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Legal Committee

Regular Meeting

Roswell, NM · March 24, 2022

AgendaMinutes

Minutes

Regular Meeting of the Legal Committee Held in the Roswell City Hall Conference Room Thursday, March 24, 2022 Notice of this meeting was given to the public in compliance with Section 10-15-1 through 10-15-4 NMSA and Resolution 22-14. ROLL CALL The meeting convened at 4:01 p.m. with Chair Stubbs presiding, Councilor Perry via GoTo, Councilor Foster present and Councilor Lopez present. Staff present: Joe Neeb, Christopher Josh Nairn-Mahan, Jessica Collier, Amalia Martinez, Parker Patterson, Steve Christopher and Scott Stark. Guests present: Rita Kane-Doerhoefer, Ed Heldenbrand, Andrew Cobos, Robert Corn, Savino Sanchez, Beto Bejarano and Cristina Arnold. Public present via GoToMeeting: Peter Kelton with Admiral Beverage and Keith Hartnett. APPROVAL OF AGENDA Councilor Barry Foster moved to approve the March 24, 2022, Legal Committee meeting agenda and addendum. Councilor Daniel Lopez as a second. A voice vote was 4-0, and the motion passed. APPROVAL OF MINUTES The Thursday, February 24, 2022, Legal Committee minutes were approved as written. REGULAR ITEMS 1. RFP-22-010 Security Guard Services – Steve Christopher discussed RFP-22-010 seeking proposals from qualified firms to provide security guard services for the Roswell Air Center (ROW) and any City of Roswell owned or leased property. The RFP was opened for proposals on January 16 through February 8, 2022. Three proposals were received. The Evaluation Committee completed their review and it is their recommendation to award this contract as a Multi-Source Award to Crusader Protective Services, Imperium Risk, Inc. and S.C.P. Security, LLC based on the evaluation criteria (average) scores provided in the award recommendation report. For the Record, Parker Patterson made notice Beto Bejarano is married to the City Payroll Administrator. Councilor Foster moved to recommend approval to full City Council to authorize the City Manager to enter into negotiation with all three offers. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 2. Admiral Beverage IRB Indenture – Peter Kelton discussed the Indenture. The City Council will consider adoption of proposed Ordinance 22-05 at its April 14, 2022 regular meeting, to issue an Industrial Revenue Bond in an amount of $9 million for the construction of a facility by Admiral Beverage Company at its facility located on Brasher Rd. The proposed Indenture has been submitted by Admiral’s bond counsel for approval by the City Council in connection with the issuance of the IRB, as contemplated by proposed Ord. 22-05. For the Record, page 17 of the indenture has been replaced with a new signature page. Councilor Foster moved to recommend approval to full City Council of a proposed Indenture in connection with the proposed Admiral Beverage IRB with page 17 and A-4 of the Indenture being replaced with a new signature page and to include Exhibit A, B and C, with all other conditions. Councilor Lopez as the second. A voice vote was 4-0, and the motion passed. 3. Admiral Beverage IRB BPA – Peter Kelton discussed the BPA. The City Council will consider adoption of proposed Ordinance 22-05 at its April 14, 2022 regular meeting, to issue an Industrial Revenue Bond in an amount of $9 million for the construction of a facility by Admiral Beverage Company at its facility located on Brasher Rd. The proposed BPA has been submitted by Admiral’s bond counsel for approval by the City Council in connection with the issuance of the IRB, as contemplated by proposed Ord. 22-05. Councilor Foster moved to recommend approval to full City Council of a proposed Bond Purchase Agreement in connection with the proposed Admiral Beverage IRB with exhibits A, B, C and D and with the change of the signature page on page 10 of the BPA, with all other conditions. Councilor Lopez as the second. A voice vote was 4-0 and the motion passed. 4. Admiral Beverage IRB Lease Agreement – Peter Kelton discussed the Lease Agreement. The City Council will consider adoption of proposed Ordinance 22-05 at its April 14, 2022 regular meeting, to issue an Industrial Revenue Bond in an amount of $9 million for the construction of a facility by Admiral Beverage Company at its facility located on Brasher Rd. The proposed Lease has been submitted by Admiral’s bond counsel for approval by the City Council in connection with the issuance of the IRB, as contemplated by proposed Ord. 22-05. Councilor Foster moved to recommend approval to full City Council of proposed Lease Agreement in connection with the proposed Admiral Beverage IRB with exhibits A and B and with the change of the signature page on page 26 of the Lease Agreement, with all other conditions. Councilor Lopez as the second. A voice vote was 4-0 and the motion passed. 5. Department Reports – City Clerk, Safety and Legal Department. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS Chair Stubbs expressed her appreciation to staff and the Committee for the past 4 years of good work and urged the new committee to work closely with staff. PUBLIC PARTICIPATION Rita Kane-Doerhoefer ADJOURN The meeting adjourned at 5:14 p.m. 6/22/2022 Meeting of the City of Roswell Legal Committee March 24, 2022 4:00 PM RFP-22-010 Security Guard Services ITEM NO: 1 STUBBS/CHRISTOPHER 1 6/22/2022 RFP-22-010 Approval of Award Recommendation • RFP 22-010 – proposals for security guard services at ROW and other City of Roswell properties/events • Opened for proposals January 16 through February 8, 2022 • 3 proposals received • Imperium Risk of Lubbock, TX, S.C.P. • S.C.P. Security of Roswell, NM • Crusader Protective Services of Roswell, NM • Evaluation Committee recommends a multisource award to all 3 vendors • NOTICE: a family member of a City employee is the owner of S.C.P. Security (NMSA § 10-16-7) Thank you! Item 4 Department Reports Discuss and consider Department Reports. 2 6/22/2022 Admiral Beverage Corporation IRB Keith Hartnett – Admiral Beverage Corporation CFO Industrial Revenue Bonds – Background and Structure • Industrial revenue bonds are an economic development tool widely utilized by municipalities and counties • Tens of billions of dollars in industrial revenue bonds have been issued for projects across New Mexico • Industrial revenue bonds provide tax incentives for developers in the form of tax abatements and exemptions for property, gross receipts and compensating taxes • In exchange, developers make certain commitments to the issuer, which may include obligations such as payments in lieu of taxes 3 6/22/2022 Industrial Revenue Bonds – Background and Structure • For an industrial revenue bond transaction, the developer transfers legal title to the project site and all associated equipment, structures, facilities, etc. to the issuer • The issuer then leases the project site and all associated equipment, structures, facilities, etc. back to the developer, effectively resulting in the developer maintaining full economic interest in these items • The issuer and developer also enter into an indenture and bond purchase agreement relating to the bonds Industrial Revenue Bonds – The Bonds • The bonds do not represent an obligation of the issuer, and the issuer does not provide any direct money to the developer • Rather, the aggregate principal amount of the bonds represents a rough estimate of how much the developer plans to spend on the project and relates to the gross receipts and compensating tax abatements sought by the developer • The bonds are sold to and held by an affiliate of the project company through a bond purchase agreement, and the bonds are secured by an indenture 4 6/22/2022 Admiral Beverage Corporation Project Information • The project as proposed consists of the acquisition, construction, equipping and installation of a facility for the warehousing and distribution of alcoholic and non-alcoholic products (the “Project”) by Admiral Beverage Corporation (the “Company”) • The Project will be located in the City of Roswell (the “City”) at 515 East Brasher Road, and construction is ongoing • Requested bond size for the Project is $9,000,000 • The Company’s Roswell operation currently employs 68 employees and anticipates hiring 7 additional employees following the completion of the Project Recent Roswell IRB PILOT – Leprino Foods Company Project • Aggregate bond size of $150,000,000 • Annual PILOT payments (2023): • $200,000 to Chaves County (38.7% of what would be due without IRB) • $90,000 to the Roswell Independent School District (the “District”) (22.1% of what would be due without IRB) • $66,667 to the City (nothing would have been due to the City without IRB) • $356,667 total (32.7% of what would be due without IRB) 5 6/22/2022 Proposed pilot for Admiral Beverage corporation project • Requested bond size of $9,000,000 • Proposed PILOT payments (2023): • $4,888 to the District (20% of what would be due without IRB) • $4,891 to the City (20% of what would be due without IRB) • $9,779 total (11% of what would be due without IRB) Tax payments for undeveloped project site • If the Company does not complete the Project, the value of the undeveloped project site is approximately $250,000 • Estimated tax payments for undeveloped project site: • $679 to the District • $679 to the City • In effect, the proposed PILOT payments to the District and the City are approximately 720% more than what the District and the City would otherwise receive if the Project is not constructed 6 6/22/2022 Industrial revenue bonds – timing and next steps • Next step in process would be consideration of the bond ordinance, which could occur as soon as the April 14th, 2022 City Council meeting • If the bond ordinance is adopted, closing for the industrial revenue bond transaction could occur as soon as 30 days after publication of the adopted bond ordinance Thank you 7

Agenda

LEGAL COMMITTEE MEETING AGENDA Thursday, March 24, 2022 4:00 PM City Hall Conference Room 425 N. Richardson, 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, February 24, 2022. (page 3) REGULAR ITEMS 1. RFP-22-010 Security Guard Services – Consider authorizing the City Manager to enter into contract negotiations with a pool of three (3) vendors for a Multi-Source Award. (page 5) 2. Department Reports (page 7) (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 22-14. 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 Legal Committee 03/24/2022 1 City of Roswell, New Mexico 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, March 18, 2022 TO ATTEND THE LEGAL COMMITTEE MEETING BY GO-TO-MEETING Thursday, March 24, 2022,4:00 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 GoToMeeting app and physically not attend during the pandemic. Legal Committee 03/24/2022 2 City of Roswell, New Mexico Regular Meeting of the Legal Committee Held in the Roswell Convention & Civic Center Thursday, February 24, 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 4:06 p.m. with Chair Stubbs presiding, Councilor Perry, Councilor Foster present and Councilor Lopez being absent. Staff present: Mike Matthews, Joe Neeb, Juan Fuentes, Janie Davis, Kevin Maevers, Christopher Josh Nairn-Mahan, Stephanie Garay, Jessica Collier, Amalia Martinez, and Parker Patterson. Guests present: Lisa Dunlap, Mona Kirk, Diane Taylor, Robert Corn, Tim Jennings, Beth Neeb, and Edward Heldenbrand. Public present via GoToMeeting: Peter Kelton with Admiral Beverage. APPROVAL OF AGENDA Councilor Jason Perry moved to approve the February 24, 2022, Legal Committee meeting agenda. Councilor Barry Foster as a second. A voice vote was 3-0, and the motion passed with Councilor Lopez being absent. APPROVAL OF MINUTES The Thursday, January 27, 2022, Legal Committee minutes were approved as written. REGULAR ITEMS 1. Resolution 22-XX: Open Meetings Act – Parker Patterson discussed the Resolution. Section 10-15-1 of the New Mexico Open Meetings Act requires that the City determine on an annual basis in a public meeting what notice is reasonable for the City Council and its standing committees. Councilor Barry Foster moved to recommend to full City Council adopting the Resolution pursuant to the New Mexico Open Meetings Act with scrivener changes. Councilor Perry as the second. A voice vote was 3-0, and the motion passed with Councilor Lopez being absent. 2. Ordinance 22-XX: Roswell Uniform Traffic Ordinance Code – Parker Patterson discussed the Ordinance. Chapter 24 of the Roswell City Code governs traffic. The provisions in Chapter 24, section 24-1 adopts by reference the Uniform Traffic Ordinance promulgated by the NMML. In addition, Section 24-2 establishes those traffic infractions categorized as penalty assessment misdemeanors. The proposed amendment would clarify the edition of the UTO used by the City, and update the penalty assessment chart. In addition, the proposed ordinance would adopt a new Section 24-7 addressing administratively suspended licenses. Councilor Perry moved Legal Committee 03/24/2022 3 City of Roswell, New Mexico to recommend approval to full City Council to advertise and hold a public hearing to consider adoption of the proposed ordinance. Councilor Foster as the second. A voice vote was 3-0, and the motion passed with Councilor Lopez being absent. 3. Ordinance 22-XX Admiral Beverage IRB – Parker Patterson discussed the Ordinance. Industrial Revenue Bonds are a mechanism by which the City can take legal title to property in order to fund bonds to provide tax benefits to further capital improvements by a private company thereby providing for local economic development. This project will be located within the corporate limits located at 515 E. Brasher Road. This project is estimated to be approximately $9,000,000, which will fund a new Warehouse Facility. Admiral Beverage currently employs 68 employees and anticipates hiring seven additional employees following the completion of the facility’s development. The City Council adopted Resolution 22-03 declaring its intent to issue an IRB for this project at its January 13, 2022 regular meeting. Councilor Perry moved to recommend approval to full City Council to advertise and hold a public hearing to consider adoption of the proposed ordinance. Councilor Foster as the second. A voice vote was 3-0, and the motion passed Councilor Lopez being absent. 4. Department Reports – City Clerk, Safety and Legal Department. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Peter Kelton ADJOURN The meeting adjourned at 4:32 p.m. Legal Committee 03/24/2022 4 City of Roswell, New Mexico AGENDA ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING Thursday, March 24, 2022 4:00 PM Roswell City Hall Conference Room 425 N. Richardson St., Roswell, NM 88201 RFP-22-010 – Security Guard Services ACTION REQUESTED: Consider authorizing the City Manager to enter into contract negotiations with a pool of three (3) vendors for a Multi-Source Award. BACKGROUND: Initiated by: Steve Christopher, Air Center Deputy Director RFP 22-010 sought proposals from qualified firms to provide security guard services for the Roswell Air Center (ROW) and any City of Roswell owned or leased property. The RFP was opened for proposals on January 16 through February 8, 2022. Three proposals were received. The Evaluation Committee completed their review and it is their recommendation to award this contract as a Multi-Source Award to Crusader Protective Services, lmperium Risk, Inc. and S.C.P. Security, LLC based on the evaluation criteria (average) scores provided in the award recommendation report. FINANCIAL City Departments will request services from any awarded vendor CONSIDERATION: based on the proposed pricing, funded from allocated department budgets. LEGAL REVIEW: The City Attorney has reviewed the award recommendation. BOARD and/or The March 24, 2022 meeting of the Legal Committee will be the first COMMITTEE ACTION: consideration of this item. STAFF Consider authorizing the City Manager to enter into contract RECOMMENDATION: negotiations with a pool of three (3) vendors for a Multi-Source Award. Legal Committee 03/24/2022 5 City of Roswell, New Mexico ROIWELL City of Roswell New Mexico Award Recommendation Report To: Isaac Salazar, Back up Interim Purchasing Agent, CPO From: Stephen Christopher, Air Center Deputy Director Date: February 25, 2022 Subject: Award Recommendation for: RFP-22-010 Utility Statement Processing and Mailing Services The City of Roswell posted RFP-22-010. Three (3) proposals were received on February 8, 2022. The Evaluation Committee completed their review and it is their recommendation to award this contract as a Multi-Source Award to . Crusader Protective Services, Imperium Risk, Inc. and S.C P. Security, LLC based on the evaluation criteria (average) scores provided below. | OFFEROR NAME - | AVERAGE SCORE Imperium Risk, Inc. 95 S.C.P. Security, LLC 86 Crusader Protective Services 78 Qualifications and Relevant Experience • The contractors provided a minimum of 3 references of prior work performed that were subject to this project and meet minimum security guard qualifications. Operational Plan • The contractors provided detail scope of work proving that the contractors understand the work that is to be completed in the Scope of Work. Financial Capabilities • The contractors provided documentation and explaination reflecting their ability to financially perform the work. Cost Proposal • The contractors provided hourly and holiday rates for Level 1, 2 and 3 guards. If you have any comments or questions, please contact me. Stephen Christopher Air Center Deputy Director Legal Committee 03/24/2022 6 seerosweH.com City of Roswell, New Mexico AGENDA ITEM NO. 2 – ABSTRACT LEGAL COMMITTEE MEETING Thursday, March 24, 2022 4:00 PM City Hall Conference Room 425 N. Richardson Roswell, NM 88201 Department Reports City departments that provide reports to the Legal Committee are as follows:  City Clerk  Legal  Safety Legal Committee 03/24/2022 7 City of Roswell, New Mexico March 2022 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 TYD – 111 o Same requestor #30 – 40 o Miscellaneous requestors - 14  Review and post the five standing committee meeting agendas and draft minutes  Gather data from the five (5) standing committees to prepare the City Council agenda  Review meeting agendas and draft minutes, and post agendas and various cancellation of meetings for: 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  Proof and amend abstracts and attachments for the City Council agenda  Post City Council agenda(s) 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  Review and complete various Special Dispenser Permits  Assisted the County with Elections  Attended the Canvass of 2022 Local Election  Interview eight candidates for City Clerk position Amalia Martinez – Interim City Clerk Legal Committee 03/24/2022 8 City of Roswell, New Mexico Legal Department March 2022 Report Litigation Criminal The Legal Department currently has 34 open criminal cases. During the reporting period, the Legal Department resolved  case and received 12 new criminal cases. Civil The Legal Department currently has 26 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: Massage Parlors Ordinance Revising Animal Control Ordinance Updating the Traffic Ordinance 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 5 contracts or agreements. Other The Legal Department is providing support to the City Clerk’s Office during its transition to a new City Clerk. Legal Committee 03/24/2022 9 City of Roswell, New Mexico CITY OF ROSWELL PROPERTY INCIDENT REPORTS February 28, 2022 COST COMPARISON 2020 2021 2022 Costs of Incidents by Department PREVENTABLE INCIDENTS MAR 2021- FEB 2022 $450,000 INCIDENT COMPARISONS DEPT. YEARLY TOTAL MONTH 2022 2021 2020 AIRPORT $2,500.00 $400,000 FAC MTNC $25,000.00 JANUARY 6 3 6 POLICE $68,823.89 FEBRUARY 4 2 9 $350,000 SANITATION $376,161.07 MARCH 2 7 PARKS $3,000.00 APRIL 5 4 STREETS $639.12 $300,000 WWTP $25,109.00 MAY 10 6 $501,233.08 JUNE 7 11 $250,000 JULY 7 5 MAR 2021- FEB 2022 AUGUST 7 5 YR/MONTH TOTAL AMT $200,000 SEPTEMBER 2 2 March-21 $0.00 OCTOBER 8 5 April-21 $7,943.56 $150,000 NOVEMBER 6 4 May-21 $383,025.21 DECEMBER 5 5 June-21 $25,372.82 $100,000 July-21 $7,587.33 TOTALS 10 64 69 August-21 $480.00 September-21 $2,685.04 $50,000 October-21 $26,000.00 November-21 $0.00 December-21 $0.00 $0 January-22 $46,139.12 JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC February-22 $2,000.00 TOTAL $501,233.08 11 10 2022 YEAR TO DATE 9 DEPARTMENT TOTAL AMT 8 AIRPORT 2,500.00 7 7 7 7 Axis Title PARKS 3,000.00 6 6 6 STREETS 639.12 5 5 5 5 5 POLICE 40,000.00 4 4 4 SANITATION 2,000.00 3 TOTAL: $48,139.12 2 2 2 JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DEC 2020 2021 Axis Title 2022 2022 INCIDENT 2022 - YEAR TO DATE DEPARTMENT TOTAL AMT POLICE 5 STREETS 1 5 AIRPORT 1 PARKS 1 SANITATION 2 TOTAL 10 2 1 1 1 Legal Committee 03/24/2022 AIRPORT PARKS POLICE 10 SANITATION STREETS City of Roswell, New Mexico CITY OF ROSWELL WORKERS COMPENSATION CLAIMS 2022 8 WORKERS COMPENSATION CLAIM COMPARISON MONTH 2022 2021 2020 2019 2018 2017 2016 JANUARY 9 9 5 5 4 4 6 1 1 1 FEBRUARY 2 6 5 2 3 4 3 MARCH 12 2 5 1 5 2 APRIL 7 4 5 6 6 2 PARKS POLICE SANITATION TRANSIT MAY 3 7 6 4 8 5 JUNE 1 5 19 4 2 9 WORKERS COMPENSATION CLAIMS 2021 JULY 3 5 13 9 8 7 17 AUGUST 5 3 6 6 4 SEPTEMBER 3 3 5 6 3 8 OCTOBER 6 1 6 6 2 14 NOVEMBER 8 2 2 2 4 3 11 DECEMBER 5 4 2 3 2 4 9 LOST TIME 4 14 17 14 11 19 16 NO LOST TIME 7 46 30 62 43 29 51 TOTAL CLAIMS 11 60 47 76 54 48 67 5 4 4 3 2 1 1 1 1 1 ANIMAL FAC MTNC FIRE GOLF PARKS POLICE SANITATION TRANSIT CENTRAL WATER MTNC WWTP ZOO PR CONTROL WORKERS COMPENSATION CLAIMS 2020 17 7 3 4 3 3 2 1 2 1 2 1 1 ANIMAL CONTROLFAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS DISPATCH WATER MTNC WWTP Legal Committee 03/24/2022 11 City of Roswell, New Mexico

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