Title
Grant of Waiver from Any Potential, Actual, or Perceived Conflict of Interest of Public Relations Manager Catherine D’Anna for the Purpose of Los Alamos County Obtaining On-Call Photography and Videography Services from Samantha D’Anna Photography as part of a Multiple Award Contract, in an Aggregate Not to Exceed Amount of $280,000
Recommended Action
I move, pursuant to County Ordinance §31-285 and §10-16-7, NMSA 1978, that Council grant a waiver from any potential, actual, or perceived conflict of interest of Catherine D’Anna, who is related to Samantha D’Anna, so the County can procure services from Samantha D’Anna. As grounds for this motion, Council finds:
1. The County solicited for On-Call Photography and Videography Services via a competitively solicited Request for Proposals (RFP) through RFP26-42.
2. Prior to Samantha D’Anna submitting her proposal to RFP26-42, Catherine D’Anna disclosed the familial relationship to her supervisor, Utilities Manager Philo S. Shelton, III.
3. Samantha D’Anna is a responsible offeror and potential Awardee of an Agreement as a result of the evaluation of the response received.
4. Catherine D’Anna has recused herself from any future involvement in the management of the Agreement, if so awarded to Samantha D’Anna, including requests to utilize the services or review of any invoices related to an awarded Agreement.
5. The award of the Procurement Consulting Services Agreement(s) is in the best interest of the County.
County Manager's Recommendation
The County Manager recommends that Council approve the motion as requested.
Body
Los Alamos County would like to obtain On-Call Photography and Videography Services from Samantha D’Anna Photography as part of a Multiple Award Agreement. The Aggregate Not To Exceed Amount of the four (4) Agreements is $280,000.
This may be perceived as a conflict of interest as Public Relations Manager Catherine D’Anna is related to Samantha D’Anna. Catherine D’Anna was not involved in any decision relating to the procurement of this service.
Both state law and the County Code provide that Council may grant a waiver of a conflict if certain conditions are met and the Council makes a written determination to that effect. The findings which Council should make in this matter are identified in the motion, above.
Alternatives
The option is to not approve waiver and ask staff to identify another method to obtain this service.