Collective_Bargaining_Consultant_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSAL

2026-RFP-002

COLLECTIVE BARGAINING CONSULTANT

City of Gallup

110 W Aztec Ave.

Gallup, NM 87305

RELEASE DATE: March 7, 2025

DEADLINE FOR QUESTIONS: March 14, 2025

RESPONSE DEADLINE: March 26, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/gallupnm

City of Gallup

REQUEST FOR PROPOSAL

Collective Bargaining Consultant

I. Advertisement for Proposals II. General Conditions

III. BACKGROUND INFORMATION & SCOPE OF WORK

IV. SCOPE OF SERVICES

V. PROPOSAL EVALUATION

VI. PROPOSAL EVALUATION CRITERIA

VII. Vendor Questionniare/Proposal Submission

Attachments:

A - GALLUP SAMPLE AGREEMENT

Request For Proposal #2026-RFP-002 Title: Collective Bargaining Consultant

1. Advertisement for Proposals

CITY OF GALLUP

Collective Bargaining Consultant CITY OF GALLUP, NEW MEXICO

REQUEST FOR PROPOSAL NO. 2026-RFP-002

1.1. Public Noltice

Public notice is hereby given that the City of Gallup, New Mexico, is accepting sealed proposals for the following:

Collective Bargaining Consultant

GALLUP, NEW MEXICO

As more particularly set out in the RFP documents, copies of which may be obtained via the City's eProcurement Portal. Copies are also available for viewing

Electronically submitted proposals shall be received via electronic bidding platform before 2:00 pm(LOCAL TIME) on or before Wednesday, March 26, 2025 where proposals will be received and recorded by the City of Gallup Purchasing Department via virtual conference/video calls or through other virtual means.

The City of Gallup has transitioned to a new e-Bid/RFP software system powered by OpenGov. All solicitations will be released electronically through OpenGov and responses from proponents must be submitted electronically through this online platform. By using OpenGov, prospective proponents will be provided with all information regarding a bid including addendums and changes to the project requirements. OpenGov is a completely free service for all respondents. Prior to submitting a proposal, respondents are required to set up their free account with OpenGov. Register your company at City's eProcurement Portal. Only ELECTRONICIALLY SUBMITTED PROPOSALS will now be accepted; system will not accept proposals submitted AFTER due date and time.

Plans, Specifications, and Proposal Documents may be examined at the office of the Purchasing

Director located at 110 West Aztec, Gallup, NM 87301, phone number (505) 863-1334.

Additional information regarding this bid may also be viewed at:

https://procurement.opengov.com/portal/gallupnm/projects/151842.

Dated: 5th of March, 2025 https://procurement.opengov.com/portal/gallupnm/projects/151842

By:/S/ By: Louis Bonaguidi , Mayor

Classified Legal Column:

Gallup Sun Publishing Date: Friday-March 7, 2025

Albuquerque Journnal Publishing Date: Sunday-March 9, 2025

2. General Conditions

2.1. PROJECT

The City of Gallup is inviting qualified providers to submit proposals to provide Collective Bargaining

Consultant in Gallup NM.

2.2. ELECTRONIC PROPOSALS

All proposal must be submitted ELECTRONICIALLY via CIty's eProcurement Portal, the City of Gallup’s electronic bid/proposal platform at https://procurement.opengov.com/portal/gallupnm prior to the time specified for the proposal opening. System will not accept proposals submitted after due date and time. Proposal must be submitted using the proposal document forms furnished by the City of

Gallup. Receipt of proposals will be acknowledged and recorded electronically in the Purchasing

Department via virtual means. Meeting information will be posted via the City's eProcurement Portal in the timeline section of this specific solicitation, via addendum or notice posted to the eProcurement

Portal.

2.3. PROPOSAL OPENING DATE AND TIME

Proposla shall be received until Wednesday, March 26, 2025 at 5:00 pm local time via the City's eProcurement Portal.

2.4. NON-DISCRIMINATION:

The City of Gallup does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in the employment or provision of services. Contractors shall be in compliance with ADA requirements.

2.5. MODIFICATIONS OR WITHDRAWAL

Proposals deposited with the City may be withdrawn or modified prior to the time set for opening of proposals via the City's eProcurement Portal. Offerors submitting proposals may be afforded an opportunity for discussion and revision after submission and prior to award for the purpose of obtaining best and final offers.

2.6. PROPOSAL OPENING

The opening of proposals shall be conducted in private to maintain the confidentiality of the contents of all proposals. Proposals will remain confidential during the negotiation process.

These documents constitute a “Request for Proposal” or RFP. It is a request for an offer. As such, it allows alternate offers or proposals to be considered and the terms and conditions may be subject to negotiations to reach best and final offers. All information requested for submittal should be included with the offer, and exceptions or alternates clearly noted.

2.7. INQUIRIES

Communications regarding this procurement, including issuance of amendments, may be conducted by electronic means via the City's eProcurement Platform. Electronic submittals of the proposal whether by fax or other electronic means are NOT acceptable; proposals shall ONLY be electronically submitted through the City's eProcurement Platform as previously stated in the General Conditions.

The only approved contact shall be with the above referenced purchasing individual via the Question/Answer process of the City's eProcurement Portal. Offerors making contact with any other City official, evaluation committee member, or other City employee regarding this RFP may be disqualified.

Offerors shall have no claim against the City for failure to obtain information made available by the City which the Offeror could have remedied through the exercise of due diligence.

2.8. AMENDMENTS:

If any questions or responses require revision to the solicitation as originally published, such revisions will be by Formal Addendum only. If the solicitation includes a contact person for technical information, Offerors are cautioned that any oral or written presentations made by this or any person that appear to change materially any portion of the solicitation shall nor be relied upon unless subsequently ratified by a Written Amendment to this solicitation issued by the Purchasing Office. For determination as to whether any representation made requires that an amendment be issued, contact the Purchasing

Office.

2.9. CONFIDENTIALITY

Offerors may request in writing non-disclosure of confidential data. Such data should accompany the proposal and be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the data.

2.10. NEGOTIATIONS:

Negotiations may be conducted with all responsible Offerors who submit proposals found to be reasonably likely to be selected for award. Offerors submitting proposals may be afforded an opportunity for discussion and revision after submission and prior to award for the purpose of obtaining best and final offers. After obtaining best and final offers, the award shall be made to the responsible

Offeror(s) whose proposals are most advantageous to the City of Gallup.

Proposals shall be evaluated on the basis of demonstrated competence and qualification for the type of service required, and based on the criteria set forth in the Request for Proposal. For purposes of conducting discussions, proposals may initially be classified as:

A. Acceptable

B. Potentially acceptable, that is, reasonably likely of being made acceptable or;

C. Unacceptable

The review committee will evaluate all proposals, determine the need for, and conduct any negotiations. Negotiations may be conducted to:

A. Promote understanding of the City’s requirements and the Offeror’s proposal.

B. Obtaining best and final offers.

C. Facilitate arrival at a contract that will be most advantageous to the City of Gallup taking into account the factors set forth in the proposal.

The City is under no obligation to conduct any negotiations or discussions with an Offeror.

The City of Gallup’s designee shall negotiate a contract with the Highest Qualified Offeror at compensation determined in writing to be fair and reasonable, taking into account the estimated value of the services and the scope, complexity and nature of the services.

Should the designee be unable to negotiate a satisfactory contract with the Offerors considered to be the most qualified at a price determined to be fair and reasonable, negotiations with that business shall be terminated. Negotiations shall then be undertaken with the second most qualified business. This process shall continue until a satisfactory contract is negotiated with a qualified business or the procurement process is terminated and a new Request for Proposal is initiated.

If the highest ranked Offeror cannot fulfill the conditions as outlined the award will go to the next highest ranked responsible Offeror whose offer was judged responsive.

This request and all attachments will be considered part of the resultant contract and/or purchase order.

2.11. TAXES

The proposal total shall exclude all applicable taxes. The City will pay any taxes due on the contract based upon billing submitted by the contractor, at the applicable tax rate. Taxes shall be shown as a separate amount on any billing or request for payment. The City of Gallup is non-taxable on tangible goods.

2.12. APPROPRIATIONS

The terms of this agreement are contingent upon sufficient monies being made available by the City of Gallup for the performance of this agreement. If sufficient appropriations and authorizations are not made by the City of Gallup, this agreement shall terminate upon written notice being given by the City to the contractor. The City’s decision as to whether sufficient appropriations are available shall be accepted by the contractor and shall be final.

2.13. MANDATORY REQUIREMENTS:

Mandatory requirements may be waived by the evaluation committee if all the otherwise responsive

Offerors failed to comply with the same mandatory requirement and the failure to do so does not otherwise materially affect the procurement. The evaluation committee shall have the right to request subsequent information from the otherwise responsive Offerors.

2.14. SPECIFICATIONS:

If, in the opinion of the evaluation committee a specification is poorly worded or confusing, the evaluation committee may waive the specification for all Offerors, and if points were assigned reduce the total points by the number of points assigned to the specification.

2.15. CONTRACT TERMS AND CONDITIONS

The contract between the City and Offeror will follow the format specified by the City and contain the terms and conditions set forth in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful Offeror’s proposal will be incorporated into the contract. Should an Offeror object to any of the City’s terms and conditions, that offeror must propose specific alternative language that would be acceptable to the City. Offerors must provide a brief discussion of the purpose and impact, if any, of each proposed change followed by the specific proposed alternate wording. General references to the Offeror’s terms and conditions or attempts at complete substitutions are not acceptable to the

City and will result in disqualification of the Offeror’s proposal.

2.16. OFFEROR’S TERMS AND CONDITIONS:

Offerors must submit with the proposal a complete set of any additional terms and conditions which they expect to have included in a contract negotiated with the City. Any additional terms and conditions which may be the subject of negotiation, will be discussed only between the City and the selected Offeror and shall not be deemed an opportunity to amend the Offeror’s proposal.

2.17. PROCUREMENT CODE VIOLATIONS

The Procurement Code imposes civil and criminal penalties for its violation. In addition, the New Mexico

Statutes impose felony penalties for illegal bribes, gratuities, and kick-backs.

2.18. AWARD

The award shall be made to the responsible and responsive Offeror of Offerors whose proposal is most advantageous to the City of Gallup, taking into consideration the evaluation factors set forth in the Request for Proposals.

2.19. PREFERENCES

A preference of the total points used in evaluating the Request for Proposal shall be awarded to a City of Gallup Resident Business in accordance with the City of Gallup Resident Business Ordinance.

A preference of the total points used in evaluating the Request for Proposal shall be awarded to a business that has registered with the State of New Mexico Department of Taxation and Revenue as a resident New Mexico business or Resident New Mexico Veteran’s business, and in any case shall be applied in accordance with the provisions of New Mexico Statute 13-1-21 and 13-1-22 NMSA 1978.

The City of Gallup Resident Business preference, State of New Mexico Resident Business Preference, or State of New Mexico Resident Veteran’s Business will be factored into the Request for Proposal scores where applicable. However, the preferences are not cumulative and no offeror will receive more than one of the applicable preferences.

For information on State of New Mexico resident business or veteran’s resident business bidder’s certification call 505‐827‐0951 or to download applications at:

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference- certification.aspx

You must submit a copy of your NM Resident Business or Resident Veteran’s Business Certificate with proposal in order to qualify for the New Mexico Residence preference.

2.20. PROTESTS

Any bidder or offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the central purchasing office. The protest must be submitted in writing within seven (7) calendar days after knowledge of the facts or occurrences giving rise thereto. Any protest based on the terms of this Request for Competitive Sealed Bid Proposals will be conclusively deemed waived if an Offeror does not specifically raise and address the protest its bid proposal submitted to the City’s Procurement Office. All Offerors will be conclusively deemed to have knowledge of the facts or occurrences giving rise to a protest respecting an award at the time a contract is awarded by the City to an Offeror or Offeror.

2.21. NOTICE TO OFFERORS

Unnecessarily elaborate responses beyond that sufficient to present a complete and effective response to the solicitations are not desired and may be construed as an indication of the Offeror’s lack of cost consciousness. Unless specifically requested in the solicitation, elaborate art work, corporate brochures, lengthy narratives, expensive paper, specialized binding, and other extraneous presentation materials are neither necessary nor desired.

THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS IN WHOLE OR IN PART, TO WAIVE INFORMALITIES OR TECHNICALITIES AT ITS OPTION, AND TO ACCEPT THE PROPOSAL IT DEEMS TO BE

IN THE BEST INTEREST OF THE CITY OF GALLUP.

2.22. NOTICE TO BIDDERS

As of October 5, 2011 applications for Resident New Mexico in-state bidders will no longer be processed through the State Purchasing Division. All resident business and contractors will have to obtain a new preference number with the New Mexico Department of Taxation and Revenue as of January 1, 2012.

It will be the sole responsibility of the Bidders requesting consideration for the New Mexico Resident Business Preference to obtain approval and a certification from the New Mexico Department of Taxation & Revenue prior to the bid opening date. You must furnish a copy of the Resident Business Certificate with each proposal in order to be considered for the in-state preference.

As of July 1, 2012 a New Mexico Resident Veteran’s Business preference number may be obtained from the New Mexico Department Taxation and Revenue Department. In order to be considered for the New Mexico Veteran’s Business preference a copy of the Certificate must be included with each proposal as per Sections 13-1-22 (A) NMSA 1978.

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-%20%20%20%20certification.aspx

For additional information please call 505-827-0951, or to download applications log on at:

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

2.23. ELECTRONIC COMMUNICATIONS

Communications regarding this procurement, including issuance of any amendments, shall submitted through the OpenGov eProcurement Portal Q&A section: eProcurement Portal. However, electronic submittals of the proposal whether by fax or other electronic means are not acceptable as noted in the

General Conditions.

2.24. UNIT PRICES

Typographical errors, errors in extending unit prices, arithmetic errors or errors clearly evident on the face of the bid document may be corrected in accordance with the Procurement Ordinance and

Procurement Regulations. Discrepancies involving the incorrect extension of unit prices shall be resolved in favor of unit prices as unit prices cannot be corrected.

2.25. CONTRACT TERM AUTO-RENEWAL

This is an indefinite quantity contract from the date of contract acceptance and shall automatically renew for three (3) additional one (1) year period unless sooner terminated in accordance with the terms and conditions of this bid. If the lowest qualified bidder is unable to fulfill an order or bidder’s prices exceed market prices the City reserves the right to surpass this bid and order from the best available source.

2.26. QUANTITIES

This is an indefinite quantity contract from which the City may place orders on an as needed basis.

Quantities listed are estimates of the City's needs on an annual basis. Actual usage may vary. The City does not guarantee the purchase of any specific minimum quantities, nor may any material be shipped or delivered without a valid purchase order number issued by the City.

2.27. ESCALATION CLAUSE

Price escalations may be considered only under the following conditions:

Offered prices must be firm for at least ninety (90) calendar days after written notification of contract.

All requests for price increases shall be in writing and accompanied by:

A letter from the Contractor’s supplier certifying the price increase to the Contractor; or

Evidence of verifiable market conditions resulting in increased costs such as mandated labor rate increases and significant fuel or energy cost increases.

All invoices of the offered items, from suppliers to the Offeror, shall be subject to auditing by the City and furnished without delay upon request.

The City reserves the right to purchase on the open market or cancel a contract resulting from this request and solicit a new contract if the escalated price is above the current open market price for the same item. Cancellation of the contract shall not affect any outstanding orders.

All revisions of the price list shall become effective when they are accepted by the Purchasing Office of the City, provided that they do not conflict with paragraph (F) or (G).

http://www.tax.newmexico.gov/Businesses/in-state-veteran-preference-certification.aspx

All approved price changes resulting from this escalation clause shall be firm for a period of ninety (90) calendar days after acceptance in writing from the City.

The Offeror shall be limited to a maximum of two (2) price escalations per contract period unless otherwise specified in this request.

The Offeror shall provide to the City written notice of any requested price changes, which shall become effective upon acceptance by the City of Gallup Purchasing Office.

If the Offeror receives any price de-escalations from the supplier of goods sold to the City through a contract resulting from this request, the Offeror is responsible for notifying the City of such de-escalations, and passing those price changes on to the City immediately.

2.28. EXISTING AGREEMENT

Under the terms and conditions of this bid, all public bodies allowed by law may procure the supplies or services under this bid as described herein. The terms and conditions of this bid shall form a part of each order issued herein. Each public body shall be responsible for their own orders and the City of Gallup accepts no responsibility for other entities.

2.29. ACKNOWLEDGEMENT OF RECIEPT

The Acknowledgment of Receipt should be signed and returned to the Purchasing Office as soon as possible but no later than 5:00 pm on Friday, March 14, 2025. Only potential bidders who elect to return this form completed with the indicated intention of submitting a bid will receive copies of all written questions and the City’s written responses to those questions as well as copies of

Amendments, if any are issued.

2.30. REQUEST FOR PROPOSAL DOCUMENTS

RFP documents may be retrieved by accessing the Purchasing page of the City of Gallup bidding website

OpenGov https://procurement.opengov.com/portal/gallupnm/projects/72502, by calling (505) 863-

1334 or visiting the Central Purchasing Office at 110 West Aztec, Gallup, NM 87301.

The City of Gallup will notify vendors of record of amendments/addenda that are issued via City's eprocurement software OpenGov. If not a vendor of record or if solicitation was downloaded through

City of Gallup website, it shall be vendor’s responsibility to check website frequently for copies of any addenda/amendments or correspondence concerning the solicitation. Failure to acknowledge all addenda could result in rejection of your bid/proposal as non-responsive. In the case of an inconsistency between information on this site and the Purchasing file document, the file document shall prevail.

2.31. DEBARRED OR SUSPENDED CONTRACTORS

A business (contractor, subcontractor or supplier) that has either been debarred or suspended pursuant to the requirements of .13-1-177 through .13-1-180, and .13-4-11 through .13-4-17 NMSA 1978 as amended, shall not be permitted to do business with City of Gallup and shall not be considered for award of the contract during the period for which it is debarred or suspended.

https://procurement.opengov.com/portal/gallupnm/projects/72502

2.32. ASSIGNMENT

Neither the order, nor any interest therein, nor claim there under, shall be assigned or transferred by the Vendor, except as expressly authorized in writing by the City of Gallup Procurement Administrator.

No such assignment or transfer shall relieve the Vendor from the obligations and liabilities under this order.

Vendor agrees that any and all claims for overcharge resulting from antitrust violations which are borne by the City of Gallup as to goods, services, and materials purchased in connection with this bid are hereby assigned to the City of Gallup.

2.33. INSPECTION

Final inspection and acceptance will be made at the site. Goods rejected at the site for non-conformance with specifications shall be removed, at the Vendor's risk and expense, promptly after notice of rejection.

2.34. INSPECTION OF PLANT

The City of Gallup Procurement Administrator may inspect, at any reasonable time, the part of the contractor's, or any subcontractor's plant or place of business, which is related to the performance of this contract.

2.35. LIABILITY

The Vendor agrees that City of Gallup shall not be held liable for any costs incurred in preparation of this

RFP.

2.36. DEFAULT

The City of Gallup reserves the right to cancel all or any part of services without cost to the City of

Gallup, if the Contractor fails to meet the provisions of this order and, except as otherwise provided herein, to hold the Contractor liable for any excess costs if failure to perform the order arises out of causes beyond the control and without the fault or negligence of the Vendor, such causes include but are not restricted to acts of God or the public enemy, acts of the State or Federal government, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, and defaults of subcontractors due to any of the above, unless the City of Gallup shall determine that the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. The rights and remedies of the City of Gallup provided in this paragraph shall not be exclusive and are in addition to any other rights now being provided by law or under this order.

2.37. NON-COLLUSION

In, signing this proposal, the Contractor certifies that he/she has not, either directly or indirectly, entered into any action in constraint of free competitive bidding in connection with this proposal submitted to the City of Gallup Procurement Administrator.

2.38. NON-DISCRIMINATION

Vendors doing business with City of Gallup must be in compliance with the Federal Civil Rights Act of

1964 and Title VII of the Act, (Rev.,1979), and the Americans Disabilities Act of 1990. (Public Law 101-

336).

2.39. METHOD OF AWARD

A contract will be awarded on a Total All or None basis where indicated based on pricing and compliance with the specifications and requirements for each group of materials. City of Gallup reserves the right to waive irregularities, reject offers in whole or in part, and award this Bid in the best interest of the City of

Gallup.

2.40. RIGHT TO DISCONTINUE PROCUREMENT

The City of Gallup reserves the right to cancel this Request for Proposal at any time, and to reject any or all proposals, or otherwise to proceed in the best interests of the City of Gallup. This in no manner obligates the City of Gallup or any of its agencies to the eventual purchase of any product or service, whether explicitly described or implied herein, until confirmed by a written contract and/or Purchase

Order.

2.41. LATE PROPOSALS

Any proposal received after the specified time and date will be declared a "Late Proposal" and will NOT be considered.

2.42. LAWS / CODES / STANDARDS / REGULATIONS

Contractor will be responsible for complying with all applicable local, state and federal regulations regarding transportation of materials, as well as all fees, permits and/or authorization required for delivery. Contractor will provide all supervision of employees required and be responsible for maintenance, insurance, mileage, fuel, permits, licenses, etc. required for the operation of the vehicles or equipment used for transportation. These requirements and all associated costs for providing the services shall be included in the bid price.

Equipment materials, or services supplied under this solicitation shall meet and comply will all current applicable Federal, State, and local laws, codes, standards, and regulations, and applicable industry safety standards and requirements.

The Contractor shall be properly licensed and qualified to furnish services and to perform the required work under applicable licensing statutes of the State of New Mexico and other applicable regulatory agencies.

Contractor shall comply with all applicable Federal, State and local government codes, laws, regulations, and requirements in the performance of the work described herein.

2.43. INDEPENDENT CONTRACTOR

The proposal awarded an agreement under this solicitation is an independent contractor and shall perform its obligations under this agreement, as it deems necessary and appropriate. The successful

Contractor and its officers, directors, agents and employees, are independent contractors performing services for the City of Gallup and are not employees of the City of Gallup. The successful Contractor, and its officers, directors, agents, and employees, shall not accrue leave, retirement, insurance bonding, use of City of Gallup vehicles or any other benefits afforded to employees of the City of Gallup. The successful Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the required services.

2.44. INDEMNITY

The Contractor agrees, as material consideration for this Agreement, to defend, indemnify, and hold harmless the City of Gallup, its Elected Officials, Agents, and employees from and against any and all claims arising out of any asserted negligent act, error or omission of the Contractor, its officers, directors, employees or agents or arising in any way from this agreement or the Contractor’s activities hereunder. The indemnity agreed to in this paragraph shall not extend to liabilities, claims, damages, losses or expenses, including attorney fees arising out of: The preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications by the City of Gallup, or the agents or employees of the City of Gallup, or the giving of or the failure to give directions or instructions by the City of Gallup, or the agents or employees of the City of Gallup, where such giving or failure to give directions or instructions is the primary cause of bodily injury to persons or damage to property.

2.45. TERMINATION OF CONTRACT

In the event of a breach on any provision of the Agreement, the City of Gallup shall notify the Contractor of the fault within a reasonable time. If the Contractor fails to cure the breach or make other arrangements satisfactory to the City of Gallup, the City of Gallup may immediately terminate the Price

Agreement or take other steps, as it deems necessary. Safety related items must be corrected within twenty-four (24) hours. The Contractor shall pay the City of Gallup all costs and expenses, including reasonable attorney’s fees incurred by the City of Gallup, in exercising any of its rights or remedies in connection with enforcement of the Agreement.

The City of Gallup may terminate this Agreement for Convenience at any time, without penalty of any kind, by giving notice in writing to the Contractor. Said termination shall not nullify any payments due contractor for costs and work completed incurred through the date of termination.

2.46. APPROPRIATIONS

The terms of this Agreement are contingent upon sufficient monies being made available by the City of

Gallup for the performance of this Agreement. If sufficient appropriations and authorizations are not made by the City of Gallup, this Agreement shall terminate upon written notice being given by the City to the Contractor. The City's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final.

2.47. GOVERNING LAW

The contract awarded to a Contractor as a result of this solicitation shall be governed in accordance with the laws of the State of New Mexico and the City of Gallup Ordinances.

3. BACKGROUND INFORMATION & SCOPE OF WORK

3.1. SUMMARY

The City of Gallup values a collaborative relationship with all collective bargaining units within the city's workforce. In order to achieve this, the City requires assistance in navigating the wide range of complexities that encompass collective bargaining and labor relations. This includes conducting analyses, developing strategies, reviewing and interpreting existing collective bargaining agreements, negotiating new agreements with aspects that balance fairness between both the city and the unions, and facilitating various communications between management and labor.

3.2. SCOPE OF SERVICES

PLEASE SEE FOLLOWING SCOPE OF SERVICES SECTION

3.3. SUBCONTRACTS AND OTHER CONTRACTUAL ARRANGEMENTS

The use of subcontracts or other contractual arrangements to provide the requested services is permitted. The City, however, is looking for a single contracting entity that provides a technically and financially capable firm to be fully responsible to the City for all contractual obligations.

All existing or anticipated subcontracting and other arrangements relating to the entity that will contract with the City and to the services to be provided by such entity must be fully and clearly disclosed in proposals and are subject to further clarification by the Offeror, and the review and approval by the City.

3.4. INSURANCE REQUIREMENTS

The Contractor or their subcontractor shall not commence work under this contract until their subcontractors have obtained the insurance required under this paragraph, and certificates of insurance coverage have been filed with and approved by the Owner. All Certificates of

Insurance required herein shall state that ten (10) days written notice will be given to the

Owner before the policy is cancelled or changed. Extent of insurance carried and minimum coverage shall be as follows:

• Worker's Compensation Insurance: The Contractor shall obtain and keep in force during the life of the contract, Worker's Compensation Insurance covering all their employees engaged in work under this contract; and if any portion of the work is sublet, the subcontractor shall carry similar coverage for all of their employees engaged in the project. Worker's Compensation Insurance shall provide coverage for not less than the following amounts or greater where required by law:

Workers' Compensation: Statutory

Employer's Liability: $1,000,000

• Comprehensive General Liability Insurance: The Contractor and his/her subcontractor shall obtain and maintain in effect during the life of the contract, Comprehensive

General Liability Insurance including premise/operations; explosion, collapse and underground property damage; products/completed operations, broad form contractual independent contractors, broad form property damage and personal injury liabilities:

Bodily Injury: $1,000,0000 each occurrence

$1,000,000 annual aggregate

Property Damage: $1,000,000 each occurrence

$1,000,000 annual aggregate

Personal Injury, with

Employment exclusion deleted: $1,000,000 annual aggregate

• Comprehensive Automobile Liability Insurance: The Contractor and his/her subcontractors shall obtain and maintain in effect during the life of the contract comprehensive automobile liability insurance including all owned (private and others) hired and non-owned vehicles:

Bodily Injury: $1,000,000 each person

$1,000,000 each accident

Property Damage: $1,000,000 each occurrence

3.5. Response Format and Organization

A. Number of Responses/Copies

1. Offerors shall provide one (1) electronically submitted copy via solicitation online platform at: https://procurement.opengov.com/portal/gallupnm

B. Proposal Format

1. The proposal shall be limited in format and length; length of the proposal shall be limited to a maximum of twenty-five (25) numbered pages. If there are any question as to format requirements contact the Purchasing Director at purch@gallupnm.gov for clarification, prior to submittal of the proposal.

a. Material excluded from the twenty-five (25) page maximum count is limited to:

b. Front cover (photos with captions on inside cover allowed)

c. Divider pages (blank except for title information)

d. Back cover (photos with captions on inside of back cover allowed)

e. Tables of Contents page (two-page maximum)

f. Letter of Transmittal

g. Resumes

h. Certificate(s) of insurance

i. Copy of New Mexico Resident Preference Certificate (if applicable)

j. Current I.R.S. W-9 Form

k. Cost Proposal (Separate File)

C. Submit Responses to the PROPOSAL EVALUATION CRITERIA (Section 6) and organized in the same order as follows:

1. Firm History and Experience:

a. Brief history of firm in including demonstrating minimum 5 years of experience providing similar services to public entities.

b. Resumes indicating qualifications/competence of key personnel assigned to the project including professional background, education, certifications and experience, including known sub consultants.

c. Firm's experience with providing the scope of services requested in this proposal a familiarity with labor laws in New Mexico

2. Capacity and Capability to Provide Service:

a. Information regarding Firm's past capability to meet schedules, and meet project administration requirements.

b. Describe how you will control expenditures within your organization for work hours direct costs, and other costs associated with direct service fees.

c. Describe proposed approach to this project and anticipated tasks to accomplish the goals of the project, and that demonstrates Offerors knowledge and skills.

3. Past Record of Performance/References:

a. A client list in the government sector (municipalities, schools) etc. with at least 5 references where similar services have been provided within the past 3 years. Include contact information and client name, address, telephone and fax number, and email address.

b. Letters of Reference from three (3) recent entities or clients to whom services were provided within the past 3 years, preferably in the public sector, that document the

Offerors ability to perform the services requested in this proposal.

c. Explain your approach to how any project difficulties/issues are handled.

4. Qualifications of Key Personnel:

a. Quality and completeness of response in that all areas addressed and demonstrates offerors grasp of project services.

5. Cost: Hourly fee schedule for all key personnel and services requested, including indirect expenses and incidentals, exclusive of taxes. All fees will remain firm and fixed for the term of the contract, including any renewals. Fee proposal points shall be formula based. FEE

PROPOSALS SHALL BE SUBMITTED SEPARATELY IN SEPARATE FILE VIA OPENGOV. (See exhibit A)

6. Preferences (Max):

a. Note: You must submit a copy of your NM Resident Business or Resident Veteran’s

Business Certificate with proposal in order to qualify for the New Mexico Residence preference.

4. SCOPE OF SERVICES

4.1. Scope of Work

Scope of Work for Collective Bargaining Consultant

1. Summary

The City of Gallup, New Mexico, is seeking a qualified Collective Bargaining Consultant to provide expert guidance and support during the collective bargaining process with various employee unions. The selected consultant will assist in contract negotiations aiming for mutually beneficial agreements between the City and its employees. The scope of work described in this document outlines the requirements, deliverables, and timelines expected from the consultant. The goal is to ensure compliance with all legal frameworks, enhance labor relations, and provide strategic consultation services throughout the negotiation process.

2. Detailed Specifications

The selected consultant will be required to meet the following specifications:

A. Experience: The selected consultant must have a minimum of five (5) years of relevant experience in the following areas:

1. Collective bargaining negotiations on behalf of municipalities, public entities, or similar organizations.

2. Understanding and navigating the New Mexico Labor Relations Board procedures and policies.

3. Conducting analysis and providing counsel/consultation in employee relations matters.

4. Developing training programs and workshops for internal staff on negotiation tactics and labor relations.

B. Expertise in Labor Relations: The consultant must have extensive experience in collective bargaining and labor relations, specifically within public sector environments.

C. Knowledge of Applicable Laws: The consultant must be familiar with all relevant federal, NM state, and local labor laws and regulations, including but not limited to:

1. New Mexico Public Employee Bargaining Act (NMSA 1978, § 10-7E-1 et seq.)

2. National Labor Relations Act (29 U.S.C. § 151 et seq.)

3. Occupational Safety and Health Administration (OSHA) regulations.

4. Public Employee Relations Act (PERA).

5. The Fair Labor Standards Act (FLSA).

6. American Association for Labor Management's best practices and ethical guidelines.

D. Contract Negotiation: The consultant will assist in the negotiation of collective bargaining agreements (CBAs), including terms of employment, wages, benefits, and working conditions.

E. Staff Training & Development: Providing training sessions for City management and staff on negotiation techniques, conflict resolution, and understanding collective bargaining agreements.

F. Data Analysis: The consultant must collect relevant data on compensation and benefits, industry standards, and trends to effectively guide negotiations.

G. Strategic Recommendations: Provide informed recommendations on labor strategies that align with the City’s policies and objectives.

H. Analysis of Union Proposals: The consultant will review and analyze proposals from unions and provide insights for counterproposals aimed at minimizing costs while meeting employee needs.

3. Service Requirements

The successful consultant will be expected to deliver the following services:

A. On-site and Remote Services: The consultant will be required to provide both on-site and remote services as needed. The expectation is for the consultant to be available to attend meetings, training sessions, and negotiations in person when required, while also offering virtual support to maximize efficiency.

B. Planning Meetings: Coordinate initial planning meetings with the City’s designated representatives to assess negotiation strategies and objectives.

C. Facilitation of Negotiation Sessions: Act as facilitator during negotiation sessions with union representatives. This includes managing discussions, ensuring mutual respect, and maintaining a professional environment; leading negotiations with labor unions representing City employees, ensuring compliance with state and federal statutes.

D. Preparation of Documentation: Draft and prepare all necessary documentation, including proposals, counterproposals, and final agreements for distribution and review.

E. Advising on Communication: Develop communication strategies to ensure clear information is communicated to staff throughout the negotiation process.

F. Conflict Resolution: Provide mediation and conflict resolution services, as needed, to address any disputes arising during negotiations.

G. Final Report: Upon conclusion of negotiations, provide a comprehensive report summarizing the outcomes, challenges encountered, and recommendations for future negotiations.

H. Other services may include, but are not limited to:

1. Assessing the current state of labor relations and collective bargaining strategies used by the

City.

2. Preparing for and conducting collective bargaining negotiations, including development of negotiation strategies, analysis of labor agreements, and drafting of proposals.

3. Advising on compliance with the New Mexico Public Employee Bargaining Act, other applicable laws, statutes, regulations, rules, or ordinances, and addressing grievances and disputes as they arise.

4. Providing analysis and recommendations related to employee relations issues such as workplace policies, conflict resolution, and team dynamics.

5. Creating and delivering training on collective bargaining, negotiation techniques, and the importance of employee relations best practices.

6. Conducting surveys, focus groups, and interviews as necessary to gauge employee sentiment and foster transparent communication.

7. Facilitating workshops and forums to bridge the communication gap between management and employees.

4. Delivery Requirements

All services and deliverables are expected to be completed according to the following:

A. Timeliness:

1. The consultant shall provide a detailed project timeline at the outset of the engagement.

2. Milestones and deadlines for specific tasks and deliverables must be clearly communicated and adhered to.

B. Reporting:

1. The consultant shall submit regular progress reports to designated City officials summarizing negotiation sessions, outcomes, and advised next steps.

2. Final reports must be delivered within 30 days of completion of the collective bargaining process, summarizing the process, outcomes, and recommendations for future engagements.

3. Monthly Progress Updates: (If applicable) Monthly updates on the negotiation process, including any significant developments, shall be provided to the City throughout the negotiations.

C. Methodology:

1. Use of industry-standard negotiation tactics and methodologies aligned with best practices.

2. Incorporate data-driven analysis in developing strategies and making recommendations.

D. Compliance:

1. All services provided must comply with applicable federal, state, and municipal laws and regulations.

2. The consultant must adhere to ethical standards in labor relations and must not engage in any conflicts of interest.

E. Kick-Off Meeting: The consultant must conduct an initial kick-off meeting within 14 days of contract execution to discuss objectives, timelines, and deliverables.

F. Draft Agreements: The consultant must prepare draft agreements for review no later than 10 days after the conclusion of negotiation sessions.

G. Final Agreement Submission: A finalized collective bargaining agreement must be submitted to the City’s representatives within 14 days after reaching a tentative agreement with unions.

H. Post-Negotiation Analysis: A report summarizing the negotiation process, key outcomes, and recommendations for future negotiations should be provided within 30 days after contract execution.

5. Evaluation Criteria

The City will evaluate proposals based on the following criteria:

A. Experience: Proven track record of successful collective bargaining with public sector organizations.

B. Qualifications: Relevant qualifications and expertise of the proposed consultant team.

C. Understanding of Scope: Clarity and completeness of the proposal in addressing the scope of work outlined.

D. Cost: Overall cost-effectiveness of the proposed pricing strategy.

E. References: Positive references and testimonials from previous clients.

6. Conclusion

The City of Gallup is committed to fostering positive labor relations through effective collective bargaining processes. The successful consultant will play a pivotal role in achieving this objective while ensuring compliance with legal standards and promoting fair negotiations. Interested parties are encouraged to review the scope of work thoroughly and submit their proposals as outlined in the solicitation document.

5. PROPOSAL EVALUATION

5.1. Evaluation

Offerors submitting proposals may be afforded the opportunity for discussion and revision of proposals. Revisions may be permitted after submissions of proposals and prior to award for the purpose of obtaining best and final offers. Negotiations may be conducted with responsible

Offerors who submit proposals found to be reasonably likely to be selected for award.

5.2. Shortlisting

A maximum total of 100 points are possible 108 points with application of City of Gallup or State of New Mexico Resident Business preference, and up to 110 points with Application of the State of New Mexico Resident Veterans Business Preference in scoring each proposal. The Selection Committee will evaluate the proposals and may develop a shortlist of the top ranked respondents. The evaluation criteria to be used by the Selection Committee and the corresponding point values for each criterion are listed below.

5.3. Scoring

Utilizing the materials provided by the Purchasing Section, and the criteria outlined within the request for qualification or proposal, each committee member will complete the evaluation form included in the materials. This evaluation shall be completed prior to a committee discussion meeting scheduled by the Procurement Manager.

At the committee meeting, the Procurement Manager will poll members of the committee to provide any comments relative to the proposals that influenced their scores, and whether to seek clarification from Offerors.

Following discussion by the members, each member shall review their scores, may make any changes and confirm point totals on the evaluation forms. The committee will submit their evaluation forms to the Procurement Manager who will compile and total all scores. Scoring make take place over several rounds. Based upon the results of scoring, the committee will determine whether interviews will be conducted, whether to solicit Best and Final Offers from the top respondents, or both. Interviews will be conducted if:

A majority of the members present at the meeting determine whether interviews are in the best interest of the City.

Should the committee elect to conduct interviews, the top respondents may be interviewed. The Purchasing staff will coordinate the interviews with each interviewee as to the time, date and place the committee will conduct interviews and the time allowed for each presentation. The Committee members may question each interviewee during or after its presentation. Interviews will be closed to any persons not representing the interviewee. At the conclusion of all interviews, each member shall freshly rate each interviewee in accordance with the criteria and standards stated. The City is under no obligation to conduct interviews with any Offeror.

Only the final combined committee score for each firm shall be available for public inspection after award of the contract. Individual committee members score sheets and rankings shall be confidential.

5.4. Oral Interviews

Based upon the results of scoring, the committee will determine whether interviews will be conducted. Interviews will be conduced if a majority of the members present at the meeting determine whether interviews are in the best interest of the City.

Should the committee elect to conduct interviews, the top respondents will be interviewed.

The Purchasing staff will coordinate the interviews with each interviewee of the time, date and place the committee will conduct interviews and the time allowed for each presentation. The committee members may question each interviewee during or after its presentation. At the conclusion of all interviews, each member shall freshly rate each interviewee in accordance with the criteria and standards stated. A Maximum of 10 additional points may be awarded a firm based on oral presentation/interviews. If oral presentations are not held, no additional points shall be awarded.