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03-05-1998 SELECTION ADVISORY COMMITTEE MEETING LAS CRUCES, N.M. meeting of the Selection Advisory Committee was held on Thursday,March 5, 1998, in the Council Chambers, City Hall, 200 N. Church Street. MEMBERS PRESENT: Councillor John Haltom Councillor Karen Stevens Jim Ericson, Development Services Jerry Trojan,Asst. City Manager OTHERS PRESENT: Pete Connelly, Deputy City Attorney Jim Davila, Acting Purchasing Manager Klaus Kemmer, Utilities Billie-Jo Guevera,Purchasing David Aguayo, Word Processing Center Councillor Haltom called the meeting to order at 3:00 p.m 1. Review minutes from September 30, 1997, January 7, 1998, January 16, 1998, and February 6, 1998. Councillor Haltom stated there was an error on the January 16, 1998, minutes. On page two the total final ratings for The Professional Assessment Center should be 2165. MOTION: Councillor Stevens moved to approve the minutes of September 30, 1997,January 7, 1998,January 16, 1998,and February 6, 1998, as amended. Jerry Trojan seconded. Motion carried unanimously. 2. Review of SAC rules and procedures. Jerry Trojan stated he sent out a copy of the proposed changes in legislative format. The Purchasing Departme=nt gave him some additional recommended changes so he has a revised set of procedures incorporating the Purchasing Departments recommendations. Mr. Trojan asked that Jim Davila join us on part of the conversation. Councillor Haltom asked Mr. Trojan to call attention to the changes made by the Purchasing Department. Klaus Kemmer stated he had a question on the second page,number 2,"staff'. He believes for engineering services there should be some engineers on the committee to evaluate those types of projects. Mr. Kemmer stated in the past we've had consultants that have come in that are very good at making proposals to SAC and have big fancy presentations and maybe aren't exactly the best ones for a particular type of project so he would lice to recommend that some engineers sit in on those types of presentations and decisions. Councillor Haltom stated we would have a representative of the user department which could be an engineer and the director of Utilities, who is an engineer. Councillor Haltom asked Mr. Kemmer if he was suggesting that they sit down and vote. Mr. Kemmer said yes. He was recommending an increase in size only for engineering services projects. Councillor Stevens stated she thought an argument could be made for anything. An architect could say you need somebody on the committee who is an architect because they deal with them. The language is clear. It says the City Manager or their designee,the director of Utilities or their designee, Development Services or their designee. If they feel it's important when we're reviewing specific things that employ engineers they can designate their chief engineer or whoever. Councillor Stevens stated she didn't think the committee needed to be enlarged because that language addressed that. Jim Ericson stated he understands what Mr. Kemmer is saying and he thinks there is a problem. The problem is not necessarily who sits on the committee. The problem is that we're not asking the right questions to the consultants and they're not telling us who is actually going to do the work. If you take one of the larger companies the person that's doing the work is usually going to be a draftsman. Rather than change this we need to modify how we elicit information from them on whose actually going to do the work. The committee decided to leave page 2 alone. Jerry Trojan stated on page 3, section F3,this was a recommendation from the Purchasing Department. This was just to clarify that the coordinator will be doing the tallying of the scores. The committee moved their meeting to Conference Room A to accommodate a meeting already scheduled in the Council Chambers. The committee decided to have their next meeting at 9:30 a.m. on Thursday, March 18. Jerry Trojan stated it has been brought to our attention by one of the proposers for AV the mental health and substance abuse counseling services that the firm the SAC and City Council have now approved to conduct the case management on this, the firms name is Mental Health Diagnostics, is an organization which was initially registered with the Corporation Commission by Barbara Wilbanks who is also the president of the Professional Assessment Center. We have done some further checking and the response to the RFP that the company issued has two interesting pieces of information on it. One is the State identification number that they are using. We have called on that number and it has Barbara Wilbanks listed as the responsible party and, we have not confirmed this,but the address that the company uses of 2000 E. Lohman Avenue is the former address of the Professional Assessment Center and is potentially a building that is subleased to this organization by Barbara Wilbanks. Jerry Trojan stated he raised this because this is an organization which will be having the responsibility of overseeing the work product of the consulting services contractor. In the RFP itself we didn't find anything that would have prohibited this kind of a relationship. However when we were drafting the contract there is a paragraph in there that relates to conflict of interest. Paragraph"F"states that in the event that Mental Health Diagnostics believes that it has or may have a conflict of interest in carrying out its obligations under this agreement it will notify the City of the facts giving rise to this situation. The City will determine whether it is appropriate for Mental Health Diagnostics to continue to carry out its obligations with regard to this situation which determination shall be conclusive. Jerry Trojan also stated in speaking with Barbara Wilbanks she indicated that both she and Mr. Grear would be manager of Mental Health Diagnostics raised the issue of having Mental Health Diagnostics registered by Barbara Wilbanks initially they raised that issue with both Richard Hodgin and Joe Provencio and they indicated that based on their presentation she was strictly involved as registering them with the Corporation Commission. They did not think that would be a conflict as long as there was no financial relationship between the two after that point. Mr. Trojan stated he did speak with Joe Provencio and he indicated that yes they did raise that and they did not feel there should be a conflict. Mr. Trojan stated he talked to our attorney and our attorney advised him regarding the registration issue. Pete Connelly stated the mere fact that somebody creates something doesn't mean that they're ongoing. They can create it and step out of it. MOTION: Jerry Trojan moved to adjourn the meeting. Councillor Stevens seconded. Motion carried unanimously. MEETING ADJOURNED AT 4:45 P.M.