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RES 19-20-049A ALL SIGNED LAS CRUCES UTILITIES BOARD RESOLUTION NO. 19-20-049A A RESOLUTION APPROVING AN ASSIGNMENT OF THE UTILITIES PUBLIC RELATIONS PROFESSIONAL SERVICES AGREEMENT WITH SUZANNE MICHAELS COMMUNICATIONS TO McCLURE PUBLICATIONS FOR THE REMAINDER OF THE INITIAL ONE (1) YEAR TERM, EFFECTIVE AUGUST 16, 2020, THROUGH FEBRUARY 28, 2021. The Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces, is informed that: WHEREAS, on February 13, 2020, the Las Cruces Utilities ("LCU") Board of Commissioners ("Board") awarded a Professional Services Agreement ("PSA") for the Public Relations Consultant under Resolution No. 19-20-049 to two vendors, one of which was Suzanne Michaels Communications ("SMC") of Las Cruces, New Mexico; and WHEREAS, the SMC PSA is for a one (1) year term, effective March 1, 2020, - February 28, 2021, in an amount not to exceed $75,000.00 including New Mexico Gross Receipts Tax ("NMGRT"); and WHEREAS, Suzanne Michaels of SMC announced her retirement and Cassie McClure who has worked for SMC for three (3) years; and WHEREAS, SMC recommends Cassie McClure of McClure Publications be assigned the remainder of the SMC PSA; and WHEREAS, paragraph 16 of the PSA with the City of Las Cruces ("City") states that any assignment or transfer of any interest in the PSA requires the prior written consent of the City; and WHEREAS, the Assistant City Manager of Operations agreed via email to allow the assignment of the SMC PSA for the remainder of the current year's contract term. The City Manager also agreed via a Memorandum, dated July 10, 2020; and LCU FY20 06/20 Rev. 4 LCU Board Resolution No. 19-20-049A Page 2 of 3 WHEREAS, Utilities staff agrees with the Assistant City Manager of Operations, in that the assignment under Section 16 of the PSA would not apply for the additional three (3) one-year renewal terms; and WHEREAS, prior to the end of the current PSA term Utilities staff will work with City Purchasing staff to procure the services of a local Public Outreach Consultant; and WHEREAS, Utilities staff recommends the LCU Board approve the assignment from SMC to McClure Publications. NOW, THEREFORE, Be it Resolved by the Board of Commissioners for the City of Las Cruces Utilities, on behalf of the City of Las Cruces: (I) THAT the PSA with SMC approved in LCU Resolution 19-20-049 is hereby assigned to McClure Publications, effective as of August 16, 2020, through February 28, 2021. (II) THAT City staff is hereby authorized to do all deeds necessary in the accomplishment of the herein above. DONE AND APPROVED this 13th day of August 2020. APPROVED: By Board Chair ATTEST: Secretary LCU FY20 06/20 Rev. 4 LCU Board Resolution No. 19-20-049A Page 3 of 3 VOTE: Chair Little: Moved by Vice-Chair Archuleta: Commissioner Bencomo: Seconded by Commissioner Carmichael: Commissioner Hardee: Commissioner Johnson: Commissioner Sorg: APPROVED AS TO FORM: Sr. Assistant City Attorney LCU FY20 06/20 Rev. 4 ATTACHMENT "A" Alma Ruiz From: David Dollahon Sent: Tuesday,July 14, 2020 10:33 AM To: Jorge Garcia; Delilah Walsh Cc: Alex Liu; Alfredo Pacheco; Terri Gayhart; Barbara De Leon;Jennifer Vega-Brown;Jocelyn Garrison; Robert Cabello;Alma Ruiz Subject: Suzanne Michaels Communication - assignment of Contract Follow Up Flag: Flag for follow up Flag Status: Flagged Jorge and Delilah: Good morning. I have reviewed all the information submitted on the assignment. I have some concerns with the Assignment provisions within the PSA with Suzanne Michaels. While not clear in the agreement, I don't feel that the assignment was meant to be used in this way. I realize that Suzanne is retiring. However, I feel that the assignment was intended for when one company acquires another company through either a merger or acquisition and they change their legal entity status. By doing this assignment this way, it is limiting on procurement and competition. I also know that we can't do it as a sole source, as we have another contract with another firm for a portion of this procurement. With that said, as I also know that the services are needed and Cassie, having worked with or for Suzanne, is a known entity, I would offer the following: Assignment be allowed to Cassie for the remainder of this year's (through Feb 2021) contract term. It is under the$75000 and allows for continued services without much interruption. But it doesn't allow for the additional 3 years of the contract to be assigned to Cassis at this time. This allows for services and the department to continue. However, prior to the end of the contract's first year, Utilities can either re-procure the services for the remaining portion of the contract OR, propose to the City Manager's Office to bring this service in house. We don't yet know who the next City Manager or the Director of Communications will be and depending on their desired layout and organization, it may be worth the discussion with the next CM to bring this function in house. Hope that makes sense. I'm not acting on it today and can discuss with both of you when Jorge is back in the office tomorrow. Thanks. David P. Dollahon, AICP, CGPM Assistant City Manager - Operations/Administration/City Manager's Office Direct: 575-541-2078, Cell: 575-642-4053, Fax: 575-541-2077, ddollahon@las-cruces.org '�City of Las Cruces P I }_. ATTACHMENT "B" City of Las Cruces AFMOUNTAINS OF OPPORTUNITY MEMORANDUM To: David Maestas, Interim City Manager V From: Jorge A. Garcia, Ph.D., P.E., Utilities Director Initials: P Date: July 10, 2020 File #: -UD21-009 Subject: Recommendation to Assign Contract 19-20-049 from Suzanne Michaels Communications to McClure Publications The Las Cruces Utilities (LCU) Board of Commissioners (Board) awarded the Utilities Public Relations Professional Services Agreement (PSA) to two consultants, one was Suzanne Michaels Communications (SMC) in Las Cruces, New Mexico and Agenda LLC., in Albuquerque, New Mexico. On July 8, 2020, Suzanne Michaels announced her retirement and recommended Cassie McClure, be assigned the contract for the remainder of the contract, which ends February 2021. LCU Staff concurs. The advantage SMC has over Agenda LLC. is being located here in Las Cruces. LCU needs a local Public Relations consultant. Ms. McClure owns McClure Publications and has worked with SMC for the past 3-years, specially working for LCU on the following, but not limited to: • Attending, in person, meetings for the LCU Board and Utility Customer Advisory Group, • Participating in public outreach events and public meetings for the purpose of taking pictures followed by writing articles, • Working with Deputy Directors and Senior Office Manager when writing LCU articles and ensuring content is accurate and educational, • Ensuring articles are published in the Las Cruces Sun-News, the Bulletin, and works with the City of Las Cruces (City) Public Information Office (PIO) to post on the City's Facebook, Instagram, and Twitter, • Working with the City on News Releases, and • Assisting with strategic marketing for all outreach communication, which includes vides, radio ads, and ads on City buses. Based on Ms. McClure being local to Las Cruces and having 3-years of experience working directly for SMC and LCU, staff is requesting your authorization to implement PSA Section 16. ASSIGNMENT, which reads: "CONTRACTOR shall perform all services under this Agreement and shall not assign any interest in this Assignment or transfer any interest in same or assign any claims for money due or to become due under this Agreement without prior written consent of the CITY." AN EQUAL OPPORTUNITY EMPLOYER David Maestas, P.E., Interim City Manager Page 2 of 2 Recommendation to Assign Contract 19-20-049/File #: UD21-009 July 10, 2020 Staff has consulted with City Legal and Ms. Jennifer Vega-Brown informed staff that City Manager must make the decision whether to assign the existing SMC contract. Therefore, if you approve the Assignment from SMC to McClure Publications for the remainder of the current contract period, from September 1, 2020, through February 28, 2021, please sign below. Upon your approval, staff will prepare a Resolution to take to the LCU Board meeting on August 13, 2020, to assign the SMC contract to McClure Publications. Staff will also work with Purchasing to submit a Request for Proposal for Utilities Public Relations to be effective March 1, 2021. If you have any questions or require additional information, you may reach me at 528-3512. Approved: Disapproved: ❑ David Maestas, F}°E., Interim City Manager Date JAG/ajr Attachments: Resolution 19-20-049, with signed PSA and email from Jennifer Vega- Brown cc: Delilah A. Walsh, Assistant Utilities Director Initials: cc: David Dollahon, Assistant City Manager Initials: cc: Jennifer Vega-Brown, City Attorney -�u�-�- 4kI _ ' �s u L ✓ Ve me,, 41LC CD y�c 1 r'� �-�.� ���'e ri w• CUBkU d � '« A J � P � LAS CRUCES UTILITIES BOARD RESOLUTION NO. 19-20-049 A RESOLUTION AWARDING THE UTILITIES PUBLIC RELATIONS PROFESSIONAL SERVICES PRICE AGREEMENT UNDER REQUEST FOR PROPOAL 19-20-049 TO TWO CONSULTANTS FOR A TOTAL CONTRACT AMOUNT NOT TO EXCEED $100,000.00 INCLUDING NEW MEXICO GROSS RECEIPTS TAX, FOR A ONE (1) YEAR TERM, EFFECTIVE MARCH 1, 2020, — FEBRUARY 28, 2021, WITH THE OPTION TO RENEW THREE (3) ADDITIONAL ONE (1) YEAR TERMS SUBJECT TO APPROVED BUDGET APPROPRIATION AND ANNUAL SERVICE PRICE AGREEMENT RENEWALS. The Board of Commissioners ("Board") for the City of Las Cruces Utilities ("LCU"), on behalf of the City of Las Cruces ("City"), is informed that: WHEREAS, on September 18, 2019, LCU staff were notified by City Purchasing staff that the two proposals had been received for the Public Relations Consultant RFP No. 19-20-049. On October 14, 2019, the Evaluation Committee meet to evaluate the two proposals received. The Evaluation Committee recommended contracting with both Public Relations Consultants. On November 4, 2019, the Utilities Director concurred with the Evaluation Committee's recommendation; and WHEREAS, on November 22, 2019, City Purchasing staff notified both vendors of the City's intent to contract with multiple firms and that negotiations with respondents would commence with the intent to establish contract terms acceptable to all parties; and WHEREAS, on December 17, 2019, the City's Purchasing Manager extended the current Public Relations Consultant Service Agreement under RFP No. 14-15-101 to be a month-to-month Service Agreement to terminate on February 29, 2019, leaving all other terms of the RFP No. 14-15-101 Service Agreement the same. This extension enabled LCU staff to bring forth LCU Resolution 19-20-049 to the LCU Board for Action at today's meeting, without lapse in public relations services. NOW, THEREFORE, Be it Resolved by the Board of Commissioners for the LCU FY20 01/20 Rev. 3 LCU Board Resolution No. 19-20-049 Page 2 of 3 City of Las Cruces Utilities, on behalf of the City of Las Cruces: (I) THAT the LCU Board award a Professional Services Agreement for the Public Relations Consultant under RFP No. 19-20-049 to two vendors: SMC of Las Cruces, New Mexico, in an amount not to exceed $75,000.00 including New Mexico Gross Receipts Tax ("NMGRT") and Agenda, LLC, of Albuquerque, New Mexico, in an amount not to exceed $25,000.00 including NMGRT, for a total contract amount not to exceed $100,000.00 including NMGRT, between both vendors, for a one (1) year term, effective March 1, 2020, - February 28, 2021, with the option to renew annually for three (3) additional one (1) year terms subject to approved budget appropriation and annual renewal. (II) THAT funding for the contracted amount come from the Customer Engagement line of business under the Customer Outreach program's Professional and Technical account number: 50734001-721070. (III) THAT City staff is hereby authorized to do all deeds necessary in the accomplishment of the herein above. DONE AND APPROVED this 13th day of February 2020. APPROVED: y�� By Board Chair ATTEST: Secretary v LCU FY20 01/20 Rev. 3 LCU Board Resolution No. 19-20-049 Page 3 of 3 VOTE: Chair Little: AYE Moved by Sorg Vice-Chair Archuleta: AYE Commissioner Baumgarn: ABSENT___ Seconded by Archuleta Commissioner Bencomo: AYE Commissioner Carmichael: AYE Commissioner Johnson: AYE Commissioner Sorg: AYE APPROVED AS TO FORM: L' Sr. Assistant City Attorney LCU FY20 01/20 Rev. 3 City of Las Cruces® MOUNTAINS OF OPPORTUNITY PO Box 20000 Las Cruces, NM 88004 November 22, 2019 RE: RFP No. 19-20-049 Utilities Public Relations Consulting Services Dear Sir/Madam: Two responses to the above referenced Request for Proposal (RFP) solicitation were received and evaluated by a committee based upon the RFP criteria. The evaluation scoring sheet is attached. Per the RFP document, the City of Las Cruces intends to contract with multiple firms, therefore negotiation with respondents will commence with intent to establish contract terms acceptable to the parties. Should negotiations fail to establish such terms, the RFP may be re-solicited. Your continued interest and participation in this selection process is greatly appreciated. Should you need additional information regarding this notice, please contact me at your convenience. Cordially, i Chenyu Alex Liu Purchasing Manager Phone: (575) 541-2527 Fax: (575) 541-2515 E-mail: cliu@las-cruces.org Pagel of 2 PROPOSAL EVALUATION REPORT Agenda Global Suzanne Michaels Communications RFP Title:Utilities Public Relations Consulting Services POINTS POINTS RFP No. 19-20-049 Preferences NM Resident Preference(Yes or No) Yes No IF"YES",ADD TOTAL POINTS POSSIBLE X .05 5 0 Local Preference(Yes or No) No Yes IF"YES",ADD TOTAL POINTS POSSIBLE X .05 0 5 TOTAL POINTS FOR PREFERENCE 5 5 CRITERIA AND TOTAL POINTS POSSIBLE 1, Experience,qualifications/competence 25 18.60 22.00 2.Capacity and capability of the firm 25 %00 18.40 3.Performance of the firm with previous clients 25 19.40 24.00 4.Technical approach to the PR services 15 13.00 12.20 5.Management structure and approach to PR 10 7.60 7.20 RATING SHEET RAW SCORES 100 74.60 83.80 Preference Points 5 5 Final Score wl Preferences 8o 89 Interview Points TOTAL POINTS 80 89 Page 2 of 2 City of Las Cruces' 19-2°-0 Utilities PR Services PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into on this 2L day of February, 2020 by and between the City of Las Cruces, New Mexico, hereinafter called "CITY" and Suzanne Michaels DBA Suzanne Michaels Communications, of 701 Indian Hollow Rd #10, Las Cruces, NM 88011, hereinafter called "CONTRACTOR". 1. PROJECT DESCRIPTION Public relations consulting services to promote Las Cruces Utilities (LCU) including, but not limited to community outreach and informing citizens about the services provided by LCU. Contractor shall help to educate the community about safety and environmental issues, and upcoming workshops by writing and publishing articles on behalf of LCU. Contractor shall assist LCU in the development of annual reports, as well as developing radio, video, billboard, and other forms of advertisement. Contractor shall assist in the development of media surveys, brochures, direct mail literature, door hanger notifications, and website content to ensure uniform and consistent messaging in the look and feel of all LCU information. Contractor shall attend special events for the purposes of photographing, interviewing attendees at the event, and then writing and publishing related articles. Contractor representative(s) shall also attend scheduled meetings for the purpose of providing updates to the LCU Director and staff on community outreach projects and/or to gather information to write and publish related articles. 2. SCOPE OF SERVICES In a satisfactory and proper manner, the CONTRACTOR shall perform SERVICES, as proposed in response to the CITY'S RFP No.19-20-049, as set forth in Exhibit A, attached hereto and made a part of this Agreement. 3. APPROPRIATIONS The terms of this Agreement are contingent on sufficient appropriations and authorization being made by the City Council for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the City Council, this Agreement shall terminate upon written notice given by the CITY to CONTRACTOR. The CITY'S decision as to whether sufficient appropriations and authorizations exist shall be accepted by CONTRACTOR and shall be final. 4. COMPENSATION, The CITY shall compensate CONTRACTOR for the performance of SERVICES under this Agreement an amount not to exceed $75,000.00, plus applicable taxes. CONTRACTOR shall perform the SERVICES upon receipt of a purchase order or written Notice to Proceed from the CITY. The CITY cannot authorize costs to be incurred prior to such written Notice to Proceed. CONTRACTOR is responsible for payment of State of New Mexico Gross Receipts Tax levied on the amounts payable under this Agreement. CONTRACTOR agrees to comply Page 1 of 8 19-20-049 Utilities PR Services with all federal and state tax payments and report all items of gross receipts as income from the operations of its business. 5. DEVOTION OF ADEQUATE TIME CONTRACTOR will devote the necessary hours each week to the performance of projects that are required by the CITY and it will serve the CITY diligently and faithfully, and according to its best ability in all respects and will promote the best interests of the CITY. 6. TERM AND SCHEDULE This Agreement shall become effective on date of award for a term of one year and, pending mutual written agreement, may be extended annually thereafter for up to three (3)additional one (1)year terms. CONTRACTOR shall perform the SERVICES in accordance with the time set forth as agreed upon by the CITY and CONTRACTOR. 7. EXTENSIONS, CHANGES, AND AMENDMENTS This Agreement shall not be extended, changed, or amended except by instrument in writing executed by the parties. The CITY shall not be liable for payment of any extra services nor shall CONTRACTOR be obligated to perform any extra services except upon such written agreement. Such written approval shall indicate the date said extension, change, or amendment is effective and shall be signed by the parties to this Agreement. In the event that the parties cannot reach agreement as to a particular change, the issue shall be resolved pursuant to Article 21. 8. CHANGES AND EXTRA SERVICES BY THE CITY The CITY may make changes within the general scope of the SERVICES plus may also request CONTRACTOR to perform other extra services not incorporated within the Services set forth in this Agreement. If the CONTRACTOR is of the opinion that such change causes an increase or decrease in the cost and/or the time required for performing the changes or other services required by the City, CONTRACTOR shall so notify the CITY of that fact within five (5) business work days from the date of receipt of change by the CITY. The CITY shall provide written response to the CONTRACTOR within five (5) business work days from the date of receipt of CONTRACTOR'S written notification. 9. CHANGES AND EXTRA SERVICES BY THE CONTRACTOR In the event a condition is identified by the CONTRACTOR which, in the opinion of the CONTRACTOR, changes the services, costs, and/or time required for performance under this Agreement, the CONTRACTOR shall provide written notification to the CITY within five (5) business work days of such identification. The CITY shall respond in writing to such notification within five (5) business work days from the date of receipt of CONTRACTOR'S notification. 10. DELAYS Page 2 of 8 19-20-049 Utilities PR Services In the event that performance of SERVICES is delayed by causes beyond reasonable control of CONTRACTOR, and without the fault or negligence of CONTRACTOR, the time and total compensation for the performance of the SERVICES may be equitably adjusted by written agreement to reflect the extent of such delay. CONTRACTOR shall provide the CITY with written notice of delay pursuant to Article 9 including therein a description of the delay and the steps contemplated or actually taken by CONTRACTOR to mitigate the effect of such delay. The CITY will make the final determination as to reasonableness of delays. 11. TERMINATION This Agreement may be terminated by either party hereto upon fifteen (15) calendar days written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. This Agreement may also be terminated by the CITY for its convenience or because the PROJECT has been permanently abandoned, but only upon fifteen (15) calendar days written notice to CONTRACTOR. In the event of termination, CONTRACTOR shall be compensated for all services performed and costs incurred up to the effective date of termination for which CONTRACTOR has not been previously compensated. Upon receipt of notice of termination from the CITY, CONTRACTOR shall discontinue the SERVICES unless otherwise directed and upon final payment from the CITY deliver to the CITY the required number of copies of all data, drawings, reports, estimates, summaries, and such other information and materials as may have been accumulated by CONTRACTOR in the performance of this Agreement, whether completed or in process. 12. RECORDS AND AUDITS CONTRACTOR will maintain records indicating dates, length of time, and services rendered. The CITY has the right to audit billings both before and after payment, and contest any billing or portion thereof. Payment under this Agreement does not foreclose the CITY'S right to recover excessive or illegal payments. 13. DISCLOSURE AND OWNERSHIP OF DOCUMENTS, PRODUCTS, DESIGN, ELECTRONIC FILES All technical data, electronic files, and other written and oral information not in the public domain or not previously known, and all information, electronic files, and data obtained, developed, or supplied by the CITY will be kept confidential and CONTRACTOR will not disclose to any other party, directly or indirectly, without the CITY'S prior written consent unless required by lawful order. All technical data, electronic files, products developed, operational parameters, blueprints, and other information and work of the CONTRACTOR shall be the sole property of the CITY and shall be delivered to the CITY when requested and at the end of the Agreement. Page 3 of 8 19-20-049 Utilities PR Services 14. INDEPENDENT CONTRACTOR CONTRACTOR represents that it has, or will secure, at its own expense, all personnel required in performing the SERVICES under this Agreement. Such personnel shall not be employees of, nor have any contractual relationship with the CITY. CONTRACTOR, consistent with its status as an independent contractor, further agrees that its personnel will not hold themselves out as, nor claim to be officers or employees of the CITY by reason of this Agreement. To the extent that CONTRACTOR employs any employees, CONTRACTOR shall be solely responsible for providing its own form of insurance for its employees and in no event shall CONTRACTOR's employees be covered under any policy of the CITY. CONTRACTOR'S retention hereunder is not exclusive. Subject to the terms and provisions of this Agreement: (i) CONTRACTOR is able, during the Term hereof, to perform services for other parties; and (ii) CONTRACTOR may perform for its own account other professional services outside the scope of this Agreement. CONTRACTOR is and shall be an Independent Contractor and shall be responsible for the management of its business affairs. In the performance of the work under this Agreement, CONTRACTOR will at all times be acting and performing as an Independent Contractor, as that term is understood for federal and state law purposes, and not as an employee of the CITY. Without limitation upon the foregoing, CONTRACTOR shall not accrue sick leave, jury duty pay, retirement, insurance, bonding, welfare benefits, or any other benefits, which may or may not be afforded employees of the CITY. CONTRACTOR will not be treated as an employee for purposes of: Workers' Compensation benefits; the Federal Unemployment Tax Act; Social Security; other payroll taxes, federal or any state income tax withholding; or the employee benefit provisions described in the Internal Revenue Code of 1986, as amended. Neither the CITY, nor its agents or representatives, shall have the right to control or direct the manner, details or means by which CONTRACTOR accomplishes and performs its services. Nevertheless, CONTRACTOR shall be bound to fulfill the duties and responsibilities contained in the Agreement. 15. NO JOINT VENTURE OR PARTNERSHIP Nothing contained in this Agreement shall create any partnership, association, joint venture, fiduciary or agency relationship between CONTRACTOR and CITY. Except as otherwise specifically set forth herein, neither CONTRACTOR nor CITY shall be authorized or empowered to make any representation or commitment or to perform any act which shall be binding on the other unless expressly authorized or empowered in writing. 16. ASSIGNMENT CONTRACTOR shall perform all the services under this Agreement and shall not assign any interest in this Agreement or transfer any interest in same or assign any claims for Page 4 of 8 19-20-049 Utilities PR Services money due or to become due under this Agreement without the prior written consent of the CITY. 17. INSURANCE CONTRACTOR shall obtain and maintain insurance at its own cost and expense during the life of this Agreement, and shall require Subcontractors, if any, to maintain during the life of his subcontract: a. Professional Liability: $1,000,000 per claim CONTRACTOR shall furnish the CITY with a certificate(s) of insurance showing CONTRACTOR and Subcontractors, if any, have complied with this Article. The CONTRACTOR shall provide insurance certificates before work is to start on the project and shall provide the CITY thirty (30) days written notification of cancellation of such policies. 18. INDEMNITY AND LIMITATION CONTRACTOR shall indemnify, defend, and hold harmless the CITY from and against any and all claims, suits, actions, judgments, demands, losses, costs, expenses, damages, and liability caused solely by, resulting solely from, or arising solely out of the negligent acts, errors, or omissions of CONTRACTOR, its officers, employees, agents, or representatives in the performance of SERVICES under this agreement. 19. APPLICABLE LAW This Agreement and the rights and obligations of the parties shall be governed by and construed by the laws of the State of New Mexico applicable to Agreements between New Mexico parties made and performed in that state, without regard to conflicts of law principles. Venue shall be in the Third Judicial District, State of New Mexico. CONTRACTOR shall abide and be governed by all applicable state law, CITY ordinances, and laws regarding the CONTRACTOR'S services or any work done pursuant to this Agreement. 20. BREACH In the event CONTRACTOR breaches any obligation contained in this Agreement, prior to instituting any action or dispute resolution procedure, the CITY shall give CONTRACTOR written notice of such breach. In the event CONTRACTOR fails to remedy the breach within five (5) working days of receiving such written notice, the CITY, at its sole discretion, without any obligation to do so and in addition to other remedies available under applicable law, may remedy CONTRACTOR'S breach and recover any and all costs and expenses in so doing from CONTRACTOR. 21, DISPUTE RESOLUTION In the event that a dispute arises between CITY and CONTRACTOR under this Agreement or as a result of breach of this Agreement, the parties agree to act in good faith to attempt to resolve the dispute. Page 5 of 8 19-20-049 Utilities PR Services 22. NOTIFICATION All notices required or permitted under this Agreement shall be in writing and shall be deemed sufficiently served if served by Registered Mail addressed as follows: TO CITY: City of Las Cruces PO Box 20000 Las Cruces, NM 88004 ATTENTION: Alma Ruiz With Copies to: City Attorney Purchasing Manager TO CONTRACTOR: Suzanne Michaels DBA Suzanne Michaels Communications 701 Indian Hollow Rd#10 Las Cruces, NM 88011 ATTENTION: Suzanne Michaels 23. SCOPE OF AGREEMENT This Agreement incorporates all of the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof and that all such covenants, agreements, and understandings have been merged into this written agreement. No prior agreement or understanding verbal or otherwise of the parties or their agents shall be valid or enforceable unless embodied in this agreement. SUZANNE MICHAELS CITY OF LAS CRUCES COMMUNICATIONS BY: /j7n !3uzanne Michaels Chenyu "Alex' Liu f Principal/Owner Purchasing Manager _. 2 - �� /;vIV Date Date / ' APPROVED AS TO FORM City Attorney Pagc 6 of 8 19-20-049 Utilities PR Services EXHIBIT SERVICES Public relations and marketing opportunities for LCU may include any or all of the following approaches, subject to budget appropriation and approval of the Utilities Director: a. Strategic marketing and communication processes are developed during monthly public relations meetings with the Utilities director to engage and connect with Las Cruces residents. b. Contractor shall develop articles for approval by LCU associates, deputy directors and finally the Utilities director prior to being submitted to local newspapers for publication. C. Contractor shall submit weekly articles for newspaper publication providing a unique platform for public outreach that connects LCU with residential and business customers. Articles helps engage and inform residents and businesses customers about LCU's lines of business: gas, water, wastewater and solid waste services. Information about safety and environmental issues is paramount in this outreach effort. d. With direction and approval of the Utilities director, press releases and Facebook postings are drafted by Contractor, approved by LCU and forwarded to the City's Public Information Office for distribution to all regional media outlets. e. Billing inserts, brochures, direct mail pieces and doorhangers: As directed by the Utilities Director, Contractor shall draft text, takes photos, and coordinates with the city's graphic artist and translator. Once approved by LCU, the print product shall be forwarded for printing and distribution. f. Contractor shall serve as public relations advisor and consultant to the LCU, discussions shall take place during monthly public relations meeting. g. Contractor is available to act as emcee or spokesperson on behalf of LCU for presentations to civic organizations, Neighborhood Associations, school groups, virtually any interested parties on behalf of LCU. h. Pending budget appropriations and the the needs of the LCU Director, Contractor is available to develop additional outreach tools such as videos, radio ads, and ads in movie theaters. Page 7 of 8 19-20-049 Utilities PR Services i. Attendance at meetings and/or events requiring travel, will be accomplished through the use of Contractor's personal business vehicle. Cost of Services Item Description: Public Relations Consulting Services Estimated Unit Annual Price Quantity 1. DIRECT COSTS: 950 hours $99/hour Per hour billing for all services. Contractor only carries out tasks as directed and approved by the Utilities director. Tasks include, but are not limited to, coordinating with LCU associates and administrators to produce text and photos for newspaper articles which help educate the public about the utility services provided by LCU, safety issues, and environmental issues. Produce Public Outreach Newsletters, other reports, the LCU Annual Report, Calendar, Customer Survey, photography for other Utilities projects; voice over recording as requested; on camera recording and video development; assisting with development of bus wraps, billboards, print ads, movie theater ads, radio ads and underwriting messages; public speaking. Attending meetings as requested to provide Public Relations input, coordinating with the city's Public Information Office and graphic artist regarding projects as assigned. LCU will ONLY be billed for actual work performed and time traveled. Page 8 of 8 ----�q I DATE(UUIDDIYYYY) CERTIFICATE OF LIABILITY ITY INSURANCE i 6aro7f101a. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOTAFFtRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.T141S CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT$cTWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. f IMPORTANT: if tho certificate holder Is an ADDITIONAL INSURED, the policy(ies)must be endorsed.If SUBROGATIONIS WAIVED, I subjfect to clam terms and Conditions of lire policy,cerY,-in policies may require an endursemenL A statement on this certHlrate does not ! corder rights to the carHticate holder In Ilou of Guch endorsement(s� _ PRODUCER CONTAC'r USAAItvSURANCL AGENCY lNC7PHS PHONEE_ (865)242-1430 Fax (888)443-8ii2 66812345 (Arc.No,Er): t>+�.xo): The Hanford Dusinrss Servic;o Center _ 3600 Wiseman Blvd H4+u4. San Antonio,TX 78265 Anw'Z ss:. ---- NIGURCR(Sl APFORDIF15 COVERAGE kAIC ukEUREO -� 446URFR A: Twin City Fire Insurance(01TIpaRy 2J459 SUZANNE MICHAELS DBA SUZANNE MICHAELS COMMUNICA INSURER 1 _ 701 INDIAN HOLLOW RD APT 10 INSURER C LAS CRUCES NM 80011-8667 —� 1NBURER D: INSUREHE: ^- COVERAGES CERt1FtCAti NUMBER: RE ismN NUMBER_ THIS IS TO CERTIFY THAT 7HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR TIIE.POLICY PERIOD o INDICATED.NOTWITHSTANOING ANY REOUIRFMENT,TERRA ON CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS � CEIRTIFICATE MAY BE ISSUED OR MAY PEMAIN. THE INSURA?Kai AFFORDED BY THE- POLICIES UESCRISED HERrIN IS SUBJECT TO ALL THE TERT_,1S,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIIv1(I S 5R0%TN MAY HAVE B«N AliDUCED DY PAID CLAILIS. I IILs WOOL SUDR POLICY E�POUCY Erp U61[T"e 'tYPE OF INSURANCE POLICYNUSIZER _ 1..L i 1NSR IY>2.I�._ _. �inlnnrrvX11 qDaYYYI MAIMEnCIAL GENERAL UM11 ITY —I!-C..(1RRENCC DAMAGETOf E_6 51,000,t)00 CLntMS•lAAOEat%:CUfC $j.0W0UU P ! ^ISJLtH - X General Vability htEDEXP(My—penonl $10,000 A 65SEIMN25473 0910512019 1 Ogt0512020 PF.'RSONILaADVINJURY S1.ow.000 j ) CC NCIULACC7L'GA'R: 52,(XYj•(jLxj — QUCLAAXACCA7CUm11AVNIE'Pk� - - --- - POUCY pRO' �-;�LID.. ( PRODUCTS-COUPMPAGG 52.000,000 I( AUT051091LE LIADILnY --- COAtISNiLO S1�CLE ULtIY • ANY AUTO BODILY W)URY tPur pawn) = ALLOWNED LCIICOULGU DOWLY UDURY IP.fuC" "Q — AUTOS __ - RIM 1 tO4.04YNEU PIkOPER7Y DAMAGE�4 II AU1b5 AUT09 (Perexi•Jane ,. UMBRELLA I,IAA OCCUR LACII CCxVRRCNCC EACE36 LIAU CLAIMS. ( AGGMG;'TE ED, ncrr1- AN Su :Ys:RRFR6 coraPENsarrONAND G:IPLOYENS'LIADILITY 5T U ANV YIN E.L.EACH ACCIUMIrr :'(ICA4U;rpnAP;,Rt1vC;RrecXF.^.U!ntC C.L WGEASt•EA£rdP;OCY orncLR^,iru,!DEH,EYCLuzE11? 1 -- (uandotory I.NNl It 11 Yoe.ocwc o under LL DISEASE•POLICY WdR SR' IP I 4 OF S i­ Ead1 Claim Limit $10,000 A LIABILITY EMPLOYMENT PRACTICES 65 SDM N"FrC73 09T05J7.019 0910512020 A9gregat3 Limit $IO,tX)0 _ _ t DESCRIPTION OF OPERA DONS ALOCATiONS/VENMES(ACORD 161.AdditlaMl PAInarhs SChadula,may ha a1Grch.0'J moru Spam h:requited} )Those usual!O IIIC Irlsured's Oparaliuns. — •. _..__ - -^'--•--- Ettl•IFIC_ATE HOLDER CANCELL-11TION L)Ii'Y OF LAS CRUCES SHOULD ANY OF THE ABOIfS OESCRiBCD POLICIES BE CANCELLED PO DOX2000 BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED C LAS CRUCES NM t18oDd IN ACCORDANCE WITH THE POLICY PROVISIONS. I AUINORItED REPRESENTATIVE 1 dttv�11 elf L C1Gl� — p 1988.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and toga are registered marks of ACORD AC R V DATE(MMMOIrm) CERTIFICATE OF LIABILITY INSURANCE F119/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed_ If SUBROGATION IS WAIVED,subject to the terns and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERTourtillott Insurance Agency CON Sandy Tourtillott 2263 S Main PHONe 575 647-1920 FAX 575-541-36fi2 Las Cruces NM 8$005 A( ,No. E-MAIL DDRESS:sandy@tourtilloffinsurance.com A INSURERS)AFFORLHNG COVERAGE NAM It INSURERA:ACE Fire Underwriters Insurance Co 20702 INSURED Suzanne Michaels Communications INSURER B: 701 Indian Hallow Rd 910 Las Cruces NM 88011 04SURERc; INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_LIMITS SHOV4N MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSR' _ .._.. _ _. ... IADOLSUBRI ... ... 4POLICY EEF S POLICY EXP LTR TYPE OF INSURANCE POLICY NUMBER MMIDD I(MMMONYM LIMITS COMMERCIALGENERALLtA UTYIFIL ; EACI-iOCCURRENCE 1 S1,000,000 eLA MS-M,-DE F occuR i ,DAMAGE En�i1SEs0(Ea�om�roe) S A ✓ Errors&Omissions Liability �EONNMF1517311542 01/0712020 �0110712021 �rED ExP tAry«z�elsor) jg I PERSONAL&ADV INJURY :S GEtN'L AGGREGATE UNLIT APPLIES PER- .. � I � GENERAL AGGREGATE ,S 1,000,000 PRO- POLICY r ZC LOC j PRODUCTS-COMPiOY AGG is OTHE.4' S BODILY INJURY(_ r ) AUTOMOBILELIABILITY I i COfEa BIKE xl i.S .._ ANY AUTO BODILY INJURY(Per co:Cer" S COMBINED SINGLE LIFr T S OVAIIIED SCHEDULED 1 AUTOS C1NLY AUTOS I ( '?S HIRED AUTOS ONLY AUTOS ONLYi PROPERTY DAMAGE ... . is (Per ati em) is UMBRELLA LIAR OCCUR j EACHOCCURRENCE is EXCESS LIAB.. CLAJMS-SdADE AGGREGATE i.5 . DED RETENTIONS i 5 LWORKERS COMPENSATION PER TH- ! AND EMPLOYERS'LIABILITY STAFUTE ER i YIN ANYFROPRiETOR'PAR—,NERiEXECUTIVE OFFICERVENIBER EXCLUDED? (NSA E.l EACH ACCIDENT $ (Mandatory In NNI E.L.DISEASE-EA ENIPLOYEJ S It yyam�,,dewtibe,,der _ DESCRIPTEONN OF OPERATIONS bekrrr E.L.DISEASE-POLICY LIMIT S I t Doi i i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101.Additional Remarks Schedule,maybe attached if more space Is required) hose usual to the Insured's Operations. Insured also means any client or customer of the Named Insured,but only If a written contract entered Into by the Named Insured specifically requires that such client or customer be added as an additional Insured for professional Liability or errors and omissions insurance and only for Claims(i)first made on or after the effective date of this endorsement and(ii)for vicarious or imputed liability of such client or customer which results from Wrongful Acts committed solely by the Named Insured. Form PF49806,attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Las Cruces PO Box 20000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE Las Cruces,NM 88004 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD TOURTILLOTT INS AGCY A AWRE YE' 2263 S MAIN CO,S�rSfERC/RL LAS CRUCES,NM 88005 669?07 293 2 AB 0 412 PPACA07Y 004 000293 Named insured Policy number: 02186971-6 Underwritten by: United finandai Casually Con'pany SUZANNE MICHAELS April 5,2019 SUZANNE MICHAELS COMMUNIC Policy PeriM-May1,2019-May 1.2020 701 INDIAN WLLOW 10 Page 1 of 3 LAS CRUCES,NM 88011 progressiveagent.com Iililltr=1.rrt1111hrrlltliln.11lltltlhh�Ihltill �htll Online Service Matte payments,check,billing activity,print policy documents,cr shed:the status of a Cornmercia[ l'Alu$o Clain. 1-575.647.1920 Insurance Coverage Summary TOURTILLOTT INS AGCY Contact your agenl for pwso-Azed sense. This is year revised Renewal 1-800-444-4487 Declarations Page for Customer selviceitywir agent is unavailable or to report a claim. 'foils coverage begins on May 1,2019 at 12:01 a,m. phis polio/expires on May 1.2020 at 12:01 a.m. This coverage summary mplaces yuuj prior one.Your insurance po!icy and any policy endarsements contain a full explanation of your coverage.The peficy limits shount for an auto may not be-combined voth tN limits for the same coveiape on anotiwr auto,unless tht,. policy contract allows the start irg of hmits.The policy contract is form 6912(06/10).The contract is modified by forms 2852NIU (10/10),4757(08iO4),1198(01n14),5701(02/11),Z313(D5/0-1),4852NM (12/04),4881NM (12104)and Z228(0191). The contract is modified by fotm 2702 NM if the limits of Uninsured Mototist coverage appearing below are less than the limits of Liability,10 Others civet.,1e or if L1rir*ured Motonsi coypr7g2 is rzjvted entirely. the ramnd insured organization type is a sole proprietorship. YOU HAVE REJECTED THE OPTION TO PURCHASE UNINSURED/UNDERINSURED MOTORIST COVERAGE FOR BODILY INJURY AND PROPERTY DAMAGE IN AN AMOUNT EQUAL TO THE LIMITS OF BODILY INJURY AND PROPERTY DAMAGE LIABILITY COVERAGE THAT YOU HAVE PURCHASED. krm 6489111.1107)12) CaAiM�ed Policyoomhet: DD8697|.6 S004EwICHAELS Page of 3 Outline mfcoverage Pv/( �ve(con, --�y-_---'��e---'�---.'--- -u�?--- ' ' . �«mo�m Un�m'edMom�tUmn�k� t|OO�U8�����"A300,000 each accident '--'---'--'--^--------'--' bodily inicty ---.� -------' ---_--'--�. `�^.---.--------.,-.- ' . . -----.-- ~~~~~~-=°' Property %B xuL |tD[�T�NTD.PUV[N�EUN��UR 0UN080N5GRB)�3R�8J�n�o4e`��84i�0�--'|-------'-'--- Tm��idcykod�we�Qe ------------------............................ .........-............ $413 Summary level coverage ur�, mmuctio »emin ...............-' .......... ..'.'���������� i��kyTaO�eo ----------------'--------- $489 ..midily Inory andPiopnly.uamage Liability %1,0U0,0QUcombined single limit ___IlOOOe�h���m________________________8 � /72 .—See Auto Coveraqe Schedule _________ of dm��Mo o�omon --------------''-------- � �� of deductible Rvv�k��a�a�e ----------------'^-----------------^--------- |V See A�Coverage Schedule xu �vvw�g�------------------------------------------' `~~~' ^^ $1,053 Subtotal policy _________________________ ___ � �1�6s �m .......- 60 ����--� - - ----� -------------_-_---_-----__.--�� Rated driver ---- .... ........ ............. ............................. ......... ..... ---------- --^� " 7. SU�NNENo{HAEL3 ------------- Auto coverage schedule � 2015Tnyota Corolla xuual Cash Value (phis$2,VnV.0V Permanently Attached[quo) u � VW: 5Yf8UnHE8R3623G4 Garaging Zip Code: $80/7 Radius: 0 ~ � UabU�v y��� ���� � Premium 3480 � -'$ZJ --`--'----------------------------------' ---' Camp_ cmp umu* aammi Physical Damage Deoiwwle a*�o" o"�mu numu Premiom -----'---'---------' -------------.------......................... g0O �R7 g6O 0B � Rw&* Roadside Other Coverage omit m�� w�mm Premium -- .''-�-----.-- ----'----''�-'--.'------'''.'---------'' ' �*�m� *6 ' ----- ����a' Premium discounts polq ____...................... _________.__ ___________._ . ___________ .......... 021o6971-5 Business Experience,Paid fn Full and Package Loss Payee information '�-�---.-.''--'�-----.---------------^'-'^~^-----.-'.- '.. '- .� � *mm � F��U���U ------ PO8OX2u90i[iPASU TX79914 2015 Toyota Cmol|a(5YFB(JRH0FP367304) 2263 S UAIN INS ACCY p WAMMIMF 2263 S MAIN . B" 8�' LAS CRUCES,NM 88005 COd1A16RC/,4L Policy number: 02186971.6 Underwnuen by: SUZANNE MICHAELS United Financial Casualty Company SUZANNE MICHAELS COMMUNiC rnsured_ 701 INMAN HOLLOW 10 SUTANNE MICHAF.iS LAS CRUCES,NM 88011 April 5,2019 Policy Period:May 1,2019-May I,2010 Mailing Address Additional Financial casaalty Company Additional insured en clorsement Cfeeveland.OH44101 NaaMe Of Person or Organization 1-800-444-4487 for Custvmerse+vice,24 hours a dap, CITY OF IAS CRUCES 7 day}a om-k PO Box 200f10 LAS CRUCES,NM 88004 The person or organization named above is an insured with tespect to such liability coverage as is afforded by the policy,bur Ihis insurance applies to said insured only as a petson liable for the conduct of another insured and(lien only to the extent of that liability. We also agree with you that insurance provided by this endorsement tisiifl he prinialy for any power unit sped ically described on the Declarations Page. Limit of Liability Bodily injury Not applicable Property Damage Not applicable Combined Liability $1,000,000 each accident All other terms,limits and provisions of this policy remain unchanged. this endorsement applies to Policy Numbet:02186971-6 issued to(Flame of Insured):SUZANNE MICHAELS SUZANNE MICHAELS COMMUNIC Effective date of endorsement,05/01/2019 Policy expiralion date:05/011207,0 Faun 1192r01:0J1 tA INS AGCY 2263 S MAIN PR 94 fl ffillf LAS CRUCES,NM 88005 CON41ERC/AL Policy number: 02186971.6 Undeimilcen by: 5UZANNE MICHAELS United financial casually Company SUZANNE MICHAELS COMMUNIC itu,ted; 701 INDIAN HOLLOW 10 SU7ANt4E MKIWI5 LAS CRUCES,NM 88011 Aixil 5,2019 Poixy Period:May 1,2019•May 1.2020 Mailing Address United financial Cawaily Comps iy PU 6ox 94739 Additional insured endorsement Clesreland.0114410i 1-800-4444487 Name of Person or Organization rorcustomerservice,24Ivuisaday, SCSWA 7 days a week 2865 W AivtADOR LAS CRUCES,NM 88005 The person or organization named above is an insured with respect to such liability coverage as is af(olded by the policy,but this insurance applies to said insured only as a person liable for the conduct of another insured and then only to the Extent of Illat liability. We also agree with you that insurance provided by this endorsement will be pritnaiy for any power unit specifically described on the Declarations Page. Limit of Liability Bodily Injury Not applicable, Property Damage Not applicable Combined Liability S1,000,000 each accident All other terms,limits and provisions of this policy remain unchanged. This endorsement applies to Policy Number:02 186971-6 Issued to(Name of Insured):SUZANNE MICHAELS SUZANNE iICHAELS COMir1UNIC Effective date of endorsement:0510112019 Policy e7pilation date:OW112020 iGn 1198 01,011 Alma Ruiz From: Jennifer Vega-Brown Sent: Thursday,July 9, 2020 2:32 PM To: Alma Ruiz Cc: Robert Cabello;Jocelyn Garrison Subject: RE: Assignment of Contract for Suzanne Michaels Thank you Alma, please let me know if you need anything from us. Jennifer Vega-Brown City Attorney City of Las Cruces Legal Dept. Main:(575) 541-2128 jvega-brown Cdlas-cruces.org City of Las Cruces, This message is from a legal office and is confidential and/or attorney client privileged. If you receive a copy of this email in error please delete it, retain no copies, and call our office immediately (575) 541-2128. From:Alma Ruiz<aruiz@las-cruces.org> Sent:Thursday,July 9, 2020 2:22 PM To:Jennifer Vega-Brown <jvega-brown@las-cruces.org>; Marcy Driggers<marcyd@las-cruces.org> Cc: Robert Cabello<rcabello@las-cruces.org>;Jocelyn Garrison <jgarrison@las-cruces.org>;Jorge Garcia<jogarcia@las- cruces.org>; Delilah Walsh <dwalsh@las-cruces.org> Subject: RE: Assignment of Contract for Suzanne Michaels Thank you. We'll send up to CM for their decision. Best regards, Alma Ruiz Office Manager Senior/Las Cruces Utilities/Administration Direct: 575-528-3636 Main: 575-528-3500, aruiz(aolas-cruces.org lslw City of Las Cruces From:Jennifer Vega-Brown <ivega-brown@las-cruces.org> Sent:Thursday,July 9, 2020 2:04 PM To: Marcy Driggers<marcyd@las-cruces.org> Cc:Alma Ruiz<aruiz@las-cruces.org>; Robert Cabello<rcabello@las-cruces.org>;Jocelyn Garrison <igarrison@las- cruces.org> Subject: RE:Assignment of Contract for Suzanne Michaels This is a city manager question I think.They should send it to the CM office. Jennifer Vega-Brown City Attorney City of Las Cruces Legal Dept. Main:(575) 541-2128 jvega-brown(a)las-cruces.org City of Las Cruces, This message is from a legal office and is confidential and/or attorney client privileged. If you receive a copy of this email in error please delete it, retain no copies, and call our office immediately(575) 541-2128. From: Marcy Driggers<marcvd@las-cruces.org> Sent:Thursday,July 9, 2020 2:00 PM To:Jennifer Vega-Brown<ivega-brown@las-cruces.org> Cc:Alma Ruiz<aruiz@las-cruces.org>; Robert Cabello<rcabello@las-cruces.org>;Jocelyn Garrison <iarrison@las- cruces.or > Subject: FW: Assignment of Contract for Suzanne Michaels I didn't know who you would want working on this assignment question. Jocelyn because it's a contract question or Rob because it's a utility matter? Suzanne Michaels is shutting down her business d/b/a Suzanne Michaels Communications and moving out of state, and wants to assign the attached PSA with City permission to Cassie McClure who has worked with Suzanne for years on Utilities Dept. matters. You have seen their joint articles in papers almost weekly. Alma sought Purchasing's approval to the assignment as provided in PSA Paragraph 16 but Purchasing said that was something that Legal would have to approve. Alma may not know why Purchasing wants Legal approval. Purchasing may be concerned that the attached Board Resolution awarded the public relations contract to 2 entities—75%of the funding to Suzanne and 25%of the funding to Agenda LLC of Albuquerque so why approve an assignment if the other company can do the work. However the other company only got 25%of the award and JU may have considered using its services for separate specific work. Clearly the PSA provides for assignment but the City has to approve it so what is the approval criteria? Here the Utilities Dept wants the PSA assigned to Cassie because they know the quality of her work and she is a vendor in our system having done separate work for the City's Fire Dept. under her business McClure Publications which I assume is another sole proprietorship. From:Alma Ruiz<aruiz@las-cruces.org> Sent:Thursday,July 9, 2020 12:01 PM To: Marcy Driggers<marcydC@las-cruces.or > Subject: Assignment of Contract for Suzanne Michaels FYI - Best regards, Alma Ruiz Office Manager Senior/Las Cruces Utilities/Administration Direct: 575-528-3636 Main: 575-528-3500, aruizCa las-cruces.org -�City of Las Cruces 2 City of Las Cruces, NM City of Las Cruces® MOUNTAINS OF OPPORTUNITY G/L ACCOUNT - MASTER INQUIRY Org code: 50734001 CUSTOMER OUTREACH Type: E Object code: 721070 PROFESSIONAL/TECHNICAL SERVICE Status: A Project code: Budgetary: Y Fund 5100 UTILITIES SHARED SERVICES DIVSION 30 CITY MANAGER OFFICE DEPARTMENT 340 UTILITIES SECTION 0734 COMMUNITY ENGAGEMENT SUBSECTION 0734A CUSTOMER OUTREACH MISC 0000 NONGRANT OPEN 00 undefined FUNCTION 00 NONFUNCTION Full description: PROFESSIONAL/TECHNICAL SERVICE Short desc: PROFESSION Reference Acct: Auto-encumber? (Y/N) N --------- CURRENT YEAR MONTHLY AMOUNTS ---------- PER ACTUAL ENCUMBRANCE BUD TRANSFER BUDGET 00 .00 .00 .00 .00 01 .00 17,000.00 -10,000.00 100,000.00 02 .00 .00 .00 .00 03 .00 .00 .00 .00 04 .00 .00 .00 .00 05 .00 .00 .00 .00 06 .00 .00 .00 .00 07 .00 .00 .00 .00 08 .00 .00 .00 .00 09 .00 .00 .00 .00 10 .00 .00 .00 .00 11 .00 .00 .00 .00 12 .00 .00 .00 .00 13 .00 .00 .00 .00 Tot: .00 17,000.00 -10,000.00 100,000.00 ---------- CURRENT YEAR TOTAL AMOUNTS ----------- Actual (Memo) .00 original Budget 110,000.00 Encumbrances 17,000.00 Budget Tranfr in .00 Requisitions 25,000.00 Budget Tranfr out -10,000.00 Total 42,000.00 Carry Fwd Budget .00 Available Budget 58,000.00 Carry Fwd Bud Tfr .00 Percent Used 42.00 Revised Budget 100,000.00 Inceptn to SOY .00 Inceptn Orig Bud .00 Inceptn Revsd Bud .00 Encumb-Last Yr .00 DEPT .00 Actual-Last Yr .00 DIRECTOR 110,000.00 EStim-Actual 100,000.00 BGT OFFICE 110,000.00 .00 CITY MGR 110,000.00 COUNCIL 110,000.00 Report generated: 07/29/2020 16:15 Page 1 user: aruiz Program ID: glactinq City of Las Cruces XM MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD OF COMMISSIONERS ACTION FORM For Meeting of August 13, 2020 (Adoption Date) TITLE: A RESOLUTION APPROVING AN ASSIGNMENT OF THE UTILITIES PUBLIC RELATIONS PROFESSIONAL SERVICES AGREEMENT WITH SUZANNE MICHAELS COMMUNICATIONS TO McCLURE PUBLICATIONS FOR THE REMAINDER OF THE INITIAL ONE (1) YEAR TERM, EFFECTIVE AUGUST 16, 2020, THROUGH FEBRUARY 28, 2021. BACKGROUND: Suzanne Michaels Communications ("SMC") of Las Cruces, New Mexico, has represented Las Cruces Utilities ("LCU") as a Public Relations Consultant since 2010. On February 13, 2020, the LCU Board of Commissioners ("Board") awarded a Professional Services Agreement ("PSA") for the Public Relations Consultant under Resolution No. 19-20-049 to two vendors, one of which was SMC. The SMC PSA is for a one (1) year term, effective March 1, 2020, - February 28, 2021, in an amount not to exceed $75,000.00 including New Mexico Gross Receipts Tax ("NMGRT"). In early July 2020, Suzanne Michaels announced her plans to retire. Ms. Cassie McClure has worked for SMC for three (3) years. SMC recommends Cassie McClure of McClure Publications be assigned the remainder of the SMC PSA. Paragraph 16 of the PSA with the City of Las Cruces ("City") states that any assignment or transfer of any interest in the PSA requires the prior written consent of the City. The Assistant City Manager of Operations agreed via email to allow the assignment of the SMC PSA for the remainder of the current year's contract term. The City Manager also agreed via a Memorandum, dated July 10, 2020. Utilities staff agrees with the Assistant City Continue on additional sheets as re uired Name of Draf y\ Department: Phone: Alma Ruiz Utilities 528-3636 Account Number.7 v Amount of Expenditure: Budget Amount: 5100-50734001-721070 Remaining funding after SMC $58,000.00 final billings NTE $75 000.00 Strategic Plan Goal / Objective / Strategy Addressed: Customer Engagement/Customer Outreach. Performance Budget Goal / Objective Addressed: 85% annual survey respondents will report they know who to call or what to do when they smell natural gas and know what materials they should and should not put down their drain or flush. Department Si nature I \ Phone Department Signature Phone Utilities 528-3512 Budget 541-2300 Assistant Legal � 541-2128 City Mana er / v`!'L 541-2271 City /11�L(..l�l,K/API Manager 541-2076 LCU 5/18 Rev.4 {, '70 /7/ t 0 -0 LCU Board Action Form Page 2 Manager of Operations, in that the assignment under Section 16 of the PSA would not apply for the additional three (3) one-year renewal terms. As a result, prior to the end of the current PSA term Utilities staff will work with City Purchasing staff to procure the services of a local Public Outreach Consultant. Utilities staff recommends the LCU Board approve the assignment from SMC to McClure Publications, effective as of August 16, 2020, through February 28, 2021. SUPPORT INFORMATION: 1. LCU Resolution No. 19-20-049A. 2. Attachment "A" - City Email from Assistant City Manager of Operations, dated July 14, 2020. 3. Attachment "B" - City Memorandum to Interim City Manager, dated July 10, 2020, with associated attachments. BOARD OPTIONS: 1. VOTE "YES" -Will approve Resolution 19-20-049A, and authorize the assignment of SMC PSA for the reminder of the first-year term to McClure Publications, effective August 16, 2020, through February 28, 2021. 2. VOTE "NO" -Will reject Resolution 19-20-049A, and not authorize the assignment of SMC PSA for the reminder of the first-year term to McClure Publications. As a result, staff would require strategic guidance. (Continue on additional sheets as required) 'mlll� City of Las CrucesW ° MOUNTAINS OF OPPORTUNITY LAS CRUCES UTILITIES BOARD ACTION FORM AND RESOLUTION ROUTING SLIP The purpose of this Routing Slip will help ensure the highest quality of work is presented to the LCU Board of Commissioners for action on the Resolution. As the drafter of a Las Cruces Utilities (LCU) Board Action Form (BAF) and Resolution (RES) you are responsible to ensure all documents submitted for the Utilities Director's approval are without errors. Please identify a Utility associate to review the entire BAF/RES packet, including any Exhibits and/or Attachments; followed by your Deputy Director. The FINAL COMPLETE BAF/RES packet is required no later than 8:00am 15- working days before the Board Meeting. The additional time is required to obtain all final signatures from City Hall and create the agenda packet in order to distribute to the Board Members. For Meeting of: August 13, 2020 Resolution: 19-20-049A (Date) UTILITY STAFF REVIEWERS PRINT NAME INITIAL DATE �120 1. Drafter Alma Ruiz `k 2. Administrative Assistant Peggy Risner )5) 2. Gas Business Analyst Mario Puentes 3. City Legal Attorney Robert A. Cabello 4. Assistant Utilities Director Delilah A. Walsh � GRQ CH a WCruces LCU BAF/RES ROUTING SLIP FY20 06/2020 R2