Legal Committee

Regular Meeting of the Legal Committee Held in the Roswell City Hall Thursday, August 25, 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 4:30 p.m. with Chair Heldenbrand presiding, Councilor Oropesa, Councilor Arnold present and Councilor Corn being absent. Staff present: Steve Christopher, Todd Verciglio, Gabrielle Han, Jenna Lanfor, Parker Patterson, Kevin Maevers, Scott Stark, Christopher J. Nairn-Mahan, Mike Mathews, and Amalia Martinez. Guests present: Rob Coon, George Stephenson, Allen Shanley, Del Journey, Barbara Gomez, Peggy Seskey, Councilor Corn-Best, Nancy Fleming, Elaine Howe, Lisa Dunlap, Councilor Jason Perry. Jeff Harts via GoTo. APPROVAL OF AGENDA Councilor Arnold moved to approve the August 25, 2022 Legal Committee meeting agenda. Councilor Oropesa as a second. A voice vote was 3-0, and the motion passed with Councilor Corn being absent. APPROVAL OF MINUTES Councilor Oropesa moved to approve the Legal Committee meeting minutes from July 28, 2022. Councilor Arnold as the second. A roll call vote was as follows: Ed Heldenbrand –yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. REGULAR ITEMS 1. RAC Lease Agreements (A) Charles Murphy – Jenna Lanfor discussed the lease. Councilor Arnold moved to send to the consent agenda the recommendation to authorize Thurston Woods to enter into a lease for a portion of Building 1776 consisting of 1,798 square feet, more or less, of space located at the Roswell Air Center for the purpose of storage of personal items. Thurston Woods is an existing tenant. Term commencing August 1, 2022 through July 31, 2023, (1) year. Thurston Woods agreed to lease agreement proposal via phone 06/23/2022. Rent amount is $4,045.50 annually, payable in 12 monthly installments of $337.13. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold-yes, and the motion passed 3-0 with Councilor Corn being absent.  (B) SCEYE, Inc.– Jenna Lanfor discussed the lease. Councilor Oropesa moved to send to the consent agenda the recommendation to authorize SCEYE, Inc. to enter into a lease for Building No.1670 consisting of 4,947 square feet, more or less, and a parcel of land consisting of 75,000 square feet, more or less, located at the Roswell Air Center for the purpose of research and development of lighter than air vehicles. Term commencing September 1, 2022 through August 31, 2027, (5) years. SCEYE, Inc. agreed to lease agreement proposal via email from Dayan Hochman-Vigil (Legal Counsel) 08/08/2022. Councilor Arnold as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent.. 2. RFP-23-003: Sale of 316 N. Richardson Building – Todd Verciglio discussed RFP- 23-003. Councilor Arnold moved to consider approving a scope of work for RFP- 23- 003 Sale of 316 N. Richardson Building by the Community Development on the consent agenda. The property used to be the old Business Notions site. The property was donated to the City of Roswell Library in 2020. The Library does not have a need for the property. The City is looking for a long-term economic impact of the business established through the sale of the 316 N. Richardson. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. 3. MainStreet New Mexico Biennial MOU – Kevin Maevers discussed the MOU. Councilor Oropesa moved to send Finance to approve the Biennial MOU between the City, MainStreet Roswell and NM MainStreet. The New Mexico MainStreet (NMMS) is an economic development partnership authorized to select local partners to participate in the New Mexico MainStreet’s program. In order for MainStreet Roswell to be eligible to receive support from NMMS, the City is required biennially to enter into an MOU with NMMS and MainStreet Roswell establishing mutual agreement on the roles, responsibilities and expectations between the three partners of the MOU. Councilor Arnold as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. 4. Resolution 22-XX: Biennial Declaration of Support and Collaboration with MainStreet Roswell – Kevin Maevers discussed the Resolution. Councilor Arnold moved to recommend to full City Council to approve the MOU between the City, MainStreet Roswell and New Mexico MainStreet requires that the City adopt annually a resolution of support for MainStreet Roswell. This resolution is necessary for MainStreet Roswell to be eligible for support from NMMS. There are no direct financial requirements associated with this Resolution, however, the resolution contemplates that the City will commit to funding MainStreet Roswell in an amount of $40,000 by separate agreement. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. 5. Mead & Hunt – Air Service Development Consulting Services – Scott Stark discussed the Contract Renewal . RFP 21-006 was approved by Council July 8, 2021. The City manager negotiated a contract with Mead & Hunt. The contract may be renewed for  up to three (3), one-year renewals by mutual agreement. This request is to exercise the first renewal. Contract term: August 1, 2022 through July 31, 2023. The contract has base fees of $66,625.00, to be paid from Air Center FY 2023 budget. Application for an ASAP grant from NMDOT Aviation Division has been submitted in the amount of $400,000 with a 50% match. Expenditures over $60,000.00 require City Council approval. Councilor Oropesa as a second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. 6. Faith Group Phases II & III – Scott Stark discussed the project. Councilor Arnold moved to send to full City Council the approval of contracting the research and generation of an Airport Security Master Plan (Phase II) and Systems Upgrade Implementation (Phase II) with consideration to grant reimbursement. This project was awarded through a sole source process to Faith Group, LLC and Phase I was previously approved by City Council. The Faith Group specializes in airport security programs and systems. Phase II (Airport Security Master Plan) will focus on documenting airport security, including staffing, training, policies and procedures, security systems, associated support infrastructure and physical security. This task will include recommendations, ROM costs, a spend plan, and a roadmap for implementation in order to make improvements to airport security. Phase III (Systems Upgrade Implementation) will be the actual creation of RFPs, solicitation, procurement and installation of systems and improvements. The comprehensive SOW will ensure a compliant and sustainable Airport Security Program. The fees are: Phase II - $98,491.60, Phase III $64,628 to be paid out of Air Center reserve funds which will require a budget adjustment. Expenditures over $60,000.00 require City Council approval. Councilor Oropesa as a second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. 7. Honeywell International (Fire Alarm) – Stephen Christopher discussed the new lease. The new lease agreement requires the fire alarm system and accompanying equipment be restored to maximum efficiencies. Honeywell International is a GSA contractor and they are proposing to replace the fire alarm system, according to the U.S. Fire Administration, most alarms have a life span of 8-10 years. After this time, the entire unit should be replaced. A new Honeywell fire alarm system will replace the existing Honeywell Notifier Fire Alarm System that was originally installed when the building was built. The Notifier system is currently in an obsolete condition. Honeywell could not evaluate the condition of the system components due to the age of the system and believe the system is not fully operational due to the obsolescent condition. Honeywell has submitted a proposal bid (Sales Tax Excluded) in the amount of one hundred sixty-six thousand four hundred dollars and no cents ($166,400.00). The Legal Department has verified Honeywell GSA contract (47QSWA18D0057) is in effect May 25, 2018 and valid until May 24, 2023. Contractual agreements exceeding sixty thousand dollars ($60,000.00) require approval by the City Council. Councilor Oropesa moved to send to Finance Committee the recommendation to authorizing Honeywell International, GSA Contractor to repair and upgrade the fire alarm system in building 500, located at 47 Gail Harris Street for the amount $166,400.00. Councilor Arnold as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn  being absent. 8. Honeywell International (HVAC) Stephen Christopher discussed the lease. The new lease agreement requires the HVAC unit and accompanying equipment be restored to maximum efficiencies. Honeywell International is a GSA contractor and they are proposing a new chiller to replace the existing chiller. Three of the four compressors on the chiller have failed and the unit is operating at 25% capacity. They did not find any communication device from the chiller to the building automation system. A BacNet communication card will be included with the new chiller and connected to the building automation system. Honeywell has submitted a proposal bid (Sales Tax Excluded) in the amount $554,800.00. The Legal Department has verified Honeywell GSA contract (47QSWA18D0057) is in effect May 25, 2018 and valid until May 24, 2023.Contractual agreements exceeding sixty thousand dollars ($60,000.00) require approval by a majority of quorum of the City Council. Councilor Arnold moved to send to Finance Committee the recommendation to authorizing Honeywell International, GSA Contractor to repair and upgrade the HVAC unit in building 500, located at 47 Gail Harris Street for the amount $554,800.00. Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. 9. Geneva’s Cleaning Service – Stephen Christopher discussed the contract. Councilor Oropesa moved to recommend authorizing expenditure of $72,735.30 for Geneva’s Cleaning Service to provide janitorial services in building 500, located at 47 Gail Harris Street. The new lease agreement includes janitorial services in the monthly rent/operations rate. The Roswell Air Center is required to begin janitorial services on 09/13/2022. The proposal includes the required janitorial services commencing 09/13/2022 and ending 06/30/2023. Geneva’s Cleaning Service has submitted a proposal bid (Sales Tax Included) in the amount of seventy-two thousand seven hundred thirty-five dollars and thirty cents ($72,735.30). Councilor Oropesa as the second. A roll call vote was as follows: Ed Heldenbrand-yes, Juan Oropesa-yes, Cristina Arnold -yes, and the motion passed 3-0 with Councilor Corn being absent. 10. Department Reports – City Clerk, Human Resources, Air Center, and Legal Department. Discussion only, no action taken. CHAIR COMMENTS, REPORTS, ANNOUNCEMENTS None PUBLIC PARTICIPATION Daniel Gutierrez with MainStreet New Mexico via GoTo. ADJOURN The meeting adjourned at 5:54 p.m.