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Legal Committee

Regular Meeting

Roswell, NM · September 23, 2021

AgendaMinutes

Minutes

Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, September 23, 2021 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 21-07. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding, Councilor Perry and Councilor Foster being present, Councilor Lopez being absent. Staff present: Robert Contreras, Juan Fuentes, Renee Trujillo, Jeff Bechtel, Scott Stark, Jenna Lanfor, Steve Christopher, Kevin Maevers, Christopher J. Nair-Mahan, Parker Patterson, Elizabeth Morales. APPROVAL OF AGENDA Councilor Foster moved to approve the September 23, 2021, Legal Committee meeting agenda. Councilor Perry as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. APPROVAL OF MINUTES The August 26, 2021, Legal Committee minutes were accepted as written. REGULAR ITEMS 1. RAC Agreements A. Carl Day, an individual – Scott Stark discussed the agreement. Councilor Perry moved to send to the consent agenda the recommendation to authorize Carl Day, to renew an existing lease on Hangar 120 – 5, consisting of 1,002 square feet, more or less, for the purpose of aircraft storage and maintenance. Carl Day has been a tenant since 11/2008. Rent amount is $201.00 monthly; $2,412.00 annually. Term: November 1, 2021 to October 31, 2022. Councilor Foster as the second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. B. Dixie Lee Wagner, and Cliff Waide, as individuals – Scott Stark discussed the agreement. Councilor Perry moved to send to the consent agenda the recommendation to authorize Dixie Wagner and Cliff Waide, to renew an existing lease on Hangar 91 - D, consisting of 4,589 square feet, more or less, for the purpose of aircraft storage and maintenance. Wagner and Waide have been a tenant since 11/1999. Rent amount is $922.00 monthly; $11,064.00 annually. Term: December 1, 2021 to November 30, 2022. Councilor Foster as the second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. C. Christopher Lynn, as individual - Scott Stark discussed the agreement. Councilor Foster moved to send to the consent agenda the recommendation to authorize Kurt Richardson and Jon Berry, to renew an existing lease on Hangar 91 - C, consisting of 4,623 square feet, more or less, for the purpose of aircraft storage and maintenance. Richardson and Berry have been a tenant since 9/1993. Rent amount is $929.00 monthly; $11,148.00 annually. Term: November 1, 2021 to October 31, 2022. Councilor Perry as the second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent D. Hitchcock Hangar 91-A, D Amendment – Scott Stark discussed the agreement. Councilor Foster moved to send to the consent agenda the recommendation for approval of Amendment 1 to Jon Hitchcock lease for Hanger 91 – A, B. Requesting removal of John Berry from the lease. John Berry has moved his aircraft to the Richardson and Berry lease. Councilor Perry as the second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 2. Airport Security Upgrades – Scott Stark discussed airport security upgrades. Councilor Perry moved to send to full City Council the recommendation of approval of an expenditure of up to $354,593.12 for security upgrades at the Air Center by J & G Electric. Federal regulations require certain upgrades to the security systems at the Roswell Air Center. J & G Electric has provided an estimate of $354,593.12 to install and maintain the necessary upgrades. The precise details regarding the upgrades are subject to confidentiality under Federal law. The upgrades will be purchased pursuant to an existing price agreement with J & G. The expenditure is budgeted. The parties will negotiate and execute a security services agreement for this project, if approved. The City Attorney has been involved to monitor compliance with Federal regulations. Per City Policy, an expenditure over $60,000.00 requires authorization by the City Council. Councilor Foster as the second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 3. Rubb Hangar Purchase – Scott Stark discussed the Rubb Hanger purchase. The City has been offered a pre-engineered building at a steep discount. The Air Center does not have enough leasable space to meet current demand. This building has the potential to function as a warehouse or hangar space. Building package as is $450,000; Installation at standard wage rates $200,000. Total estimated purchase price $650,000. Per City Policy, an expenditure over $60,000.00 requires authorization by the City Council. Councilor Perry moved to send to full City Council the recommendation for approval of the purchase of a Rubb Hanger for the Air Center. Councilor Foster as the second. A voice vote was 3-0 and the motion passed, with Councilor Lopez being absent. 4. Resolution 21-XX Opposing 30 x30 Land Program – Councilor Perry discussed Resolution 21-XX. Pursuant to Section 216 of Executive Order 14008, President Biden has directed the Secretary of the Interior, in consultation with the Secretary of Agriculture to develop a program that would permanently set aside at least 30% of the lands and waters of the United States by 2030. The proposed Resolution would oppose the so-called 30 x 30 program. Councilor Perry moved to send the adoption of Resolution 21-XX, formally opposing Executive Order 14008. Councilor Foster as a second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 5. Resolution 21-XX Municipal Infrastructure Reimbursement Program (MIRP) – Joe Neeb and Kevin Maevers discussed the resolution. The City of Roswell is currently facing a severe shortage of market rate rental and single family housing units. The shortfall is being driven by renewed economic activity and interest in the City, as well as immigration from other states. The supply of new housing stock and the ability to construct and occupy new housing is also enduring a shortage of materials and labor following the COVID-19 economic slowdown. To encourage and facilitate new housing development, as well as to provide housing for all market sectors, a Municipal Infrastructure Reimbursement Program is being proposed to assist in the development of municipal infrastructure which will support the housing industry and provide additional market rate single-family and multi-family project development. Programmatic reimbursement amounts are subject to a Development Agreement and are limited by program requirements. Councilor Foster moved to recommend approval of the Municipal infrastructure Reimbursement Program to the City Council. Councilor Perry as the second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 6. RFP-22-004 Temporary Employment Services – Robert Contreras discussed the RFP-22- 004. Consider recommending approval of Award Recommendation for RFP-22-004 – Temporary Employment Services for the city manager to enter into contract negotiations with a pool of three (3) vendors for a Multi-Source Award. The contractors recommended are ITS Quest, Elwood Staffing and 22nd Century Technologies Inc. The RFP was posted and seven (7) proposals were received on September 7, 2021. The top three (3) highest ranked by the evaluation committee are recommended for award. Councilor Perry moved to recommend the approval of Award Recommendation for RFP-22-004 – Temporary Employment Services. Councilor Foster as the second. A voice vote was 3-0, and the motion passed, with Councilor Lopez being absent. 7. Department Reports – City Clerk, Legal Department, Safety, and Human Resources. For discussion only. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Mike Espiritu, Larry Connelly ADJOURN The meeting adjourned at 5:48 p.m.

Agenda

LEGAL COMMITTEE MEETING AGENDA Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Chair: Judy Stubbs, Ward 3 Vice Chair: Daniel Lopez, 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 Thursday, August 26, 2021. (page 3) REGULAR ITEMS 1. Consider recommending to full Council that the following RAC lease agreements be placed on the Consent agenda for approval: (page 7) (A) Carl Day Hanger 120 – 5 (page 9) (B) Wagner & Waide Hanger 91- D (page 11) (C) Richardson & Berry Hanger 91-C (page 13) (D) Hitchcock Hanger 91 – A, B Amendment (page 15) 2. Airport Security Upgrades – Consider recommending approval of an expenditure of $354,593.12 for security upgrades at the Air Center by J & G Electric. (page 16) 3. Rubb Hangar Purchase – Consider recommending approval of the purchase of a Rubb Hangar for the Air Center. (page 17) 4. Res 21-XX: 30x30 – Consider recommending adoption of a resolution opposing the federal government’s 30x30 land program. (page 20) 5. Res. 21-XX: Infrastructure Reimbursement Plan – Consider recommending adoption of a resolution adopting market rate multi-family and single family unit production municipal infrastructure reimbursement program. (page 23) 6. RFP-22-004 – Temporary Employment Services – Consider recommending approval of Award Recommendation for RFP-22-004 – Temporary Employment Services. (page 27) 7. Department Reports (page 30) (A) City Clerk (B) Legal (C) Safety (D) HR Legal Committee 09/23/2021 --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 21-7. 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, September 17, 2021 TO ATTEND THE LEGAL COMMITTEE MEETING BY GO-TO-MEETING Thu, Thursday, September 23, 2021 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. Legal Committee 09/23/2021 --2-- City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, August 26, 2021 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 21-07. ROLL CALL The meeting convened at 4:00 p.m. with Chair Stubbs presiding, Councilor Perry, Councilor Foster and Councilor Lopez present. Staff present: Todd Verciglio, Alison Herring, Becky Hicks, Teri Best, Daniel Fuller, Matt Miller, Juan Fuentes, Kevin Maevers, Philip Smith, Mike Taylor, Scott Stark, Juanita Jennings, Dennis Kintigh, Jim Burress, Spencer Aikens, Joe Neeb, Parker Patterson and Josh Nairn-Mahan. Guests present: Lisa Dunlap, Larry Connolly and Marcos Nava. APPROVAL OF AGENDA Councilor Jason Perry moved to approve the August 26, 2021, Legal Committee meeting agenda. Councilor Foster as a second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES The July 22, 2021, Legal Committee minutes were approved as written. REGULAR ITEMS 1. Dump Truck Purchase for Air Center – Scott Stark and Becky Hicks stated that currently, Roswell Air Center has a 1992 10-Yard Dump truck. The RAC staff has determined that the replacement truck should be a 12-Yard Dump and should have a snowplow implement as well. During snow events, the FAA requires the runways to be cleared within a specified amount of time. At this time, the Air Center does not have the equipment to meet that requirement. The new dump truck equipped with a snowplow, in conjunction with existing brooms, will give them the ability to clear the runways timely. This is not a budgeted item. A budget amendment will be required. If approved, the Finance Committee will consider the budget amendment at its October 7, 2021 meeting. Councilor Foster moved to send to full City Council to recommend approval to purchase a 2023 International 12-Yard Dump Truck with snowplow in the amount of $185,191.50 from Roberts Truck Center on a New Mexico State Price Agreement for the Roswell Air Center. Councilor Perry as a second. A voice vote was 4-0, and the motion passed. 2. Toro Mower Purchase for Air Center – Scott Stark and Beck Hicks stated that in FY2020, Unit #812 a 2005 Toro 580 Mower was repaired by Simpson Norton. At that time, the recommendation was to test and replace the main hydraulic pump at a cost of $3,800. However, the pump is no longer available and replacing the pump to increase line pressures for optimal performance could create a cascade of additional parts Legal Committee 09/23/2021 --3-- City of Roswell, New Mexico failures. Toro only supports parts for roughly 10 years due to rapidly changing technology, and this unit is currently 16 years old. Now, it is beyond repair. This is not a budgeted item. A budget amendment will be required. If approved, the Finance Committee will consider the budget amendment at its October 7, 2021 meeting. Councilor Foster moved to send to full City Council to recommend approval to purchase a Toro Groundsmaster 5900 in the amount of $111,276.83 from Simpson Norton for the Roswell Air Center. Councilor Perry as a second. A voice vote was 4-0, and the motion passed. 3. 2023-2027 Infrastructure Capital Improvement Plan (ICIP) – Juan Fuentes stated that the intent of this list is to allow for discussion and decision among staff and Council on ranking of projects to develop the annual Infrastructure Capital Improvement Plan (ICIP) for submittal in September 2021. Similar to last year, due to the number of departments and projects, the list will be divided among the 5 standing committees (Finance, Legal, Infrastructure, Public Safety and General Services). At each committee, staff will provide an overview of the projects and request the committees to rank the projects and recommend the top projects for consideration in the ICIP. 1. Fire Department – Matt Miller and Daniel Fuller provided an overview of the projects and requested the committee to review and rank the top two Capital Projects to be included in the 2023-2027 ICIP. Councilor Foster moved to send to full City Council the ICIP for the Fire Department as follows; #1 SCBA – replacement of self-contained breathing units for $900,000. #2 Fire Engine Replacement for $3,000,000. #3 Fire Department Building Improvements for $600,000. Councilor Perry as the second. A voice vote was 4-0, and the motion passed. 2. Police Department – Philip Smith and Mike Taylor provided an overview of the projects and requested the committee to review and rank the top two Capital Projects to be included in the 2023-2027 ICIP. Councilor Perry moved to send to full City Council the ICIP for the Police Department as follows; #1 Police Command Post for $408,000. #2 Laserfiche records storage System for $207,378. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 3. Dispatch – Teri Best provided an overview of the project and requested the committee to review and rank the top two Capital Projects to include in the 2023-2027 ICIP. Councilor Foster moved to send to full City Council the ICIP for Dispatch as follows; #1 VoIP Dispatch Console System for $350,000. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 4. Animal Control – Jim Burress provided an overview of the projects and requested the committee to review and rank the two Capital Projects to be included in the 2023-2027 ICIP. Councilor Foster moved to send to the full City Council the ICIP for Animal Control as follows; #1 combine the surveillance camera system and update dispatch system for a combined total of $70,000. #2 Legal Committee 09/23/2021 --4-- City of Roswell, New Mexico Vehicle Replacement for $90,000. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 5. Roswell Air Center – Scott Stark provided an overview of the projects and requested the committee to review and rank the two Capital Projects to be included in the 2023-2027 ICIP. Councilor Perry moved to send to the full City Council the ICIP for the Roswell Air Center as follows; #2 RAC Terminal (Design) for $2,700,000. #3 Aircraft Rescue and Firefighting Training Facility for $2,000,000. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 4. Hispano Chamber Business Retention and Development Services Agreement – Juanita Jennings stated the Roswell Hispano Chamber of Commerce works in partnership with the City of Roswell to provide services to businesses and promotes tourism efforts. The contemplated Agreement would provide a revised and updated scope of work while continuing the city’s existing relationship with the Hispano Chamber. $30,000.00 per year for the scope of services outline within the Agreement. Councilor Perry moved to send to full City Council the approval of a Services Agreement with the Roswell Hispano Chamber of Commerce with the corrections as follows: • Redline edition remove Item #4(c). • Exhibit A under Community and Professional Enhancements remove Item #4. • Strike Exhibit C Councilor Foster as the second. A voice vote was 4-0, and the motion passed. 5. Allison Farm Lease – Todd Verciglio stated that Roswell Vegetable Farm, Inc. has leased the Allison Farm property from the City of Roswell since January 18, 2006. The current lease (Addendum #3) is set to expire on December 31, 2025, but the current leaseholder, Mr. Doug DeGroot wishes to invest approximately $97,980 to improve the irrigation system at the Allison Farm property and would like to extend the term of his current lease to guarantee an opportunity to realize the benefits of this investment. Rent amount will be $65,608.71 annually. Each additional annual rent payment will be new base rent plus Urban CPI or 3% whichever is greater. Councilor Perry moved to send to full City Council the consideration for approval of a renewed lease agreement with Roswell Vegetable Farm, Inc. for Allison Farm with the changes as follows: • Item #2(a) add “annually” to …agrees to pay the City annually as rent the; • Item #2(a) add “Urban” to … Urban Consumer Price Index (“CPI”); Councilor Foster as the second. A voice vote was 4-0, and the motion passed. 6. Ordinance 21-XX: Chapter 27 Amendment – Kevin Maevers stated on August 12, 2021, the City Council adopted Ordinance 21-09, which established a new section of the Roswell City Code relating to Cannabis. Ordinance 21-09 established the general structure of Chapter 27, but many sections were reserved for future provisions. This proposed ordinance would amend Chapter 27 to add additional sections relating to procedures for applying to locate a cannabis establishment within the City. As proposed, Legal Committee 09/23/2021 --5-- City of Roswell, New Mexico every application would be filed with Community Development and submitted for zoning review to the Planning and Zoning Commission, with ultimate authority to approve or deny the necessary zoning by the City Council. Councilor Perry moved to send to full City Council to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX amending Chapter 27 of the Roswell City Code relating to Cannabis. Councilor Foster as a second. A voice vote was 4-0, and the motion passed. 7. Department Reports – City Clerk, Legal Department, Safety Department and Human Resources. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Marcos Nava ADJOURN The meeting adjourned at 5:54 p.m. Legal Committee 09/23/2021 --6-- City of Roswell, New Mexico AGENDA ITEM NO. 1.– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 RAC LEASES: (A) Carl Day Hangar 120 - 5 (B) Wagner & Waide Hangar 91- D (C) Richardson & Berry Hangar 91-C (D) Hitchcock Hanger 91 – A, B Amendment (A) Carl Day Hanger 120-5 Consider recommending approval to authorize Carl Day, to renew an existing lease on Hangar 120 - 5. ACTION REQUESTED: BACKGROUND: Carl Day requests Hangar 120 – 5, consisting of 1,002 square feet, more or less, for the purpose of aircraft storage and maintenance. Carl Day has been a tenant since 11/2008. FINANCIAL Rent amount is $201.00 monthly; $2,412.00 annually. CONSIDERATION: Term: November 1, 2021 to October 31, 2022. (B) Wagner & Waide Hangar 91-D Consider recommending approval to authorize Dixie Wagner and Cliff Waide, to renew an existing lease on ACTION REQUESTED: Hangar 91 - D. BACKGROUND: Wagner and Waide requests Hangar 91 - D, consisting of 4,589 square feet, more or less, for the purpose of aircraft storage and maintenance. Wagner and Waide have been a tenant since 11/1999. FINANCIAL Rent amount is $922.00 monthly; $11,064.00 annually. CONSIDERATION: Term: November 1, 2021 to October 31, 2022. (C) Richard & Berry 91-C Consider recommending approval to authorize Kurt Richardson and John Berry, to renew an existing ACTION REQUESTED: lease on Hangar 91 - C. BACKGROUND: Richardson and Berry request Hangar 91 - C, consisting of 4,623 square feet, more or less, for the purpose of aircraft storage and maintenance. Richardson and Berry have been a tenant since 9/1993. Legal Committee 09/23/2021 --7-- City of Roswell, New Mexico FINANCIAL Rent amount is $929.00 monthly; $11,148.00 annually. CONSIDERATION: Term: December 1, 2021 to November 30, 2022. (D) Hitchcock Hangar 91-A, B Consider recommending approval of Amendment 1 to Jon Hitchcock lease for Hanger 91 – A, B. Requesting ACTION REQUESTED: removal of John Berry from the lease. BACKGROUND: John Berry has moved his aircraft to the Richardson and Berry lease (Item 1(C) above). FINANCIAL None CONSIDERATION: LEGAL REVIEW: The Legal Department has reviewed the Leases. Leases and other contractual agreements generally require City Council approval. BOARD and/or The Legal Committee is scheduled to meet on COMMITTEE ACTION: September 23, 2021. STAFF Consider recommending approval to City Council of the RECOMMENDATION: Leases as presented. Legal Committee 09/23/2021 --8-- City of Roswell, New Mexico LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 14th day of October, 2021 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter designated “Landlord”, and CARL DAY, an individual, hereinafter designated as “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: “T” Hangar Building 120 Space 5 consisting of 1,002 square feet, more or less, located at the Roswell 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 November 1, 2021 and ending October 31, 2022 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Two Thousand, Four Hundred Twelve Dollars ($2,412.00), payable in 12 monthly installments of $201.00. 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 $182.00 in advance as security for Tenant’s full and faithful performance of all terms of this lease. This amount shall be used by Landlord at the termination of this Lease Agreement toward a. payment for rent or penalties due Landlord, b. reimbursement of the costs of cleaning and repairing damages (beyond normal wear and tear) to the Premises and c. the cost of removal of any hazardous material not properly disposed of by Tenant. Landlord shall be the sole and reasonable judge of all cleaning and repairs required for the Premises and the amounts needed for these purposes. Upon termination or expiration of this Lease the security deposit shall first be applied to necessary cleaning and removal, repairs and the remaining balance, if any, may then be applied to rentals and penalties then owing to Landlord. Any refund of the security deposit due Tenant will be delivered or mailed in accordance with Paragraph 26 of this Agreement within 60 days after the termination of this Lease Agreement. 5. CONDITION OF PREMISES. Tenant has inspected Premises and accepts the Premises in its present condition “as is”. Tenant acknowledges that any requirements for accessibility and/or public accommodation(s) are Tenant’s responsibility. Tenant agrees that the Premises is in good repair and condition except as noted herein. Tenant agrees that, at the expiration of the term hereof, it shall yield up and deliver the Premises to Landlord in as good repair and condition, broom clean, as when received, except for loss resulting from ordinary use and wear. Page 1 of 10 Day Lease Oct ’21 Tenant Initials_______ Legal Committee 09/23/2021 --9-- City of Roswell, New Mexico EXHIBIT “A” EXHIBIT “A” Page 10 of 10 Day Lease Oct. ’21 Tenant Initials_______ Legal Committee 09/23/2021 --10-- City of Roswell, New Mexico LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 14th day of October, 2021 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, DIXIE LEE WAGNER, and CLIFF WAIDE, as individuals, hereinafter “Tenant”. WHEREAS Landlord has agreed to lease to Tenant the real property described below, together with the improvements thereon, in Chaves County New Mexico, and Tenant has agreed to lease said real property and improvements from Landlord; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. GRANTING CLAUSE AND PREMISES. For the term, at the rent and otherwise upon the terms, provisions and conditions contained herein, Landlord hereby lets and leases unto Tenant the surface only to the following real property, together with all improvements located thereon: Building No. 91, space D consisting of 4,589 square feet, more or less, and joint use of the ground floor office area located at the Roswell l 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 November 1, 2021 and ending October 31, 2022 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Eleven Thousand, Sixty-Four Dollars and no Cents ($11,064.00), payable in 12 monthly installments of $922.00. 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 $625.00 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 Page 1 of 11 WAGONER Lease Oct ’21 Tenant Initials________ Legal Committee 09/23/2021 --11-- City of Roswell, New Mexico EXHIBIT “A” EXHIBIT “A” Page 11 of 11 WAGONER Lease Oct ’21 Tenant Initials________ Legal Committee 09/23/2021 --12-- City of Roswell, New Mexico LEASE AGREEMENT THIS LEASE executed in Roswell, New Mexico on this 14th day of October, 2021 by and between the CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter “Landlord”, KURT J. RICHARDSON and JOHN BERRY individuals, 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. 91 identified as Space “C” consisting of 4623 square feet, more or less, and joint use of the ground floor office area located at the Roswell 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 December 1, 2021 and ending November 30, 2022 unless sooner terminated by provision hereof. 3. RENT. Tenant agrees to pay to Landlord as rent the sum of Eleven Thousand, One Hundred Forty- Eight Dollars and No Cents ($11,148.00), payable in 12 monthly installments of $929.00. 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 $620.00 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. 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. Page 1 of 10 RICHARDSON Lease December ’21 Tennant’s Initials________________ Legal Committee 09/23/2021 --13-- City of Roswell, New Mexico Page 10 of 10 RICHARDSON Lease December ’21 Tennant’s Initials________________ Legal Committee 09/23/2021 --14-- City of Roswell, New Mexico FIRST AMENDMENT TO LEASE AGREEMENT THE CITY OF ROSWELL, NEW MEXICO, a municipal corporation, hereinafter called “Landlord” and, JON E. HITCHCOCK, ROBERT B. CORN, JAMES PATTERSON, SIAVASH KARIMIAN, BRANDON ARNOLD, JOHN BERRY, and CLIFF WAIDE, individuals, hereinafter designated as “Tenant” hereby agree to the following amendment to that certain Lease Agreement dated March 11, 2021. Effective with Council approval October 14, 2021: 1. John Berry, an individual, is removed from the Lease. 2. Except as amended herein, the Lease shall continue without change, and remain in full force and effect as originally executed, except as modified above. IN WITNESS WHEREOF, this FIRST Amendment to Lease Agreement is done and executed in Roswell, New Mexico this day of October, 2021. LANDLORD: CITY SEAL CITY OF ROSWELL, NEW MEXICO _______________________ Dennis J. Kintigh, Mayor ______________________ Sharon Coll, City Clerk TENANT: JON E. HITCHCOCK, ROBERT B. CORN, JAMES PATTERSON, SIAVASH KARIMIAN, BRANDON ARNOLD, JOHN BERRY and CLIFF WAIDE ______________________ ______________________ Jon E. Hitchcock Robert B. Corn ______________________ ______________________ James Patterson Siavash Karimian ______________________ ______________________ Brandon Arnold John Berry ______________________ Cliff Waide Legal Committee 09/23/2021 --15-- City of Roswell, New Mexico AGENDA ITEM NO. 2– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Airport Security Upgrades ACTION REQUESTED: Consider recommending approval of an expenditure of up to $354,593.12 for security upgrades at the Air Center by J & G Electric. BACKGROUND: Initiated by: Scott Stark Federal regulations require certain upgrades to the security systems at the Roswell Air Center. J & G Electric has provided an estimate of $354,593.12 to install and maintain the necessary upgrades. The precise details regarding the upgrades are subject to confidentiality under Federal law. The upgrades will be purchased pursuant to an existing price agreement with J & G. The expenditure is budgeted. The parties will negotiate and execute a security services agreement for this project, if approved. FINANCIAL Staff are asking for approval to spend up to $354,593.12 on security CONSIDERATION: upgrades mandated under Federal law. LEGAL REVIEW: The City Attorney has been involved to monitor compliance with Federal regulations. Per City Policy, an expenditure over $60,000.00 requires authorization by the City Council. BOARD and/or The Thursday, September 23, 2021 meeting of the Legal Committee COMMITTEE ACTION: will be the first consideration of this matter. STAFF Consider recommending approval of an expenditure of up to RECOMMENDATION: $354,593.12 for security upgrades at the Air Center by J & G Electric. Legal Committee 09/23/2021 --16-- City of Roswell, New Mexico AGENDA ITEM NO. 3– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Rubb Hangar Purchase ACTION REQUESTED: Consider recommending approval of the purchase of a Rubb Hangar for the Air Center. BACKGROUND: Initiated by: Scott Stark The City has been offered a pre-engineered building at a steep discount. The Air Center does not have enough leasable space to meet current demand. This building has the potential to function as a warehouse or hangar space. FINANCIAL Building package as is $450,000; Installation at standard wage CONSIDERATION: rates $200,000. Total estimated purchase price $650,000. LEGAL REVIEW: The City Attorney has reviewed the proposed purchase. Per City Policy, an expenditure over $60,000.00 requires authorization by the City Council. BOARD and/or The Thursday, September 23, 2021 meeting of the Legal Committee COMMITTEE ACTION: will be the first consideration of this matter. STAFF Consider recommending approval of the purchase of a Rubb Hangar RECOMMENDATION: for the Air Center.. Legal Committee 09/23/2021 --17-- City of Roswell, New Mexico RUBB, INC. One Rubb Lane Sanford, ME 04073 Tel: 207-324-2877 Fax: 207-324-2347 Web: www.rubbusa.com E-mail: info@rubbusa.com Executive Jet & Helicopter Hangar Ready for Immediate Shipment 120’ (wide) by 183’4” (long) by 25.9’ (tall) Insulated Rubb BVE Hangar  75’ W x 29’ H AeroDoor High Power Series  2” / R11 Thermohall Insulation System  (4) 3’ x 7’ Steel Personnel Doors w/Closers  40 FC LED pre-wired interior lighting system  Color – All tan Design Loads Building code ASCE 7-10 & IBC 2012 Wind Load 115 mph 3-sec gust, Exp. C, Enclosed Risk Category RC II Ground snow load 20 psf, Is=1.0 Collateral Load 1 psf Live Load 12 psf Seismic Ss=0.114, S1=0.06, Ie=1.0, SDC B Aircraft: Dornier 328 and King Air 350i and Various Helicopters and Light Single / Twin Fixed Wing Aircraft Legal Committee 09/23/2021 --18-- excellence in engineering City of Roswell, New Mexico excellence in engineering Legal Committee 09/23/2021 --19-- City of Roswell, New Mexico AGENDA ITEM NO. 4– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Res. 21-XX Opposing 30 x 30 Land Program ACTION REQUESTED: Consider recommending the adoption of Resolution 21-XX, formally opposing Executive Order 14008. BACKGROUND: Initiated by: Councilor Jason Perry Pursuant to Section 216 of Executive Order 14008, President Biden has directed the Secretary of the Interior, in consultation with the Secretary of Agriculture to develop a program that would permanently set aside at least 30% of the lands and waters of the United States by 2030. The proposed Resolution would oppose the so-called 30 x 30 program. FINANCIAL There are no expenditures associated with this Resolution. CONSIDERATION: LEGAL REVIEW: The Deputy City Attorney has reviewed the proposed Resolution. Resolutions are adopted by a majority of the entire governing body. BOARD and/or The Thursday, September 23, 2021 meeting of the Legal Committee COMMITTEE ACTION: will be the first consideration of this matter. STAFF Consider recommending the adoption of Resolution 21-XX, formally RECOMMENDATION: opposing the 30 x 30 land program. Legal Committee 09/23/2021 --20-- City of Roswell, New Mexico 1 RESOLUTION 21-XX 2 3 A RESOLUTION OPPOSING PRESIDENT BIDEN’S EXECUTIVE ORDER 4 IMPLEMENTING THE 30 X 30 PLAN 5 6 WHEREAS, on January 27, 2021, President Joseph R. Biden, Jr. issued Executive Order 7 14008 entitled “Tackling the Climate Crisis at Home and Abroad” (86 Fed. Reg. 7,619); and 8 9 WHEREAS, Section 216 of Executive Order 14008, President Biden directs the Secretary 10 of the Interior, in consultation with the Secretary of Agriculture and other senior officials, to 11 develop a program to conserve at least 30 percent of the lands and waters in the United States by 12 2030; and 13 14 WHEREAS, this 30 x 30 program would set aside approximately 680 million acres of our 15 Nation’s lands to be permanently preserved in its natural state, preventing the productive use of 16 these lands and their resources; and 17 18 WHEREAS, designating lands as wilderness does not assure its preservation and left in a 19 natural state, wilderness lands are highly susceptible to wildfires, insect infestation and disease; 20 and 21 22 WHEREAS, the City of Roswell, a political subdivision of the State of New Mexico, is 23 the largest urban area in Chaves County and the fifth most populous in the State of New Mexico 24 whose residents depend on industries that utilize federal, state, and private lands and their 25 resources and rely on taxes derived thereof; and 26 27 WHEREAS, land owned by the United States and the State of New Mexico make up a 28 significant percentage of all the land in the City of Roswell and Chaves County; and 29 30 WHEREAS, converting some or all land of this type, or placing private lands into 31 permanent conservation status will cause dramatic and irreversible harm to the economies of many 32 states, including New Mexico, where many people depend on these land for their livelihoods; and 33 34 WHEREAS, the 30 x 30 program, if implemented, would likely conflict with and impede 35 the plans, policies, and programs desired by the citizens of the City of Roswell by depriving them 36 of access to lands upon which the citizens and the City rely. 37 38 39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE 40 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 41 42 SECTION 1. The Roswell City Council opposes the 30 x 30 program, including its objective of 43 permanently preserving 30 percent of the Nation’s lands in its natural state by 2030, or any similar 44 program that will set aside and prevent the productive use of millions of acres of our lands. 45 46 SECTION 2. The Roswell City Council further opposes the designation of lands whether private 1 or government lands as wilderness, wilderness study areas, wildlife preserves, open space, or other 2 conservation land, thereby restricting public access to such lands and preventing the development 3 and productive use of the resources on or within such lands. 4 5 SECTION 3. The Roswell City Council supports the continued private ownership of land in the 6 City and surrounding County, recognizing the Nation’s need for domestic sources of minerals, 7 energy, timber, food, and fiber. 8 9 SECTION 4. The Roswell City Council also maintains that any lands or other rights that are 10 acquired to fulfill the 30 x30 program’s objectives should be acquired only from willing 11 landowners and for the payment of full and fair market value for all rights and interests acquired, 12 and not through regulatory compulsion, and only after analyzing and considering the impacts of 13 such land acquisitions on the well-being, health, safety, welfare, economy and culture of the City 14 of Roswell and surrounding Chaves County, and its businesses, and its citizens. 15 16 17 18 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 19 20 21 22 23 24 25 26 CITY SEAL 27 28 29 30 31 _____________________________ 32 Dennis Kintigh, Mayor 33 ATTEST 34 35 36 37 _____________________ 38 Sharon Coll, City Clerk 39 AGENDA ITEM NO. 5– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Res. 21-XX Municipal Infrastructure Reimbursement Program (MIRP) ACTION REQUESTED: Consider recommending approval of the Municipal Infrastructure Reimbursement Program to the City Council BACKGROUND: Initiated by: Joe Neeb The City of Roswell is currently facing a severe shortage of market rate rental and single family housing units. The shortfall is being driven by renewed economic activity and interest in the City, as well as immigration from other states. The supply of new housing stock, and the ability to construct and occupy new housing is also enduring a shortage of materials and labor following the COVID-19 economic slowdown. To encourage and facilitate new housing development, as well as to provide housing for all market sectors, a Municipal Infrastructure Reimbursement Program is being proposed to assist in the development of municipal infrastructure which will support the housing industry and provide additional market rate single-family and multi-family project development. FINANCIAL Programmatic reimbursement amounts are subject to a Development CONSIDERATION: Agreement and are limited by program requirements. LEGAL REVIEW: The City Attorney has reviewed the proposed resolution BOARD and/or The Thursday, September 23, 2021 meeting of the Legal Committee COMMITTEE ACTION: will be the first consideration of this matter. STAFF Consider recommending approval of the Municipal Infrastructure RECOMMENDATION: Reimbursement Program to the City Council Legal Committee 09/23/2021 --23-- City of Roswell, New Mexico 1 RESOLUTION 21-XX 2 3 TO APPROVE AND ADOPT A MARKET RATE MULTI-FAMILY AND SINGLE 4 FAMILY UNIT PRODUCTION MUNICIPAL INFRASTRUCTURE REIMBURSEMENT 5 PROGRAM FOR FISCAL YEAR 2022. 6 7 WHEREAS, the City Council for the City of Roswell finds that the City faces a severe 8 shortage of market rate rental and single family housing unit; and 9 10 WHEREAS, the City Council recognizes an urgent need for an adequate supply of market 11 rate rental and single family housing units within the City; and 12 13 WHEREAS, the City Council further recognizes the negative impacts that an inadequate 14 supply of market rate rental and single family housing units has on the local and regional economy; 15 and 16 17 WHEREAS, the City Council finds that the production of market rate rental and single 18 family housing units is in the best interest of the Municipality. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE 21 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that the City Council 22 hereby approves and adopts the market rate multi-family and single family unit production 23 municipal infrastructure reimbursement program for fiscal year 2022, as attached hereto and made 24 part of this resolution. 25 26 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 27 28 CITY SEAL 29 30 31 _____________________________ 32 Dennis Kintigh, Mayor 33 ATTEST 34 35 36 37 _____________________ 38 Sharon Coll, City Clerk 39 Legal Committee 09/23/2021 --24-- City of Roswell, New Mexico FY 2021/2022 - Market Rate Multi-Family & Single Family Unit Production Municipal Infrastructure Reimbursement Program (MIRP) Program Highlights 1. Yearly Program Budget: City Council will determine funding levels for this program and may increase or decrease levels from time to time. 2. Development Agreement: Each encumbrance to the budget for this program will be supported by a Council approved Development Agreement (DA). 3. Reimbursements: Reimbursements are available only for installed municipal (public) infrastructure that has been designed, constructed, dedicated, and accepted for maintenance by the City Engineer. A project specific Development Agreement must be in place prior to the dedication and Acceptance of Infrastructure by the City of Roswell. Existing Developments that have received DA’s prior to FY 2021/2022 are eligible to apply to participate in the program through 12/31/2021. 4. Calculation of Reimbursement Amounts: For reimbursement of new municipal infrastructure under this program, the following rules shall apply: a. Reimbursement shall not exceed the amounts shown on a per unit basis: i. $10,000 per single family unit ii. $5,000 per multi-family unit b. Reimbursement shall not exceed per square footage basis: i. $10.00 per sq. ft. for residential units constructed north of 2nd Street ii. $20.00 per sq. ft. for residential units constructed south of 2nd Street iii. Calculations shall be based upon livable/habitable area only (garages and accessory structures are not included in the calculations) c. Reimbursement shall not exceed the fair share, cost per linear foot, of infrastructure basis: i. $180.00 per linear front foot, as measured parallel to the front property line, of municipal infrastructure installed, approved, and dedicated to the City of Roswell. The fair share costs are further broken down as follows: 1. Mainline Water Service ($25/lf): a. Twenty-Five ($25) per equivalent front foot of lot to which water service is provided (8” dia. mainline service for single family residence, or 10” dia. mainline service for multi-family development). Final size of Mainline Water Service to be approved by the City Engineer*; 2. Mainline Sanitary Sewer ($35/lf): Thirty-Five ($35) per equivalent front foot of lot to which sewer service is provided (8” dia. mainline service single family residence, & 10” dia. mainline service for multi-family development). Final size of Mainline Sanitary Sewer Service to be approved by the City Engineer*; Legal Committee 09/23/2021 --25-- City of Roswell, New Mexico 3. Public Street Improvements ($90/lf): a. Ninety ($90) per equivalent front foot of lot to which street is provided (built to Minor Residential street standards as promulgated within the City of Roswell Street Standards, and as determined by the City Engineer); 4. Public Sidewalk ($30/lf): a. Thirty ($30) per equivalent front foot of lot to which sidewalk (includes driveway with ADA accessible path) is provided; 5. Development Agreement: An approved Development Agreement (DA) is required for each project (single-family or multi-family) to participate in the MIRP. Total reimbursement per project, subject to the terms and conditions of the DA and MIRP shall not exceed $200,000.00 per project. A Developer holding an active DA for municipal infrastructure reimbursement shall be required to complete no less than 75% of the project proposed under the DA, prior to being a party to a new reimbursement DA. The maximum term for any DA under this program shall be limited to 12 months unless otherwise approved by the City Council. 6. Time of Disbursement: Funds to be disbursed after the municipal infrastructure subject to the MIRP have been constructed, approved, and dedicated to the City of Roswell, and the Certificate of Occupancy has been issued for each completed residential unit. *NOTE: Should it be determined by the City Engineer, that necessary infrastructure (Mainline Water and/or Mainline Sanitary Sewer) to be installed by the developer, is deemed to be oversized (12” dia. or greater), and is necessary to provide future service to adjacent properties, reimbursement for such installation of oversized municipal infrastructure may require a separate Development Agreement, outside of this program, to be reviewed and approved by the City Council. Legal Committee 09/23/2021 --26-- City of Roswell, New Mexico AGENDA ITEM NO. 6– ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 RFP-22-004 – Temporary Employment Services ACTION REQUESTED: Consider recommending approval of Award Recommendation for RFP-22-004 – Temporary Employment Services for the city manager to enter into contract negotiations with a pool of three (3) vendors for a Multi-Source Award. The contractors recommended are ITSQuest, Elwood Staffing and 22nd Century Technologies Inc. BACKGROUND: Initiated by: Renee Trujillo The RFP was posted and seven (7) proposals were received on September 7, 2021. The top three (3) highest ranked by the evaluation committee are recommended for award. FINANCIAL Per each department's approved budget. CONSIDERATION: LEGAL REVIEW: The City Attorney has reviewed the proposed award. BOARD and/or The Thursday, September 23, 2021 meeting of the Legal Committee COMMITTEE ACTION: will be the first consideration of this matter. STAFF Staff recommends approval of Award Recommendations and RECOMMENDATION: authorization for city manager to enter into negotiations with the three (3) vendors listed on award recommendation letter. Legal Committee 09/23/2021 --27-- City of Roswell, New Mexico Legal Committee 09/23/2021 --28-- City of Roswell, New Mexico Legal Committee 09/23/2021 --29-- City of Roswell, New Mexico AGENDA ITEM NO. 7 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, September 23, 2021 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 Department Reports City departments that provide reports to the Legal Committee are as follows: • City Clerk • Legal • Safety • HR Legal Committee 09/23/2021 --30-- City of Roswell, New Mexico August 2021 Monthly Report – City Clerk’s Office Monthly activities: • Process incoming and outgoing mail for City • Schedule conference rooms in City Hall • Request to activate/deactivate alarm codes for exit or new employees • Field and answer calls/questions staff • Process Inspection of Public Records Act requests o Total – 22 o Same requestor #1 – 15 o Miscellaneous requestors - 6 • 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, and post agendas for the o P&Z o Airport Advisory Board o Commission on Aging o Keep Roswell Beautiful o Occupancy Tax Board o Parks and Recreation Commission o RMAC BOT o Recreation Facilities Ad Hoc Committee • 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 • Attend City Council meeting, Special City Council meeting, and various standing committee meetings • Attend various committee meetings • Work with advisory boards/commissions/committees on upcoming appointments of members • Inspection of Public Records (IPRA) Training for employees • Agenda and Minutes training for new employees • Review and complete various Special Dispenser Permits • Public Hearing for Spring River Zoo Alcohol license Sharon Coll City Clerk Legal Committee 09/23/2021 --31-- City of Roswell, New Mexico Legal Department September 2021 Report Litigation Criminal The Legal Department currently has 28 open criminal cases. During the reporting period the Legal Department resolved 4 cases and received 14 new cases criminal cases. Civil The Legal Department currently has 14 open civil or administrative matters. Legislative Ordinances and Resolutions During the reporting period the Legal Department is currently working on or recently completed the following ordinances: Ordinance Amending Chapter 27 Resolution Opposing 30x30 Plan Resolution Establishing an Infrastructure Reimbursement Plan Contracts Review: During the reporting period the Legal Department reviewed 6 contracts or agreements. Draft: During the reporting period the Legal Department drafted or revised 4 contracts or agreements. Other The City Attorney’s Office is seeking to fire a Contracts Administrator to oversee contracts City-wide. CITY OF ROSWELL PROPERTY INCIDENT REPORTS AUGUST 31, 2021 COST COMPARISON PREVENTABLE INCIDENTS 2019 2020 2021 Costs of Incidents by Department $450,000 SEP 2020- AUG 2021 INCIDENT COMPARISONS DEPT. YEARLY TOTAL $400,000 MONTH 2021 2020 2019 FAC MTNC $25,000.00 JANUARY 3 6 12 POLICE $23,235.83 $350,000 FEBRUARY 2 9 6 SANITATION $378,358.80 MARCH 2 7 11 WWTP $2,932.34 $300,000 APRIL 5 4 7 $429,526.97 MAY 10 6 9 JUNE 7 11 6 SEP 2020 - AUG 2021 $250,000 JULY 7 5 14 YR/MONTH TOTAL AMT AUGUST 7 5 6 September-20 $0.00 $200,000 SEPTEMBER 2 7 October-20 $2,500.00 OCTOBER 5 14 November-20 $1,601.27 $150,000 NOVEMBER 4 3 December-20 $1,225.86 DECEMBER 5 10 January-21 $6,656.91 $100,000 TOTALS 43 69 105 February-21 $323.34 March-21 $0.00 $50,000 April-21 $7,943.56 May-21 $383,025.21 June-21 $25,372.82 $0 July-21 $398.00 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC August-21 $480.00 TOTAL $429,526.97 YEARLY COMPARISON PREVENTABLE INCIDENTS 2019 2020 2021 14 14 2021- YEAR TO DATE DEPARTMENT 12 TOTAL AMT 11 11 SANITATION $377,132.94 10 10 POLICE $21,634.56 9 9 WWTP $432.34 7 7 7 7 7 7 FAC MTNC $25,000.00 6 6 6 6 6 5 5 5 5 5 TOTAL: $424,199.84 4 4 3 3 2 2 2 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC Axis Title 2021 INCIDENT DEPARTMENT TOTAL AMT 2021 - YEAR TO DATE FIRE 2 23 POLICE 10 SANITATION 23 WWTP 5 STREETS 1 10 FAC MTNC 1 PARKS 1 5 TOTAL 43 2 1 1 1 FACILITY MTNC FIRE PARKS POLICE SANITATION STREETS WWTP Legal Committee 09/23/2021 --33-- City of Roswell, New Mexico CITY OF ROSWELL WORKERS COMPENSATION CLAIMS 2021 12 7 7 5 WORKERS COMPENSATION CLAIM COMPARISON MONTH 2021 2020 2019 2018 2017 2016 3 3 3 JANUARY 9 5 5 4 4 6 FEBRUARY 6 5 2 3 4 3 1 1 1 1 1 1 MARCH 12 2 5 1 5 2 APRIL 7 4 5 6 6 2 ANIMAL FAC MTNC FIRE GOLF PARKS POLICE SANITATION TRANSIT CENTRAL WATER MTNC WWTP ZOO PR CONTROL MAY 3 7 6 4 8 5 JUNE 1 5 19 4 2 9 WORKERS COMPENSATION CLAIMS 2020 JULY 3 5 13 9 8 7 17 AUGUST 5 3 6 6 4 SEPTEMBER 3 5 6 3 8 OCTOBER 1 6 6 2 14 NOVEMBER 2 2 2 4 3 DECEMBER 4 2 3 2 4 LOST TIME 12 17 14 11 19 16 NO LOST TIME 34 30 62 43 29 51 7 TOTAL CLAIMS 46 47 76 54 48 67 4 3 3 3 2 2 2 1 1 1 1 ANIMAL FAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS DISPATCH WATER MTNC WWTP CONTROL WORKERS COMPENSATION CLAIMS 2019 25 26 9 3 2 1 1 3 1 2 1 2 ANIMAL FAC MTNC FINANCE FIRE LIBRARY PARKS POLICE SANITATION STREETS TRANSIT WATER MTNC WWTP CONTROL Legal Committee 09/23/2021 --34-- City of Roswell, New Mexico SEPTEMBER 2021 MONTHLY REPORT- HUMAN RESOURCES Department Monthly Activities: HR started the compensation study with BakerTilly this month. The compensation study will take around seven months to complete. HR is reviewing the RFP for contract services and will be presenting to legal this month. The HR staff is wrapping up the drafts for the Rules and Regulations. The City participated in a job fair hosted by the EDC on September 14. Around 84 job seekers attended the job fair. HR plans to have another job fair sometime in October to see if we can fill vacant positions. Legal Committee 09/23/2021 --35-- City of Roswell, New Mexico

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