legal committee meeting agenda thursday, october 28, …

LEGAL COMMITTEE MEETING AGENDA Thursday, October 28, 2021 4:00 PM Roswell City Hall Conference Room

425 N. Richardson St., Roswell, NM 88201

Chair: Vice Chair: Members:

Staff Liaison:

Judy Stubbs, Ward 3 Daniel Lopez, Ward 4 Jason Perry, Ward 2 Barry Foster, Ward 5 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, September 23, 2021. (page 3)

REGULAR ITEM 1. Res. 21-XX: RAC Water Rights – Consider recommending adoption of Resolution 21-XX relating to

water rights at the Roswell Air Center. (page 6)2. Boys & Girls Club Lease Agreement – Consider recommending approval of a lease agreement

with Boys & Girls Club of Chaves and Lincoln County, Inc. (page 8)3. Boys & Girls Club Services Agreement – Consider recommending approval of a services

agreement with the Boys & Girls Club of Chaves and Lincoln County, Inc. (page 27)4. EDC Services Agreement – Consider recommending approval of a Business Retention, Expansion,

and Economic Development Agreement. (page 43)5. Ord. 21-XX: Clean Air Act - Consider recommending to advertise to hold a public hearing to

consider adoption of proposed Ord 21-XX repealing Chapter 16, Article 1, Sec. 16-9: Smoke Free Air Act from the Municipal Code and replacing it with Chapter 14, Article 5: Clean Air Act. (page 64)

6. Ord 21-XX: Second Amendment to Chapter 27: Cannabis - Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX amending Chapter 27 of the Roswell City Code. (page 75)

7. Ord. 21-XX: Waste Management Franchise - Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Waste Management of New Mexico, Inc. (page 92)

8. Ord. 21-XX: Whitcamp Franchise - Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection,

Legal Committee 10/28/2021 --1-- City of Roswell, New Mexico

transportation and disposal services within the City of Roswell to Whitcamp Disposal Company. (page 95)

9. Ord. 21-XX: SW Disposal Franchise - Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Southwest Disposal Corporation. (page 98)

10. Ord 21-XX: Desert Southwest Franchise - Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Desert Southwest Enterprises, LLC. (page 101)

11. Department Reports (page 104)(A) City Clerk(B) Legal(C) Safety(D) Human Resources

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.

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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 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 Perrymoved to send to the consent agenda the recommendation to authorize Carl Day, torenew an existing lease on Hangar 120 – 5, consisting of 1,002 square feet, more orless, for the purpose of aircraft storage and maintenance. Carl Day has been a tenantsince 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 voicevote was 3-0, and the motion passed, with Councilor Lopez being absent.

B. Dixie Lee Wagner, and Cliff Waide, as individuals – Scott Stark discussed theagreement. Councilor Perry moved to send to the consent agenda therecommendation to authorize Dixie Wagner and Cliff Waide, to renew an existinglease on Hangar 91 - D, consisting of 4,589 square feet, more or less, for the purposeof aircraft storage and maintenance. Wagner and Waide have been a tenant since11/1999. Rent amount is $922.00 monthly; $11,064.00 annually. Term: December1, 2021 to November 30, 2022. Councilor Foster as the second. A voice vote was3-0, and the motion passed, with Councilor Lopez being absent.

C. Christopher Lynn, as individual - Scott Stark discussed the agreement. CouncilorFoster 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 another 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 the 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 Foster 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.


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 consider recommendation 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 ITEM NO. 1– ABSTRACT LEGAL COMMITTEE MEETING

Thursday, October 28, 2021 4:00 PM Roswell City Hall Conference Room


Res. 21-XX: RAC Water Rights

ACTION REQUESTED: Consider recommending adoption of Resolution 21-XX relating to water rights at the Roswell Air Center.

BACKGROUND: Initiated by: Scott Stark

In acquiring the old Walker Air Force Base, which became the Roswell Air Center, the City entered into an Indenture Agreement with the Federal government, a condition of which was that the Air Center and its assets were required to be used as a municipal airport or related purposes. Among the assets acquired by the City through the agreement were wells and water rights in the amount of 2,500 acre feet and the City utilizes those water rights to provide water to the City

The proposed resolution would set a value to the RAC water rights, and provide that the City Water Department budget and allocate funds to reimburse the RAC for use of its water rights outside of the RAC.

FINANCIAL CONSIDERATION:

Roswell Water Enterprise Fund would budget and contribute to the RAC $220.00 per acre/foot. (present value $548,699.34) annually for use of its water rights.

LEGAL REVIEW: The City Attorney has reviewed the proposed Resolution.

Resolutions are adopted by majority vote of the entire Governing Body.

BOARD and/or COMMITTEE ACTION:

This item was previously considered by the Roswell Airport Advisory Commission and recommended for adoption by a vote of 4-1.

STAFF RECOMMENDATION:

Consider recommending adoption of Resolution 21-XX relating to water rights at the Roswell Air Center.


RESOLUTION 21-XX 1 2

A RESOLUTION ESTABLISHING A FEE FOR USE OF THE ROSWELL AIR CENTER 3 WATER RIGHTS IN THE AMOUNT OF 2,500 ACRE/FEET AS PART OF THE 4

ROSWELL WATER DISTRIBUTION SUPPLY SYSTEM 5 6

WHEREAS, the City of Roswell acquired the Walker Air Force Base from the Federal 7 government in 1967 pursuant to an indenture agreement; and 8 9

WHEREAS, a condition listed within these documents for the Air Center is that the base 10 and its assets were required to be used to operate the Roswell Air Center; and 11

12 WHEREAS, among the assets acquired by the City through the agreement were wells 13

and water rights in the amount of 2,500 acre feet and the City utilizes those water rights to 14 provide water to the City. 15

16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE 17

GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 18 19 SECTION 1. Fees and Charges Established. 20 21 The Roswell City Council has established the value of the 2,500 acre/feet of RAC water rights at 22 $220.00 per acre/foot. (present value $548,699.34 annually based upon contribution through utility 23 bills) 24 25 SECTION 2. Annual Allocation. 26 27 The City Council declares that the Roswell Water Enterprise Fund (RWEF) will budget the total 28 sum of the value of these water rights to the Roswell Air Center annually in its budget process, as 29 long as the water rights are utilized by the city to contribute water from them for its use by RWEF. 30 31 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 32 33 CITY SEAL 34 35 36 _____________________________ 37 Dennis Kintigh, Mayor 38 ATTEST 39 40 41 42 43 44 _____________________ 45 Sharon Coll, City Clerk 46



Thursday, October 28, 2021 4:00 PM Roswell City Hall

425 N. Richardson Ave., Roswell, NM 88201

Boys & Girls Club Lease

ACTION REQUESTED: Consider recommending approval of the lease agreement with the Boys & Girls Club of Chaves and Lincoln Counties.

BACKGROUND: Initiated by: Todd Verciglio Boys & Girls Club of Chaves and Lincoln Counties wishes to the lease the property on 201 S Garden. The Boys & Girls club will provide programs and services within the community for our local youth.


Boys & Girls Club of Chaves and Lincoln Counties would pay monthly rent in the amount of $1,000/month for the use of the building and provide insurance.

LEGAL REVIEW: The City Attorney has reviewed the proposed Lease Agreement Leases and other contractual agreements generally require approval by a majority vote of the Governing Body present and voting.


The Thursday, October 28, 2021 meeting of the Legal Committee will be the first consideration of this matter.


Consider recommending approval of the Lease Agreement with the Boys & Girls Club


LEASE AGREEMENT

This LEASE AGREEMENT (“Agreement”) is hereby entered into on this January 1, 2022

(the “Effective Date”), by and between the CITY OF ROSWELL, NEW MEXICO (“City”), a

political subdivision of the State of New Mexico, located at 425 N. Richardson, Roswell, NM

88201, and BOYS & GIRLS CLUB OF CHAVES AND LINCOLN COUNTIES, INC., a(n) New

Mexico Nonprofit Corporation, whose principal address is 134 Reese Dr., Ruidoso, NM 88345

(“Boys & Girls Club”), collectively referred to herein as the Parties.

RECITALS

WHEREAS, the City is the fee owner of and has the right to utilize, including the right to

lease, the following described real property, together with the improvements thereon, in Chaves

County, New Mexico, to wit:

Subd: PETROLIA Block: 1 Lot: 201 AND:- Lot: 202 , BK: 370 PG: 169 QCD, known as

201 S Garden, Roswell, NM 88201, and referred to hereinafter, as “Premises”; and

WHEREAS, the City wishes to provide a safe haven for youth, especially those in need,

so that they may succeed in life and stay off the streets; and

WHEREAS, the City wishes to inspire and enable local youth in our community to realize

their full potential as productive, responsible, and caring citizens through collaboration with

community partners; and

WHEREAS, the City wishes to lease the Premises to provide a location for community

programs and services of the Boys & Girls Club of America.

NOW THEREFORE, in consideration for the mutual covenants contained herein, Boys

& Girls Club and the City agree as follows:

1. GRANTING CLAUSE

For the Term, at the Rent and otherwise upon the terms, provisions and conditions

contained herein, the City hereby lets and leases unto Boys & Girls Club the surface only to

Premises, together with all improvements located thereon. In addition, the City hereby grants the

Boys & Girls Club the right to use the adjacent park facilities for activities which are scheduled in

advanced. Use of the park facilities for scheduled activities may be restricted by the City.

2. RENT

a. Boys & Girls Club agrees to pay to the City as rent the sum of ONE THOUSAND

AND 00/100 DOLLARS ($1,000.00) per month during the Term, the first payment of which shall


be due on January 10, 2022, and thereafter on the tenth day of each month. After the first year of

the Term, Rent will be adjusted every year by 3% or Consumer Price Index – All Urban Consumers

(“CPI”), whichever is greater.

b. If Boys & Girls Club 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, Boys & Girls Club shall pay to the

City an additional 12% 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 the City in the

exercise of any other right or remedy to which it may be entitled by reason of Boys & Girls Club’s

failure to pay rent when due. All rent shall be paid to the City without abatement, reduction or set

off of any kind except as herein specifically provided.

3. SECURITY DEPOSIT

a. Upon the execution of this Agreement, Boys & Girls Club shall pay to the City the

following a security deposit of to be held as security for the payment of rent and the faithful

performance by Boys & Girls Club of all of its obligations under this Agreement:

☐ i. $ .

☒ ii. The City waives the security deposit for this Agreement.

4. TERM

The term of this Agreement shall commence on the Effective Date and shall continue for a

period of 5 years (the “Term”). This Agreement may thereafter be renewed for up to 3 additional

period(s) of 5 years each (the “Renewal Terms”), upon mutual written agreement of the Parties.

Each Renewal Period shall be governed by the same terms and conditions hereof, except as may

be otherwise agreed in writing by the Parties.

5. USE OF PREMISES

a. Boys & Girls Club shall use Premises solely for the purposes of operating a

community youth center, as more fully described in the Services Agreement between the Parties,

effective of even date herewith, and related uses, and for no other purposes. Boys & Girls Club

shall not use the Premises for any purpose prohibited by the laws of the United States, the State of

New Mexico, or the ordinances of the City of Roswell.

b. Boys & Girls Club shall conduct and operate its business in such a manner so as to

prevent the performance of any act, creation, or maintenance of anything which in the opinion of


the City may be or become a nuisance of otherwise noxious or objectionable condition including,

but not limited to, any act or thing resulting in noise, vibration, shock, smoke, dust, odor, other

forms of air pollution, or other condition, substance, or element in such amounts as to affect the

surrounding area or adjoining premises. The City shall be the sole judge as to whether any act done

or things created or maintained by Boys & Girls Club on the Premises is or may become a nuisance

or otherwise noxious or objectionable condition and Boys & Girls Club agrees to abide by the

City's decision and act in accordance with its directions with respect thereto.

c. Proper disposal of trash, fluids, parts, hazardous or contaminated waste or materials

of whatsoever kind, type or description generated on or as a part of Boys & Girls Club’s use or

occupancy of Premises is the sole and absolute responsibility of Boys & Girls Club. Boys & Girls

Club shall comply with all Federal, State and local regulations, laws and ordinances of the City of

Roswell in disposal of any such materials. Improper disposal of trash, fluids, parts, hazardous or

contaminated waste or materials of whatsoever kind, type or description, generated on or as a part

of Boys & Girls Club’s use or occupancy of Premises shall be grounds for the immediate

termination of this Agreement with or without process of law. Boys & Girls Club represents to

the City that it will not release any hazardous materials at, in, on or about Premises. To the extent

it is proven that hazardous materials have been released by Boys & Girls Club during the Term,

Boys & Girls Club hereby unconditionally agrees at its sole cost to defend, indemnify, protect and

hold the City harmless from and against any bodily injury, death or property damage, including

(1) environmental claims, (2) environmental expenses, including without limitation, the handling,

investigation, treatment, storage decontamination, remediation, removal, transport or disposal of

such hazardous materials, and (3) liabilities, losses, damages, fines, penalties, charges, orders,

judgments, or liens caused by such release.

6. CONDITION OF THE PREMISES

Boys & Girls Club has inspected Premises and accepts Premises in its present condition,

as is. Boys & Girls Club acknowledges that any requirements for accessibility and/or public

accommodation(s) are Boys & Girls Club’s responsibility. The City makes no representations or

warranties that Premises is suitable for Boys & Girls Club’s use or any other purpose.

7. MAINTENANCE

a. Boys & Girls Club, at its own expense, shall maintain Premises and appurtenances

to Premises in good repair and in at least as good condition as that in which they were delivered,


allowing for ordinary wear and tear, and provided that Premises shall not be required to make any

structural repairs or alterations, which shall be the responsibility of the City, except as provided

below. Boys & Girls Club shall be responsible for landscaping, daily cleaning and janitorial

services of the Premise, however, the City may provide such services in its discretion.

b. Repairs required to be made by Boys & Girls Club under this Section include,

without limitation, plumbing fixtures, fire extinguisher inspections, HVAC system and

components, kitchen equipment and hardware, provided however, that the City shall be solely

responsible for maintenance and repair for the fire suppression system. The City shall have access

to the Premises, upon reasonable notice, at all times for the purposes of making necessary

inspections and conducting appropriate and necessary maintenance to the fire suppression system.

The City, absent an emergency situation, shall give Boys & Girls Club at least seven (7) days’

notice prior to entering the premises for the purpose of necessary inspections and maintenance of

the system.

c. Boys & Girls Club shall be responsible for any repairs or replacement made

necessary as a result of its activities at the Facility, including without limitation, any plate glass

door or window broken from the inside and any glass breakage from the outside. All capital

improvement expense related to maintenance and repair will be discussed amongst the Parties and

coordinated for available funding. Boys & Girls Club shall work in consultation with the City to

assess, evaluate, and plan for capital improvements and other facility maintenance required at the

Premises

d. The City shall be the sole judge of the quality of repair and maintenance by Boys

& Girls Club under this Section and, upon written notice by the City, Boys & Girls Club shall be

required to perform whatever maintenance or repairs deemed necessary by the City. If said

maintenance or repair is not undertaken within ten (10) days after receipt of written notice, the

City shall have the right to enter upon Premises and perform the necessary maintenance, the cost

of which shall be borne by Boys & Girls Club.

e. Boys & Girls Club shall notify the City of any structural repairs as soon as Boys &

Girls Club knows or should know of the need for such repairs. The City shall bear the cost and

responsibility of such structural repairs, except to the extent caused by Boys & Girls Club’s failure

to timely notify the City of the need for such repairs, or made necessary as a result of the activities

of Boys & Girls Club at Premises. The cost of structural repairs made necessary as a result of Boys


& Girls Club’s activities or failure to timely notify the City shall be shall be deemed additional

Rent and shall be payable to the City on demand together with interest thereon at the rate of fifteen

percent (15%) per annum.

8. TAXES, LICENSES AND UTILITIES

During the Term hereof, Boys & Girls Club shall pay all taxes, licenses, charges, fees or

assessments levied or to be levied upon personal-property, fixtures or equipment placed by Boys

& Girls Club upon Premises, of whatsoever kind or nature, incident to or arising out of the conduct

of Boys & Girls Club’s activities. Failure to have or maintain any appropriate current license or

permit shall be a breach of this Agreement. Boys & Girls Club shall be responsible for all utilities

to Premises. Boys & Girls Club shall pay all utilities used on the Premises, including but not

limited to telephone, electricity, gas, and water.

9. PERSONAL PROPERTY AND FIXTURES

All personal property and fixtures of Boys & Girls Club in and on Premises shall be kept

at the sole risk of Boys & Girls Club, and the City shall not be liable for any damage thereto or to

Boys & Girls Club for interruption of business or otherwise. Boys & Girls Club hereby waives all

causes or rights of recovery against City, its agents, employees, invitees and for any loss to such

personal property and fixtures on Premises or to consequential loss arising there from caused by

fire or other casualty, whether negligently caused or not.

10. EQUIPMENT AND IMPROVEMENTS

a. Except as otherwise provided herein, Boys & Girls Club shall have the right to

install such equipment as may be necessary for the conduct of its business on Premises; and at the

expiration or termination of the Agreement Boys & Girls Club shall have the right to remove all

of such equipment installed by Boys & Girls Club that is removable without damage to Premises.

Also, except as provided in this Agreement, Boys & Girls Club shall, upon written demand by the

City, at Boys & Girls Club’s sole cost and expense, forthwith and with all due diligence, remove

any alterations, additions, or improvements made by Boys & Girls Club pursuant to this Section.

b. Boys & Girls Club shall not make, suffer or permit to be made, any major additions,

alterations or improvements on Premises (including but not limited to, installing carpeting, air

conditioning, painting, or attaching anything to the walls other than by plug-in) without first

obtaining the written consent of the City, which consent will not be unreasonably withheld. At the


termination or expiration of this Agreement, all such permitted improvements shall become the

sole property of the City.

c. The foregoing notwithstanding, it is understood and agreed that the built-in

counters, wall shelving, signs and other equipment existing at the beginning of this Agreement are

the property of the City, which shall have the right to remove them with reasonable notice to the

Boys & Girls Club.

d. Boys & Girls Club agrees that it will not construct or place, or permit to be

constructed or placed, signs, awnings, marquees, or other structures projecting from the exterior

of the premises without the City's written consent. Boys & Girls Club agrees to maintain, at its

own expense, all signs and have them serviced as necessary on a regular basis so as not to allow

such signs to deteriorate or become unsightly.

e. No aerial or antenna shall be erected on the roof or exterior wall without first

obtaining permission from the City. Any remodeling or construction projects must be submitted

to the City for approval and must contain the approval of the City Manager, a licensed architect, if

applicable, and/or maintenance staff of the City before any remodeling of the current building.

11. MECHANICS’ LIENS

In the event that Boys & Girls Club makes any major alterations, additions or

improvements, as provided for above, Boys & Girls Club shall not cause, suffer or permit any

mechanic’s, materialmen’s, or other liens to be filed against Premises, or any part thereof, nor

against Boys & Girls Club’s leasehold interest, by reason of work, labor, services, or materials

supplied or claimed to have been supplied to Boys & Girls Club. In the event that such liens shall

be recorded against the Premises, Boys & Girls Club shall cause the same to be removed or, in the

alternative, if it in good faith desires to contest the same, it shall be privileged to do so, but in such

case Boys & Girls Club hereby agrees to indemnify and save the City harmless from all liability

for damages occasioned thereby and shall, in the event of a judgment of foreclosure, cause the

same to be discharged and removed prior to the execution of such judgment.

12. ACCESS AND INSPECTION

Upon giving reasonable notice to Boys & Girls Club, the City may enter Premises during

Boys & Girls Club’s regular business hours and have free access to Premises and improvements


located thereon for the purpose of inspecting the condition thereof or exercising any right or power

reserved to City under the terms and provisions of this Agreement.

13. HOLDOVER

In the event Boys & Girls Club remains in possession of Premises after the expiration or

termination of this Agreement, Boys & Girls Club shall be deemed a tenant at sufferance, and shall

be required to pay to the City the fair market rental value of the Premises on a monthly basis, and

Boys & Girls Club’s occupancy shall be governed in all other respects by the provisions hereof,

except as to the duration of the Term.

14. CONDEMNATION

a. In the event that the Premises or any portion thereof shall be condemned for public

or quasi-public purpose, or shall be taken by any governmental authority in any manner whatsoever

during the Term hereof, this Agreement shall terminate as of the effective date of such

condemnation or taking, unless the Parties mutually agree that any remainder left after a partial

condemnation or taking is still suitable for the purposes of this Agreement, in which case this

Agreement may continue at the election of the Parties. In such event, Boys & Girls Club shall bear

any necessary costs of relocating its equipment and placing the remaining Premises in proper and

usable condition.

b. In the event of total or partial condemnation or taking of the Premises as aforesaid,

all compensation awarded or paid upon a total or partial taking of the Premises shall belong to City

and Boys & Girls Club shall have no right or cause of action against City; provided, however that

Boys & Girls Club shall be entitled to participate in any award to the extent that such award

includes the loss, if any, sustained by Boys & Girls Club as a result of the termination of this

Agreement or diminution of its leasehold estate and the value of any fixtures condemned or taken

if such fixtures were installed by Boys & Girls Club and are located upon Premises at the time of

such condemnation or taking. Boys & Girls Club reserves the right to proceed independently of

City with any claim for compensation for damages to which Boys & Girls Club may become

entitled by reason of such total or partial condemnation or taking.

15. DAMAGE OR DESTRUCTION OF PREMISES

a. In the event Premises is damaged or destroyed by fire, the elements, or other perils

or casualty not the fault of Boys & Girls Club, the City may, in its sole and absolute discretion,

repair or rebuild the same within a reasonable time after the event causing such damage, or


terminate this Agreement by 30 days’ written notice to Boys & Girls Club. If the City elects to

repair or rebuild, this Agreement shall remain in full force and effect, except that Boys & Girls

Club’s obligation to pay Rent shall be waived or reduced based upon the extent to which the

damage and making of such repairs shall reasonably interfere with the activities carried on by Boys

& Girls Club in Premises, as determined by the City. The City shall not be required to repair any

damage by fire or other casualty, or to make any repair or replacements, of any leasehold

improvements, fixtures, or other personal property of Boys & Girls Club. In no event shall the City

be liable to or for any costs incurred by Boys & Girls Club as a result of disruption of its activities

by casualty under this Section.

b. In the event that the City elects to repair or rebuild Premises under this Section, the

City shall act promptly and with due diligence, but the City shall not be responsible for delays

caused by factors beyond the City’s control, including but not limited to delays because of strikes,

work slowdowns or stoppages, accidents, failure of any governmental or other authority to act in

a timely manner, or delays caused by contractors. If such delays occur, Boys & Girls Club agrees

that the City shall not be responsible for damages, nor shall the City be deemed to be in default

under this Agreement.

16. TERMINATION

Either Party may terminate this Agreement at any time during the Term or any Renewal

Term hereof by giving 180 days’ written notice in advance for cause. The foregoing

notwithstanding, the City may terminate this Agreement, with or without cause, upon 180 days

written notice in advance, by majority vote of the City Council. Termination under this Section

shall not terminate, prejudice or otherwise effect any right or obligation accruing hereunder prior

to the termination.

17. SURRENDER

Upon expiration or termination of this Agreement, Boys & Girls Club shall quit and

surrender Premises to the City within 30 days of the expiration or notice of termination, in as clean

and good order and condition as it was at the commencement of the Term, normal wear and tear

excepted. Except as otherwise provided for herein, Boys & Girls Club shall remove all of its

personal property and fixtures from Premises prior to surrender and any such personal property or

fixtures abandoned on or about the Premises after surrender shall become irrevocably the property

of the City, but Boys & Girls Club shall be liable for any costs to the City of disposing of any of


its property or fixtures left after surrender that the City, in its discretion, does not elect to keep.

Boys & Girls Club shall be further liable for any costs of repairs, restoration or cleaning of

Premises made necessary as a result of Boys & Girls Club’s failure to maintain its obligations

under this Section.

18. INSURANCE

a. Boys & Girls Club agrees to have and maintain the polices of insurance set forth in

Exhibit A: Insurance, which Exhibit is attached hereto and incorporated by reference as if set forth

fully herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by

the City as to form and content. These requirements are subject to amendment or waiver only if so

approved in writing by the City. A lapse in any required insurance coverage during this Agreement

shall be a breach of this Agreement.

b. Boys & Girls Club’s insurance obligations under this Agreement shall be:

i. all insurance coverage and/or limits by or available to Boys & Girls Club;

or

ii. the minimum coverage requirements and/or limits set forth in Exhibit A,

whichever is greater.

c. Any insurance proceeds in excess of or broader than the minimum required

coverage and/or minimum required limits set forth in Exhibit A, which are applicable to a given

loss, shall be available to the City. No representation is made that the minimum insurance

requirements set forth in Exhibit A are sufficient to cover the obligations of Boys & Girls Club

pursuant to this Agreement. Boys & Girls Club’s requirements under this Section shall be referred

to herein as the “Insurance.”

d. Maintenance of insurance coverage set forth in this Section during the entire Term,

and any Renewal Term, is a material element of this Agreement and failure to maintain or renew

coverage or to provide evidence of the existence or renewal of required insurance may be treated

by the City as a material breach of this Agreement.

19. INDEMNIFICATION AND HOLD HARMLESS

a. The City shall not be liable to Boys & Girls Club or to Boys & Girls Club's

employees, customers, visitors, or any other person for any injury or damage to person or property

arising from any cause whatsoever which shall occur in any manner in or about the premises in

connection with, or arising out of, Boys & Girls Club's operation and use of Premises.


b. Boys & Girls Club agrees to accept responsibility for loss or damage to any person

or property, and to release, defend at its own expense, indemnify, and hold harmless the City, its

council members, officials, officers, employees, agents, and volunteers, against any and all

liability, actions, claims, losses, damages, disabilities, and expenses, including costs of litigation

and reasonable attorneys’ fees, that are asserted by any person or entity, to the extent arising out

of any and all acts or omissions of Boys & Girls Club, or its officers, employees or agents, in the

performance of this Agreement, excluding, however, such liability, claims, losses, damages, or

expenses arising from the City’s sole negligence or willful acts.

c. Boys & Girls Club agrees to be responsible for all loss or damage from any cause

whatsoever to any of its property or equipment. Boys & Girls Club is responsible for providing its

own liability and loss insurance coverage for any of its property or equipment and Boys & Girls

Club expressly acknowledges that no part of said property or equipment shall be covered under

the City’s insurance policies.

d. These indemnifications are independent of and shall not in any way be limited by

the insurance requirements of this Agreement. Approval by the City of the insurance requirement

by this Agreement shall not in any way relieve Boys & Girls Club from liability under this Section.

The City’s right to indemnification hereunder shall survive termination, whether for cause or not,

or expiration of this Agreement.

20. DEFAULT

Boys & Girls Club shall be in default of this Agreement, if at any time during the Term

hereof, it shall:

a. Default in the payment of any installment of Rent or any other sums specifically to

be paid by Boys & Girls Club hereunder and such default shall not have been cured within ten (10)

days after the City shall have given to Boys & Girls Club written notice specifying such default;

or

b. Fail in the observance of any covenants, agreements or obligations hereunder, other

than the covenants to pay Rent, when such failure shall not have been cured within thirty (30) days

after City shall have given to Boys & Girls Club written notice specifying such default; provided,

however, that if the failure complained of shall be of such nature that the same cannot be

completely remedied or cured within such thirty (30) day period, then such failure shall not be an

enforceable default against Boys & Girls Club for the purposes of this paragraph if Boys & Girls


Club shall have commenced curing the failure within such thirty (30) day period and shall proceed

with reasonable diligence and in good faith to remedy the failure complained of; or

c. Finally and without further possibility of appeal or review

i. be adjudicated bankrupt or insolvent,

ii. have a receiver or trustee appointed for all or substantially all of its

business or assets, or

iii. suffer an order to be entered approving a petition filed against Boys &

Girls Club seeking reorganization of Boys & Girls Club under the

Federal Bankruptcy laws or any other applicable law or statute of the

United States or any state thereof; or

d. Make an assignment for the benefit of its creditors, or file a voluntary petition in

bankruptcy or a petition or answer seeking reorganization or arrangement under the Federal

Bankruptcy law or other applicable law or statute of the United States or any state thereof, or shall

file a petition to take advantage of any insolvency act or shall assent to the appointment of a

receiver or trustee of all or a substantial part of its business and property; or

e. Leave Premises vacant or deserted for a period of thirty (30) consecutive days and

such lack of use shall continue for thirty (30) days after City has given Boys & Girls Club written

notice specifying the vacancy.

21. CITY’S REMEDIES ON DEFAULT

a. Upon default of this Agreement by Boys & Girls Club, the City may declare this

Agreement, and all rights and interest created by it, to be terminated without further notice to Boys

& Girls Club, whereupon Boys & Girls Club shall surrender Premises as otherwise provided for

herein. In the event that Boys & Girls Club shall fail or refuse to surrender Premises, the City shall

be entitled to regain possession thereof in the manner provided by the laws of the State of New

Mexico in force at the time of the default. Termination hereunder shall not relieve Boys & Girls

Club from any claim for damages accruing to the City under this Agreement or as a result of the

default and the City shall be entitled to enforce the payment of such claim for damages by any

remedy provided by law, whether or not stated herein. The City may further sue to restrain by

injunction any violation or threatened violation of the covenants, conditions or provisions of this

Lease.


b. If Boys & Girls Club shall at any time be in default in fulfilling any of the covenants

of this Agreement, the City may, but shall not be obligated to, take or cause to be taken such action

or make such payment as may be required by such covenant, without notice to or demand upon

Boys & Girls Club and at Boys & Girls Club’s risk and expense. All expenses, costs and liabilities

of the City incurred hereunder shall be deemed additional Rent and shall be payable to the City on

demand together with interest thereon at the rate of fifteen percent (15%) per annum.

22. FORCE MAJEURE

Neither Party shall be held liable for failure of or delay in performing its obligations under

this Agreement if such failure or delay is the result of an act of God, such as earthquake, hurricane,

tornado, flooding, or other natural disaster, or in the case of war, action of foreign enemies, terrorist

activities, labor dispute or strike, government sanction, blockage, embargo, or failure of electrical

service, nor for any failure or delay caused by the negligence or omission of the City. Either Party

claiming force majeure hereunder must make every reasonable attempt to minimize delay of

performance. In the event of a force majeure, the Party claiming force majeure shall notify the

other Party thereof within 10 days of its occurrence. If such force majeure continues longer than

120 days, either Party may terminate the Agreement, as otherwise provided for herein.

23. NONDISCRIMINATION

Boys & Girls Club shall not discriminate against any otherwise qualified employee,

applicant for employment, subcontractor, or other person, in connection with the performance of

this Agreement, unless based on a bona fide occupational qualification or other statutory

prohibition, because of race, age, religion, color, national origin, ancestry, sex, sexual orientation,

gender identity, physical or mental handicap or serious medical condition, or spousal affiliation.

In the event of Boys & Girls Club’s noncompliance with the provisions of this Section, this

Agreement may be canceled, terminated or suspended, in whole or in part, and Boys & Girls Club

may be declared ineligible for further contracts with the City.

24. CHOICE OF LAW AND FORUM SELECTION

This Agreement shall be governed by the laws of the State of New Mexico, exclusive of

choice of law provisions, and venue for any judicial proceeding resulting here from shall lie in the

Fifth Judicial District, Chaves County, New Mexico.

25. NOTICES


Notices and other communications under this Agreement must be in writing and are

effective upon the sooner to occur of (i) the business day actually received (or if such date is not a

business day, on the next business day thereafter), (ii) on the next business day after placing such

written notice or communication with a reputable overnight delivery service for overnight (next

morning) delivery, or (iii) on the third (3rd) business day following the date on which such written

notice or communication was deposited with the United States Postal Service with postage prepaid

and marked as certified or registered mail, return receipt requested, so long as, in each case, such

written notice or communication was addressed to the Party to whom it was intended at such

Party’s address set forth herein or to such other address as that Party may from time to time provide

in a writing pursuant to this Subsection to the other Party:

CITY OF ROSWELL Boys & Girls Club of Chaves and Lincoln Counties, Inc.

Attn: Joe Neeb Attn: Signatory City Manager Title

P.O. 1838, Roswell, NM 88202-1838 134 Reese Dr., Ruidoso, NM 88345

26. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed to be an

original, but all of which, taken together, shall constitute one and the same agreement.

27. ENTIRE AGREEMENT, MODIFICATION

This Agreement constitutes the entire agreement of the Parties and supersedes any prior

agreements, understandings or negotiations, written or oral. This Agreement may only be modified

or amended in writing, signed by the Parties hereto, and any such duly-executed written

modification or amendment shall be automatically incorporated into this Agreement as if set forth

fully herein.

28. SEVERABILITY

If any term or provision of this Agreement or the application thereof to any person or

circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or

the application of such term or provision to persons or circumstances other than those to which it

is held invalid or unenforceable, shall not be affected thereby and each term and provision of this

Agreement shall be valid and enforceable to the fullest extent permitted by law.

29. NON-WAIVER.


The Parties agree that no failure to exercise and no delay in exercising any right, power or

privilege under this Agreement on the part of either Party shall operate as a waiver of any right,

power, or privilege under this Agreement.

30. RIGHTS CUMULATIVE

All rights, options, and remedies of the City contained in this Agreement shall be construed

and held to be cumulative, and no one of them shall be exclusive of the other, and the City shall

have the right to pursue any one or all of such remedies or any other remedy or relief which may

be provided by law, whether or not stated in this Agreement.

31. BINDING EFFECT

This Agreement shall be binding upon and insure to the benefit of the parties hereto and

their respective heirs, successors, and assigns.

32. NO ASSIGNMENT

Boys & Girls Club shall not assign, sublet or subcontract any obligation, duty, right or

covenant hereunder without the express written consent of the City, which the City may withhold

in its total discretion.

33. AUTHORITY

The individual signing below warrants and represents that he or she is duly authorized to

execute this Agreement on behalf of Boys & Girls Club.

34. HEADINGS.

The paragraph headings contained herein are for convenience and in reference and are

not intended to define or limit the scope of any provision of this Agreement.

35. NO ADDITIONAL REPRESENTATIONS

a. Boys & Girls Club expressly acknowledges that in entering into this

Agreement, it does not rely on any statement, representation, or warranty other

than those expressly set out in this Agreement.

b. Boys & Girls Club expressly acknowledges that it has been advised to seek its

own separate legal counsel for advice with respect to this Agreement, and has

had sufficient opportunity to do so. The Parties further agree that interpretation

of this Agreement shall be made without regard to authorship or negotiation.

[SIGNATURES FOLLOW ON NEXT PAGE]


IN WITNESS WHEREOF, Boys & Girls Club and the City of Roswell have caused this

Agreement to be executed by their duly authorized officers on this January 1, 2022, the Effective

Date hereof.

“City” “Boys & Girls Club”

CITY OF ROSWELL Boys & Girls Club of Chaves and Lincoln Counties, Inc.

_________________________________ ______________________________ By: Joseph W. Neeb By: Signatory City Manager Title

CITY SEAL

_________________________________ Sharon Coll, City Clerk

Approved as to form:

_________________________________ City Attorney


EXHIBIT A: INSURANCE

1. MINIMUM SCOPE OF INSURANCE

a. Boys & Girls Club shall procure and maintain for the duration of the contract the

following minimum insurance against claims for injuries to persons or damages to property which

may arise from or in connection with the lease of Premises by Boys & Girls Club, its agents,

representatives, employees or subcontractors (check all that apply):

☒ I. Commercial General Liability (“CGL”): Insurance Services Office Form CG 00

01 covering CGL on an “occurrence” basis, including products and completed operations, property

damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00

per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply

separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate

limit shall be twice the required occurrence limit.

☒ II. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1),

or if Boys & Girls Club has no owned autos, covering hired (Code 8) and non-owned autos (Code

9), with limits no less than $1,000,000.00 per accident for bodily injury and property damage.

☐ III. Worker’s Compensation: as required by the State of New Mexico, with Statutory

Limits and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident

for bodily injury or disease.

☐ IV. Professional Liability (Errors and Omissions): Insurance appropriate to Boys &

Girls Club’s profession, with limit no less than $1,000,000.00 per occurrence or claim,

$2,000,000.00 aggregate.

☒ V. Property Insurance: against all risks of loss to any and all improvements,

betterments, and fixtures on or to real property made the subject of this Agreement, at full

replacement cost with no coinsurance penalty provisions.

b. If Boys & Girls Club maintains broader coverage and/or higher limits than the

minimums shown above, the City requires and shall be entitled to the broader coverage and/or

higher limits maintained by Boys & Girls Club.

2. ADDITIONAL INSURED STATUS


The City, its council members, officials, officers, employees, agents, and volunteers are to

be covered as additional insured on the CGL policy with respect to liability arising out of the lease

of Premises by Boys & Girls Club, including materials, parts or equipment furnished in connection

with the lease. General Liability coverage can be provided in the form of an endorsement to Boys

& Girls Club’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20 10, CG 20 26,

CG 20 33, or CG 20 38, or CG 20 38; and CG 20 37 form is later revisions used).

3. PRIMARY COVERAGE

For any claims related to this Agreement, Boys & Girls Club’s insurance coverage shall be

primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its council

members, officials, officers, employees, agents, and volunteers. Any insurance or self-insurance

maintained by the City, its council members, officials, officers, employees, agents, and volunteers

shall be excess of Boys & Girls Club’s insurance and shall not contribute to it.

4. NOTICE OF CANCELLATION

Each insurance policy required above shall provide that coverage shall not be canceled,

except with notice to the City.

5. WAIVER OF SUBROGATION

Boys & Girls Club hereby grants to the City a waiver of any right to subrogation which

any of Boys & Girls Club’s insurers may acquire against the City by virtue of the payment of any

loss under such insurance. Boys & Girls Club agrees to obtain any endorsement that may be

necessary to affect this waiver of subrogation, but this provision applies regardless of whether or

not the City has received a waiver of subrogation endorsement from the insurer.

6. SELF INSURED RETENTIONS

Self-insured retentions must be declared to and approved by the City. The City may require

Boys & Girls Club to purchase coverage with a lower retention or provide proof of ability to pay

losses and related investigations, claim administrations, and defense expenses within the retention.

7. ACCEPTABILITY OF INSURERS

Insurance is to be placed with insurers authorized to conduct business in the State of New

Mexico with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the

City.

8. CLAIMS MADE POLICIES


If any of the required policies provide claims-made coverage:

i. The Retroactive Date must be shown, and must be before the Effective Date of this

Agreement or the beginning of occupancy hereunder.

ii. Insurance must be maintained and evidence of insurance must be provided for at least

five years after completion of the occupancy.

iii. If coverage is canceled or not renewed, and not replaced with another claims-made

policy form with a Retroactive Date prior to the Effective Date, Boys & Girls Club

must purchase “extended reporting” coverage for a minimum of five years after

completion of occupancy.

9. VERIFICATION OF COVERAGE

Boys & Girls Club shall furnish the City with original certificates and amendatory

endorsements or copies of the applicable policy language affecting coverage required by this

Section. All certificates and endorsements are to be received and approved by the City before the

occupancy commences. Failure to obtain the required documents prior to occupancy, however,

shall not waive Boys & Girls Club’s obligations to provide them. The City reserves the right to

require complete, certified copies of all required insurance policies, including endorsements

required by these specifications at any time.

10. SPECIAL RISKS OR CIRCUMSTANCES

The City reserves the right to modify these requirements, including limits, based on the

nature of the risk, prior experience, insurer, coverage, or other special circumstances.


AGENDA ITEM NO. 3 – ABSTRACT LEGAL COMMITTEE MEETING



Boys & Girls Club Service Agreement

ACTION REQUESTED: Consider recommending to City Council approval of Boys & Girls Club of Chaves and Lincoln Counties Service Agreement.

BACKGROUND: Initiated by: Todd Verciglio

Boys & Girls Club is a non-profit organization dedicated to providing a positive environment for youth. The club will work to inspire and enable all young children. The club will provide a safe haven for children so that they may succeed in life and give the kids hope.


Pursuant to the Contract, in exchange for the services the City would commit to reimburse the Club $32,000.

LEGAL REVIEW: The City Attorney has reviewed the proposed Agreement.

Contracts and Agreements generally require approval by a majority vote of the governing body present and voting.




Consider recommending to City Council approval of the Boys & Girls Club of Chaves and Lincoln Counties Service Agreement.


SERVICES AGREEMENT

This SERVICES AGREEMENT (“Agreement”) is hereby entered into on this January 1,

2022 (the “Effective Date”), by and between the CITY OF ROSWELL, NEW MEXICO (“City”),

a political subdivision of the State of New Mexico, located at 425 N. Richardson, Roswell, NM

88201, and BOYS & GIRLS CLUB OF CHAVES AND LINCOLN COUNTIES, INC., a(n) New

Mexico Nonprofit Corporation, whose principal address is 134 Reese Dr., Ruidoso, NM 88345

(“Boys & Girls Club”), collectively referred to herein as the Parties.

RECITALS

WHEREAS, Boys & Girls Club is a non-profit organization dedicated to providing a

positive environment for youth in the City of Roswell; and

WHEREAS, the children in the City of Roswell would benefit from a safe haven that

nurtures development and provides positive role-models, constructive peer relationships, and

opportunities for self-improvement; and

WHEREAS, the City wishes to retain the services of the Club as more fully described

below to support and foster opportunities for children in the City of Roswell.

NOW THEREFORE, in consideration for the mutual covenants contained herein, Boys

& Girls Club and the City agree as follows:

1. TERM


period of 5 years (the “Term”). This Agreement may thereafter be renewed for up to 3 additional

periods of 5 years each (the “Renewal Terms”), upon mutual written agreement of the Parties.

Each renewal period shall be governed by the same terms and conditions hereof, except as may be

otherwise agreed in writing by the Parties.

2. SCOPE OF WORK

a. The Parties intend to produce a mutually beneficial arrangement that will provide

a platform for on-going support and participation in the growth of the local youth in our community

through collaboration with city government and community resources. The Club will work to

inspire and enable all young children especially those in need to realize their full potential as

productive, responsible, and caring citizens. The Club will provide a safe haven for children so

that they may succeed in life and stay off the streets. The Club provides them with the necessary

tools and education to help them in their area of weakness. Moreover, the Club gives the kids hope


and opportunity to excel in their self-confidence, self-esteem, sportsmanship, and overall

development. Lastly, this gives the youth a chance to be with caring professionals who can guide

them in the right direction when they come from less fortunate circumstances.

b. In consideration for the Compensation, as that term is elsewhere defined herein,

and for the other warranties, covenants and obligations of the City provided for herein, Boys &

Girls Club hereby agrees to provide the goods and perform the services described in and according

to the terms set forth below in Exhibit A: Scope of Work, which Exhibit is attached hereto and

incorporated by reference as if set forth fully herein. Boys & Girls Club’s requirements under this

Section shall be referred to herein as the “Work.”

c. The Work shall be performed in a proficient, professional and skillful manner. Boys

& Girls Club shall devote its full time attention and energies to the performance of these duties

during the term of this Lease. Boys & Girls Club and its staff shall conduct themselves

professionally at all times and in all matters related to the performance of this Lease. Unless

otherwise specifically provided in this Agreement, all equipment, materials and articles

incorporated in the Work are to be new and of the most suitable grade for the purpose intended.

3. COMPENSATION

In consideration for the Work, as that term is elsewhere defined herein, and for the other

warranties, covenants and obligations of Boys & Girls Club set forth herein, the City hereby agrees

to pay to Boys & Girls Club the compensation described in and according to the terms set forth

below in Exhibit B: Compensation, which Exhibit is attached hereto and incorporated by reference

as if set forth fully herein. The City’s requirements under this Section shall be referred to herein

as the “Compensation.”

4. COMPLIANCE WITH LAW

a. Boys & Girls Club shall keep fully informed of all state and national laws and

municipal ordinances and regulations in any manner affecting those engaged or employed in

connection with the Work, or the materials or equipment used in the Work, or in any way affecting

the conduct of the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction

or authority over the Work.

b. Boys & Girls Club hereby warrants that it currently observes and complies with all

such applicable laws, ordinances, regulations, orders and decrees, and that it shall remain in full


such compliance, and shall cause all of its employees, agents, and subcontractors to so remain,

throughout the Term, and all Renewal Terms.

c. Boys & Girls Club shall further protect, defend and indemnify the City and its

councilors, officials, officers and agents against any claim or liability arising from or based on the

violation of any such law, ordinance, regulation, order, or decree, whether by Boys & Girls Club

or Boys & Girls Club's employees.

5. LICENSES AND PERMITS

Boys & Girls Club shall pay for and obtain, and maintain in full force during the Term, and

any Renewal Term, any and every permit or license necessary and appropriate for performance of

the Work. Boys & Girls Club shall provide copies of any permit or license required under this

Section upon demand of the City.

6. RECORD KEEPING AND INSPECTION

a. Boys & Girls Club shall keep and maintain its books, records, documents and other

evidence in connection with the Work (and require its subcontractors to keep the same) and adopt

accounting procedures and practices sufficient to reflect properly all charges and payments of

whatever nature relating to the Work or otherwise chargeable or owing to the City in connection

with the performance of the Work. This system of accounting must be in accordance with generally

accepted accounting principles and practices, consistently applied throughout. Boys & Girls Club’s

recordkeeping and accounting system must properly reflect all such fees, charges and payments as

they are incurred or made, and must demonstrate support that all amounts charged or payed to the

City are properly chargeable or paid in full in accordance with the terms of the Agreement.

b. Boys & Girls Club shall maintain all records required under this Section for a period

that is the longer of 3 years after termination or expiration of this Agreement, or the period required

under applicable law. Boys & Girls Club must not dispose of such documents prior to the

expiration of this period without prior written approval from the City. At the City's request, Boys

& Girls Club and its subcontractors must furnish the City with all such records that may be

requested.

7. INDEPENDENT CONTRACTOR

a. The relationship of Boys & Girls Club to the City shall be that of an independent

contractor. Boys & Girls Club is not and shall not be considered an employee of the City. Boys &

Girls Club and its employees shall not accrue leave, retirement, insurance, or any other benefits


afforded to employees of the City. Boys & Girls Club’s employees, servants, agents, or

representatives are not and shall not be deemed employees of the City.

b. This Agreement shall further not constitute the formation of a partnership or joint

venture. Boys & Girls Club is without authority to act as the agent or representative of the City

and shall not purport to agree to or approve on behalf of the City any contract or obligation of the

City or obligate or pledge the credit or funds of the City without written approval from the City.

8. TERMINATION


Term hereof by giving 180 days’ written notice in advance. advance for cause. The foregoing

notwithstanding, the City may terminate this Agreement, with or without cause, upon 180 days

written notice in advance, by majority vote of the City Council. Termination under this Section

shall not terminate, prejudice or otherwise effect any right or obligation accruing hereunder prior

to the termination. Upon termination or if Boys & Girls Club ceases to perform the Work, Boys &

Girls Club shall return to the City any unexpended funds paid pursuant to this Agreement.

9. INSURANCE

a. Boys & Girls Club agrees to have and maintain the polices of insurance set forth in

Exhibit C: Insurance, which Exhibit is attached hereto and incorporated by reference as if set forth

fully herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by

the City as to form and content. These requirements are subject to amendment or waiver only if so



b. Boys & Girls Club’s insurance obligations under this Agreement shall be:

i. all insurance coverage and/or limits by or available to Boys & Girls Club;

or

ii. the minimum coverage requirements and/or limits set forth in Exhibit C,



coverage and/or minimum required limits set forth in Exhibit C, which are applicable to a given


requirements set forth in Exhibit C are sufficient to cover the obligations of Boys & Girls Club


pursuant to this Agreement. Boys & Girls Club’s requirements under this Section shall be referred

to herein as the “Insurance.”


and any Renewal Term, is a material element of this Agreement and failure to maintain or renew




a. Boys & Girls Club agrees to accept responsibility for loss or damage to any person

or property, and to release, defend at its own expense, indemnify, and hold harmless the City, its




of any and all acts or omissions of Boys & Girls Club, or its officers, employees or agents, in the



b. Boys & Girls Club agrees to be responsible for all loss or damage from any cause

whatsoever to any of its property or equipment. Boys & Girls Club is responsible for providing its

own liability and loss insurance coverage for any of its property or equipment and Boys & Girls

Club expressly acknowledges that no part of said property or equipment shall be covered under

the City’s insurance policies.

c. These indemnifications are independent of and shall not in any way be limited by


by this Agreement shall not in any way relieve Boys & Girls Club from liability under this Section.

The City’s right to indemnification hereunder shall survive termination, whether for cause or not,

or expiration of this Agreement.

11. FORCE MAJEURE

Boys & Girls Club shall not be held liable for failure of or delay in performing its

obligations under this Agreement if such failure or delay is the result of an act of God, such as

earthquake, hurricane, tornado, flooding, or other natural disaster, or in the case of war, action of

foreign enemies, terrorist activities, labor dispute or strike, government sanction, blockage,

embargo, or failure of electrical service, nor for any failure or delay caused by the negligence or


omission of the City. Boys & Girls Club must make every reasonable attempt to minimize delay

of performance. In the event of a force majeure, Boys & Girls Club shall notify the City thereof

within 10 days of its occurrence. If such force majeure continues longer than 120 days, either Party

may terminate the Agreement, as otherwise provided for herein.


Boys & Girls Club shall not discriminate against any otherwise qualified employee,

applicant for employment, subcontractor, or other person, in connection with the performance of

the Work, unless based on a bona fide occupational qualification or other statutory prohibition,

because of race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender

identity, physical or mental handicap or serious medical condition, or spousal affiliation. In the

event of Boys & Girls Club’s noncompliance with the provisions of this Section, this Agreement

may be canceled, terminated or suspended, in whole or in part, and Boys & Girls Club may be

declared ineligible for further contracts with the City.





14. NOTICES











CITY OF ROSWELL BOYS & GIRLS CLUB OF CHAVES AND LINCOLN COUNTIES, INC.

Attn: Joe Neeb Attn: Signatory City Manager Title


P.O. 1838, Roswell, NM 88202-1838 134 Reese Dr., Ruidoso, NM 88345

15. COUNTERPARTS








fully herein.

17. SEVERABILITY






18. NON-WAIVER.









20. BINDING EFFECT



21. NO ASSIGNMENT


Boys & Girls Club shall not assign, sublet or subcontract any obligation, duty, right or

covenant hereunder without the express written consent of the City, which the City may withhold

in its total discretion.

22. AUTHORITY


execute this Agreement on behalf of Boys & Girls Club.

23. HEADINGS




a. Boys & Girls Club expressly acknowledges that in entering into this Agreement, it

does not rely on any statement, representation, or warranty other than those expressly set out in

this Agreement.

b. Boys & Girls Club expressly acknowledges that it has been advised to seek its own

separate legal counsel for advice with respect to this Agreement, and has had sufficient opportunity

to do so. The Parties further agree that interpretation of this Agreement shall be made without

regard to authorship or negotiation.



IN WITNESS WHEREOF, Boys & Girls Club and the City of Roswell have caused this

Agreement to be executed by their duly authorized officers on this January 1, 2022, the Effective

Date hereof.

“City” “Boys & Girls Club”

CITY OF ROSWELL BOYS & GIRLS CLUB OF CHAVES AND LINCOLN COUNTIES, INC.

_________________________________ ______________________________ By: Joseph W. Neeb By: Signatory City Manager Title

CITY SEAL



_________________________________ City Attorney


EXHIBIT A: SCOPE OF WORK

1. During the Term hereof Boys & Girls Club shall operate a community youth center

to the citizens of Roswell and Chaves County, at the facility located at 201 S Garden, Roswell,

NM 88201 (the “Facility”), which Facility Boys & Girls Club leases from the City pursuant to that

certain Lease Agreement of even date herewith.

2. Boys & Girls Club shall administer programs available to members targeted

towards development of youth under the guidance of the Boys & Girls Club of America. Boys &

Girls Club shall provide broad-based programs and activities that will help youth develop into

responsible citizens; provide behavioral guidance; promote health, physical, and social education;

encourage and support vocational improvement; and assist with character development. Boys &

Girls Club shall seek to provide services to underrepresented or disadvantaged youth and to initiate

programs that will meet the needs of Chaves County demographics.

3. In general, Boys & Girls Club's broad-based programs and activities shall meet the

needs and interests of youth and utilize three basic formats:

a. Individual services

b. Small group activities

c. Drop-in and large group activities

4. Boys & Girls Club shall make programs and activities available to all users

regardless of race, creed, national origin, sex, religion, or economic status in accordance with any

applicable federal, state, or local law or ordinance.

5. Boys & Girls Club shall submit a schedule of normal and seasonal operating hours

Facility due to special circumstances including, but not limited to, inclement weather conditions.

6. Boys & Girls Club shall collect and properly manage membership fees for program

participation including a scholarship program or similar as approved by the Boys & Girls Club's

board.

7. Boys & Girls Club shall solicit private funding and support for activities and

programming.

8. Boys & Girls Club shall work to establish a working Board of Directors to direct

and support the operations at the Facility.


9. Boys & Girls Club shall, at its sole expense, employ, train, supervise, and direct a

staff of employees so as to perform the duties and meet the requirements set forth herein for

services.

10. Boys & Girls Club shall develop, implement, and document a safety program for

its staff and maintain a regular schedule of safety trainings. As part of the safety program, Boys &

Girls Club shall adopt a non-DOT drug and alcohol policy, including for-cause drug screening.

11. Boys & Girls Club shall provide quarterly reports to the City documenting the

Club's performance of service under this Agreement during the preceding quarter, including,

without limitation:

a. Activities, programs and opportunities provided for Roswell youths;

b. Number of Roswell youths receiving services;

c. All expenditures of any funds received by the Club pursuant to this

d. Agreement.

12. Boys & Girls Club shall furthermore allow the City access to and copies of any and

all records, data, computer information, and/or reports which the City deems necessary to review

the accuracy of the information or reports provided to the City or to determine Boys & Girls Club's

compliance with this Agreement with no advance notice required for inspection and audit by the

City. Ample time shall be given for retrieval of such records after notice has been given.

13. Boys & Girls Club shall cooperate and assist the City’s Public Affairs Department

with establishing active advertising and marketing programs, including developing marketing

plans, for the Facility and associated activities.

14. Boys & Girls Club shall cooperate and assist the City to develop, implement,

review, update, and maintain services and functions, including associated policies, desired by the

City or public patrons of the Facility.


EXHIBIT B: COMPENSATION

In exchange for the services outlined in Exhibit A and in consideration of the benefit to the

City of Roswell, the City will reimburse the Club thirty-two thousand dollars ($32,000) each year

that this Agreement is in place in four quarterly installments. Boys & Girls Club shall submit an

invoice for each installment at the end of the quarter, which shall be paid by the City within 30

days of receipt of the invoice.


EXHIBIT C: INSURANCE


a. Boys & Girls Club shall procure and maintain for the duration of the contract the

following minimum insurance against claims for injuries to persons or damages to property which

may arise from or in connection with the performance of the Work herein and the results of the

Work by Boys & Girls Club, its agents, representatives, employees or subcontractors (check all

that apply):








or if Boys & Girls Club has no owned autos, covering hired (Code 8) and non-owned autos (Code

9), with limits no less than $1,000,000.00 per accident for bodily injury and property damage.




☐ IV. Professional Liability (Errors and Omissions): Insurance appropriate to Boys &

Girls Club’s profession, with limit no less than $1,000,000.00 per occurrence or claim,

$2,000,000.00 aggregate.

☒ V. Property Insurance: against all risks of loss to any and all improvements,



b. If Boys & Girls Club maintains broader coverage and/or higher limits than the

minimums shown above, the City requires and shall be entitled to the broader coverage and/or

higher limits maintained by Boys & Girls Club.




be covered as additional insured on the CGL policy with respect to liability arising out of the Work

performed by or on behalf of Boys & Girls Club, including materials, parts or equipment furnished

in connection with the Work. General Liability coverage can be provided in the form of an

endorsement to Boys & Girls Club’s insurance (at least as broad as ISO Form 20 10 11 85 or both

CG 20 10, CG 20 26, CG 20 33, or CG 20 38, or CG 20 38; and CG 20 37 form is later revisions

used).

3. PRIMARY COVERAGE

For any claims related to this Agreement, Boys & Girls Club’s insurance coverage shall be

primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its council



shall be excess of Boys & Girls Club’s insurance and shall not contribute to it.





Boys & Girls Club hereby grants to the City a waiver of any right to subrogation which

any of Boys & Girls Club’s insurers may acquire against the City by virtue of the payment of any

loss under such insurance. Boys & Girls Club agrees to obtain any endorsement that may be

necessary to affect this waiver of subrogation, but this provision applies regardless of whether or

not the City has received a waiver of subrogation endorsement from the insurer.



Boys & Girls Club to purchase coverage with a lower retention or provide proof of ability to pay

losses and related investigations, claim administrations, and defense expenses within the retention.




City.





Agreement or the beginning of Work hereunder.


five years after completion of the Work.


policy form with a Retroactive Date prior to the Effective Date, Boys & Girls Club

must purchase “extended reporting” coverage for a minimum of five years after

completion of the Work.


Boys & Girls Club shall furnish the City with original certificates and amendatory

endorsements or copies of the applicable policy language affecting coverage required by this

Section. All certificates and endorsements are to be received and approved by the City before the

Work commences. Failure to obtain the required documents prior to commencement of the Work,

however, shall not waive Boys & Girls Club’s obligations to provide them. The City reserves the

right to require complete, certified copies of all required insurance policies, including

endorsements required by these specifications at any time.








Roswell-Chaves County Economic Development Corporation Agreement

ACTION REQUESTED: Consider recommending to City Council approval the Business Retention, Expansion, and Economic Development Services, between the City and the Roswell-Chaves County Economic Development Corporation

BACKGROUND: Initiated by: Juanita Jennings

The Roswell-Chaves County Economic Development Corporation (EDC) works in partnership with the City of Roswell to promote economic development by providing support for businesses to relocate, expand or launch in Roswell and Chaves County.

Pursuant to the proposed agreement, EDC would provide business retention, recruitment and expansion services, as described in Exhibit A to the agreement and would be subject to quarterly and annual reporting requirements set forth in Exhibit B.


Pursuant to the Contract, the City would commit to allocate $100,000 for services by EDC and make available a further $25,000 for special projects specified and pre-approved by the City Manager. EDC will invoice the City quarterly for services under the Scope of Work and may be reimbursed for approved special projects.

LEGAL REVIEW: The City Attorney has reviewed the proposed Agreement.

Contracts are approved by a majority vote of the governing body present and voting.




Consider recommending approval of a Services Agreement with the Roswell-Chaves County Economic Development Corporation.


BUSINESS RETENTION, EXPANSION, AND ECONOMIC DEVELOPMENT

AGREEMENT

This BUSINESS RETENTION, EXPANSION, AND ECONOMIC DEVELOPMENT

AGREEMENT (“Agreement”) is hereby entered into on this Effective Date (the “Effective Date”),

by and between the CITY OF ROSWELL, NEW MEXICO (“City”), a political subdivision of the

State of New Mexico, located at 425 N. Richardson, Roswell, NM 88201, and ROSWELL-

CHAVES COUNTY ECONOMIC DEVELOPMENT CORPORATION, a(n) New Mexico

Nonprofit Corporation, whose principal address is PO Box 849, Roswell, NM 88202

(“RCCEDC”), collectively referred to herein as the Parties.

RECITALS

WHEREAS, RCCEDC is a non-profit organization dedicated to recruiting new, quality

businesses to Chaves County and assisting with business retention & expansion, business

attraction, government relations, and workforce development; and

WHEREAS, RCCEDC is willing to provide economic development services to the City;

and

WHEREAS, RCCEDC is the only entity in the City that can provide these services, and

as such, is considered a sole provider, and

WHEREAS, the City desires to utilize the services of the RCCEDC.

NOW THEREFORE, in consideration for the mutual covenants contained herein,

RCCEDC and the City agree as follows:

1. TERM


period of 2 years (the “Term”). This Agreement may thereafter be renewed for 1 additional periods

of 2 years (the “Renewal Term”), upon mutual written agreement of the Parties. The renewal

period shall be governed by the same terms and conditions hereof, except as may be otherwise

agreed in writing by the Parties.

2. SCOPE OF WORK

a. In consideration for the Compensation, as that term is elsewhere defined herein,

and for the other warranties, covenants and obligations of the City provided for herein, RCCEDC

hereby agrees to provide the goods and perform the services described in and according to the


terms set forth below in Exhibit A: Scope of Work, which Exhibit is attached hereto and

incorporated by reference as if set forth fully herein. RCCEDC’s requirements under this Section

shall be referred to herein as the “Work.”

b. The Work shall be performed in a proficient and skillful manner. Unless otherwise

specifically provided in this Agreement, all equipment, materials and articles incorporated in the

Work are to be new and of the most suitable grade for the purpose intended.

3. COMPENSATION

In consideration for the Work, as that term is elsewhere defined herein, and for the other

warranties, covenants and obligations of RCCEDC set forth herein, the City hereby agrees to pay

to RCCEDC the compensation described in and according to the terms set forth below in Exhibit

C: Compensation, which Exhibit is attached hereto and incorporated by reference as if set forth

fully herein. The City’s requirements under this Section shall be referred to herein as the

“Compensation.”

4. GOVERNANCE

RCCEDC agrees that an individual as designated by the City Manager will serve as ex-

officio, non-voting member of the RCCEDC Executive Committee of the Board of Directors. In

the event that RCCEDC has a vacancy in the President position, the City shall have a representative

on the search committee.

5. COOPERATION WITH OTHER ENTITIES

RCCEDC agrees that it will work closely, and cooperate with the local entities, including

but not limited to Roswell Hispano Chamber of Commerce, the Roswell Chamber of Commerce,

and MainStreet Roswell, and other state or federal entities that can assist in accomplishing the

goals of this Agreement.

6. REPORTING

RCCEDC shall make the following reports:

a. Quarterly and Annual Reporting. RCCEDC will provide quarterly and annual

reporting to the Public Affairs Director as outlined in Exhibit B: Metrics, which

Exhibit is attached hereto and incorporated by reference as if set forth fully

herein. RCCEDC’s requirements under this Subsection shall be referred to in

this Agreement as the “Metrics.”


b. Annual Presentation to City Council. RCCEDC shall make an annual

presentation to the entire City Council during a City Council meeting (May or

June). This report shall include a disclosure of RCCEDC financial status,

RCCEDC Profit and Loss Actuals vs Budget, operations conducted during the

preceding year, planned future operations, any other information agreed to by

both the RCCEDC and the City.

c. Annual Strategic Plan. Within three months of the execution date of this

Agreement, the RCCEDC will prepare and present to the City Manager a one-

year strategic plan establishing longer-term goals and objectives for the

RCCEDC that are in alignment with the City's expectations as outlined in the

Scope of Work.

7. ANNUAL REVIEW

a. The City Manager, or designee, will evaluate the performance of RCCEDC

annually, on the basis of the Metrics. The City Manager or designee will make a finding as to

whether RCCEDC is in compliance with the terms of the Agreement based upon a thorough review

of the Metrics, any Special Projects Performance Reports, and interviews with stakeholders and

other interested parties. If the City Manager determines RCCEDC is not in compliance, then

RCCEDC will receive no further payments until such time as the City Manager deems RCCEDC

is in compliance with the full terms of this Agreement.

b. At the end of the first year and each successive year, and following a satisfactory

performance evaluation and determination of compliance with the terms of this |Agreement, the

Parties agree that they will meet to review the most recent Scope of Work and consider such

amendments to the Scope of Work and a funding level mutually agreeable to the parties that is and

representative of the value of services provided.

8. COMPLIANCE WITH LAW

a. RCCEDC shall keep fully informed of all state and national laws and municipal

ordinances and regulations in any manner affecting those engaged or employed in connection with

the Work, or the materials or equipment used in the Work, or in any way affecting the conduct of

the Work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority

over the Work.


b. RCCEDC hereby warrants that it currently observes and complies with all such

applicable laws, ordinances, regulations, orders and decrees, and that it shall remain in full such

compliance, and shall cause all of its employees, agents, and subcontractors to so remain,

throughout the Term, and all Renewal Terms.

c. RCCEDC shall further protect, defend and indemnify the City and its councilors,

officials, officers and agents against any claim or liability arising from or based on the violation

of any such law, ordinance, regulation, order, or decree, whether by RCCEDC or RCCEDC's

employees.

9. LICENSES AND PERMITS

RCCEDC shall pay for and obtain, and maintain in full force during the Term, and any

Renewal Term, any and every permit or license necessary and appropriate for performance of the

Work. RCCEDC shall provide copies of any permit or license required under this Section upon

demand of the City.

10. RECORD KEEPING AND INSPECTION

a. shall keep and maintain its books, records, documents and other evidence in

connection with the Work (and require its subcontractors to keep the same) and adopt accounting

procedures and practices sufficient to reflect properly all charges and payments of whatever nature

relating to the Work or otherwise chargeable or owing to the City in connection with the

performance of the Work. This system of accounting must be in accordance with generally

accepted accounting principles and practices, consistently applied throughout. RCCEDC’s

recordkeeping and accounting system must properly reflect all such fees, charges and payments as

they are incurred or made, and must demonstrate support that all amounts charged or payed to the

City are properly chargeable or paid in full in accordance with the terms of the Agreement.

b. RCCEDC shall maintain all records required under this Section for a period that is

the longer of 3 years after termination or expiration of this Agreement, or the period required under

applicable law. RCCEDC must not dispose of such documents prior to the expiration of this period

without prior written approval from the City. At the City's request, RCCEDC and its

subcontractors must furnish the City with all such records that may be requested.

11. INDEPENDENT CONTRACTOR


a. The relationship of RCCEDC to the City shall be that of an independent contractor.

RCCEDC is not and shall not be considered an employee of the City. RCCEDC and its employees

shall not accrue leave, retirement, insurance, or any other benefits afforded to employees of the

City. RCCEDC’s employees, servants, agents, or representatives are not and shall not be deemed

employees of the City.

b. This Agreement shall further not constitute the formation of a partnership or joint

venture. RCCEDC is without authority to act as the agent or representative of the City and shall

not purport to agree to or approve on behalf of the City any contract or obligation of the City or

obligate or pledge the credit or funds of the City without written approval from the City.

12. TERMINATION


Term hereof by giving 60 days written notice in advance. Termination under this Section shall not

terminate, prejudice or otherwise effect any right or obligation accruing hereunder prior to the

termination.

13. INSURANCE

a. RCCEDC agrees to have and maintain the polices of insurance set forth in Exhibit

D: Insurance, which Exhibit is attached hereto and incorporated by reference as if set forth fully

herein. All policies, endorsements, certificates, and/or binders shall be subject to approval by the

City as to form and content. These requirements are subject to amendment or waiver only if so



b. RCCEDC’s insurance obligations under this Agreement shall be:

i. all insurance coverage and/or limits by or available to RCCEDC; or

ii. the minimum coverage requirements and/or limits set forth in Exhibit D,



coverage and/or minimum required limits set forth in Exhibit D, which are applicable to a given


requirements set forth in Exhibit C are sufficient to cover the obligations of RCCEDC pursuant to


this Agreement. RCCEDC’s requirements under this Section shall be referred to herein as the

“Insurance.”


and any Renewal Term, is a material element on of this Agreement and failure to maintain or renew




a. RCCEDC agrees to accept responsibility for loss or damage to any person or

property, and to release, defend at its own expense, indemnify, and hold harmless the City, its




of any and all acts or omissions of RCCEDC, or its officers, employees or agents, in the



b. RCCEDC agrees to be responsible for all loss or damage from any cause

whatsoever to any of its property or equipment. RCCEDC is responsible for providing its own

liability and loss insurance coverage for any of its property or equipment and RCCEDC expressly

acknowledges that no part of said property or equipment shall be covered under the City’s

insurance policies.

c. These indemnifications are independent of and shall not in any way be limited by


by this Agreement shall not in any way relieve RCCEDC from liability under this Section. The

City’s right to indemnification hereunder shall survive termination, whether for cause or not, or

expiration of this Agreement.

15. FORCE MAJEURE

RCCEDC shall not be held liable for failure of or delay in performing its obligations under

this Agreement if such failure or delay is the result of an act of God, such as earthquake, hurricane,

tornado, flooding, or other natural disaster, or in the case of war, action of foreign enemies, terrorist

activities, labor dispute or strike, government sanction, blockage, embargo, or failure of electrical


service, nor for any failure or delay caused by the negligence or omission of the City. RCCEDC

must make every reasonable attempt to minimize delay of performance. In the event of a force

majeure, RCCEDC shall notify the City thereof within 10 days of its occurrence. If such force

majeure continues longer than 120 days, either Party may terminate the Agreement, as otherwise

provided for herein.


RCCEDC shall not discriminate against any otherwise qualified employee, applicant for

employment, subcontractor, or other person, in connection with the performance of the Work,

unless based on a bona fide occupational qualification or other statutory prohibition, because of

race, age, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, physical

or mental handicap or serious medical condition, or spousal affiliation. In the event of RCCEDC’s

noncompliance with the provisions of this Section, this Agreement may be canceled, terminated

or suspended, in whole or in part, and RCCEDC may be declared ineligible for further contracts

with the City.





18. NOTICES












CITY OF ROSWELL ROSWELL-CHAVES COUNTY ECONOMIC DEVELOPMENT CORPORATION

Attn: Joe Neeb Attn: Mike Espirtu City Manager President

P.O. 1838, Roswell, NM 88202-1838 PO Box 849, Roswell, NM 88202

19. COUNTERPARTS








fully herein.

21. SEVERABILITY






22. NON-WAIVER.









24. BINDING EFFECT




25. NO ASSIGNMENT

RCCEDC shall not assign, sublet or subcontract any obligation, duty, right or covenant

hereunder without the express written consent of the City, which the City may withhold in its total

discretion.

26. AUTHORITY


execute this Agreement on behalf of RCCEDC.

27. HEADINGS.




a. RCCEDC expressly acknowledges that in entering into this Agreement, it does not

rely on any statement, representation, or warranty other than those expressly set out in this

Agreement.

b. RCCEDC expressly acknowledges that it has been advised to seek its own separate

legal counsel for advice with respect to this Agreement, and has had sufficient opportunity to do

so. The Parties further agree that interpretation of this Agreement shall be made without regard to

authorship or negotiation.



IN WITNESS WHEREOF, RCCEDC and the City of Roswell have caused this

Agreement to be executed by their duly authorized officers on this Effective Date, the Effective

Date hereof.

“City” “RCCEDC”

CITY OF ROSWELL ROSWELL-CHAVES COUNTY ECONOMIC DEVELOPMENT CORPORATION

_________________________________ ______________________________ By: Joseph W. Neeb By: Mike Espirtu City Manager President

CITY SEAL



_________________________________ City Attorney


EXHIBIT A: SCOPE OF WORK

Working in cooperation with and pursuant to the City’s direction, and in alignment with

adopted City policies, resolutions, and ordinances, RCCEDC shall be responsible for providing

the following activities and services for the promotion of economic development in the City of

Roswell and Chaves County.

1. Business Retention, Expansion, and Recruitment: RCCEDC shall:

a. Actively recruit new businesses and industries to Roswell, New Mexico; RCCEDC shall

show growth of business and job creation as outlined in the Metrics.

b. Work to retain existing businesses by conducting one-on-one meetings to educate Roswell

businesses by linking companies to services through determining needs regarding such

things as financial needs, training opportunities, establish early warning signs of at-risk

businesses, and by linking companies to programs available to assist them in economic

growth. RCCEDC shall show growth of business participation and retention through its

reporting of the Metrics.

i. Provide services to private sector and nonprofit developers including consultation

on available assistance programs and recommendation on pursuance of certain

programs; and assistance in obtaining financing, state or federal tax credits, tax

abatements, tax increment financing, grants and other non-City sources of revenue

or assistance.

ii. Provide services to existing and potential businesses including: technical assistance

consultation; access to local, state and federal incentive programs; small business

financing and referral to other service providers; and the provision of demographic,

economic and real estate information.

c. Promote of workforce development by connecting with available local and state resources.

d. Furnish technical services pertaining to all economic and industrial development matters

as well as stimulation of entrepreneurship and small business growth recruitment of new

business and investments including business attractions efforts for targeted business

sectors.


e. Collaborate with City Public Affairs to market Roswell, New Mexico regionally, nationally

and internationally, while maintaining committed leadership that facilitates and encourages

actions to simulate the local economy.

f. Develop and promote of pro-business policies important to the greater Roswell area.

g. Recruit of highly qualified and credentialed business leaders and staff to provide leadership

in areas of commercial and community development.

h. Provide technical support where needed and work cooperatively with the economic

development agencies and, as appropriate, other jurisdictions and agencies such as the New

Mexico Economic Development Department, to further the City's economic development

mission, strategy and policies, and to ensure alignment and synergy between the City and

these agencies.

i. Serve as a support agency for the City, to coordinate, evaluate, and recommend incentive

actions, as appropriate, for all development and redevelopment activities by serving as the

key intake agency for all such development and redevelopment projects on behalf of the

City, as well as the economic development agencies, whether staffed by the RCCEDC or

otherwise. These activities will be conducted in accordance with any economic

development and incentive policies that may be adopted from time-to-time by the City.

j. Actively participate with the City on the City's comprehensive economic development

strategy by providing technical assistance and communicating support for proposed and

enacted state economic development and business legislation.

k. Provide special assistance in the marketing and development of economic development

opportunities within the Opportunity Zones located within the City of Roswell and Chaves

County.

l. Provide special assistance in the marketing and development of economic development

opportunities at the Roswell Air Center ("RAC") as follows:

i. Market listings of RAC property.

ii. Act as advocates for the business located at RAC, except in contract negotiations

between the City and any of its tenants.

iii. Act as a resource to connect businesses located at RAC with various funding

opportunities identified by, and facilitated by EDC, as appropriate.


iv. Collaborate with school system and ENMU-R for employee development at RAC

and related businesses located at RAC.

v. Collaborate with City Staff at RAC to develop business opportunities on City-

owned real estate at RAC.

vi. Assist City Staff in reviewing under-utilized real estate through evaluations, walk-

throughs, and provide assistance in marketing and recommendations for

development.

vii. Assist the City in implementing and pursuing its marketing plan for RAC.

viii. Assist the City as a bridge to any applicable federal and state programs or incentives

that would further economic development at RAC.

2. Technical Services: RCCEDC shall develop a website designed to enhance the profile of

Roswell as a competitive business opportunity and to communicate that profile regionally,

nationally and internationally in conjunction with partners such as New Mexico Partnership, and

the New Mexico Economic Development Department and other available partners. Additionally,

coordinate with City Community Development Department in a website designed to highlight real

estate development opportunities within the City.

3. Other: RCCEDC shall performing such other related services as may be appropriate.


EXHIBIT B: METRICS

1. Quarterly Reporting: RCCEDC shall provide to the City on a quarterly basis, no later

than the tenth day of the month following the end of each quarter, the following:

a. Brief description of recruitment efforts and growth of participation in EDC activities

to be provided including proof of performance for advertisement for industry trade

clusters, site selection and consulting events, potential recruitment opportunity

proposals, in a format and forum mutually agreed upon by the Parties.

b. Profit and Loss Actuals vs Budget Financial Report

c. Educational opportunities provided to members and non-members

d. Job Creation Report, including a cost/benefit analysis of jobs created versus money

expended on development of such jobs

e. Business Retention Report, including

i. A general report of businesses assisted

ii. A list of business expansion opportunities or plans

iii. Metrics and proof of performance for plan of action to include contact with (20)

county-wide businesses weekly, award at least (3) faced grants annually, support

& testify at every JTIP request with the NM State Board, provide support for

company expansion and new job growth.

f. Industry Business Solicitation Report, including

i. executive project summaries (subject to appropriate confidentiality measures).

ii. lost opportunities and recommendations for addressing perceived areas in need of

improvement

iii. Metrics to include the following: (2) potential projects monthly, (4) project site

visits annually, locate a total of (3) projects annually, Assist companies to create

at least (250) jobs annually.

g. Housing & Retail Property Report

h. New and changed programing

i. Promotional campaigns

j. Cooperative efforts with area organizations


2. Annual Report: RCCEDC shall provide to the City on an annual basis, no later than 14

days before RCCEDC’s annual presentation to the City Council, the following:

a. End of year financial report (audited, if done)

b. Proposed Annual Budget

c. List of new industrial/economic-based businesses projected and/or acquired for the

City of Roswell and Chaves County.

d. List of trends in possible job losses for the community

e. Overview of Operations & Strategic Plan for Proceeding year and planned future

operations to solicit new business to Roswell, New Mexico

f. Proof of liability insurance


EXHIBIT C: COMPENSATION

1. The City will allocate funds each fiscal year to be used solely for business retention,

expansion, and economic development purposes. RCCEDC shall submit a funding request to the

City by April 15th of each year and shall invoice the City quarterly. The request will include a

detailed plan, including performance metrics and criteria for evaluation, for economic

development services to be provided for the upcoming fiscal year. The RCCEDC shall also comply

with the reporting requirements in Paragraph 6 and Exhibit B. The City shall notify RCCEDC by

July 15th of each year, the amount allocated. The amount funded may change and is subject to

City Council absolute discretion in appropriating sufficient funds.

2. The City directs funds to the following items within the RCCEDC Agreement in

the following amounts:

i. Business Retention, Expansion, and Economic Development Services at 80%

ii. Technical Services (as defined in Exhibit A) 20%

3. The City has allocated $100,000 for the initial term of this Agreement for services

as outlined in Exhibit A, Scope of Work. RCCEDC shall invoice the City quarterly. Invoices shall

include detailed Quarterly Performance Report, including descriptions of work performed during

the previous reporting period, status of ongoing projects, and analysis of ability to meet agreed-

upon performance and development goals and objectives. The City agrees to pay Invoice within

fifteen (15) days of receipt of the invoice and approval of Quarterly Performance Report. All

invoices should be sent to the attention of the City of Roswell Public Affairs Department; PO Box

1838, Roswell, NM 88202.

4. The City may agree to reimburse RCCEDC a sum not to exceed $25,000 for special

projects, which the City may designate, provided such special projects are specified and pre-

approved by the City Manager, in his sole and absolute discretion. RCCEDC shall submit separate

invoices for each special project. Invoices for special projects shall include a detailed Performance

Report, including descriptions of work performed during, status report, and analysis of ability to

meet agreed-upon performance and development goals and objectives. The City agrees to pay

Invoices for special projects within fifteen (15) days of receipt of the invoice and approval of

special project Performance Report. Invoices for reimbursement of special projects shall be


submitted to City of Roswell Public Affairs Department: PO Box 1838, Roswell, NM 88202.

Reimbursement for additional special projects beyond the initial allocation of $25,000 shall be

established by separate agreement.


EXHIBIT D: INSURANCE


a. RCCEDC shall procure and maintain for the duration of the contract the following

minimum insurance against claims for injuries to persons or damages to property which may arise

from or in connection with the performance of the Work herein and the results of the Work by

RCCEDC, its agents, representatives, employees or subcontractors (check all that apply):








or if RCCEDC has no owned autos, covering hired (Code 8) and non-owned autos (Code 9), with

limits no less than $1,000,000.00 per accident for bodily injury and property damage.




☐ IV. Professional Liability (Errors and Omissions): Insurance appropriate to

RCCEDC’s profession, with limit no less than $1,000,000.00 per occurrence or claim,

$2,000,000.00 aggregate.

☐ V. Property Insurance: against all risks of loss to any and all improvements,



b. If RCCEDC maintains broader coverage and/or higher limits than the minimums

shown above, the City requires and shall be entitled to the broader coverage and/or higher limits

maintained by RCCEDC.




be covered as additional insured on the CGL policy with respect to liability arising out of the Work

performed by or on behalf of RCCEDC, including materials, parts or equipment furnished in

connection with the Work. General Liability coverage can be provided in the form of an

endorsement to RCCEDC’s insurance (at least as broad as ISO Form 20 10 11 85 or both CG 20

10, CG 20 26, CG 20 33, or CG 20 38, or CG 20 38; and CG 20 37 form is later revisions used).

3. PRIMARY COVERAGE

For any claims related to this Agreement, RCCEDC’s insurance coverage shall be primary

insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its council



shall be excess of RCCEDC’s insurance and shall not contribute to it.





RCCEDC hereby grants to the City a waiver of any right to subrogation which any of

RCCEDC’s insurers may acquire against the City by virtue of the payment of any loss under such

insurance. RCCEDC agrees to obtain any endorsement that may be necessary to affect this waiver

of subrogation, but this provision applies regardless of whether or not the City has received a

waiver of subrogation endorsement from the insurer.



RCCEDC to purchase coverage with a lower retention or provide proof of ability to pay losses and

related investigations, claim administrations, and defense expenses within the retention.




City.





Agreement or the beginning of Work hereunder.


five years after completion of the Work.


policy form with a Retroactive Date prior to the Effective Date, RCCEDC must

purchase “extended reporting” coverage for a minimum of five years after completion

of the Work.


RCCEDC shall furnish the City with original certificates and amendatory endorsements or

copies of the applicable policy language affecting coverage required by this Section. All

certificates and endorsements are to be received and approved by the City before the Work

commences. Failure to obtain the required documents prior to commencement of the Work,

however, shall not waive RCCEDC’s obligations to provide them. The City reserves the right to

require complete, certified copies of all required insurance policies, including endorsements

required by these specifications at any time.








Ord. 21-XX Clean Air Act

ACTION REQUESTED: Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX repealing Sec. 16-9 and replacing it with Chapter 14, Article 5: Clean Air Act.

BACKGROUND: Initiated by: Kevin Maevers Upon legislative approval of HB 2, the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-1 et seq., the New Mexico Legislature established a comprehensive regulatory framework for cannabis and cannabis-derived products under state law. The Act allows local jurisdictions to adopt time, place and manner rules, including rules that reasonably protect public health from the negative impacts of second-hand smoke. The Roswell City Council has previously determined that second-hand smoke from tobacco, or any other weeds or plants, including cannabis, is a health hazard to individuals present in enclosed spaces. Additionally, the City Council has determined that the right to breathe clean air free from health and environmental hazards, such as second-hand smoke, is a human right. With the introduction of Chapter 27 of the Roswell Municipal Code, proposed Ord 21-XX improves public health by adding additional protections against negative impacts associated with second-hand smoke, including second-hand smoke from cannabis and product derivatives.


There are no direct financial impacts associated with this item

LEGAL REVIEW: The City Attorney has reviewed the proposed Ordinance.




Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX repealing Sec. 16-9 and replacing it with Chapter 14, Article 5: Clean Air Act.


ORDINANCE 21-XX 1 2

AN ORDINANCE TO AMEND THE ROSWELL CITY CODE 3 CREATING CHAPTER 14, ARTICLE 5 4

CLEAN AIR ACT 5 6

WHEREAS, the City Council has previously determined that the smoking of tobacco, or 7 any other weed or plant, including cannabis, is a positive danger to health and a health hazard to 8 those who are present in enclosed places and that smoking in such areas should be confined to 9 designated smoking areas; and, 10

11 WHEREAS, pursuant to the Dee Johnson Clean Air Act and subsequent revisions thereto, 12

the City Council has declared its intention to protect the public health from such hazards in public 13 places and places of employment without imposing exorbitant costs on persons in management 14 and control of the places subject to the Dee Johnson Clean Indoor Air Act; and. 15

16 WHEREAS, the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-1 et seq., the 17 New Mexico Legislature established a comprehensive regulatory framework for the sales, 18 possession, and consumption, of cannabis and cannabis-derived products under state law; and 19 20

WHEREAS, the Cannabis Regulation Act provides that local jurisdictions may adopt time, 21 place and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson 22 Clean Indoor Air Act, including rules that reasonably limit density of licenses and operating times 23 consistent with neighborhood uses; and 24

25 WHEREAS, pursuant to the Chapter 27 of the Roswell City Code, the City Council has 26

enacted such controls and restrictions on the possession, use, and sales of cannabis and cannabis-27 derived products, consistent with the provisions of the Cannabis Regulation Act, necessary and 28 proper to protect and promote the health, safety, and welfare of the citizens of Roswell, New 29 Mexico. 30

31 WHEREAS, the City Council has determined that the right to breath clean air, free from 32

the health and environmental hazards of smoking and second-hand smoke, is a human right and 33 that children, the elderly, and the most vulnerable are deserving of additional protections, 34

35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 36

GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 37 38 SECTION 1. The Roswell City Code is hereby amended to create Chapter 14, Article 5, and 39 designating such article as the Roswell Clean Air Act: 40 41

CHAPTER 14, ARTICLE 5: CLEAN AIR ACT 42 43 ARTICLE 5: CLEAN AIR ACT 44 45

Sec. 14-40 – Short Title 46 47 This article may be cited as the “Roswell Clean Air Act.” 48


1 Sec. 14-41 – Findings, Purpose, and Intent 2

3 A. The Roswell City Council finds that secondhand smoke of all varieties, including but 4

not limited to: tobacco, cannabis, or vaping products, poses a significant health hazard 5 to both adults and children. 6 7

B. The Roswell City Council finds that the Explicit nonpreemption clause of the Dee 8 Johnson Clean Indoor Air Act (NMSA 1978, § 24-16-20.) does not “preempt or in any 9 manner preclude specific provisions of a county or municipal smoking ordinance; 10 provided that the smoke-free provisions of such a county or municipal ordinance are 11 inclusive of all minimum standards and provisions for smoke-free areas within the Dee 12 Johnson Clean Indoor Air Act.” 13

14 C. The Roswell City Council therefore declares that the purpose of this ordinance is to 15

protect the public health and welfare by prohibiting smoking in public places and places 16 of employment in conformance with the Dee Johnson Clean Indoor Act (NMSA 1978, 17 § 24-16-1 et seq.) and all subsequent revisions thereto. 18

19 D. The intent of this article is to provide for the regulations and prohibitions necessary to 20

ensure the health, safety and welfare of residents and visitors within the City of 21 Roswell. Nothing in this chapter shall be construed to allow persons to engage in 22 conduct that endangers others or causes a public nuisance. Furthermore, nothing herein 23 shall be construed to permit or authorize any possession, use, and/or consumption of 24 cannabis beyond the provisions of the Cannabis Regulation Act or the Lynn and Erin 25 Compassionate Use Act, nor as affecting or intended to affect or modify federal law 26 relating to cannabis. 27

28 Sec. 14-42. - Definitions 29

30 “Act” refers the provisions of the section entitled as the "Roswell Clean Air Act" together 31 with any amendments thereto, codified as Chapter 14, Article 5, of the Roswell City Code. 32

33 “Advertisement" is a statement or a depiction that is intended to induce the purchase of 34 tobacco, vaping, or cannabis products, and that is displayed in printed material, on a sign 35 or other outdoor display (including free-standing signs, billboards, or electronic message 36 displays), or presented in on radio, television or other media broadcast or in digital media. 37 Advertisement does not include: 38

39 1. a sign or outdoor display or other statement permanently affixed to a licensed 40

premises that is intended to induce the sale of a tobacco, vaping, or cannabis 41 product produced or sold on the premises; 42 43

2. a label affixed to a cannabis product or the covering, wrapper or container of a 44 tobacco, vaping, or cannabis product; or 45 46


3. an editorial or other material printed in a publication when the publication of the 1 editorial or material was not paid for by a licensee and was not intended to promote 2 the sale of tobacco, vaping, or cannabis products by a particular brand or company; 3

4 "Cannabis" is a reference to all parts of the plant Cannabis sativa Linnaeus, Cannabis 5 indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether 6 crude or purified, extracted from any part of the plant; and every compound, manufacture, 7 salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also 8 means the separated resin, whether crude or purified, obtained from cannabis. Cannabis 9 does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake 10 made from the seeds of the plant, any compound, manufacture, salt, derivative, mixture, or 11 preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, 12 or the sterilized seed of the plant which is incapable of germination. Cannabis refers to all 13 parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration 14 of more than three-tenths percent on a dry weight basis, and does not include: 15

16 1. the mature stalks of the plant; fiber produced from the stalks; oil or cake made from 17

the seeds of the plant; any other compound, manufacture, salt, derivative, mixture 18 or preparation of the mature stalks, fiber, oil or cake; or the sterilized seed of the 19 plant that is incapable of germination; or 20 21

2. the weight of any other ingredient combined with cannabis products to prepare 22 topical or oral administrations, food, drink or another product. 23

24 "Cannabis consumption area" is a designated and approved outdoor, partially enclosed, 25 or unenclosed area where cannabis products may be served and consumed. Consumption 26 areas permitting the smoking of cannabis, or cannabis infused products, are subject to the 27 provisions of the City of Roswell Clean Air Act. 28 29 “Cannabis consumption facility” is an approved a facility, building, or other enclosed 30 space, where cannabis is legally consumed within the facility’s boundaries. Common 31 cannabis consumption facilities include, but are not limited to, cannabis consumption 32 lounges, bars, clubs and restaurants with cannabis-infused edible items. Consumption 33 facilities permitting the smoking of cannabis, or cannabis infused products, are subject to 34 the provisions of the City of Roswell Clean Air Act. 35

36 “Cannabis retailer" refers to a person or entity (LP, LLC, Corporation, etc.) that sells 37 cannabis products to qualified patients, primary caregivers, reciprocal participants or 38 directly to consumers; 39 40 “Designated outdoor smoking area” specifies an approved area where smoking may be 41 permitted in an outdoor patio area of a private club that is not covered by a roof which is 42 part of a building or extension of such building, and which has been designated by an 43 employer or manager as such, provided that the following conditions are maintained: 44 45

1. Smoking shall not be permitted near any building entrance, including a door, 46 window or ventilation system of any facility where smoking is permitted, so as to 47


prevent secondhand smoke from entering the indoor portion of the place of 1 employment or the indoor portion of a public place; and 2 3

2. Employees or members of the general public are not required to walk through the 4 designated smoking area to gain entrance to the indoor portion of a place of 5 employment or the indoor portion of a public place; 6

7 3. Signs shall be conspicuously posted indicating that the patio area is a designated 8

smoking area under this Act; and 9 10

4. Complies in all respects with the provisions of the Dee Johnson Clean Indoor Act 11 (NMSA 1978, § 24-16-1 et seq.) as pertains to designated smoking areas. 12

13 To the extent permitted by the provisions of the Dee Johnson Clean Indoor Air Act, a 14 designated outdoor smoking area may have privacy or decorative screening on the 15 perimeters of such patio area, provided that it is not covered by a roof, canopy, awning or 16 fabric. 17

18 “E-cigarette” means a product containing or delivering nicotine, cannabis or another 19 substance intended for human consumption that can be used by a person in any manner for 20 the purpose of inhaling vapor or aerosol from the product, including a device, whether 21 manufactured, distributed, marketed or sold as an e-cigarette, e-cigar, e-pipe, e-hookah or 22 vape pen or under another product name or descriptor. 23

24 “Employee” refers to an individual who is employed by an employer in consideration for 25 direct or indirect monetary wages or profit, and a person who volunteers his or her services 26 for a non-profit entity. 27

28 “Employer” means a person, business, partnership, association, corporation, including a 29 municipal corporation, trust or non-profit entity that employs the services of one or more 30 individual persons. 31 32 “Enclosed area” includes, but is not limited to, all space between a floor and ceiling that 33 is enclosed on all sides by solid walls or windows (exclusive of doorways) that extend from 34 the floor to the ceiling, and include patio areas at restaurants or private clubs that are not 35 designated outdoor smoking areas. 36 37 “Homegrown" or "homemade" refers to cannabis that is grown or made for personal 38 consumption and not related to the sale, distribution, or any other use of cannabis otherwise 39 restricted or regulated by this chapter; 40 41 “Marijuana” See “cannabis”. 42

43 “Place of employment” refers to the area under the control of a public or private employer 44 at which more than one person is present during the course of employment, including, but 45 not limited to, work areas, employee lounges, restrooms, conference rooms, meeting 46 rooms, classrooms, employee cafeterias, and hallways. A private residence may be 47


considered a "place of employment" if it is used for child care, adult day care, health care 1 services, or other use(s) as approved by the City of Roswell as a “Home Occupation”. 2 3 “Public area" is a designated space or place, to which the general public has access and 4 includes, but is not limited to, hallways, lobbies and other parts of apartment houses and 5 hotels that do not constitute rooms or apartments designed for actual residence; highways; 6 streets; schools; churches; places of amusement; parks; playgrounds; athletic fields, 7 gymnasiums, zoos, and places used in connection with public passenger transportation. 8

9 “Public place” means an enclosed area to which the public is invited or permitted or to 10 which members of a club, country club, lodge, or fraternal organization are invited or 11 permitted, including but not limited to, banks, bars, bingo facilities, bowling alleys, 12 educational facilities, government buildings, health care facilities, health clubs, 13 laundromats, lounges, professional offices, public transportation vehicles and facilities, 14 reception areas, restaurants, retail food production and marketing establishments, retail 15 service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting 16 rooms. A private residence may be considered a "public place" if it is used for child care, 17 adult day care, health care services, or other use(s) as approved by the City of Roswell as 18 a “Home Occupation”. 19 20 “Qualified patient" means a resident of New Mexico who holds a registry identification 21 card pursuant to the Lynn and Erin Compassionate Use Act; 22 23 “Reciprocal participant" means a person who is not a resident of New Mexico and who 24 holds proof of enrollment by a governmental regulatory authority to participate in the 25 medical cannabis program of another state of the United States, the District of Columbia 26 or a territory or commonwealth of the United States in which the person resides or a person 27 who holds proof of enrollment by a governmental regulatory authority of a New Mexico 28 Indian nation, tribe or pueblo to participate in its medical cannabis program; 29

30 “Restaurant” means an eating establishment, including but not limited to, coffee shops, 31 cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers 32 for sale food to the public, guests, or employees, as well as kitchens and catering facilities 33 in which food is prepared on the premises for serving elsewhere. The term "restaurant" 34 shall include an attached bar and any outdoor patio area. 35 36 “Retail tobacco store” means a retail store utilized primarily for the sale of tobacco 37 products, including e-cigarettes, vaping products, and accessories, and for which the sale 38 of other products is merely incidental. 39

40 “Secondhand Smoke” refers to the: 41 42

1. smoke emitted from inhaling, exhaling, burning, carrying, or holding: 43 a. a lighted or heated cigar, cigarette, hookah or pipe; or 44 b. any other lighted or heated tobacco or plant product intended for inhalation, 45

including cannabis, whether natural or synthetic; or 46 47

2. aerosol or vapor emitted from inhaling, exhaling, or any other use of an e-cigarette. 48


1 “Smoking” refers to the: 2

1. inhaling, exhaling, burning, or carrying or holding of; 3 a. any lighted cigar, cigarette, or pipe; or 4 b. any other lighted or heated tobacco or plant product intended for inhalation, 5

including cannabis, whether natural or synthetic; or 6 7

2. use of an e-cigarette that creates an aerosol or vapor. 8 9

Sec. 14-43. – Prohibition of Smoking 10 11

A. Smoking, as defined in Sec. 14-42., shall be prohibited in all public places and public 12 areas within the City of Roswell, with the following exception: 13 1. patio areas of private clubs that are designated outdoor smoking areas during such 14

times and dates for those events previously authorized by a special permit issued 15 by the city clerk; 16 a. limited to four events per month. 17 b. The times and dates of said events shall be conspicuously posted at the private 18

club and on the club's website. 19 c. No event shall last longer than six hours. 20 d. During such events, service of food or drink by employees of the private club 21

shall not take place in the outdoor designated smoking area. 22 23

B. Smoking, as defined in Sec. 14-42., shall be prohibited in all places of employment 24 within the City of Roswell pursuant to the following provisions: 25

26 1. Smoking shall be prohibited in all enclosed facilities within places of employment, 27

except as provided in subsections (3) and (4) of this subsection. This includes, but 28 is not limited to, common work areas, auditoriums, classrooms, conference and 29 meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, 30 employee lounges, stairs, restrooms, and all other enclosed facilities. 31 32

2. Smoking shall also be prohibited in all vehicles used in employment. 33 34 3. This prohibition on smoking shall be communicated to all existing employees no 35

later than the effective date of this Act and to all prospective employees upon their 36 application for employment. 37

38 4. Smoking is permitted in an enclosed office or room within a place of employment 39

or in a private vehicle used in employment, provided that; 40 a. The office or room is located in a private residence permitted for use as a home 41

occupation by the City of Roswell Business License Division; 42 b. The vehicle used for business purposes is privately owned by the business 43

owner; 44 c. The smoker is the only person present in the room, office, or vehicle; and 45 d. The smoke does not enter areas where other persons are present or permitted; 46

and 47


e. The smoke is filtered or otherwise dissipates before other persons enter the 1 room, office, or vehicle. 2

f. This exception does not apply to places declared to be entirely nonsmoking 3 pursuant to Sec. 14-45. 4

5 5. Smoking is permitted in a designated outdoor smoking area of a private club within 6

a place of employment, but only when authorized by a special permit issued by the 7 city clerk as provided in Sec. 14-43 (A.1.) above. 8 9

6. Reasonable distance. Smoking is prohibited within 15 feet of any public entrance 10 outside an enclosed area where smoking is prohibited, so as to insure that 11 secondhand smoke does not enter the area through entrances, windows, ventilation 12 systems or other means. 13

14 Sec. 14-44. – Unregulated Smoking Areas 15

16 Notwithstanding any other provision of this Act to the contrary, the following areas shall 17 be exempt from the provisions of Sec. 14-43, subsections 3c and 3d: 18

19 A. Private residences, except when such private residence may be considered a "place of 20

employment" for child care, adult day care, health care services, or other similar use(s) 21 as approved by the City of Roswell as a “Home Occupation”. 22

23 B. Hotel and motel rooms that are rented to guests and are designated as smoking rooms. 24 25 C. Retail tobacco stores; provide that smoke from these places does not infiltrate into areas 26

where smoking is prohibited under the provisions of this Act. 27 28 D. Private and semi-private rooms in nursing homes and long-term care facilities that are 29

occupied by one or more persons, all of whom are smokers and have requested in 30 writing to be placed in a room where smoking is permitted. 31

32 E. Outdoor areas of places of employment except those covered by the provisions of 33

subsection (e), and except for patio areas of restaurants or private clubs that are not 34 designated outdoor smoking areas. 35

36 F. Vehicles parked at a drive-in restaurant or driving in a drive-through area of a restaurant 37

or other drive-through facility. 38 39 G. an indoor or outdoor cannabis consumption area pursuant to the Cannabis Regulation 40

Act. 41 42

Sec. 14-45. – Declaration as a Nonsmoking Establishment 43 44

A. Notwithstanding any other provision of this Act, an owner, operator, manager, or other 45 person in control of an establishment, facility or outdoor area may declare that entire 46 establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be 47


prohibited in any place in which has been declared as a Nonsmoking Establishment and 1 is in conformance with the requirements of Sec. 14-45.(B). 2 3

B. Sign Posting Requirements. 4 5

1. "No Smoking" signs or the international "No Smoking" symbol (consisting of a 6 representation of a burning cigarette enclosed in a red circle with a red bar across 7 it) shall be clearly and conspicuously posted in every public place and place of 8 employment where smoking is prohibited by this Act, by the owner, operator, 9 manager or other person in control of that place. Office buildings and shopping 10 malls with multiple tenants may display such signs at all public entrances to the 11 building or shopping mall, rather than at the office or store of each tenant. 12

13 2. All ashtrays shall be removed from any area where smoking is prohibited by this 14

Act by the owner, operator, manager, or other person having control of the area. 15 16

C. Non-retaliation 17 18

1. No person or employer shall discharge, refuse to hire, or in any manner retaliate 19 against an employee, applicant for employment or customer because that employee, 20 applicant or customer exercises any rights afforded by this Act or reports or 21 attempts to prosecute a violation of this Act. 22 23

2. No employee shall be required to work in a designated outdoor smoking area. 24 25

Sec. 14-45. –Enforcement 26 27

A. Enforcement of the provisions of this Act shall be by citation from the Roswell Police 28 Department, the Roswell Fire Inspector, or the Roswell Code Enforcement Officers. 29

30 B. Whenever necessary to make an inspection to enforce any of the provisions of this Act 31

or whenever the officers defined in paragraph A of this section have reasonable cause 32 to believe that there exists a violation of this section the officer may enter the building 33 or premises at all reasonable times and to inspect the same to perform any such duties 34 imposed upon the officer by this section. 35

36 C. Notice of the provisions of this Act shall be given to all applicants for a business license 37

in the City of Roswell. 38 39 D. Any citizen who desires to register a complaint under this article may initiate 40

enforcement with the code enforcement department of the City of Roswell. 41 42 E. The fire department, code enforcement department or their designees shall, while an 43

establishment is undergoing otherwise mandated inspections, inspect for compliance 44 with this Act. 45

46 F. An owner, manager, operator, or employee of an establishment regulated by this Act 47

shall inform persons violating this article of the appropriate provisions thereof. 48


1 G. Notwithstanding any other provision of this Act, an employee or private citizen may 2

bring legal action to enforce this Act. 3 4 H. In addition to the remedies provided by the provisions of this section, the City of 5

Roswell Code Enforcement Department or any person aggrieved by the failure of the 6 owner, operator, manager, or other person in control of a public place or a place of 7 employment, to comply with the provisions of this Act, may apply for injunctive relief 8 to enforce those provisions in any court of competent jurisdiction. 9

10 Sec. 14-46. – Violations and Penalties 11

12 A. A person who smokes in an area where smoking is prohibited by the provisions of this 13

Act shall be guilty of a petty misdemeanor, punishable by a fine not exceeding $150.00. 14 15 B. A person who owns, manages, operates or otherwise controls a public place or place of 16

employment and who fails to comply with the provisions of Sec. 14-43.B. of this Act 17 shall be guilty of a petty misdemeanor, punishable by: 18

19 1. A fine not exceeding $250.00 for the first violation 20

21 2. A fine not exceeding $500.00 for a second violation within one year after the 22

warning. 23 24

3. A fine not exceeding $1,000.00 for each additional violation within one year after 25 the warning. 26

27 C. Other applicable laws: This Act shall not be interpreted or construed to permit 28

smoking where it is otherwise restricted by other applicable laws. 29 30 D. Liberal construction: This Act shall be liberally construed so as to further its purposes. 31 32 E. Severability: If any provision, clause, sentence or paragraph of this section or the 33

application thereof to any person or circumstances shall be held invalid, that invalidity 34 shall not affect the other provisions of this Act which can be given effect without the 35 invalid provision or application, and to this end the provisions of this Act are declared 36 to be severable. 37

38 Sec. 14-47. – Effective Date 39

40 This Act shall be effective October 19, 2021. 41 42

Secs. 14-48. – 14.60 - RESERVED 43 44

45 46 47 48


1 2 SECTION 2. Roswell City Code Chapter 16, Article I, Sec. 16-9 – Smoke Free Air Act is hereby 3 struck in its entirety. Section 16-9 shall be reserved. 4 5 SECTION 3. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 6 repealed to the extent of such inconsistency. This repeal shall not be construed to revive any 7 ordinance or part of any ordinance heretofore repealed. 8 9 SECTION 4. If any section, paragraph, clause or provisions of this ordinance for any reason shall 10 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 11 clause or provision shall not affect any other part of this ordinance. 12 13 SECTION 5. This ordinance shall be effective after five (5) days following its publication as 14 required by law. 15 16 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 17 18 CITY SEAL 19 20 21 _____________________________ 22 Dennis Kintigh, Mayor 23 ATTEST 24 25 26 27 _____________________ 28 Sharon Coll, City Clerk 29 30





Ord. 21-XX: Chapter 27 Amendment

ACTION REQUESTED: Consider recommending 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.

BACKGROUND: Initiated by: Kevin Meavers 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 concerning municipal operational permit conditions and requirements, on-site consumption permit requirements and cannabis special event permit requirements. Additionally, the proposed ordinance would implement additional definitions as well as zoning and development standards into Chapter 27.


There are no direct financial impacts associated with this item.

LEGAL REVIEW: The City Attorney has reviewed the proposed Ordinance. Ordinances are adopted by majority vote of the entire Governing Body.




Consider recommending 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.


ORDINANCE 21-XX 1 2

AN ORDINANCE AMENDING CHAPTER 27 OF THE ROSWELL CITY CODE 3 RELATING TO CANNABIS 4

5 WHEREAS, within the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-1 et 6 seq., the New Mexico Legislature established a comprehensive regulatory framework for the 7 possession, cultivation, manufacture and sales of cannabis and cannabis-derived products; and 8 9

WHEREAS, the Cannabis Regulation Act provides that local jurisdictions may adopt time, 10 place, and manner rules that do not conflict with the Cannabis Regulation Act or the Dee Johnson 11 Clean Indoor Air Act, including rules that reasonably limit density of licenses and operating times 12 consistent with neighborhood uses; and 13

14 WHEREAS, the City Council has previously adopted Ordinance 21-09 and 21-10, 15

establishing a framework to enact such controls and restrictions on the possession, use, cultivation, 16 manufacture and sales of cannabis and cannabis-derived products, consistent with the provisions 17 of the Cannabis Regulation Act, necessary and proper to protect and promote the health, safety, 18 and welfare of the citizens of Roswell, New Mexico; and 19

20 WHEREAS, the City Council intends with this ordinance, to amend Chapter 27 of the 21

Roswell City Code, to further provide the policies and procedures for regulation of cannabis and 22 anticipates adopting additional provisions in the future to provide a comprehensive approach to 23 cannabis and related activities within the City. 24 25

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AS THE 26 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 27 28 SECTION 1. Article 2 of Chapter 27 of the Roswell City Code is hereby amended as follows: 29 30 ARTICLE 2: DEFINITIONS 31 32

Sec. 27-12. – Additional definitions 33 34

CCAN: Commercial Cannabis Zoning District 35 36 Halfway House: See Rehabilitation facility; inpatient 37 38 ICAN: Industrial Cannabis Zoning District 39

40 Industrial Cannabis Establishment: Includes, but is not limited to, businesses established 41 principally for the purposes of cultivation, manufacture, distribution, laboratory testing 42 (including research & development), and transportation (including possession, processing, 43 storing, and labeling incidental to such activities) of cannabis and cannabis products as 44 provided in this chapter. Industrial cannabis establishments must be sited within the ICAN 45 zoning district. 46

47


Rehabilitation Facility: A facility for the purposes of temporary or long-term treatment, 1 for addiction to alcohol or drugs. Rehabilitation facilities may provide care, treatment, 2 and/or counseling through either medical, or non-medical practices. The structures and land 3 associated with the rehabilitation facility may be provided for by inpatient or outpatient 4 services and needs: 5

a. Inpatient treatment facility: where one or more patients are provided with care,6 treatment, meals, and lodging.7

b. Outpatient treatment facility: where one or more patients are provided with care8 and/or treatment, but no meals or lodging are provided.9

10 Retail Cannabis Establishment: Is limited to those businesses established principally for 11 the purposes of retail sales and/or on-site consumption of cannabis and/or cannabis 12 products to qualified patients, primary caregivers, reciprocal participants, or directly to 13 consumers. Retail cannabis establishments may be sited within the CCAN or ICAN zoning 14 districts. 15

16 Secondhand Smoke: See the Roswell Clean Air Act; Chapter 14, Article 5: Sec. 14-42 of 17 the Roswell City Code. 18

19 Smoking: See the Roswell Clean Air Act; Chapter 14, Article 5: Sec. 14-42 of the Roswell 20 City Code. 21

22 Substance Abuse Treatment Center: See Rehabilitation facility. 23

24 25

SECTION 2. Article 6 of Chapter 27 of the Roswell City Code is hereby amended as follows: 26 27

ARTICLE 6: CANNABIS ESTABLISHMENTS GENERALLY 28 29

Sec. 27-52. – Cannabis Project Applications 30 31

F. Any location or activity prohibited by Sec. 27-65. An Exhibit or Map, drawn at an32 appropriate engineering scale, indicating the distance (measured in feet) from any of33 the following:34 1. Any public or private facility as described in Sec. 27-65.A.1.35 2. Any residential zoning district as described in Sec. 27-65.A.236 3. Any cannabis-related business as described in Sec. 27-65.A.3.37

38 Sec. 27-53. – Operational Permit Required 39

40 A. Prior to initiating operations, and as a continuing requirement to operate, a retail41

cannabis establishment or industrial cannabis establishment, the legal representative of42 the person(s) or entity intending to operate and/or lease a facility for the development43 of a proposed cannabis establishment shall obtain and pay all fees associated with:44

45 1. an operational permit from the city as required by this chapter46


1 2. a conditional use permit from the city as required by this chapter. 2

3 3. all application, processing, and permitting fees as established and adopted by 4

resolution of the city council, including such amendments as may be adopted 5 from time to time 6

7 B. This section, and the requirement to obtain an operational permit, does not apply to the 8

individual possession or cultivation of cannabis for personal use, as allowed by state 9 law. Personal possession and use, including non-commercial cannabis cultivation, is 10 regulated under Chapter 27, Article 5. Personal possession and use of cannabis pursuant 11 to state law and local ordinance, is permitted in the City of Roswell. 12

13 Sec. 27-54. – Operational Permit Application, Term, and Renewal 14

15 Any application for a Cannabis Establishment operational permit (retail or industrial) 16 shall include, but shall not be limited to, the following information: 17 18 A. The name, address, and telephone number of the individual acting as the applicant for 19

the Cannabis Establishment operational permit. 20 21 B. If the applicant is a legal entity (corporation, llc, dba, etc.), the application must include 22

a description of the statutory entity or business form that will serve as the legal structure 23 for the applicant. The responsible individual for the legal entity shall also provide a 24 copy of the entity’s formation and organizing documents, including, but not limited to, 25

1. articles of incorporation, 26 2. statement of information, 27 3. articles of association, 28 4. partnership agreement, 29 5. operating agreement, 30

31 C. A legible copy of each legal representative’s photo identification, such as a state 32

driver's license, a passport issued by the United States, or a permanent resident card. 33 34 D. A list of the license or permit types (including license or permit numbers) held by the 35

applicant that involves the operation of an industrial cannabis establishment, including 36 the date the license or permit was issued and the jurisdiction or state license authority 37 that issued the license or permit. 38

39 E. The proposed industrial cannabis establishment’s physical address, telephone number, 40

website address, and email address. 41 42 F. Contact information for the applicant's designated primary contact person including the 43

name, title, address, phone number, and email address of the individual. 44 45 G. A list of each fictitious business name or DBA (Doing Business As) filed with the 46

Secretary of State (for Corporations or LLC’s) or Chaves County Clerk (for 47


individuals) that the applicant is operating under, including the physical address of the 1 location of the business. 2

3 H. A comprehensive business operations plan that includes the following: 4

5 1. Business plan. A plan describing how the industrial cannabis establishment will 6

operate in accordance with this chapter, state law, and other applicable regulations. 7 8 2. Community relations plan. A plan describing who is designated as being 9

responsible for outreach and communication with the surrounding community, 10 including the neighborhood and businesses, and how the designee can be contacted. 11

12 3. Neighborhood responsibility plan. A plan addressing any adverse impacts of the 13

proposed industrial cannabis establishment on the surrounding area. 14 15

I. A statement in writing by the applicant that certifies under penalty of perjury that all 16 the information contained in the application is true and correct. 17 18

J. A full and complete copy of the applicant's most current application submitted to and 19 approved by the State of New Mexico Cannabis Control Division (CCD). 20

21 K. Additional information as required by Sec. 27-71 (Industrial Cannabis establishments) 22

and/or Sec. 27-101 (Retail Cannabis establishments). 23 24 L. Based on the information set forth in the application, the city manager may impose 25

additional, reasonable terms and conditions on the proposed operations of the cannabis 26 establishment in addition to those specified in this chapter. 27

28 M. Operational Permit Term: A cannabis establishment operational permit is valid for one 29

year from the date that the permit is issued, unless suspended or revoked sooner. 30 31 N. Operational Permit Renewal Process: 32

33 1. To renew a cannabis establishment operational permit, a completed permit renewal 34

form and renewal permit fee shall be received by the Community Development 35 Department from the permittee no earlier than sixty (60) calendar days before the 36 expiration of the permit and no later than the last business day before the expiration 37 of the permit. 38

39 2. In the event the operational permit is not renewed prior to the expiration date, the 40

permittee must cease all cannabis establishment operations. 41 42 O. Display of Operational Permit: The permittee shall display a valid operational permit, 43

issued in accordance with this chapter, inside the lobby or waiting area of the main 44 entrance to the premises. The permit shall be displayed at all times in a conspicuous 45 place so that it may be readily seen by all persons entering the premises. 46


1 P. Permits Not Transferrable: Operational permits issued pursuant to this chapter are not 2

transferable. 3 4

Q. Compliance with State Law: All cannabis establishments shall comply fully with all of 5 the applicable restrictions and mandates set forth in state law, including without 6 limitation the Cannabis Regulation Act, codified as NMSA 1978, § 26-2C-1 et seq. 7

8 Sec. 27-55. – Operational Permit Denial, Suspension, Revocation, Surrender, and Appeal 9

10 A. The Community Development Department may deny an application for an operational 11

permit or renewal of an operational permit upon making any of the following findings: 12 13

1. The applicant or the premises for which an operational permit is applied does not 14 qualify for a permit under this chapter. 15 16

2. The applicant made a material misrepresentation of the application. 17 18

3. The applicant fails to comply with the provisions of this chapter. 19 20

4. The applicant has failed to provide information required by the city manager. 21 22

5. The cannabis establishment is not properly organized or operating in strict 23 compliance pursuant to the Cannabis Regulation Act (NMSA 1978, § 26-2C-1 et 24 seq.), and any other applicable law, rules and regulations. 25

26 B. The city manager may suspend, modify, or revoke an operational permit issued 27

pursuant to the provisions of this chapter for any of the following reasons: 28 29

1. One or more of the circumstances upon which an operational permit could be 30 denied exists or has occurred; or 31

32 2. One or more conditions of the operational permit has been violated; or 33 34 3. The permittee, its owners, officers, directors, partners, agents, or other persons 35

vested with the authority to manage or direct the affairs of the business have 36 violated any provision of this chapter. 37

38 4. Operations cease for more than thirty (30) calendar days, including during change 39

of ownership proceedings, unless otherwise authorized by the city manager; 40 41 5. Ownership is changed without securing a new operational permit; or 42 43 6. The cannabis establishment fails to allow inspection of the records, security 44

recordings, the activity logs, or the premises by authorized city officials. 45 46


C. Every permittee who surrenders, abandons, or quits the permitted premises after a 1 certificate of occupancy is issued, or who closes the permitted premises for a period 2 exceeding sixty (60) consecutive calendar days after a certificate of occupancy is 3 issued, shall, within sixty (60) calendar days after closing, surrendering, quitting, or 4 abandoning the permitted premises, surrender the operational permit to the city 5 manager. 6

7 1. The city manager may seize the operational permit of a permittee who fails to 8

comply with the surrender provisions of this section and may proceed to revoke the 9 permit. 10 11

2. If a permittee wishes to close a cannabis establishment for repair or refurbishment 12 for a period of longer than sixty (60) calendar days, the permittee shall notify the 13 city manager of same in writing. 14

15 D. Any decision by the Community Development Department regarding the denial, 16

suspension, or revocation of an operational permit may be appealed to the City 17 Manager. Any decision by the City Manager regarding the denial, suspension, or 18 revocation of an operational permit may be appealed to the City Council. Notice of and 19 the procedures governing such hearing shall be provided pursuant to this Chapter. 20

21 Sec. 27-56. – Emergency Contact and Community Relations Manager 22

23 A. The cannabis establishment permittee shall provide the city manager with the current 24

name and primary and secondary telephone numbers of at least one 24-hour on-call 25 manager to address and resolve complaints and to respond to operating problems or 26 concerns associated with the cannabis establishment. 27

28 B. Each cannabis establishment shall provide the city manager with the name, phone 29

number, and email address of an on-site community relations staff person or other 30 representative to whom the city can provide notice if there are operating problems 31 associated with the cannabis establishment or refer members of the public who may 32 have any concerns or complaints regarding the operation of the cannabis establishment. 33 Each cannabis establishment shall also provide the above information to its business 34 neighbors located within three hundred (300) feet of the cannabis establishment as 35 measured in a straight line without regard to intervening structures, between the front 36 doors of each establishment. 37

38 Sec. 27-57. – Inspections, Enforcement, and Violations 39

40 A. Recordings made by security cameras at any industrial cannabis establishment shall be 41

made immediately available to the city manager upon verbal request; no search warrant 42 or subpoena shall be needed to view the recorded materials. 43 44

B. The city manager shall have the right to enter all industrial cannabis facilities from time 45 to time unannounced for the purpose of making reasonable inspections to observe and 46 enforce compliance with this chapter. 47


1 C. Operation of the industrial cannabis establishment in non-compliance with any 2

conditions of approval or the provisions of this chapter shall constitute a violation of 3 the municipal code and shall be enforced pursuant to the provisions of this code. 4

5 D. The city manager may summarily suspend or revoke a cannabis operational permit if 6

the city manager determines that the cannabis establishment has failed to comply with 7 this chapter or any condition of approval or a circumstance or situation has been created 8 that would have permitted the city manager to deny the permit under Sec. 27-55. 9

10 E. Violations of this chapter: 11

12 1. In addition to any other remedy allowed by law, any person who violates a 13

provision of this chapter is subject to criminal sanctions, civil actions, 14 administrative penalties, permit suspension, and permit revocation. 15

16 2. Violations of this chapter constitute an infraction or misdemeanor and may be 17

enforced by any applicable law. 18 19 3. Violations of this chapter are hereby declared to be public nuisances. 20 21 4. Each person is guilty of a separate offense each day a violation is allowed to 22

continue, and every violation of this chapter shall constitute a separate offense and 23 shall be subject to all remedies. 24

25 5. All remedies prescribed under this chapter shall be cumulative and the election of 26

one or more remedies shall not bar the city from the pursuit of any other remedy 27 for the purpose of enforcing the provisions hereof. 28

29 Sec. 27-58. – Liability and Indemnification 30

31 A. To the fullest extent permitted by law, any actions taken by a public officer or employee 32

under the provisions of this chapter shall not become a personal liability of any public 33 officer or employee of the city. 34 35

B. To the maximum extent permitted by law, the permittees under this chapter shall defend 36 (with counsel acceptable to the city), indemnify and hold harmless the City of Roswell, 37 the Roswell Mayor and City Council, and its respective officials, officers, employees, 38 representatives, agents and volunteers (hereafter collectively called city) from any 39 liability damages, actions, claims, demands, litigation, loss (direct or indirect), causes 40 of action, proceedings or judgment (including legal costs, attorneys' fees, expert 41 witness or consultant fees, city attorney or staff time, expenses or costs (collectively 42 called "action") against the city to attack, set aside, void or annul, any cannabis-related 43 approvals and actions and comply with the conditions under which such permit is 44 granted, if any. The city may elect, in its sole discretion, to participate in the defense of 45 said action and the permittee shall reimburse the city for its reasonable legal costs and 46 attorneys' fees. 47


1 C. Within ten (10) calendar days of the service of the pleadings upon the city of any action 2

as specified in Subsection B., above, the permittee shall execute a letter of agreement 3 with the city, acceptable to the office of the city attorney, which memorializes the above 4 obligations. These obligations and the letter of agreement shall survive termination, 5 extinguishment, or invalidation of the cannabis-related approval. Failure to timely 6 execute the letter of agreement does not relieve the applicant of any of the obligations 7 contained in this section or any other requirements or performance or operating 8 standards that may be imposed by the city. 9

10 D. To the fullest extent permitted by law, the city shall not assume any liability 11

whatsoever, with respect to approving any operational permit pursuant to this chapter, 12 or the operation of any retailer or retail cannabis establishment approved pursuant to 13 this chapter. 14

15 Sec. 27-59 – 27-60. – RESERVED 16

17 SECTION 3. Article 7 of Chapter 27 of the Roswell City Code is hereby amended as follows: 18 19 ARTICLE 7: ZONING AND DEVELOPMENT STANDARDS 20 21

Sec. 27-62. – Establishment of CCAN Zoning Designation. 22 23

B. Land Use Regulations: 24 25

3. Conditional Uses are as follow: 26 d. Any conditional use permitted in the C-1 district 27 e. Any conditional use permitted in the C-2 district 28

29 Sec. 27-63. – Establishment of ICAN Zoning Designation. 30

31 B. Land Use Regulations: 32

33 2. Special Uses are as follows: 34

a. Any special use permitted in the C-1 I-1 district. 35 b. Any special use permitted in the C-2 I-2 district. 36 37

3. Conditional Uses are as follows: 38 f. Any conditional use permitted in the I-1 district 39 g. Any conditional use permitted in the I-2 district 40 h. Any conditional use permitted in the CCAN district 41

42 43 SECTION 4. Article 8 of Chapter 27 of the Roswell City Code is hereby amended as follows: 44 45 ARTICLE 8: INDUSTRIAL CANNABIS ESTABLISHMENT – REGULATORY 46

OPERATIONAL PERMIT 47


1 Sec. 27-71. – Operational Permit Application, Additional Information Required 2

3 In addition to the information required in Sec. 27-53, an application for an Industrial 4 Cannabis Establishment operational permit shall include, but shall not be limited to, the 5 following information: 6

7 A. A complete and detailed diagram of the proposed premises showing the boundaries of 8

the property and the proposed premises to be permitted, showing all boundaries, 9 dimensions, entrances and exits, interior partitions, walls, rooms, windows, doorways, 10 and common or shared entryways, storage areas and exterior lighting. The diagram 11 must show the areas in which all business will take place, including but not limited to, 12 limited-access areas. 13

14 B. A detailed security plan, outlining the security system features and measures that will 15

be taken to ensure the safety of persons and property on the premises, and the proposed 16 security arrangements to deter and prevent unauthorized entrance into limited access 17 areas and theft of cannabis, in accordance with security measures required by state law. 18 As part of the security plan, a lighting plan is required that shows existing and proposed 19 exterior and interior lighting that will provide adequate security lighting for the 20 industrial cannabis activity and premises. The security plan shall be reviewed by the 21 Roswell Police Department and Community Development Department. The security 22 plan must be prepared by a qualified professional and include provisions in compliance 23 with the following: 24

25 1. Security cameras shall be installed and maintained in good condition, and used in 26

an on-going manner with at least two hundred forty (240) concurrent hours of 27 digitally recorded documentation in a format approved by the city manager. The 28 cameras shall be in use twenty-four (24) hours per day, seven days per week. The 29 areas to be covered by the security cameras shall include, but are not limited to, the 30 public areas, storage areas, employee areas, all doors and windows, and any other 31 areas as determined to be necessary by the city manager. 32

33 2. The premises shall be alarmed with an audible interior and exterior alarm system, 34

unless waived for extenuating circumstances by the city manager that is operated 35 and monitored by a recognized security company deemed acceptable by the city 36 manager. Any change in the security company shall be subject to the approval of 37 the city manager. All current contact information regarding the security company 38 shall be provided to the city manager. 39

40 3. Entrance to the cultivation, manufacturing, testing areas, and any storage areas shall 41

be locked at all times, and under the control of cannabis facility staff. 42 43 4. All cannabis and/or cannabis products shall be securely stored, and a reliable, 44

commercial alarm system shall be installed and maintained where the cannabis is 45 secured. 46

47


5. A licensed security guard, approved by the Roswell Police Department, shall be 1 present at the premises during all hours of operation. If the security guard is to be 2 armed, then the security guard shall possess at all times a valid security guard card 3 and firearms permit. 4

5 6. A heavy-gauge chain-link (or other material as approved by the city manager) 6

fence, a minimum of eight-feet in height, shall be constructed around the perimeter 7 of the premises to prevent public access and obscure the cannabis cultivation 8 facility from public view. Screening may include landscaping or vinyl slats. 9

10 C. An odor control plan that describes the air treatment system or other methods that will 11

be implemented to prevent odors generated by the industrial cannabis activity from 12 being detected outside the building(s) on the premises. 13 14

D. Any such additional and further information as is deemed necessary by the city 15 manager to administer this chapter. 16

17 Sec. 27-72. – Operating Standards 18

19 A. Indoor cultivation only. A permittee shall only cultivate cannabis in a fully enclosed 20

and secure building. A permittee shall not allow cannabis or cannabis products on the 21 premises to be visible from the public right of way, the unsecured areas surrounding 22 the buildings on the premises, or the premises' main entrance and lobby. 23 24

B. Limited access areas. A permitted industrial cannabis establishment shall only permit 25 authorized individuals to enter the cannabis establishment’s limited-access areas. 26 27

C. Odor control. A permittee shall comply with the odor control plan that is submitted 28 during the application process and approved by the city manager. Industrial cannabis 29 establishments shall provide a sufficient odor absorbing ventilation and exhaust system 30 so that odor generated inside the building(s) that is distinctive to its operation is not 31 detected outside the premises, anywhere on adjacent property or public rights-of-way, 32 on or about any exterior or interior common area walkways, hallways, breezeways, 33 foyers, lobby areas, or any other areas available for common use by tenants or the 34 visiting public, or within any other unit located within the same building as the 35 commercial cannabis activity. As such, applicants must install and maintain the 36 following equipment or any other equipment which the city manager determines has 37 the same or better effectiveness: 38

39 1. An exhaust air filtration system with odor control that prevents internal odors from 40

being emitted externally; and 41 42 2. An air system that creates negative air pressure between the cannabis facility's 43

interior and exterior so that the odors generated inside the cannabis facility are not 44 detectable outside the cannabis facility. 45

46


3. Should compliance with the odor control plan fail to properly control odor, the city 1 manager may impose additional or modified plan restrictions. 2

3 D. Security. A permittee shall comply with the security plan that is submitted during the 4

application process as reviewed by the city manager. A permittee shall report to the 5 Roswell Police Department all criminal activity occurring on the premises. Should 6 compliance with the security plan fail to properly secure the premises of the industrial 7 cannabis establishment, the city manager may impose additional or modified plan 8 restrictions. 9

10 E. Cannabis consumption prohibited. No person shall smoke, ingest, or otherwise 11

consume cannabis in any form on the premises of the industrial cannabis establishment 12 unless the permittee has a valid onsite consumption permit. No person shall smoke, 13 ingest, or otherwise consume cannabis in violation of state law. 14

15 F. Alcohol and tobacco sales prohibited. A permittee shall not sell alcoholic beverages or 16

tobacco products on or at any premises permitted under this chapter. 17 18 G. Juveniles prohibited. No one under the age of eighteen (18) shall be allowed on the 19

premises, nor shall anyone under the age of twenty-one (21) operate an industrial 20 cannabis establishment in any capacity, including, but not limited to, as a manager, 21 staff, employee, contractor, or volunteer. 22

23 H. State law compliance. All retail cannabis establishments must operate in full 24

compliance with state law. 25 26

Sec. 27-81. – Building Standards 27 28

A building that houses an industrial cannabis establishment shall comply with the 29 following requirements: 30

31 A. Entrances. All entrances into the buildings on the premises shall be locked at all times 32

with entry controlled by the permittee's managers and staff. A Knox Box shall be 33 provided to emergency services personnel to allow access to the buildings 24-hours a 34 day, seven days a week. 35

36 B. Main entrance and lobby. The premises shall have a building with a main entrance that 37

is clearly visible from the public street or sidewalk. The main entrance shall be 38 maintained clear of barriers, landscaping, and other obstructions. Inside of the main 39 entrance, there shall be a lobby to receive persons into the premises and to verify 40 whether they are allowed in the building. 41

42 B. Activity area. All cultivation, manufacturing, or testing areas in any building on the 43

premises shall be separated from the main entrance and lobby, and shall be secured by 44 a lock accessible only to managers and staff of the permittee. 45

46 47


Sec. 27-82. – Premises Restricted 1 2 A. No permittee shall open the industrial cannabis establishment to the public. 3 4 B. No permittee shall allow anyone on the premises, except for managers, staff, and other 5

persons with a bona fide business or regulatory purpose for being there, such as 6 contractors, inspectors, and cannabis transporters. 7

8 C. A manager must be on the premises at all times that any other person, except for 9

security guards, is on the premises. 10 11

Secs. 27-83. – 27-99. – RESERVED 12 13 SECTION 5. Article 9 of Chapter 27 of the Roswell City Code is hereby amended as follows: 14 15 ARTICLE 9: RETAIL CANNABIS ESTABLISHMENT – REGULATORY 16 OPERATIONAL PERMIT 17 18

Sec. 27-101. – Operational Permit Application, Additional Information Required 19 20

In additional to the information required in Sec. 27-53, an application for a Retail 21 Cannabis Establishment operational permit shall include, but shall not be limited to, the 22 following information: 23 24 A. A complete and detailed diagram of the proposed premises showing the boundaries of 25

the property and the proposed premises to be permitted, showing all boundaries, 26 dimensions, entrances and exits, interior partitions, walls, rooms, windows, doorways, 27 and common or shared entryways, storage areas and exterior lighting. The diagram 28 must show the areas in which all business will take place, including, but not limited to, 29 limited-access areas. 30

31 I. A detailed security plan outlining the security system features, measures, and proposed 32

security arrangements to deter and prevent unauthorized entrance into limited access 33 areas and theft of cannabis, in accordance with minimum security measures required 34 by state law. The security plan shall be reviewed by the Roswell Police Department 35 and the city manager. 36

37 J. Any such additional and further information as is deemed necessary by the city 38

manager to administer this Section. 39 40

Sec. 27-102. – Operating Standards 41 42

A. Limited access areas. A permitted retailer shall only permit authorized individuals to 43 enter the retail cannabis establishment limited-access areas. 44

45 B. Retail area. Individuals shall only be granted access to the area to purchase cannabis 46

goods after the permittee has identified the individual as a medical cannabis patient, 47


primary caregiver, or person over the age of twenty-one (21), depending on whether 1 the retail cannabis establishment sells medicinal or recreational cannabis or both. 2

3 C. Delivery. All deliveries of cannabis must be performed in compliance with State law, 4

corresponding state-issued regulations, and local ordinance. 5 6 D. An inventory record documenting the dates and amounts of cannabis produced or 7

received at the premises, the daily amounts of cannabis on the premises, and the daily 8 amounts of cannabis transported from the premises. The retail cannabis establishment 9 manager shall report any loss, damage, or destruction of these records to the city 10 manager within twenty-four (24) hours of the loss, damage, or destruction. 11 12

E. Security. A permittee shall comply with the security plan that is submitted during the 13 application process as approved by the city manager. A permittee shall report to the 14 Roswell Police Department all criminal activity occurring on the premises. Should 15 compliance with the security plan fail to properly secure the retailer or retail 16 microbusiness premises, the city manager may impose additional or modified plan 17 restrictions. 18

19 F. Cannabis consumption prohibited. No person shall smoke, ingest, or otherwise 20

consume cannabis in any form on the premises of a retail cannabis establishment unless 21 the retailer has a valid onsite consumption permit. No person shall smoke, ingest, or 22 otherwise consume cannabis in violation of state law. 23

24 G. Alcohol and tobacco sales prohibited. A permittee shall not sell alcoholic beverages or 25

tobacco products on or at any premises permitted under this chapter. 26 27

H. Juveniles prohibited. No one under the age of eighteen (18) shall be allowed on the 28 premises, nor shall anyone under the age of twenty-one (21) operate a retail cannabis 29 establishment in any capacity, including, but not limited to, as a manager, staff, 30 employee, contractor, or volunteer. 31

32 I. No cannabis odors shall be detectable outside of the permitted retail cannabis 33

establishment. 34 35

J. State law compliance. All retail cannabis establishments must operate in full 36 compliance with state law. 37

38 Secs. 27-103. – 27-129. – RESERVED 39

40 SECTION 6. Article 10 of Chapter 27 of the Roswell City Code is hereby amended as follows: 41 42 ARTICLE 10: ON-SITE CANNABIS CONSUMPTION PERMIT 43 44

Secs. 27-130. – On-Site Cannabis Consumption Permit Requirements 45 46


A. A retail cannabis establishment must obtain an on-site consumption permit (in addition 1 to an operational permit under this chapter and a conditional use permit) in order for 2 cannabis to be consumed on the premises of the retail cannabis establishment. 3

4 B. An onsite consumption permit may be issued at the discretion of the city manager to 5

existing cannabis retail establishments in good standing. An application for an onsite 6 consumption permit may be denied for failure to meet requirements of the city building 7 code, fire code, zoning code, this chapter, and/or any violation of state or local law 8 relevant to the operation of a retail cannabis establishment. 9

10 C. The city manager shall establish conditions of approval for each onsite consumption 11

permit, including, but not limited to a parking plan, ventilation plan, and anti-drugged 12 driving plan. 13

14 D. The On-Site Cannabis Consumption permit shall be subject to suspension or revocation 15

in accordance with Sec. 27-55, and the owner or operator shall be liable for any 16 excessive police or other costs related to enforcement, pursuant to Chapter 16 – 17 Nuisances, of the Roswell City Code. 18

19 E. The application fee and annual fee for the on-site consumption permit shall be 20

determined by city council resolution. 21 22 F. All on-site consumption permits shall be issued for a term of one year. No property 23

interest, vested right, or entitlement to receive a future license to operate a retail 24 cannabis establishment shall ever inure to the benefit of such permit holder as such 25 permits are revocable at any time with or without cause by the city manager subject to 26 Sec. 27-55. 27

28 Secs. 27-131. – 27-139. – RESERVED 29

30 SECTION 7. Article 11 of Chapter 27 of the Roswell City Code is hereby amended as follows: 31 32 ARTICLE 11: CANNABIS SPECIAL EVENT - TEMPORARY PERMIT 33 34

Secs. 27-140. – Temporary/Special Event Requirements 35 36

A. Temporary/Special Cannabis Events are allowed within the city, provided that the 37 event organizer holds a current adult-use cannabis license from the state Cannabis 38 Control Division and obtains the following permits and approvals from the City of 39 Roswell: 40

41 1. a temporary/special cannabis event license; and 42

43 2. a conditional use permit (CUP) from the city pursuant to this chapter 44

45 B. A cannabis event organizer must provide notice to the city of the proposed 46

temporary/special cannabis event no less than ninety (90) days before the first day of 47


the cannabis event, to allow adequate time for the submittal, review, and approval of 1 the CUP for the proposed event. Late requests (less than 90 calendar days from the 2 proposed date of the event) for temporary/special event permits will not be accepted or 3 processed. 4 5

C. Temporary/Special cannabis events must remain in full compliance with state law, 6 corresponding state regulations, and local ordinances, throughout the duration of the 7 event. 8

9 D. Alcohol and tobacco sales prohibited. A permittee for temporary/special events shall 10

not sell alcoholic beverages or tobacco products on or at any premises permitted under 11 this chapter. 12

13 E. The Temporary/Special Cannabis Event permit shall be subject to suspension or 14

revocation in accordance with Sec. 27-55, and the owner or operator shall be liable for 15 excessive police or other costs related to enforcement, pursuant to Chapter 16 – 16 Nuisances, of the Roswell City Code. 17

18 Secs. 27-141. – Vendor Licensing 19

20 A. All vendors at Temporary/Special Cannabis Events must be approved by the City of 21

Roswell Community Development Dept. All vendors must hold a current City of 22 Roswell Business License as well as any other permits or licenses necessary or 23 required, dependent upon the type or category of vendor permit desired: 24

25 1. Mobile or non-mobile vendor: General products and services 26

27 2. Mobile or non-mobile vendor: Food or other non-cannabis consumables 28

29 3. Vendor: Non-THC products, services, materials, gifts, and/or collectibles 30

intended to support the commercial cannabis industry. 31 32

4. Vendor: Industrial Hemp and/or CBD products and services 33 34

5. Vendor: Cannabis and/or cannabis infused products 35 36

B. All vendors, regardless of type or category, shall contact the City of Roswell’s Business 37 License Division a minimum of 30-days prior to any Temporary/Special Cannabis 38 Event to obtain necessary business license and operational permits. Applications for 39 business license or operational permits received less than 30-days prior to the 40 Temporary/Special Cannabis Event may be subject to denial. 41

42 43 44 45 46


Secs. 27-142. – On-Site Cannabis Consumption 1 2

A permit for On-site cannabis consumption at Temporary/Special Cannabis Events may be 3 issued at the discretion of the City Manager, pursuant to the requirements of Article 10, 4 Sec. 27-130 of this chapter. 5

6 Secs. 27-143. – 27-149. – RESERVED 7

8 9 SECTION 8. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 10 repealed to the extent of such inconsistency. This repeal shall not be construed to revive any 11 ordinance or part of any ordinance heretofore repealed. 12 13 SECTION 9. If any section, paragraph, clause or provisions of this ordinance for any reason shall 14 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 15 clause or provision shall not affect any other part of this ordinance. 16 17 SECTION 10. This ordinance shall be effective after five (5) days following its publication as 18 required by law. 19 20 21 PASSED, ADOPTED, SIGNED and APPROVED on this ______ day of December 2021. 22 23 CITY SEAL 24 25 26 ______________________________ 27 Dennis Kintigh, Mayor 28 29 30 ATTEST 31 32 33 34 ______________________________ 35 Sharon Coll, City Clerk 36





Ord. 21-XX Waste Management Franchise

ACTION REQUESTED: Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Waste Management of New Mexico, Inc.

BACKGROUND: Initiated by: Abraham Chaparro Pursuant to NMSA 1978 § 3-48-3, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services. Waste Management provides solid waste services pursuant to an August 10, 2017 Agreement. The company’s franchise ordinance, dated December 8, 1994, has expired. The proposed ordinance would reauthorize Waste Management’s franchise.


There are no financial impacts directly associated with this item.

LEGAL REVIEW: The City Attorney drafted the proposed Ordinance. NMSA 1978 § 3-48-2 requires that municipal franchises be granted pursuant to a franchise ordinance. Once adopted, the franchise becomes effective after 30 days, unless challenged by a petition. If a petition containing the required number of signatures is filed within 30 days, the franchise must be subjected to a special election




Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Waste Management of New Mexico, Inc.


ORDINANCE 21-XX 1 2

AN ORDINANCE GRANTING A FRANCHISE TO WASTE MANAGEMENT OF 3 NEW MEXICO, INC. FOR THE COLLECTION, TRANSPORTATION AND 4

DISPOSAL OF SOLID WASTE 5 6

WHEREAS, pursuant to Section 21-11 of the Roswell City Code, the City has the exclusive 7 right to engage in the collection of solid waste within the City; and 8

9 WHEREAS, NMSA 1978, § 3-48-3 permits the City to contract with collectors for the 10 collection of solid waste, and thereby prescribe the duties and compensation of such collectors; 11 12 WHEREAS, WASTE MANAGEMENT OF NEW MEXICO, INC. is a solid waste 13 collection company that wishes to engage in the business of solid waste collection within the City; 14 and 15 16 WHEREAS, the City Council wishes to grant to WASTE MANAGEMENT OF NEW 17 MEXICO, INC. a nonexclusive franchise to collect, transport and dispose of solid waste within the 18 City, upon the terms and conditions set forth herein below and in the Solid Waste Collection 19 Franchise Agreement (the “Agreement”). 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 22 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 23 24 SECTION 1. The City of Roswell hereby grants to WASTE MANAGEMENT OF NEW 25 MEXICO, INC. a nonexclusive franchise for the collecting, transporting, disposing and recycling of 26 solid waste kept, accumulated or produced in the City of Roswell and to use the public streets and 27 rights of way for such purpose, as more fully described in the Agreement. 28 29 SECTION 2. WASTE MANAGEMENT OF NEW MEXICO, INC. may exercise the nonexclusive 30 franchise granted above only upon execution of the Agreement and only during its effective term, 31 any extension thereof, or upon execution of a subsequent written contract after expiration or 32 termination of the current Agreement. WASTE MANAGEMENT OF NEW MEXICO, INC. is 33 prohibited from exercising the franchise in the absence of a written agreement with the City, 34 however, WASTE MANAGEMENT OF NEW MEXICO, INC. shall owe franchise fees to the City 35 for all exercise of the franchise, regardless of whether a written agreement exists in force. 36 37 SECTION 3. The franchise is contingent on WASTE MANAGEMENT OF NEW MEXICO, 38 INC.’s compliance during the term of the Agreement with all its warranties, covenants and 39 obligations set forth in the Agreement, including without limitation, timely payment of franchise 40 fees, maintenance of insurance, compliance with law and maintenance of any applicable permits. 41 42 SECTION 4. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 43 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 44 ordinance or part of any ordinance heretofore repealed. 45 46 SECTION 5. If any section, paragraph, clause or provisions of this ordinance for any reason shall 47 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 48


clause or provision shall not affect any other part of this ordinance. 1 2 SECTION 6. This ordinance shall be effective after thirty (30) days following its adoption, unless 3 a petition is filed in conformity with NMSA 1978 §3-42-1(C), in which case, this ordinance shall be 4 effective upon a majority vote of the qualified electors of the municipality. 5 6 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 7 8 CITY SEAL 9 10 11 _____________________________ 12 Dennis Kintigh, Mayor 13 ATTEST 14 15 16 17 _____________________ 18 Sharon Coll, City Clerk 19





Ord. 21-XX: Whitcamp Franchise

ACTION REQUESTED: Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Whitcamp Disposal Company.

BACKGROUND: Initiated by: Abraham Chaparro Pursuant to NMSA 1978 § 3-48-2, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services. Whitcamp provides solid waste services pursuant to an December 1, 2002 Agreement. The company does not have a duly adopted franchise ordinance.


There are no financial implication with this item.

LEGAL REVIEW: The City Attorney drafted the Franchise Ordinance. NMSA 1978 § 3-48-2 requires that municipal franchises be granted pursuant to a franchise ordinance. Once adopted, the franchise becomes effective after 30 days, unless challenged by a petition. If a petition containing the required number of signatures is filed within 30 days, the franchise must be subjected to a special election.




Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Whitcamp Disposal Company.


ORDINANCE 21-XX 1 2 AN ORDINANCE GRANTING A FRANCHISE TO WHITCAMP DISPOSAL 3

COMPANY FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF 4 SOLID WASTE 5

6 WHEREAS, pursuant to Section 21-11 of the Roswell City Code, the City has the exclusive 7

right to engage in the collection of solid waste within the City; and 8 9

WHEREAS, NMSA 1978, § 3-48-3 permits the City to contract with collectors for the 10 collection of solid waste, and thereby prescribe the duties and compensation of such collectors; 11 12 WHEREAS, WHITCAMP DISPOSAL COMPANY is a solid waste collection company that 13 wishes to engage in the business of solid waste collection within the City; and 14 15 WHEREAS, the City Council wishes to grant to WHITCAMP DISPOSAL COMPANY a 16 nonexclusive franchise to collect, transport and dispose of solid waste within the City, upon the 17 terms and conditions set forth herein below and in the Solid Waste Collection Franchise Agreement 18 (the “Agreement”). 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 21 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 22 23 SECTION 1. The City of Roswell hereby grants to WHITCAMP DISPOSAL COMPANY a 24 nonexclusive franchise for the collecting, transporting, disposing and recycling of solid waste kept, 25 accumulated or produced in the City of Roswell and to use the public streets and rights of way for 26 such purpose, as more fully described in the Agreement. 27 28 SECTION 2. WHITCAMP DISPOSAL COMPANY may exercise the nonexclusive franchise 29 granted above only upon execution of the Agreement and only during its effective term, any 30 extension thereof, or upon execution of a subsequent written contract after expiration or termination 31 of the current Agreement. WHITCAMP DISPOSAL COMPANY is prohibited from exercising the 32 franchise in the absence of a written agreement with the City, however, WHITCAMP DISPOSAL 33 COMPANY shall owe franchise fees to the City for all exercise of the franchise, regardless of 34 whether a written agreement exists in force. 35 36 SECTION 3. The franchise is contingent on WHITCAMP DISPOSAL COMPANY’s compliance 37 during the term of the Agreement with all its warranties, covenants and obligations set forth in the 38 Agreement, including without limitation, timely payment of franchise fees, maintenance of 39 insurance, compliance with law and maintenance of any applicable permits. 40 41 SECTION 4. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 42 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 43 ordinance or part of any ordinance heretofore repealed. 44 45 SECTION 5. If any section, paragraph, clause or provisions of this ordinance for any reason shall 46 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 47 clause or provision shall not affect any other part of this ordinance. 48


1 SECTION 6. This ordinance shall be effective after thirty (30) days following its adoption, unless 2 a petition is filed in conformity with NMSA 1978 §3-42-1(C), in which case, this ordinance shall be 3 effective upon a majority vote of the qualified electors of the municipality. 4 5 PASSED, ADOPTED, SIGNED and APPROVED ___ , . 6 7 CITY SEAL 8 9 10 _____________________________ 11 Dennis Kintigh, Mayor 12 ATTEST 13 14 15 16 _____________________ 17 Sharon Coll, City Clerk 18





SW Disposal Franchise Ordinance

ACTION REQUESTED: Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Southwest Disposal Corporation.

BACKGROUND: Initiated by: Abraham Chaparro Pursuant to NMSA 1978 § 3-48-3, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services.

SW Disposal’s franchise agreement, dated March 31, 1995, and its franchise ordinance, dated February 9, 1995, have expired. The proposed ordinance would reauthorize SW Dsiposal’s franchise.



LEGAL REVIEW: The City Attorney drafted the Franchise Ordinance. NMSA 1978 § 3-48-2 requires that municipal franchises be granted pursuant to a franchise ordinance. Once adopted, the franchise becomes effective after 30 days, unless challenged by a petition. If a petition containing the required number of signatures is filed within 30 days, the franchise must be subjected to a special election.




Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Southwest Disposal Corporation.


ORDINANCE 21-XX 1 2

AN ORDINANCE GRANTING A FRANCHISE TO SOUTHWEST DISPOSAL 3 CORPORATION FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL 4

OF SOLID WASTE 5 6


9 WHEREAS, NMSA 1978, § 3-48-3 permits the City to contract with collectors for the 10 collection of solid waste, and thereby prescribe the duties and compensation of such collectors; 11 12 WHEREAS, SOUTHWEST DISPOSAL CORPORATION is a solid waste collection 13 company that wishes to engage in the business of solid waste collection within the City; and 14 15 WHEREAS, the City Council wishes to grant to SOUTHWEST DISPOSAL 16 CORPORATION a nonexclusive franchise to collect, transport and dispose of solid waste within 17 the City, upon the terms and conditions set forth herein below and in the Solid Waste Collection 18 Franchise Agreement (the “Agreement”). 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 21 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 22 23 SECTION 1. The City of Roswell hereby grants to SOUTHWEST DISPOSAL CORPORATION 24 a nonexclusive franchise for the collecting, transporting, disposing and recycling of solid waste kept, 25 accumulated or produced in the City of Roswell and to use the public streets and rights of way for 26 such purpose, as more fully described in the Agreement. 27 28 SECTION 2. SOUTHWEST DISPOSAL CORPORATION may exercise the nonexclusive 29 franchise granted above only upon execution of the Agreement and only during its effective term, 30 any extension thereof, or upon execution of a subsequent written contract after expiration or 31 termination of the current Agreement. SOUTHWEST DISPOSAL CORPORATION is prohibited 32 from exercising the franchise in the absence of a written agreement with the City, however, 33 SOUTHWEST DISPOSAL CORPORATION shall owe franchise fees to the City for all exercise of 34 the franchise, regardless of whether a written agreement exists in force. 35 36 SECTION 3. The franchise is contingent on SOUTHWEST DISPOSAL CORPORATION’s 37 compliance during the term of the Agreement with all its warranties, covenants and obligations set 38 forth in the Agreement, including without limitation, timely payment of franchise fees, maintenance 39 of insurance, compliance with law and maintenance of any applicable permits. 40 41 SECTION 4. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 42 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 43 ordinance or part of any ordinance heretofore repealed. 44 45 SECTION 5. If any section, paragraph, clause or provisions of this ordinance for any reason shall 46 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 47 clause or provision shall not affect any other part of this ordinance. 48





Ord 21-XX: Desert Southwest Franchise

ACTION REQUESTED: Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Desert Southwest Enterprises, LLC.

BACKGROUND: Initiated by: Abraham Chaparro Pursuant to NMSA 1978 § 3-48-2, the City reserves the exclusive right under Section 21-11 of the Roswell City Code to engage in the collection and disposal of solid waste within the City. Section 21-11 further permits the City to grant franchises to private companies to engage in solid waste collection and disposal, including recycling services. Desert West provides solid waste services pursuant to a 2011 Agreement. The company does not have a duly adopted franchise ordinance.



LEGAL REVIEW: The City Attorney drafted the Franchise Ordinance. NMSA 1978 § 3-48-2 requires that municipal franchises be granted pursuant to a franchise ordinance. Once adopted, the franchise becomes effective after 30 days, unless challenged by a petition. If a petition containing the required number of signatures is filed within 30 days, the franchise must be subjected to a special election




Consider recommending to advertise to hold a public hearing to consider adoption of proposed Ord 21-XX granting a franchise for solid waste collection, transportation and disposal services within the City of Roswell to Desert Southwest Enterprises, LLC.


ORDINANCE 21-XX 1 2

AN ORDINANCE GRANTING A FRANCHISE TO DESERT WEST ENTERPRISES, 3 LLC FOR THE COLLECTION, TRANSPORTATION AND DISPOSAL OF SOLID 4

WASTE 5 6


9 WHEREAS, NMSA 1978, § 3-48-3 permits the City to contract with collectors for the 10 collection of solid waste, and thereby prescribe the duties and compensation of such collectors; 11 12 WHEREAS, DESERT WEST ENTERPRISES, LLC is a solid waste collection company 13 that wishes to engage in the business of solid waste collection within the City; and 14 15 WHEREAS, the City Council wishes to grant to DESERT WEST ENTERPRISES, LLC a 16 nonexclusive franchise to collect, transport and dispose of solid waste within the City, upon the 17 terms and conditions set forth herein below and in the Solid Waste Collection Franchise Agreement 18 (the “Agreement”). 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL AS THE 21 GOVERNING BODY OF THE CITY OF ROSWELL, NEW MEXICO, that: 22 23 SECTION 1. The City of Roswell hereby grants to DESERT WEST ENTERPRISES, LLC a 24 nonexclusive franchise for the collecting, transporting, disposing and recycling of solid waste kept, 25 accumulated or produced in the City of Roswell and to use the public streets and rights of way for 26 such purpose, as more fully described in the Agreement. 27 28 SECTION 2. DESERT WEST ENTERPRISES, LLC may exercise the nonexclusive franchise 29 granted above only upon execution of the Agreement and only during its effective term, any 30 extension thereof, or upon execution of a subsequent written contract after expiration or termination 31 of the current Agreement. DESERT WEST ENTERPRISES, LLC is prohibited from exercising the 32 franchise in the absence of a written agreement with the City, however, DESERT WEST 33 ENTERPRISES, LLC shall owe franchise fees to the City for all exercise of the franchise, regardless 34 of whether a written agreement exists in force. 35 36 SECTION 3. The franchise is contingent on DESERT WEST ENTERPRISES, LLC’s compliance 37 during the term of the Agreement with all its warranties, covenants and obligations set forth in the 38 Agreement, including without limitation, timely payment of franchise fees, maintenance of 39 insurance, compliance with law and maintenance of any applicable permits. 40 41 SECTION 4. All ordinances or parts of ordinances in conflict or inconsistent herewith are hereby 42 repealed to the extent of such inconsistency. This repealer shall not be construed to revive any 43 ordinance or part of any ordinance heretofore repealed. 44 45 SECTION 5. If any section, paragraph, clause or provisions of this ordinance for any reason shall 46 be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, 47 clause or provision shall not affect any other part of this ordinance. 48





Department Reports

City departments that provide reports to the Legal Committee are as follows: • City Clerk • Legal • Safety • HR


September 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 – 57 o Same requestor #1 – 2 o Same requestor #2 – 2 o Same requestor #3 - 30 o Miscellaneous requestors - 23

• 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 • Beginning of Election School Training

Sharon Coll - City Clerk


Legal Department October 2021 Report

Litigation Criminal The Legal Department currently has 26 open criminal cases. During the reporting period, the Legal Department resolved 6 cases and received 2 new criminal cases.

Civil The Legal Department currently has 28 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 Ordinance Amending Section 2-17 Resolution Accepting Deed of Release Resolution Establishing Water Rights Fees at RAC Joint Resolution of the City and Chaves County

Contracts Review: During the reporting period the Legal Department reviewed 5 contracts or agreements.

Draft: During the reporting period the Legal Department drafted or revised 6 contracts or agreements.

Other The City Attorney’s Office has hired a new Contracts Administrator to assist with contract compliance City-wide.


DEPT. YEARLY TOTAL MONTH 2021 2020 2019

FAC MTNC $25,000.00 JANUARY 3 6 12

POLICE $23,235.83 FEBRUARY 2 9 6

SANITATION $381,043.84 MARCH 2 7 11

WWTP $2,932.34 APRIL 5 4 7

$432,212.01 MAY 10 6 9

JUNE 7 11 6

JULY 7 5 14

YR/MONTH TOTAL AMT AUGUST 7 5 6

October-20 $2,500.00 SEPTEMBER 2 2 7

November-20 $1,601.27 OCTOBER 5 14

December-20 $1,225.86 NOVEMBER 4 3

January-21 $6,656.91 DECEMBER 5 10

February-21 $323.34 TOTALS 43 69 105

March-21 $0.00

April-21 $7,943.56

May-21 $383,025.21

June-21 $25,372.82

July-21 $398.00

August-21 $480.00

September-21 $2,685.04

TOTAL $432,212.01

DEPARTMENT TOTAL AMT

SANITATION $379,817.98

POLICE $21,634.56

WWTP $432.34

FAC MTNC $25,000.00

TOTAL: $426,884.88

DEPARTMENT TOTAL AMTFIRE 2

POLICE 11

SANITATION 24

WWTP 5

STREETS 1

FAC MTNC 1

PARKS 1

TOTAL 45

SEPTEMBER 30, 2021 PROPERTY INCIDENT REPORTS

CITY OF ROSWELL

OCT 2020 - SEP 2021

2021- YEAR TO DATE

2021 INCIDENT

Costs of Incidents by Department

OCT 2020- SEP 2021 INCIDENT COMPARISONS

12

6

11

7

9

6

14

67

14

3

10

6

9

7

4

6

11

5 5

2

54

5

32 2

5

10

7 7 7

2

JAN FEB MAR APRIL MAY JUNE JULY AUG SEPT OCT NOV DECAxis Title

YEARLY COMPARISON PREVENTABLE INCIDENTS 2019 2020 2021

$0

$50,000

$100,000

$150,000

$200,000

$250,000

$300,000

$350,000

$400,000

$450,000

JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC

COST COMPARISONPREVENTABLE INCIDENTS

2019 2020 2021

12

1

11

24

1

5

FACILITY MTNC FIRE PARKS POLICE SANITATION STREETS WWTP

2021 - YEAR TO DATE


CITY OF ROSWELL

MONTH 2021 2020 2019 2018 2017 2016

JANUARY 9 5 5 4 4 6

FEBRUARY 6 5 2 3 4 3

MARCH 12 2 5 1 5 2

APRIL 7 4 5 6 6 2

MAY 3 7 6 4 8 5

JUNE 1 5 19 4 2 9

JULY 3 5 13 9 8 7

AUGUST 5 3 6 6 4

SEPTEMBER 3 3 5 6 3 8OCTOBER 1 6 6 2 14

NOVEMBER 2 2 2 4 3

DECEMBER 4 2 3 2 4

LOST TIME 12 17 14 11 19 16NO LOST TIME 34 30 62 43 29 51

TOTAL CLAIMS 46 47 76 54 48 67

WORKERS COMPENSATION CLAIM COMPARISON

21

2

7

1

32

17

4

1 1

3 3

ANIMAL CONTROL

FAC MTNC RECREATION FIRE GOLF TRANSIT PARKS POLICE SANITATION STREETS DISPATCH WATER MTNC WWTP

WORKERS COMPENSATION CLAIMS 2020

3 2 1

25

1 3

26

1 2 1

9

2

ANIMAL CONTROL

FAC MTNC FINANCE FIRE LIBRARY PARKS POLICE SANITATION STREETS TRANSIT WATER MTNC WWTP


1 1

7

1

3

12

7

3

1

3

5

1 1

ANIMAL CONTROL

FAC MTNC FIRE GOLF PARKS POLICE SANITATION TRANSIT CENTRAL WATER MTNC WWTP ZOO PR



OCTOBER 2021 MONTHLY REPORT- HUMAN RESOURCES

Department Monthly Activities:

October is open enrollment for insurance. All employees are required to update their information.

The RFP for contract services was approved by council on 10/14/21.

The City came to an agreement with RPOA and Blue Collar on their CBA.


legal committee meeting agenda thursday, october 28, …

Documents