and have free access to all buildings and other improvements located thereon for the purpose of inspecting the condition thereof or exercising any right or power reserved to Landlord or the Federal Aviation Administration under the terms and provisions of this Lease. 20. ASSIGNMENT AND SUBLEASE. Tenant shall not assign this Lease, in whole or in part, nor sublet all or any part of the Premises. 21. HOLDOVER. In the event Tenant remains in possession of Premises after the expiration or termination of this Lease, Tenant shall be deemed a tenant from month to month only, at the rental provided for in this Lease and Tenant’s occupancy shall be governed in all other provisions hereof, except as to the duration of the term, by the provisions of this Lease. 12/17/2020 Legal Committee --14-- City of Roswell, New Mexico  22. INTERPRETATION OF LEASE AGREEMENT. Nothing in this Lease Agreement shall be construed or interpreted as limiting, relinquishing or waiving of any rights of ownership enjoyed by Landlord in the Premises; or waiving or limiting Landlord’s authority or control over the management, operation or maintenance of property, except as specifically provided for in this Lease Agreement; or impairing governmental rights and police powers of Landlord. 23. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience and in reference and are not intended to define or limit the scope of any provision of this Lease. 24. NOTICES. a. All notices, requests or other communications to Landlord shall be given by regular and certified mail addressed to the following: Air Center Director 1 Jerry Smith Circle Roswell, NM 88203 b. All notices, requests or other communications to Tenant shall be given by regular and certified mail addressed to the following: State of New Mexico General Services Department, Facilities Management Division Attn: Asset Management Bureau, Leasing PO Box 6850 Santa Fe, NM 87502 With a copy to: New Mexico Department of Health, Public Health Division, District Four, SE Region Director James Masters 9 E. Challenger Roswell, NM 88203 575-347-2409 ext. 6227 25. EFFECT. The terms and provisions hereof shall extend to and be binding upon the successors and assigns of the parties hereto. 26. WAIVERS. One or more waivers of any covenant, term or condition of this Lease shall not be construed as a waiver of a subsequent default or breach of the same covenant, term or condition. The consent or approval by either party to or of any act by the other party requiring such consent or approval shall not be deemed to waive or render unnecessary consent to or approval of any subsequent similar act. 27. GOVERNING LAW; VENUE. This Lease and the rights and obligations of the parties hereunder shall be shall be governed by New Mexico law. Any suit brought by either party regarding this agreement or default or breach thereof shall be filed in the courts of Chaves County New Mexico. 28. TERMINATION. This lease shall terminate prior to the end of the term set forth above without penalty to Tenant, upon the occurrence of one or more of the following events: 12/17/2020 Legal Committee --15-- City of Roswell, New Mexico  a. The New Mexico Legislature fails to grant sufficient authority and appropriations to the Tenant to carry out the terms and conditions of this lease; b. The Governor of New Mexico, pursuant to Executive Order, or the New Mexico Legislature, pursuant to statute, eliminates or transfers employees or functions of the Tenant; or c. The State of New Mexico builds a new building or purchases or otherwise acquires and existing building and includes the same square feet in such new or existing facility for the Tenant. Upon the occurrence of one or more of the above events, this lease shall terminate when required by law or upon the Facilities Management Division Director giving the Landlord ninety (90) days written notice, whichever occurs first. Whether one or more of the above events has occurred shall be determined by the Facilities Management Division Director and is final and binding upon the parties to this lease. In addition to the foregoing rights of Landlord to terminate this Lease, the Lease may be terminated by Landlord upon a majority vote of its governing body which shall become effective ninety (90) days following such vote. 29. ENTIRE AGREEMENT AND AMENDMENT. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of the terms thereof, with all negotiations, considerations, and representations between the parties having been incorporated herein. No course of prior dealings between the parties shall be relevant or admissible to supplement, explain, or vary any of the terms of this Lease Agreement. No representations, understandings, or agreements have been made or relied upon in the making of this Lease Agreement other than those specifically set forth herein. This Lease Agreement is the entire Agreement and may be amended only in writing signed by Tenant and approved by Landlord’s Governing Body. [Remainder of Page Intentionally Left Blank; Signature Page Follows] 12/17/2020 Legal Committee --16-- City of Roswell, New Mexico IN WITNESS WHEREOF, this Lease Agreement is executed this __ day of January 2021. LANDLORD: CITY SEAL CITY OF ROSWELL, NEW MEXICO ______________________ Dennis J. Kintigh, Mayor ATTEST: ______________________ Sharon Coll, City Clerk TENANT: DEPARTMENT OF HEALTH By: ______________________________________________Date: ____________________ George D. Morgan, Deputy Director AGENCY LEGAL COUNSEL REVIEW: This Sublease has been reviewed and approved as to form by: By: ______________________________________________Date: ____________________ Joey Wright, General Counsel or Designee Designee Printed Name and Title: _______________________________________________ TENANT: DEPARTMENT OF HEALTH By: ______________________________________________Date: ____________________ Billy Jimenez, Acting Cabinet Secretary, or Designee Designee Printed Name and Title: _______________________________________________ 12/17/2020 Legal Committee --17-- City of Roswell, New Mexico  EXHIBIT “A” PREMISES: Building No. 611, consisting of 18,784 square feet ±. 9 East Challenger Bldg. 611 EXHIBIT “A” 12/17/2020 Legal Committee --18-- City of Roswell, New Mexico  AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, December 17, 2020 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Wayfinding Agreement ACTION REQUESTED: Consider recommending approval of a Wayfinding Signage Consulting Services Agreement with Groundwork Studio. BACKGROUND: Initiated by: Juanita Jennings The City issued Request For Proposal 20-008: Wayfinding (“RFP 20- 008”), on June 21, 2020, seeking professional consulting services to develop a wayfinding signage plan for Roswell. Groundwork Studio submitted a bid to RFP 20-008, which was awarded by the City on October 8, 2020. The City is currently finalizing the scope of work with Groundwork Studio for the proposed Wayfinding Agreement. FINANCIAL The project amount is under discussion with Groundwork Studio. CONSIDERATION: The proposed wayfinding project would be funded from the Public Affairs Department budget, with potential contribution from Lodger’s Tax. LEGAL REVIEW: The City Attorney is working with Groundwork Studios to complete the proposed Agreement. Contracts and agreements generally require approval by a majority of the City Council. BOARD and/or The December 17, 2020 Legal Committee meeting will be the first COMMITTEE ACTION: consideration of this Agreement. STAFF Consider recommending approval of a Wayfinding Signage RECOMMENDATION: Consulting Services Agreement with Groundwork Studio. 12/17/2020 Legal Committee --19-- City of Roswell, New Mexico  AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, December 17, 2020 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 National Purchasing Partners Intergovernmental Agreement ACTION REQUESTED: Consider recommending approval of an Intergovernmental Agreement with Nation Purchasing Partners. BACKGROUND: Initiated by: Lupita Everett National Purchasing Partners is a national cooperative procurement organization based in Seattle, WA offering publicly solicited contracts to government entities nationwide. Contracts are created through a public solicitation by a Lead Public Agency. Members have access to a broad range of publicly solicited contracts along with individual discount programs and negotiated contracts for below threshold purchases. By entering into the proposed IGA, the City will be able to participate in the cooperative and access NPP Gov contracts, potentially leading to cost savings and streamlining procurement procedures. FINANCIAL Access to cooperative contracts is complimentary with no CONSIDERATION: purchasing obligations. LEGAL REVIEW: The City Attorney has reviewed the proposed IGA. Contracts and agreements generally require approval by a majority of the City Council. BOARD and/or The December 17, 2020 meeting of the Legal Committee will be the COMMITTEE ACTION: first consideration of this matter. STAFF Consider recommending approval of an Intergovernmental RECOMMENDATION: Agreement with Nation Purchasing Partners. 12/17/2020 Legal Committee --20-- City of Roswell, New Mexico DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A Intergovernmental Cooperative Purchasing Agreement This Intergovernmental Agreement (Agreement) is by and between the “Lead Contracting Agency” and participating government entities (“Participating Agencies”), that are members of National Purchasing Partners (“NPPGov”), including members of Public Safety GPO, First Responder GPO, Law Enforcement GPO, Education GPO and EMS GPO that agree to the terms and conditions of this Agreement. The Lead Contracting Agency and all Participating Agencies shall be considered as “parties” to this agreement. WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agency has entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPPGov provides group purchasing, marketing and administrative support for governmental entities. NPPGov’s marketing and administrative services are free to its membership, which includes participating public entities and nonprofit institutions throughout North America. WHEREAS, NPPGov has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Master Price Agreements awarded by the Lead Contracting Agency; WHEREAS, the Master Price Agreements provide that all qualified government members of NPPGov may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies; WHEREAS, the parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies; WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs; WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements; 12/17/2020 Legal Committee --21-- City of Roswell, New Mexico DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A NOW, THEREFORE, the parties agree as follows: ARTICLE 1: LEGAL AUTHORITY Each party represents and warrants that it is eligible to participate in this Agreement because it is a local government created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party’s procurement policies. Competitive Solicitations are intended to meet the public contracting requirements of the Lead Contracting Agency and may not be appropriate under, or satisfy Participating Agencies’ procurement laws. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements. ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT a. A “procuring party” is defined as the Lead Contracting Agency or any Participating Agency that desires to purchase from the Master Price Agreements awarded by the Lead Contracting Agency. b. Each procuring party shall be solely responsible for their own purchase of goods and services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation of law or contract by a procuring party, and the procuring party shall hold non-procuring parties and all unrelated procuring parties harmless from any liability that may arise from action or inaction of the procuring party. c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreement. d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or price agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or price agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other solicitation requirements under state law or local policies. 12/17/2020 Legal Committee --22-- City of Roswell, New Mexico DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A ARTICLE 4: PAYMENT OBLIGATIONS The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party. ARTICLE 5: COMMENCEMENT DATE This Agreement shall take effect after execution of the “Lead Contracting Agency Endorsement and Authorization” or “Participating Agency Endorsement and Authorization,” as applicable. ARTICLE 6: TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by a party giving 30 days written notice to “Lead Contracting Agency” ARTICLE 7: ENTIRE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 8: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF “THE LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION” OR “PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION,” AS APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. 12/17/2020 Legal Committee --23-- City of Roswell, New Mexico DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A LEAGUE OF OREGON CITIES ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of the League of Oregon Cities (“Lead Contracting Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the League of Oregon Cities to Participating Agencies locally, regionally, and nationally through NPPGov. Copies of Master Price Agreements and any amendments thereto made available by the League of Oregon Cities will be provided to Participating Agencies and NPPGov to facilitate use by Participating Agencies. The undersigned understands that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies. The undersigned affirms that he/she is an agent of the League of Oregon Cities and is duly authorized to sign this League of Oregon Cities Endorsement and Authorization. ________________________________________ Date:______________ 3/26/2020 BY: ITS: League of Oregon Cities Contact Information: Contact Person: Mike Culley Address: 1201 Court St NE #200, Salem, OR 97301 Telephone No.: 503-588-6550 Email: mculley@orcities.org 12/17/2020 Legal Committee --24-- City of Roswell, New Mexico DocuSign Envelope ID: D3B4CAB0-871C-4962-802D-06ECC64C7B3A PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of ______________ (“Participating Agency”) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by the Lead Contracting Agency to Participating Agencies locally, regionally, and nationally through NPPGov. The undersigned further acknowledges that the purchase of goods and services under the provisions of the Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPPGov shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment. The undersigned affirms that he/she is an agent of __________________ and is duly authorized to sign this Participating Agency Endorsement and Authorization. ______________________________ Date:______________ BY: _________________________ ITS: _________________________ Participating Agency Contact Information: Contact Person: ________________________ Address: ______________________________ ______________________________________ ______________________________________ Telephone No.:__________________________ Email:_________________________________ 12/17/2020 Legal Committee --25-- City of Roswell, New Mexico  AGENDA ITEM NO. 5 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, December 17, 2020 4:00 PM Roswell Convention & Civic Center 912 N. Main St. Meeting Room A, Roswell, NM 88201 Department Reports City departments that provide reports to the Legal Committee are as follows: • City Clerk • Legal • HR • Safety 12/17/2020 Legal Committee --26-- City of Roswell, New Mexico November 2020 Monthly Report – City Clerk’s Office Monthly activities: • Tested panic buttons and confirm proper operation • Activate or deactivate alarm codes for exit or new employees/discuss with IT Director new system • Field and answer calls/questions from the public as needed, including general election calls and COVID-19 • Field and answer calls/questions staff • Process Inspection of Public Records Act requests (total – 25) o Requestors total – 18 o 1 large subpoena – 1 (working on) • Review five (5) standing committee meeting agendas and draft minutes • Post five (5) standing committee meeting agendas and approved minutes • Gather data from the five (5) standing committees to prepare the City Council agenda • Review meeting agendas and draft minutes from the P&Z and Airport Advisory Board. • Review meeting agendas and draft minutes from the other committees and advisory boards beginning their meetings again this month. • Post no meeting or cancellation notices for the following committees: o Commission on Aging o Finance Committee o Legal Committee o Occupancy Tax Board o Parks and Recreation Commission o Pecos Valley Regional Communications Center o Planning and Zoning • Proof and amend abstracts and attachments for the City Council agenda • Post City Council agenda and approved minutes • Review and amend PowerPoints for City Council meeting • Prepare for City Council meeting and Special City Council meeting • Attend City Council meeting and various standing committee meetings • Miscellaneous items as needed and other duties as assigned • Attend various committee meetings to evaluate for coaching • Discussions on GBRO Sharon Coll City Clerk 12/17/2020 Legal Committee --27-- City of Roswell, New Mexico  Legal Department December 2020 Report Litigation Criminal The Legal Department currently has 129 open criminal cases. During the reporting period the Legal Department resolved 6 cases and received 12 new cases from the Municipal Court Civil The Legal Department currently has 10 open civil or administrative matters. Legislative Ordinances During the reporting period the Legal Department is currently working on or recently completed the following ordinances: J & A Recycling, Inc. Franchise Ordinance LMRB Ordinance Chapter 16 Nuisance Ordinance Contracts Review: During the reporting period the Legal Department reviewed 4 contracts or agreements. Draft: During the reporting period the Legal Department drafted or revised 4 contracts or agreements. Other The City Attorney worked with Public Affairs to develop a policy for the City’s Social Media The Legal Department, in concert with Human Resources, is interviewing for a new Deputy City Attorney. 12/17/2020 Legal Committee --28-- City of Roswell, New Mexico  CITY OF ROSWELL PROPERTY INCIDENT REPORTS AS OF NOVEMBER 30, 2020 Costs of Incidents by Department COST COMPARISON 2018 2019 2020 INCIDENT COMPARISONS DEC 2019 -NOV 2020 PREVENTABLE INCIDENTS MONTH 2020 2019 2018 YEARLY DEPT. TOTAL $25,000 JANUARY 6 12 6 FIRE $2,500.00 FEBRUARY 9 6 4 POLICE $12,474.79 MARCH 7 11 5 $20,000 SANITATION $4,412.78 APRIL 4 7 5 WATER MTNC MAY 6 9 4 WWTP $19,612.41 $15,000 JUNE 11 6 9 PARKS $1,832.84 JULY 5 14 3 TOTAL: $40,832.82 $10,000 AUGUST 5 6 6 SEPTEMBER 2 7 2 DEC 2019 - NOV 2020 COSTS OCTOBER 5 14 7 $5,000 YR/MONTH TOTAL AMT NOVEMBER 4 3 10 December-19 $16,341.24 $0 DECEMBER 10 6 January-20 $909.19 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC TOTALS 64 105 67 February-20 $6,669.29 March-20 $415.00 April-20 $0.00 May-20 $5,692.28 YEARLY COMPARISON PREVENTABLE INCIDENTS June-20 $1,074.72 2018 2019 2020 July-20 $6,292.91 August-20 $1,836.92 September-20 $0.00 October-20 $0.00 14 14 November-20 $1,601.27 TOTAL $40,832.82 12 11 11 2020 - YEAR TO DATE 10 10 9 9 9 DEPARTMENT TOTAL AMT AIRPORT $0.00 7 7 7 7 ANIMAL CONTROL $0.00 6 6 6 6 6 6 CEMETARY $0.00 5 5 5 5 5 4 4 4 4 FACILITY MTNC $0.00 3 3 FIRE $0.00 2 GOLF COURSE $0.00 PARKS $1,832.84 POLICE $9,317.21 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC SANITATION $3,729.12 WATER MTNC $0.00 WWTP $9,612.41 TOTAL: $24,491.58 ANIMAL CONTROL 2 CEMETARY 1 2020 - YEAR TO DATE CENTRAL CONTROL 2 25 FIRE 1 GOLF COURSE 2 19 PARKS 3 POLICE 25 SANITATION 19 6 2 1 2 3 3 STREETS 2 1 WATER MTNC 3 WWTP 6 ANIMAL CONTROL CEMETARY CENTRAL FIRE GOLF COURSE PARKS POLICE SANITATION WATER MTNC WWTP TOTAL 64 12/17/2020 Legal Committee --29-- City of Roswell, New Mexico  CITY OF ROSWELL WORKERS COMPENSATION CLAIMS As of NOVEMBER 30 , 2020 WORKERS COMPENSATION CLAIMS 2020 17 7 WORKERS COMPENSATION CLAIM COMPARISON 3 3 MONTH 2020 2019 2018 2017 2016 2 2 2 2 JANUARY 5 5 4 4 6 1 1 1 1 FEBRUARY 5 2 3 4 3 ANIMAL CONTROL FAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS WATER MTNC WWTP MARCH 2 5 1 5 2 APRIL 4 5 6 6 2 WORKERS COMPENSATION CLAIMS 2019 MAY 7 6 4 8 5 JUNE 5 19 4 2 9 JULY 5 13 9 8 7 26 AUGUST 3 6 6 4 25 SEPTEMBER 3 5 6 3 8 OCTOBER 1 6 6 2 14 NOVEMBER 2 2 2 4 3 9 DECEMBER 2 3 2 4 3 3 LOST TIME 15 14 11 19 16 2 1 1 1 2 1 2 NO LOST TIME 27 62 43 29 51 ANIMAL FAC MTNC FINANCE FIRE LIBRARY PARKS POLICE SANITATION STREETS TRANSIT WATER MTNC WWTP TOTAL CLAIMS 42 76 54 48 67 CONTROL WORKERS COMPENSATION CLAIMS 2018 20 10 6 4 3 1 1 2 1 2 1 ANIMAL CEMETARY FAC MTNC FINANCE FIRE PARKS POLICE SANITATION TRANSIT WATER MTNC WWTP CONTROL 12/17/2020 Legal Committee --30-- City of Roswell, New Mexico