Mesquite City Council Regular City Council Meeting City Council Chambers TUESDAY, MARCH 28, 2017 - 5:00 PM Below is an agenda of all items scheduled to b e considered. Unless otherwise stated, items may b e taken out of the order presented on the agenda at the discretion of the Mayor and Council. Additionally, the Mayor and Council may comb ine two or more agenda items for consideration, and may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Pub lic comment is limited to three minutes per person.
Ceremonial Matters - INVOCATION - Pastor Patrick O'Neal, Mesquite Lutheran Church - PLEDGE OF ALLEGIANCE
Public Comments During the Public Comment portion of the agenda comments must be limited to matters within the authority and jurisdiction of the City Council. Items raised under this portion of the Agenda cannot be deliberated or acted upon until the notice provisions of the Nevada Open Meeting Law have been met. If you wish to speak to the City Council at this time, please step up to the podium and clearly state your name. Comments are limited to 3 minutes in length. 1.
Public Comment
Consent Agenda Items on the Consent Agenda may not require discussion. These items may be a single motion unless removed at the request of the Mayor, City Council, or City Manager. 2.
Consideration for approval of the March 28, 2017 Regular City Council Meeting Agenda and the February 21, 2017 Technical Review Meeting Minutes. 1
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- Public Comment - Discussion and Possible Action Cover Sheet m02-21-17 TRM.docx 3.
Consideration of Approval and authorize a two year and eight month Airport Use Agreement with Ed Gines with an option for a five-year renewal to lease Enclosed Hangar Space for Hangar No. 6, located at 1200 Kitty Hawk Drive. - Public Comments - Discussion and Possible Action Cover Sheet Gines_AirportUseAgreement_HangarNo6 ExhibitA.pdf
4.
Consideration of Approval and authorize a two year and eight month Airport Use Agreement with The Aki Group LLC with an option for a five-year renewal to lease Enclosed Hangar Space for Hangar No. 7, located at 1200 Kitty Hawk Drive. - Public Comments - Discussion and Possible Action Cover Sheet ExhibitA.pdf TheAkiGroupLLC_AirportUseAgreement_HangarNo7
Special Items 5.
Presentation of a quarterly update pursuant to the State Board or Education R142-16 by Jeff Hybarger, Clark County Schools Associate Superintendent . - Public Comment - Discussion and Possible Action Cover Sheet
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Resolutions & Proclamations 6.
Consideration of Resolution No. 920 appointing a Capital Improvements Advisory Committee for the Transportation Capital Improvement Plan. - Public Comment - Discussion and Possible Action Cover Sheet Res. No. 920 TCIP Advisory Committee.doc
7.
PROCLAMATION - Mayor and County Recognition Day for National Services. - Discussion and Possible Action Cover Sheet MesquiteNationalService Proclamation.docx
8.
PROCLAMATION - Endeavor Community Service Pageant Day - April 3, 2017 - Discussion and Possible Action Cover Sheet Proclamation - Endeavor Community Service Pageant Day.docx
Department Reports 9.
Mayor's Comments
10.
City Council and Staff Reports
Administrative Items 11.
Consideration of Approval of a Beer, Wine and Spirit-Based Products liquor license for Mesquite Mart, LLC, DBA as DinoMart at 121 S. Falcon Ridge Parkway. - Public Comment - Discussion and Possible Action Cover Sheet Mesquite Municipal Code 2-4-D.docx 3 3
Mesquite Mart LLC App.pdf Jade Hafen Approval.pdf Derek Hafen Approval.pdf Kraig Hafen Approval.pdf 12.
Consideration of Architectural and Site Plan Review Case No. ASR-17-001 (Eagles Landing Travel Plaza) to approve the site development plan and conceptual architectural design of a truck stop convenience store at 1950 West Pioneer Boulevard on 25 acres of Lot 305 of the Mesquite Technology and Commerce Center Phase 3 Commercial Subdivision. Light Industrial (IR-1) Zone. - Public Comment - Discussion and Possible Action Cover Sheet ASR-17-001_StaffMemo.doc ASR-17-001_App&Plans.pdf
13.
Consideration of Amended Employment Contract for the City Manager. - Public Comment - Discussion and Possible Action Cover Sheet Request for raise--Council packet.doc CITY MANGER EMPLOYMENT AGREEMENT Draft 3-28-17.doc
14.
Consideration to approve emergency recruitment and hiring of 2 Firefighter Paramedics. - Public Comment - Discussion and Possible Action Cover Sheet MFR Justification Letter - Personnel.pdf MFR_Shift_Roster.pdf 4 4
FD - EMS bllings, etc FY16-17.pdf EMS_Monthly_Statistics__1_.pdf IFT_STATS (1).pdf Department_Staff_Information.pdf MFR Budgets FY-09 to FY17.pdf 15.
Consideration of approval for an emergency hire for a full time Police Officer. - Public Comment - Discussion and Possible Action Cover Sheet Need for Narcotics Divsion Detective.doc MPD Emergency Hire Support Documents March 2017.docx
16.
Consideration for the Adoption of Bill 514 as Ordinance 514 which will officially create the Virgin Valley Community Educational Advisory Board (CEAB) as noted in Resolution 914 approved on December 13, 2016. - Public Hearing - Discussion and Possible Action Cover Sheet Bill 514.docx Resolution 914.pdf
17.
Consideration of Exhibit B to the Hoover Schedule D Scheduling Entity and Resource Integration Agreement between Overton Power District No. 5 and the City of Mesquite, Nevada and other matters properly related thereto. - Public Comment - Discussion and Possible Action Cover Sheet Hoover Schedule D Scheduling Entity and Resource Integration Agreement between Overton Power District No. 5 and the City of Mesquite, Nevada.pdf Exhibit B 20170322.pdf 5 5
Public Comments During the Public Comment portion of the agenda comments must be limited to matters within the authority and jurisdiction of the City Council. Items raised under this portion of the Agenda cannot be deliberated or acted upon until the notice provisions of the Nevada Open Meeting Law have been met. If you wish to speak to the City Council at this time, please step up to the podium and clearly state your name. Comments are limited to 3 minutes in length. 18.
Public Comment
Adjournment 19.
Adjournment
Note: Please b e advised that the Standing Rules of the City Council are attached for your information. The Standing Rules govern the conduct of City Council Meetings. These Standing Rules may b e acted upon and utilized b y the Mayor and City Council at any City Council Meeting. To ob tain any or all supporting materials for this Agenda, please contact the Clerk's Office at 702-346-5295. Memb ers of the pub lic who are disab led and require special assistance or accommodation at the meeting are requested to notify the City Clerk’s Office -City Hall in writing at 10 E. Mesquite Blvd., Mesquite, NV, 89027 or b y calling 346-5295 twenty-four hours in advance of the meeting.
THIS NOTICE AND AGENDA HAS BEEN POSTED ON OR BEFORE 9:00 AM ON THE THIRD WORKING DAY BEFORE THE MEETING AT THE FOLLOWING LOCATIONS: 1. Mesquite City Hall, 10 E. Mesquite Blvd., Mesquite, Nevada 2. Mesquite Community & Senior Center, 102 W. Old Mill Road, Mesquite, Nevada 3. Mesquite Post Office, 510 W. Mesquite Blvd., Mesquite, Nevada 4. Mesquite Lib rary, 121 W. First North, Mesquite, Nevada The agenda is also availab le on the Internet at http://www.mesquitenv.gov and http://nv.gov In accordance with Federal law and U.S. Department of Agriculture policy, the City of Mesquite is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410, or call (800) 795-3272 (voice), or (202) 720-6382 (TDD).
RULES OF PROCEDURE 1.
Authority
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1.1 NRS 266.240 provides that the Council may determine its own rules of procedure for meetings. The following set of rules shall be in effect upon their adoption by the Council and until such time as they are amended or new rules are adopted in the manner provided by these rules. 2.
General Rules
2.1. Public Meetings: All meetings of the Council shall be open to the public, expect those provided in NRS 241 and 288. The agenda and backup material shall be open to public inspection in the City Clerk’s Office. 2.2 Quorum: A majority of the members of the Council shall constitute a quorum and be necessary for the transaction of business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time. 2.3
Compelling Attendance: The Council may adjourn from day to day to compel attendance of absent members.
2.4 Minutes: A written account of all proceedings of the Council shall be kept by the City Clerk and shall be entered into the official records of the Council. 2.5 Right to Floor: Any member desiring to speak shall be recognized by the chair, and shall confine his remarks to the item under consideration. 2.6 City Manager: The City M anager or his designee shall attend all meetings of the Council. The City M anager may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. 2.7. City Attorney: The City Attorney or Deputy City Attorney shall attend all meetings of the Council and shall, upon request, given an opinion, either written or verbal, on questions of the law. 2.8 City Clerk: The City Clerk or Deputy City Clerk shall attend all meetings of the Council and shall keep the official minutes and perform such other duties as required by the Council. 2.9 Officers and Staff: Department heads of the City, when there is pertinent business from their departments on the Council agenda, shall attend such Council meetings upon request of the City M anager. 2.10 Rules of Order: “Roberts Rules of Order Newly Revised” 10th Edition shall govern the proceedings of the Council in all cases, provided they are not in conflict with these rules.
3.
Types of Meetings
3.1 Regular M eeting: The Council shall meet in the Council Chambers for all regular meetings. Regular Council meetings will be held on the second and fourth Tuesday of each month. If the second or fourth Tuesday falls on or near a holiday or falls on any day wherein it is determined a quorum may not be available, the Council may provide for another meeting time. 3.2 Special M eetings: Special meetings may be called by the M ayor or by a majority of the City Council. The call for a special meeting shall be filed with the City Clerk in written form, expect that an announcement of a special meeting during any regular meeting at which all members are present shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day, the hour, and the location of the special meeting and shall list the subject or subjects to be considered. 3.3 Adjourned Meeting: Any meeting of the Council may be adjourned to a later date and time, provided that no adjournment shall be for a longer period than until the next regular meeting. 3.4 Workshop and Study Sessions: The Council may meet in workshops or study sessions to review upcoming projects, receive progress reports on current projects, or receive other similar information from the City M anager, provided that all discussions thereon shall be informal and open to the public. 3.5
Executive Sessions: Closed meetings may be held in accordance with NRS 241 and 288.
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4.
Duties of Presiding Officer
4.1 Presiding Officer: The M ayor, if present, shall preside at all meetings of the Council. In the M ayor’s absence, the M ayor Pro Tem shall preside. In the absence of both the M ayor and M ayor Pro Tem, the Council members present shall elect a Presiding Officer. 4.2 Preservation of Order: The Presiding Officer shall preserve order and decorum; prevent attacks of a personal nature or the impugning of members’ motives, and confine members in debate to the question under discussion. 4.3 Points of Order: The Presiding Officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, the question shall be: “Shall the decision of the Presiding Officer be sustained?”
5.
Order of Business and Agenda
5.1 Agenda: The order of business of each meeting shall be as contained in the agenda in accordance with NRS 241 prepared by the City Clerk and approved by the City M anager. The agenda shall be delivered to members of the Council at least three (3) working days preceding the meeting to which it pertains. 5.2 Special Interest/Presentation Items: Unless otherwise approved by the City M anager, and in order to provide for the effective administration of City Council business, a maximum of four (4) items of special interest or presentation shall be scheduled on one agenda. Special Interest/Presentation items must appear on the agenda and it is not appropriate for presentations to be made during the public comment portion of the meeting.
6.
Creation of Committees, Boards and Commissions
6.1 Resolution: The Council may by resolution create committees, boards, and commission to assist in the operation of the City government with such duties as the Council may specify, which shall not be inconsistent with law. 6.2 Membership and Selection: M embership and selection of members shall be as provided by the Council if not specified by law. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, as provided in the initial resolution, or when abolished by a majority vote of the Council. No committee, board or commission shall have powers other than advisory to the Council or to the City M anager, except as otherwise provided by law. 6.3 Removal: The Council may remove any member which they have appointed to any board, committee or commission by a vote of at least a majority of the Council. Such appointed members will be removed automatically if they fail consistently (three or more unexcused absences) to attend meetings.
7.
Voting
7.1
All voting procedures shall be in accordance with Parliamentary Authority.
7.2 Point of Order: Any Council member may raise a Point of Order if s/he perceives a breach of the Council’s procedural rules and insists on the enforcement of the rule by the Presiding Officer. A Point of Order take precedence over any main motion, is not debatable, is not amendable, but may be superseded by a motion to table the item over which the Point of Order was raised, and is ruled on immediately by the Presiding Officer. 7.3 Point of Information: This is a request by a Council member, directed to the Presiding Officer or appropriate individual for information relevant to the pending item. A Point of Information takes precedence over a main motion, is not debatable, is not amendable, is not superseded by other motions, and is ruled on for appropriateness by the Presiding Officer.
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7.4
Abstentions: A member may abstain from voting for any reason s/he deems appropriate.
7.5 Failure of Affirmative Motion: The failure of a motion calling for affirmative action is not the equivalent of the passage of a motion calling for the opposite negative action. The failure of such affirmative motion constitutes no action. 7.6 Failure of Negative Motion: The failure of a motion calling for a negative action is not the equivalent of the passage of a motion calling for the opposite affirmative action. The failure of such a negative motion constitutes no action. 7.7 Lack of Passage of a M otion: In some instances (maps in particular, per NRS) lack of passage of a motion may result in the item being “deemed approved.” In other instances no action may result in confusion and complication for the applicant. In all cases the City Council will strive to achieve a decision or action. 8.
Citizens’ Rights
8.1 Addressing the City Council: Any person desiring to address the Council by oral communication shall first secure the permission of the Presiding Officer. 8.2 Time Limit: Each person addressing the Council shall step to the microphone, shall give his/her name and residence address in an audible tone of voice for the record and, unless further time is granted by the Presiding Officer, shall limit the time of his/her comments to three (3) minutes. 8.3 Public Comment Content: The presiding officer or the majority of City Council may prohibit comment if the content of the comments is a topic that is not relevant to, or within the authority of, the public body, or if the content of the comments is willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational, or amounting to personal attacks or interfering with the rights of other speakers. 8.4 Disruptive Conduct: Any person who willfully disrupts a meeting to the extent that its orderly conduct is made impractical may be removed from the meeting by order of the Presiding Officer or majority of the City Council. A person willfully disrupts a meeting when s/he (1) uses physical violence, threatens the use of physical violence or provokes the use of physical violence, or (2) continues to use loud, boisterous, unruly, or provocative behavior after being asked to stop, which behavior is determined by the Presiding Officer or a majority of the City Council present to be disruptive to the orderly conduct of the meeting, or (3) fails to comply with any lawful decision or order of the Presiding Officer or of a majority of the City Council relating to the orderly conduct of the meeting. 8.5 Written Communications: a. In General: Interested parties or their authorized representatives may address the Council by written communication in regard to any matter concerning the City’s business or over which the Council has control at any time by direct mail to Council members, email, or by addressing it to the City Clerk and copies will be distributed to the Council members. b. At City Council M eetings: Except as provided in subsection c, written communications will not be read at City Council meetings, but will be attached to the item as part of the record, tallied, and reported by the City Clerk as generally in favor of or against the proposition. c. Exceptions: A written communication to the City Council may be read by City staff at a City Council meeting when (1) the person making the written communication has asked it be read aloud, (2) the person is unavailable to be at the meeting due to emergency or illness, (3) the written communication can be read in an ordinary cadence within three minutes, and (4) the person’s name appears on the written communication and will be read into the record. 9.
S uspension and Amendment of These Rules
9.1 Suspension of these Rules: Any provision of these rules not governed by law may be temporarily suspended by a majority vote of the City Council. 9.2 Amendment of these Rules: These rules may be amended, or new rules adopted, by a majority vote of all members of the City Council, provided that the proposed amendments or new rules have been introduced into the records at a prior City Council meeting.
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City Council Agenda Item Report Submitted by: Tracy Beck Submitting Department: City Manager Meeting Date: March 28, 2017
Subject: Public Comment Recommendation: Petitioner: Andy Barton, City Manager Is this a budgeted item? No Fiscal Impact:
Background: Contract Bid Expires On: Attachments:
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City Council Agenda Item 2 Submitted by: Tracy Beck Submitting Department: City Clerk Meeting Date: March 28, 2017
Subject: Consideration for approval of the March 28, 2017 Regular City Council Meeting Agenda and the February 21, 2017 Technical Review Meeting Minutes. - Public Comment - Discussion and Possible Action Recommendation: Approve March 28, 2017 Regular City Council Meeting Agenda and the February 21, 2017 Technical Review Meeting Minutes. Petitioner: Tracy E. Beck, City Clerk Is this a budgeted item? No Fiscal Impact:
Background:
Contract Bid Expires On:
Attachments: m02-21-17 TRM.docx
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Mesquite Technical Review Meeting Mesquite City Hall 10 E. Mesquite Blvd. Tuesday, February 21, 2017 Minutes of the scheduled meeting of the City Council held on Tuesday, February 21, 2017 at 1:30 PM held at City Hall. In attendance were Mayor Allan S. Litman, Council members W. Geno Withelder, Rich Green, George Rapson, David Ballweg and Brian Wursten. Also in attendance were City Manager Andy Barton, Development Services Richard Secrist, Human Resource Manager Gina Mendez, IT Director, Dirk Marshall, Athletics and Leisure Services Director Nick Montoya, City Clerk Tracy Beck and 1 citizen. Mayor Litman called the meeting to order at 1:30 PM. Council member Rapson was absent. (NOTE: This meeting was tape-recorded and will remain on file in the office of the City Clerk for four (4) years public examination.) Below is an agenda of all items scheduled to be considered. Unless otherwise stated, items may be taken out of the order presented on the agenda at the discretion of the Mayor and Council. Additionally, the Mayor and Council may combine two or more agenda items for consideration, and may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Public comment is limited to three minutes per person.
Public Comments 1)
Public Comment
Minutes: Mayor Litman opened up the meeting to Public Comments. There were no speakers.
Consent Agenda 2)
Consideration of Approval of the Tuesday, February 28, 2017 Regular City Council Meeting agenda and the January 24, 2017 Regular City Council meeting minutes.
- Public Comment - Discussion and Possible Action
Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 1
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Minutes: Mayor Litman: We have Consent Agenda and with this Consent Agenda, Mr. Montoya would like to add an item, is that correct? Minutes: Mr. Montoya: I sent an email out to all of you on this newsletter. It’s a newsletter agreement that we are looking into doing to get our stuff out a little more professionally. It’s a company that’s going to do all this free printing, full color graphic design clip art. There’s no risk on our end. It’s a 5 year contract. They are doing everything. All we have to do is send them the content they are going to put together, and then they will send it back to us. They are paying for the paper too. All they want to have is options to sell ads to local businesses only in the newsletter. So that’s all them. They are doing all that work, everything from there. If they make more than the newsletter is worth, they give us back profit sharing on top of that. Minutes: Council member Rapson: A couple of questions Nick. Has Bob Sweetin reviewed this? Minutes: Mr. Montoya: He has. Minutes: Council member Rapson: Is there a termination clause in there for any reason? Minutes: Mr. Montoya: Two years. If they can't sell any ads – they are doing it free for 2 years – if they can’t sell any ads, they are out. They opt out. Minutes: Council member Rapson: What if they sell some offensive ads or do something? Minutes: Mr. Montoya: All ads have to be approved by us. Minutes: Council member Rapson: Can we back out of this any time? Minutes: Mr. Montoya: Yes, there is a clause in there. It’s an anniversary clause, one year from the anniversary. Minutes: Council member Ballweg: I’d like to make a suggestion on these. I like these types of things that we are doing that saves the City. I would suggest we don’t put this on the Consent and put it on the Regular Agenda for discussion or for at least announce it to the public. And that goes with the other item I would like to add to it while we are talking about the Consent. It is the SeeClickFixstuff that Derek wants to do. I would rather see that on the Regular Agenda and not Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 2
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the Consent so you can explain to the public what the Staff is trying to do. I think it is a good PR move. Minutes: Mr. Montoya: Also this is going to - I spoke with Mr. Barn about this, because he was interested in it also about putting a quarterly newsletter out for the City coming up and just letting people know what’s going on. They would provide the links to our web page where we can put them on there and they will click, and you can go right to the site where the newsletters are.
Council member Ballweg moved to add Mr. Montoya's Item of a Publishing Service Agreement with Liturgical Publications for the Senior Center and Recreation Center to the regular agenda. Council member Rapson seconded the motion. Passed 5; Against 0; Abstain: 0; Absent: 0 Minutes: Mr. Montoya: Would you like me to send you more information on it? Minutes: Council member Rapson: Just make sure that the contracts are part of the backup? Minutes: Mr. Montoya: Tracy has them, yes. Minutes: Mayor Litman: And we are going to move Item 4 then from the Consent Agenda. 3) a) b) c) d) e)
Consideration of approval of: Notification of Budget Transfers Notification of Budget Amendments Notification of Bills Paid Purchase Orders January 2017 Financial Statements
- Public Comment - Discussion and Possible Action
4)
Consideration of approval of an agreement with SeeClickFix Inc.
- Public Comment - Discussion and Possible Action
5)
Consideration of Approval and authorize a two year and ten month Airport Use Agreement with Dennis R. & Lisa L. Kowalewski with an option for a five-year Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 3
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renewal to lease Asphalt Space for T-Hangar No. 16D, located at 1200 Kitty Hawk Drive. - Public Comments - Discussion and Possible Action
Special Items 6)
Presentation of Volunteer of the Year 2016
Minutes: Mayor Litman read items 6, 7, and 8 and asked for any questions or comments. Minutes: Council member Rapson: There is no back up on any of these. I would like to have some idea of what the process is for this kind of thing. Andy and I have discussed this. Minutes: Ms. Mendez: I can give you information on the Employee of the Year and the Volunteer of the year. Minutes: Council member Rapson: Just a description of what the process is and who is on the committees to make these selections and how it happens, because frankly, I am disappointed with a distinguished citizen, but it is too late this year. Minutes: Council member Wursten: They sent out the process on that. Minutes: Council member Rapson: Yeah, I know, but not on the Volunteer of the Year and so forth. I would like to have this for the public’s iteration as well. Minutes: Council member Withelder: I agree with George on that. There should be someone from Council sitting on those committees at least so we have some input and know what is going on, because right now we are totally in the dark until it is announced to us, and we have no say about it. Minutes: Ms. Beck: I would like to just throw in my two cents worth. That’s fine, as long as none of it… there’s not a Council member that has nominated somebody. 7)
Presentation of Employee of the Year - 2016
8)
Presentation of Distinguished Citizen for 2016. Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 4
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Resolutions & Proclamations 9)
Proclamation - March 2017 as The American Red Cross Centennial Celebration.
- Discussion and Possible Action Proclamation - Red Cross Month 2017.docx Minutes: Mayor Litman read this item by its title and asked if there were any questions or comments. There were none.
Department Reports 10)
Mayor's Comments
Minutes: Mayor Litman: Nothing in particular right now.
11)
City Council and Staff Reports
Minutes: Council member Withelder: I will have something on Little League.
Administrative Items 12)
Consideration of Approval of Recruitment Request to fill another position of Building Inspector.
- Public Comments - Discussion and Possible Action
Minutes: Mayor Litman read this item by its title and asked for any comments or questions. Minutes: Mr. Barton: If I could just preface Richard’s remarks here. Are we all familiar with the reason that we are asking for an unusual mid-year appointment for a new position? That’s because our building inspector is averaging about 35 inspections a day. Workload is increasing. Usually the first department that’s going to feel an upturn in the economy is our Planning Department and Building Services. That’s exactly what is happening there. In the interest of keeping Robin alive and healthy and giving her some relief, we are making this recommendation for a mid-year Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 5
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appointment. Unfortunately, we don’t have the financial resources to support that appointment for this year. We are recommending to Council that this position be filled mid-year. Minutes: Council member Rapson: Has there been any discussion, Richard, in how that department is going to be structured with this? I mean, are we going to keep the same? The only reason I bring it up – I mean you guys do a great job over there – but we have the top dog and then we have a bunch of – it’s kind of a flat tree. Typically, you have more of a pyramidal type deal and somebody that could fill two things, maybe some sort of an assistant to you and inspect, or I don’t know. Minutes: Mr. Secrist: Well, Dale Tobler is the Chief Building Official as well as Plans Examiner I guess is the most senior, probably more senior than I am, but I’m the Director. But in my stead, I guess he does some of that. That is a good issue. I mean, we are looking at succession. What do we do in a year and a half when Dale retires? We are going to have somebody trained and on board that can move into that position. Probably Robin doesn’t want to do that. So we kind of are looking to fill 2 positions I guess with 1 person, an immediate person now just to cover all the inspections. Robin, I think, is pushed to the limit right now. Also someone with the hopefully the kind of background and training that they could eventually move into covering the Chief Building Official. Minutes: Council member Rapson: That would be my suggestion. I totally agree with you. I mean, Legacy has 20 homes under construction right now and that’s all various stages of construction for an inspector. That’s 20 alone. So I know Rick Anderson is going. I know everybody is going. I know we have experienced delays, and delays mean delay in tax revenue. When they are doing paying taxes, it means delays in getting our money. It affects commerce. Minutes: Council member Wursten: It costs the builders money. Minutes: Council member Rapson: Yes, and it would cost the consumer money at the end of the day because they are going to pass that on. I think this is good timing. Minutes: Mr. Barton: I should also mention to you that in the five years that I have been here, they have never added staff. In fact, after Kurt Sawyer left, we never replaced that position so they have been down a position for the last several years. So this is something that is long overdue, and like most of the departments they have gotten along with fewer people rather than more people, so Staff highly recommends this. Minutes: Council member Rapson: In my mind’s eye when I was suggesting a potential position, placement, somebody like John Willis that can do a lot of things. He has a brain, works hard, could be an inspector absolutely, but also can wear other hats as we grow or develop. That’s kind of where I was heading. Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 6
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Minutes: Mr. Barton: We can look and see if we can structure the new position along those lines. I think your point is well taken. It’s nice to have somebody other than Richard to go to in that department. Minutes: Council member Rapson: I do want to say that that Code Enforcement guy, John, he is a bulldog. He is good. The people like him. 13)
Consideration for Introduction of Bill No. 512 as Ordinance No.512 an ordinance of the City Council of the City of Mesquite, Nevada, amending Title 1 of the Mesquite Municipal Code “Administration” Chapter 11 “Personnel Policies” amending Section 2 “Purpose”; Section 7 “Adoption of personnel policies” and other matters properly related thereto.
- Discussion and Possible Action Minutes: Mayor read this by its title and deferred to Gina Mendez. Minutes: Ms. Mendez: Basically, what Bob and I are trying to do is to be able to make changes to the policy without having to take to you guys every time we need to make a minor change to it, take it to you guys. It takes time and sometimes, like with these new marijuana files, there are things we need to change. For us to be able to do that right now, we have to take it the floor. So it takes time between this meeting and that meeting, and so what we are trying to do is, and Bob recommended it, he said well we just make it to where Andy makes approval of those changes and with you guys always having those choice going over those policies and making sure that that’s how you guys want them, and if you guys don’t want them, they don’t have to go in. But basically for each change to the city policy, we wouldn’t take it to you guys. It would just be up to Andy to approve that. Minutes: Council member Ballweg: I read through the changes and did not see a formal procedure to notify us of changes, the Council, is there? Minutes: Ms. Mendez: We would make sure that there would be a change Minutes: Council member Ballweg: I would like to see it in the documents, that say if a decision is made by Andy, approved by Andy, that he officially notices the Council of the change. Minutes: Mr. Barton: Gina, could you give another example or two of what circumstances would apply?
Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 7
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Minutes: Council member Ballweg: I am not saying that we would ask for a vote, but I think we should be made aware of the policy changes. Minutes: Council member Rapson: Is this the kind of thing that when the State makes a change and requires a municipality to do something that – we had 2 or 3 of these things that just Minutes: Mr. Barton: This is basic housekeeping stuff. It’s not policy related. Minutes: Ms. Mendez: It would be just housekeeping. For example, one of the examples I can use is that in the past, every time there was a CBA agreement, whether it was MPOA, or Teamsters, they would ask me to place that same language and put it on the policy. So if it had to do with hours that the City Hall was open, those changes went into the policy. If it had anything to do with, for example right now we have one, how much do we pay for the insurance? That would go into the policy. It’s those things that I am trying to get rid of. It’s just generalized. There are no dollar amounts, because things change. As we make changes on the CBA, things change, and that makes me go back and change it on the policy. I want to get rid of that. I want to make sure that it is just policy and procedure without having to integrate any language from the units. Minutes: Council member Rapson: So in other words, something that we have approved as a Council, like the Collective Bargaining Agreement or something like that. Now are you just adapting the internal policies’ and procedures’ language to accommodate that in a more general way? That’s what we are talking about. We are not changing policy in any substantive way. Is that… Minutes: Ms. Mendez: The other thing that happened is that, for example, and this just happened not too long ago, under the regular Teamster’s CBA, it says all employees will be paid 8 hours of overtime whether they are scheduled or not scheduled to work on that date. So it makes sense under the union contract, because that is how it was negotiated, but then that language is being put under the policies, so I have department heads calling me saying, shouldn’t I get paid for these 8 hours? And it doesn’t really apply to them, but it’s how the language was brought in from that CBA. So it’s those things that we need to clear up and make sure that it is more of just a general policy and procedure, nothing to do with the union agreements. Minutes: Council member Ballweg: I’ll still state I'd like to see it with language in there, and I don’t think it would be any burden. There has to be a request going into Andy to get approval. If he approves it, I think he just passes it on to us just as an advisory, saying it is approved. Minutes: Ms. Mendez: Oh, definitely. Minutes: Mr. Barton: Sure. Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 8
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Minutes: Council member Ballweg: But I would like to see that in the language of the ordinance. So it’s not arbitrary whichever one. You make a change; you send it and just notify us. Minutes: Ms. Mendez: I’ll talk to Bob. Minutes: Council member Ballweg: Okay, just add that language in there please. Because I didn’t see it. I read through it and I didn’t see that. Again, I agree. Most of them will be just housekeeping, but I still would like to be aware of where some of these decisions come from. Minutes: Ms. Mendez: Right now one of the main ones that I am trying to change, not so much change as do the changing the wording, is Drugs and Alcohol. We just need to add language so that it covers Minutes: Council member Ballweg: I still as a Council member would like to see what we are approving or how we are changing it. I’m not looking to micromanage, but still be advised. 14)
Consideration of Introduction of Bill No. 513 as Ordinance No.513 an ordinance of the City Council of the City of Mesquite, Nevada, amending Title 5 of the Mesquite Municipal Code “Police Regulations”; amending Chapter 1 “Misdemeanors”; adding Section 14 “Misuse or abuse of city property or services” and other matters properly related thereto.
- Discussion and Possible Action
Minutes: Mayor read this item by its title and asked if there were any questions or comments. Minutes: Council member Rapson: So if I’m reading this correctly, what I get out of this is that it’s going to become a misdemeanor for prank calls on 911, but it does not affect the Jack Walshtype call. Someone that's got mental issues or something. Minutes: Mayor Litman: There has been one particular person, I know in talking with the Chief, that has made so many 911 calls that it’s one after the other, after the other. Then calls from the gentleman from Mars, and so on and so forth, and we’ve been able to do nothing about it. (Multiple speakers at this time.)
Public Comments Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 9
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15)
Public Comment
Minutes: Mayor Litman: Opened up the meeting to Public Comments. There were no speakers.
Adjournment 16)
Adjournment
Minutes: Mayor Litman adjourned the meeting at 1:47PM
____________________________ Allan S. Litman, Mayor
__________________________ Tracy E. Beck, City Clerk
Mesquite Technical Review Meeting Minutes Tuesday, February 21, 2017; 1:30 PM Page 10
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City Council Agenda Item 3 Submitted by: Tracy Beck Submitting Department: Public Works Meeting Date: March 28, 2017
Subject: Consideration of Approval and authorize a two year and eight month Airport Use Agreement with Ed Gines with an option for a five-year renewal to lease Enclosed Hangar Space for Hangar No. 6, located at 1200 Kitty Hawk Drive. - Public Comments - Discussion and Possible Action
Recommendation: Approve Airport Use Agreement through December 31, 2019 for Ed Gines with an option for Five (5) additional years through December 31, 2024. Petitioner: Bill Tanner, Public Works Director Is this a budgeted item? Yes Fiscal Impact: Funds will be placed in GL No. 1234605 (Airport Leases). Background: Thomas Schaumberg has been leasing an Enclosed Hangar from the City of Mesquite since January 2003. On January 1, 2017 Mr. Schaumberg decided not to renew his lease with the City of Mesquite, therefore making this Hangar vacant and available for a future tenant. Public Works contacted interested parties to rent this hangar, in March 2017 Ed Gines asked if we were open to him moving from Hangar No 7 to Hangar No 6, staff agreed to this switch. This agreement will be effective April 1, 2017 and will expire on December 31, 2019 with an option for a five year renewal.
Contract Bid Expires On: 23
Attachments: Gines_AirportUseAgreement_HangarNo6 ExhibitA.pdf
24
AIRPORT USE AGREEMENT This Agreement, made and entered into as of this 28th day of March 2017, by and between the City of Mesquite, a municipal corporation of the State of Nevada, hereinafter referred to as “Owner”, and Ed Gines, hereinafter referred to as “User” and is legally effective April 1, 2017. WITNESSETH: WHEREAS, the User is desirous of leasing property from the City for the purpose of storing personal aircraft together with related equipment and activities, and erecting and maintaining a hangar to facilitate these uses; and WHEREAS, terms and conditions have been arranged between the parties for such operation which they desire to reduce to writing; and NOW, THEREFORE, the parties mutually covenant and agree as follows: 1. Use of Property The Owner hereby grants the right of use, subject to the conditions hereinafter set forth, those certain parcels of land located on the Mesquite Municipal Airport which property is more particularly described in Exhibit “A”, attached hereto and made a part hereof. The subject property shall be used for the sole purpose of storing and maintaining of personal aircraft together with related equipment and accessories. Use of the premises for unauthorized commercial operation or non-airport related purposes shall be grounds for cancellation of this lease Agreement. The City may in its sole discretion, provide a cure period not to exceed sixty (60) days to correct the unauthorized or inappropriate use of the property. This cure period will be noticed through certified mail and email and it’s the Users responsibility to keep information current with the City. This Agreement includes the right of reasonable ingress and egress to and from used area to and from all public parts of the airport and the right to use in conjunction with the property described in Exhibit “A” those common facilities at the airport that are used jointly with other persons in and about the airport, with exclusive use confined to that parcel of property described in Exhibit “A”. 2. Improvements User shall be responsible to erect all improvements upon and around the used property beyond those currently existing to accommodate the uses contemplated herein. Such improvements if any shall commence within 120 days of the date of this Agreement and shall be fully complete within 270 days and in the event of a failure to meet either condition, the Agreement shall terminate if not fully corrected within 30 days of notice. No person shall construct, remodel, erect, add to, or rehabilitate any facility or improvement on the airport property except in compliance with applicable codes and the Airport 1|Page
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Master Plan, if any, only with the prior approval, building permits, and where deemed necessary architectural approval by the City Council. All improvements shall be at the sole expense of User and shall be performed only by a Nevada licensed contractor approved by the City. Upon the expiration or other termination of this Agreement, the User shall have the right to remove any building, equipment, personal property, owned by the User from the premises so long as no damage to City property occurs in the removal process. Such removal shall be effected within ninety (90) days after any such termination. Any equipment or personal property remaining on the premises which are not removed by that time shall become property of the Owner and Owner shall have the right to dispose of the same or retain it at no cost to Owner. No notice to User is required before the exercise by Owner of its rights hereunder. Should the building and personal property or equipment become the property of the Owner under these conditions, the User shall not remove any building, improvement or other structure which has been affixed to the property or any other property equipment as all such improvements shall be deemed the property of the Owner. Should the User violate this provision, the User shall be both civilly and criminally liable for damages. User shall repair any damage to City property within thirty (30) days of notice by City to User of such event. 3. Term A. This Agreement shall be for that period commencing April 1, 2017 and ending, December 31, 2019. Upon the expiration of the term, the User shall have a “right of first refusal” to renew the Agreement, provided, however, that User is not then in default. The renewable term shall be for five (5) years, and the terms and conditions, including user fees, shall be renegotiated at the expiration of the original and renewal term. B. It is expressly acknowledged by the User and the Owner that the use of the present site as an airport may cease during the term of this Agreement. Should the cession of airport use at this site be planned and eminent, the Owner has the right to unilaterally terminate this Agreement upon 90 days written notice. Should the Owner issue a 90 day termination notice, the Owner will make reasonable efforts to provide a similar Agreement at the replacement airport site. It is further acknowledged that effect of a similar Agreement will not incur costs to the Owner and that User will be solely responsible for any removal, relocation and/or reinstallation costs. 4. Notices All notices and subsequent correspondence regarding this Agreement, except for cure letters under Section 1 shall be mailed to the Owner at 10 E. Mesquite Blvd., Mesquite, Nevada, 89027, Attention: Public Works Director or such subsequent address as Owner shall advise User in writing. Such notices shall be deemed delivered following the mailing of such notices in the U.S. Mail. 2|Page
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Adequate notice shall be deemed given at the addresses set forth herein unless written notice is given by either party giving formal notice of a change of address. Notices and correspondence to User shall be mailed to: Ed Gines 2659 Longmeadow Drive Taylorsville UT 84129 801-455-9098
[email protected] 5. Payments User shall pay to the Owner an annual user fee for the above premises at a rate determined by the City Council and as the same may be revised from time to time. The current user fee for an Enclosed Hangar lease is two dollars and fortynine cents ($2.49) per square foot, per year, for 1,428 square feet so as to make the initial annual user fee $3555.72. At such times as Airport user fees are modified by the City Council, the fee provided herein shall change as of the first day of the year immediately following such resolution so as to conform therewith. All fees shall be payable annually on the first day of January of each year. Failure to make these user fee payments required hereunder for any year within fifteen (15) days after commencement of the annual term shall constitute a breach of this Agreement, and upon the expiration of ten (10) days after written notice of the breach is given, the User will forfeit all rights given under this Agreement, and thereupon the Agreement shall terminate and possession of the leased property shall revert to the Owner. 6. Default In the event of a breach of this Agreement by the User, other than a failure to pay the user fee as provided above, or unless specified otherwise herein, Owner shall give notice of breach in writing to the User, and unless the breach is wholly remedied within Sixty (60) days from the certified mailing of such notice of breach, all rights of the User hereunder shall terminate. In the event of termination resulting from a default by User in the performance of any condition herein contained, all improvements upon the leased property and the title and rights of possession thereto shall vest in and be sole property of the Owner, unless otherwise agreed in writing between the parties. 7. Abandonment Upon the occurrence of an apparent abandonment, the Owner may consider it to be a breach and provide notice in writing of termination as a result of such abandonment, and a failure to remedy the apparent abandonment within a 60day period after certified mailing of such notice shall cause this Agreement to become void and possession and property rights to revert to the Owner as in the 3|Page
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case of a default. Any personal property or equipment remaining upon the premises more than Sixty (60) days after termination hereunder shall become the property of Owner, and Owner shall have the right to dispose of the same or retain it at no cost to Owner. No notice shall be required in connection with Owner’s right to clean up or take over vacated premises in order to re-rent other than the notice hereinabove provided. 8. Obligations of the User Obligations to be assumed by the User shall include, but not be limited to, the following: A. To maintain the property and supervise its activities thereon in such a manner as to keep it in a safe and attractive condition. The premises shall not be used for the storage of inoperable or unsightly or non-airport related materials or equipment or for any other non-airport related uses. B. To conform to all current and future rules and regulations applicable to User by reason of the Master Plan, rules and regulations, policies, standards, and ordinances with respect to the Mesquite Airport, together with all other laws of the City or any other governmental body that have application to any of the activities covered under this lease, including safety, health and sanitary codes. The User agrees that failure to comply with such provisions is a material breach which may terminate this Agreement at the option of the City. User under lease agreement will be notified by certified mail of any proposed changes to Master Plan, rules and regulations, policies or standards proposed by Mesquite Airport. C. To be solely responsible for any damages or losses that may occur to the used property, unless caused by the willful, intentional or negligent act of the Owner, its agents or employees. The User is aware of and accepts the used property in as-is its present condition. D. To maintain insurance coverage for liability in the amount of $1,000,000.00 combined limit for a single occurrence, naming Owner as an additional insured on the policy. Proof of this liability insurance coverage shall be provided to the Owner each year with rental payments. The User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused wholly by the negligence, intentional acts or omissions of User, its agents or employees. E. User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character 4|Page
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and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of the User’s operations. F. To provide such vehicle parking, fire protection, and other requirements of the City of Mesquite applicable to building on and improvement of the property as may be required by ordinance and the Airport Master Plan and subsequently enforced by the City staff. G. To pay for any utilities that may in the future be provided to the premises, and to pay any taxes or assessments that may be properly levied against the used premises or improvements. H. To maintain the used premises in such condition of repair, cleanliness, and general maintenance as shall be acceptable to the Owner. I.
To assign, rent or sublease any part of the premises only for airport purposes and only with provision of names and proof of insurance to the City as noted in reference “8d”. Commercial use of leased premises will not be allowed.
J. To at all times during the term of this Agreement comply with all applicable federal, state and local laws and to not permit the used premises or any portion thereof to be used or operated unlawfully. K. To in no manner encumber the premises or permit, through its actions, any liens to be filled against the premises, indemnifying Owner, against loss or expense it may incur as the result of any such lien or encumbrance. L. To in no manner allow its operations to conflict with any other airport operations. M. To allow the Owner reasonable access to the premise for the purpose of determining conformation to the lease conditions or for any other lawful purpose. 9. Reservations to the Owner Owner reserves the following rights and privileges, among others; A. The right to develop, further improve or maintain and repair the Airport as it sees fit. The Owner reserves the right to direct and control the above activities. B. The right of flight for the passage of aircraft in the airspace above the surface of the premises hereby used, for the use and benefit of the public, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft using said airspace or landing at, taking off from, or operating on the Airport. 5|Page
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C. The right to take any action it deems necessary to protect the aerial approaches against obstruction together with the right to prevent the erection of any building or any other structure on the Airport which in the opinion of the Owner would limit the usefulness of the Airport or constitute a hazard to aircraft. D. The right to temporarily close the airport or any facility or any part thereof, for maintenance or improvement or for the safety of the public without liability to the User. E. The right of any Airport Manager or a designated representative to enter on any facility or property on the airport at reasonable times and for reasonable purposes without prior notice to User. F. The right of Owner to move the facilities upon the premises used hereunder to a new location on said airport property at the Owner’s expenses, any time during the existence of this Agreement, and in that event, the Owner agrees to honor the terms and conditions of this Agreement for the new location for the unexpired term of this Agreement except as otherwise provided herein. G. The right to require User to abide by all instructions of the Owner with respect to User’s compliance with existing and future federal or state requirements, including all requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights of 1964, and any provisions of said regulations as may in the future be amended. Any breach or violation in that regard shall properly entitle Owner to re-enter and re-possess the property and facilities after giving the notice to terminate required as noted in reference “6”. 10. Damage to Premises It is agreed that in the event the use by User or its agents of these premises and the property used hereunder results in any damage to any facility of the airport, including but not limited to hangars, buildings, runways, taxiway, roads, utility extensions, lighting, signs, towers or any other similar facility, the User shall be strictly responsible for all said damages and shall either arrange for repair thereof, to a condition equivalent to that existing prior to the damage, or shall pay a fee equal to the cost of repair to the Owner within in 10 days notice by Owner. This contract right shall not require a showing of any negligence on the part of User.
30 6|Page
11. Additional Obligations of the Owner: A. Provide fire protection to the building. Fire protections systems such as hydrants risers or a sprinkler system shall be the obligation of the User. B. See that all public facilities at the Airport are maintained in proper condition for the health and safety of those using or visiting the airport. C. Coordinate the activities of the Fixed Base Operators and any other users or lessees at the airport. D. Promote the airport and all its activities. 12. Non-Exclusive Grant This Agreement shall not be construed as an exclusive use of any part of the airport other than described in Exhibit “A”.
The remainder of this page is intentionally left blank.
31 7|Page
13.
Miscelloneous
Agreement sholl be binding upon the heirs, ossigns, receiver, or successors in interest of the porties, ond should either porty defoult on ony of the terms of this Agreement; the porty in defoult ogrees to poy ihe costs of enforcing the some, whether by legol process or by otherwise, including reosonoble ottorney's fees. This
W¡TNESS THE HANDS AND SEATS
OWNER:
Ot
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USER:
CITY OF MESQUITE
Allon S. Litmon, Moyor
Ed Gines
3 7 Dote
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ATTEST:
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Beck, City Clerk
Dote APPROVED AS TO FORM
Robert Sweetín, City Atiorney
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32
114°3'30"W
Hangar Lessee's
Fir eS
BLM
10 9 City Owned Hangars
8 7 6 5 4 3
16 16 C B 1 16 6D A 16 17 15 18
2
36°50'0"N
2 13 0 12 21 11 22 10 23 D
1A 1
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Air
1City 1A - Harper 2Seals 3French 4Skydive Mesquite LLC 5Hoffman 6Gines 7The Aki Group LLC 8Guiver 9Wingnuts Inc 10 - Corporate Air Service Inc 10A - AVAILABLE 10B - AVAILABLE 10C - Remains Open 10D - AVAILABLE 11 - Frntseat Aviation LLC 12 - Irace 13 - Wurfel 14 - Remains Open 15 - Olsen 16 - Finch 16A - Blair 16B - Harper 16C - Skydive Mesquite LLC 16D - Kowalewski 17 - Bond 18 - Soderquist 19 - Remains Open 20 - Sando 21 - Christensen 22 - Meier 23 - Tell 24 - Remains Open 25 - AVAILABLE 26 - AVAILABLE Space must remain open
10 25 B 10 26 A FB
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Exhibit "A" City of Mesquite Airport 1200 Kitty Hawk Drive Mesquite, Nevada
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33 114°3'30"W
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Updated February 2017
36°50'0"N
City Council Agenda Item 4 Submitted by: Tracy Beck Submitting Department: Public Works Meeting Date: March 28, 2017
Subject: Consideration of Approval and authorize a two year and eight month Airport Use Agreement with The Aki Group LLC with an option for a five-year renewal to lease Enclosed Hangar Space for Hangar No. 7, located at 1200 Kitty Hawk Drive. - Public Comments - Discussion and Possible Action
Recommendation: Approve Airport Use Agreement through December 31, 2019 for The Aki Group LLC with an option for Five (5) additional years through December 31, 2024. Petitioner: Bill Tanner, Public Works Director Is this a budgeted item? Yes Fiscal Impact: Funds will be placed in GL No. 1234605 (Airport Leases). Background: Ed Gines has been leasing an Enclosed Hangar from the City of Mesquite since January 2004. In April 2017 Rod MacLennan with The Aki Group LLC will be taking over the lease on Hangar No. 7 from the City of Mesquite, referenced as 1200 Kitty Hawk Drive Hangar No. 7 in Exhibit “A”. This agreement will be effective April 1, 2017 and will expire on December 31, 2019 with an option for a five year renewal.
Contract Bid Expires On:
Attachments: Cover Sheet
34
TheAkiGroupLLC_AirportUseAgreement_HangarNo7 ExhibitA.pdf
35
114°3'30"W
Hangar Lessee's
Fir eS
BLM
10 9 City Owned Hangars
8 7 6 5 4 3
16 16 C B 1 16 6D A 16 17 15 18
2
36°50'0"N
2 13 0 12 21 11 22 10 23 D
1A 1
tat i
on
2&
Me
rcy
Air
1City 1A - Harper 2Seals 3French 4Skydive Mesquite LLC 5Hoffman 6Gines 7The Aki Group LLC 8Guiver 9Wingnuts Inc 10 - Corporate Air Service Inc 10A - AVAILABLE 10B - AVAILABLE 10C - Remains Open 10D - AVAILABLE 11 - Frntseat Aviation LLC 12 - Irace 13 - Wurfel 14 - Remains Open 15 - Olsen 16 - Finch 16A - Blair 16B - Harper 16C - Skydive Mesquite LLC 16D - Kowalewski 17 - Bond 18 - Soderquist 19 - Remains Open 20 - Sando 21 - Christensen 22 - Meier 23 - Tell 24 - Remains Open 25 - AVAILABLE 26 - AVAILABLE Space must remain open
10 25 B 10 26 A FB
O
Op
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Exhibit "A" City of Mesquite Airport 1200 Kitty Hawk Drive Mesquite, Nevada
art ers Pil o
t's L
36 114°3'30"W
ou
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e
Updated February 2017
36°50'0"N
AIRPORT USE AGREEMENT This Agreement, made and entered into as of this 28th day of March 2017, by and between the City of Mesquite, a municipal corporation of the State of Nevada, hereinafter referred to as “Owner”, and The Aki Group LLC, hereinafter referred to as “User” and is legally effective April 1, 2017. WITNESSETH: WHEREAS, the User is desirous of leasing property from the City for the purpose of storing personal aircraft together with related equipment and activities, and erecting and maintaining a hangar to facilitate these uses; and WHEREAS, terms and conditions have been arranged between the parties for such operation which they desire to reduce to writing; and NOW, THEREFORE, the parties mutually covenant and agree as follows: 1. Use of Property The Owner hereby grants the right of use, subject to the conditions hereinafter set forth, those certain parcels of land located on the Mesquite Municipal Airport which property is more particularly described in Exhibit “A”, attached hereto and made a part hereof. The subject property shall be used for the sole purpose of storing and maintaining of personal aircraft together with related equipment and accessories. Use of the premises for unauthorized commercial operation or non-airport related purposes shall be grounds for cancellation of this lease Agreement. The City may in its sole discretion, provide a cure period not to exceed sixty (60) days to correct the unauthorized or inappropriate use of the property. This cure period will be noticed through certified mail and email and it’s the Users responsibility to keep information current with the City. This Agreement includes the right of reasonable ingress and egress to and from used area to and from all public parts of the airport and the right to use in conjunction with the property described in Exhibit “A” those common facilities at the airport that are used jointly with other persons in and about the airport, with exclusive use confined to that parcel of property described in Exhibit “A”. 2. Improvements User shall be responsible to erect all improvements upon and around the used property beyond those currently existing to accommodate the uses contemplated herein. Such improvements if any shall commence within 120 days of the date of this Agreement and shall be fully complete within 270 days and in the event of a failure to meet either condition, the Agreement shall terminate if not fully corrected within 30 days of notice. No person shall construct, remodel, erect, add to, or rehabilitate any facility or improvement on the airport property except in compliance with applicable codes and the Airport 1|Page
37
Master Plan, if any, only with the prior approval, building permits, and where deemed necessary architectural approval by the City Council. All improvements shall be at the sole expense of User and shall be performed only by a Nevada licensed contractor approved by the City. Upon the expiration or other termination of this Agreement, the User shall have the right to remove any building, equipment, personal property, owned by the User from the premises so long as no damage to City property occurs in the removal process. Such removal shall be effected within ninety (90) days after any such termination. Any equipment or personal property remaining on the premises which are not removed by that time shall become property of the Owner and Owner shall have the right to dispose of the same or retain it at no cost to Owner. No notice to User is required before the exercise by Owner of its rights hereunder. Should the building and personal property or equipment become the property of the Owner under these conditions, the User shall not remove any building, improvement or other structure which has been affixed to the property or any other property equipment as all such improvements shall be deemed the property of the Owner. Should the User violate this provision, the User shall be both civilly and criminally liable for damages. User shall repair any damage to City property within thirty (30) days of notice by City to User of such event. 3. Term A. This Agreement shall be for that period commencing April 1, 2017 and ending, December 31, 2019. Upon the expiration of the term, the User shall have a “right of first refusal” to renew the Agreement, provided, however, that User is not then in default. The renewable term shall be for five (5) years, and the terms and conditions, including user fees, shall be renegotiated at the expiration of the original and renewal term. B. It is expressly acknowledged by the User and the Owner that the use of the present site as an airport may cease during the term of this Agreement. Should the cession of airport use at this site be planned and eminent, the Owner has the right to unilaterally terminate this Agreement upon 90 days written notice. Should the Owner issue a 90 day termination notice, the Owner will make reasonable efforts to provide a similar Agreement at the replacement airport site. It is further acknowledged that effect of a similar Agreement will not incur costs to the Owner and that User will be solely responsible for any removal, relocation and/or reinstallation costs. 4. Notices All notices and subsequent correspondence regarding this Agreement, except for cure letters under Section 1 shall be mailed to the Owner at 10 E. Mesquite Blvd., Mesquite, Nevada, 89027, Attention: Public Works Director or such subsequent address as Owner shall advise User in writing. Such notices shall be deemed delivered following the mailing of such notices in the U.S. Mail. 2|Page
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Adequate notice shall be deemed given at the addresses set forth herein unless written notice is given by either party giving formal notice of a change of address. Notices and correspondence to User shall be mailed to: The Aki Group LLC Attn: Rod MacLennan 1771 Whitney Mesa Drive Henderson NV 89014 907-229-8983
[email protected] 5. Payments User shall pay to the Owner an annual user fee for the above premises at a rate determined by the City Council and as the same may be revised from time to time. The current user fee for an Enclosed Hangar lease is two dollars and fortynine cents ($2.49) per square foot, per year, for 1,530 square feet so as to make the initial annual user fee $3809.70. At such times as Airport user fees are modified by the City Council, the fee provided herein shall change as of the first day of the year immediately following such resolution so as to conform therewith. All fees shall be payable annually on the first day of January of each year. Failure to make these user fee payments required hereunder for any year within fifteen (15) days after commencement of the annual term shall constitute a breach of this Agreement, and upon the expiration of ten (10) days after written notice of the breach is given, the User will forfeit all rights given under this Agreement, and thereupon the Agreement shall terminate and possession of the leased property shall revert to the Owner. 6. Default In the event of a breach of this Agreement by the User, other than a failure to pay the user fee as provided above, or unless specified otherwise herein, Owner shall give notice of breach in writing to the User, and unless the breach is wholly remedied within Sixty (60) days from the certified mailing of such notice of breach, all rights of the User hereunder shall terminate. In the event of termination resulting from a default by User in the performance of any condition herein contained, all improvements upon the leased property and the title and rights of possession thereto shall vest in and be sole property of the Owner, unless otherwise agreed in writing between the parties. 7. Abandonment Upon the occurrence of an apparent abandonment, the Owner may consider it to be a breach and provide notice in writing of termination as a result of such abandonment, and a failure to remedy the apparent abandonment within a 60day period after certified mailing of such notice shall cause this Agreement to become void and possession and property rights to revert to the Owner as in the 3|Page
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case of a default. Any personal property or equipment remaining upon the premises more than Sixty (60) days after termination hereunder shall become the property of Owner, and Owner shall have the right to dispose of the same or retain it at no cost to Owner. No notice shall be required in connection with Owner’s right to clean up or take over vacated premises in order to re-rent other than the notice hereinabove provided. 8. Obligations of the User Obligations to be assumed by the User shall include, but not be limited to, the following: A. To maintain the property and supervise its activities thereon in such a manner as to keep it in a safe and attractive condition. The premises shall not be used for the storage of inoperable or unsightly or non-airport related materials or equipment or for any other non-airport related uses. B. To conform to all current and future rules and regulations applicable to User by reason of the Master Plan, rules and regulations, policies, standards, and ordinances with respect to the Mesquite Airport, together with all other laws of the City or any other governmental body that have application to any of the activities covered under this lease, including safety, health and sanitary codes. The User agrees that failure to comply with such provisions is a material breach which may terminate this Agreement at the option of the City. User under lease agreement will be notified by certified mail of any proposed changes to Master Plan, rules and regulations, policies or standards proposed by Mesquite Airport. C. To be solely responsible for any damages or losses that may occur to the used property, unless caused by the willful, intentional or negligent act of the Owner, its agents or employees. The User is aware of and accepts the used property in as-is its present condition. D. To maintain insurance coverage for liability in the amount of $1,000,000.00 combined limit for a single occurrence, naming Owner as an additional insured on the policy. Proof of this liability insurance coverage shall be provided to the Owner each year with rental payments. The User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of damages or injuries to third persons or their property caused wholly by the negligence, intentional acts or omissions of User, its agents or employees. E. User also agrees to indemnify fully, defend, save, and hold harmless the Owner, its officers, agents and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind, character 4|Page
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and nature as well as costs and fees, including reasonable attorney’s fees connected therewith, and expenses of the investigation thereof, based upon or arising out of the User’s operations. F. To provide such vehicle parking, fire protection, and other requirements of the City of Mesquite applicable to building on and improvement of the property as may be required by ordinance and the Airport Master Plan and subsequently enforced by the City staff. G. To pay for any utilities that may in the future be provided to the premises, and to pay any taxes or assessments that may be properly levied against the used premises or improvements. H. To maintain the used premises in such condition of repair, cleanliness, and general maintenance as shall be acceptable to the Owner. I.
To assign, rent or sublease any part of the premises only for airport purposes and only with provision of names and proof of insurance to the City as noted in reference “8d”. Commercial use of leased premises will not be allowed.
J. To at all times during the term of this Agreement comply with all applicable federal, state and local laws and to not permit the used premises or any portion thereof to be used or operated unlawfully. K. To in no manner encumber the premises or permit, through its actions, any liens to be filled against the premises, indemnifying Owner, against loss or expense it may incur as the result of any such lien or encumbrance. L. To in no manner allow its operations to conflict with any other airport operations. M. To allow the Owner reasonable access to the premise for the purpose of determining conformation to the lease conditions or for any other lawful purpose. 9. Reservations to the Owner Owner reserves the following rights and privileges, among others; A. The right to develop, further improve or maintain and repair the Airport as it sees fit. The Owner reserves the right to direct and control the above activities. B. The right of flight for the passage of aircraft in the airspace above the surface of the premises hereby used, for the use and benefit of the public, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft using said airspace or landing at, taking off from, or operating on the Airport. 5|Page
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C. The right to take any action it deems necessary to protect the aerial approaches against obstruction together with the right to prevent the erection of any building or any other structure on the Airport which in the opinion of the Owner would limit the usefulness of the Airport or constitute a hazard to aircraft. D. The right to temporarily close the airport or any facility or any part thereof, for maintenance or improvement or for the safety of the public without liability to the User. E. The right of any Airport Manager or a designated representative to enter on any facility or property on the airport at reasonable times and for reasonable purposes without prior notice to User. F. The right of Owner to move the facilities upon the premises used hereunder to a new location on said airport property at the Owner’s expenses, any time during the existence of this Agreement, and in that event, the Owner agrees to honor the terms and conditions of this Agreement for the new location for the unexpired term of this Agreement except as otherwise provided herein. G. The right to require User to abide by all instructions of the Owner with respect to User’s compliance with existing and future federal or state requirements, including all requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-Discrimination in Federally Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights of 1964, and any provisions of said regulations as may in the future be amended. Any breach or violation in that regard shall properly entitle Owner to re-enter and re-possess the property and facilities after giving the notice to terminate required as noted in reference “6”. 10. Damage to Premises It is agreed that in the event the use by User or its agents of these premises and the property used hereunder results in any damage to any facility of the airport, including but not limited to hangars, buildings, runways, taxiway, roads, utility extensions, lighting, signs, towers or any other similar facility, the User shall be strictly responsible for all said damages and shall either arrange for repair thereof, to a condition equivalent to that existing prior to the damage, or shall pay a fee equal to the cost of repair to the Owner within in 10 days notice by Owner. This contract right shall not require a showing of any negligence on the part of User.
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11. Additional Obligations of the Owner: A. Provide fire protection to the building. Fire protections systems such as hydrants risers or a sprinkler system shall be the obligation of the User. B. See that all public facilities at the Airport are maintained in proper condition for the health and safety of those using or visiting the airport. C. Coordinate the activities of the Fixed Base Operators and any other users or lessees at the airport. D. Promote the airport and all its activities. 12. Non-Exclusive Grant This Agreement shall not be construed as an exclusive use of any part of the airport other than described in Exhibit “A”.
The remainder of this page is intentionally left blank.
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13. Miscell¡rneous
Agreement sholl be binding upon the heirs, cssigns, receiver, or successors in interest of the porlies, ond should either porty defoull on ony of the ierms of this Agreement; the porty in defouli qgrees lo poy the costs of enforcing the some, whether by legolprocess or by otherwise, including reosonoble oltorney's fees. This
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Roberl Sweetin, City Attorney
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City Council Agenda Item 5 Submitted by: Robert Sweetin Submitting Department: City Attorney Meeting Date: March 28, 2017
Subject: Presentation of a quarterly update pursuant to the State Board or Education R142-16 by Jeff Hybarger, Clark County Schools Associate Superintendent . - Public Comment - Discussion and Possible Action Recommendation: Accept the presentation. Petitioner: Robert Sweetin, City Attorney Is this a budgeted item? No Fiscal Impact: None Background: State Board of Education Regulation R142-16 now requires a quarterly presentation by the Associate Superintendent over Virgin Valley Schools to provide an update and presentation on the State of local schools to the City Council on a quarterly basis.
Contract Bid Expires On:
Attachments:
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City Council Agenda Item 6 Submitted by: Richard Secrist Submitting Department: Development Services Meeting Date: March 28, 2017
Subject: Consideration of Resolution No. 920 appointing a Capital Improvements Advisory Committee for the Transportation Capital Improvement Plan. - Public Comment - Discussion and Possible Action Recommendation: Pass Resolution No. 920 and appoint the members of the Capital Improvements Advisory Committee. Petitioner: Richard Secrist, Development Services Director Is this a budgeted item? No Fiscal Impact: None Background: The City of Mesquite collects Transportation Impact Fees to assure that new development contributes its proportionate share to roadway improvements identified in the Transportation Capital Improvements Plan and the Master Plan of the City. Section 278B.150, Nevada Revised Statutes, provides that the governing body of the local government must establish by resolution a capital improvements advisory committee to review and make recommendations on any Capital Improvements Plan. The Capital Improvements Advisory Committee will work with the City’s consultant, (not yet selected), to review and update the Transportation Capital Improvement Plan, which must be updated every three years.
Contract Bid Expires On:
Attachments: Res. No. 920 TCIP Advisory Committee.doc
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RESOLUTION NUMBER 920 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MESQUITE, REAPPOINTING A CAPITAL IMPROVEMENTS ADVISORY COMMITTEE FOR THE TRANSPORTATION CAPITAL IMPROVEMENT PLAN. WHEREAS, Chapter 278B, Nevada Revised Statutes, authorizes local governments to collect impact fees for new development; and WHEREAS, Section 278B.150, Nevada Revised Statutes, provides that the governing body of the local government must establish by resolution a capital improvements advisory committee, prior to imposing an impact fee; and WHEREAS, on May 26, 1998 the City Council of the City of Mesquite adopted Ordinance No. 208 (Transportation Impact Fee Ordinance, 9-12 of the Unified Development Code); and WHEREAS, the City of Mesquite collects Transportation Impact Fees to assure that new development contributes its proportionate share to roadway improvements identified in the Transportation Capital Improvements Plan and the Master Plan of the City; and WHEREAS, on July 13, 1999 the City Council of the City of Mesquite adopted Resolution No. 218 appointing a Citizens Advisory Technical Committee for the Transportation Capital Improvement Plan; and WHEREAS, Section 278B.290 Nevada Revised Statutes provides that each local government which imposes an impact fee shall review and may revise the land use assumptions and capital improvements plan at least once every 3 years; and WHEREAS, the City of Mesquite Transportation Capital Improvement Plan was last reviewed and updated in December of 2013; and WHEREAS, the City of Mesquite now wishes to begin the process of reviewing and updating the Transportation Capital Improvement Plan again, and WHEREAS, the Transportation Capital Improvement Plan requires input from individuals knowledgeable of the development field and of future development trends; NOW, THEREFORE, IT IS HEREBY RESOLVED, by the Mayor and City Council of Mesquite that the individuals listed on Exhibit A of this resolution are hereby appointed to serve as the Capital Improvements Advisory Committee for the Transportation Capital Improvement Plan and updates thereto;
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Resolution #920 Capital Improvements Advisory Committee
FURTHER, it is resolved that this committee will consist of at least 5, but not more than 8 members; and FURTHER MORE, it is resolved that a representative of the Development Services Department of the City of Mesquite will act as chairman of this committee. PASSED AND APPROVED this 28th day of March, 2017 for the reasons and purposes set forth herein.
By: ________________________ Allan S. Litman, Mayor
ATTEST: BY:________________________ Tracy Beck, City Clerk
Approved as to Form By:________________________ Robert Sweetin, City Attorney
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Resolution #920 Capital Improvements Advisory Committee
Exhibit “A”
Applications of those interested committee members and the community sectors they represent are as follows:
Kevin Brown, VVWD John Schippert, Pulte Del Webb Rachel Dahl, MRBI David Bennett, Fidelity National Title Richard Secrist, Director Travis Anderson, City Engineer
Utility Companies Active Developers Economic Development Citizen At Large City of Mesquite Development Services City of Mesquite Public Works
49 -3-
City Council Agenda Item 7 Submitted by: Tracy Beck Submitting Department: Mayor and Council Meeting Date: March 28, 2017
Subject: PROCLAMATION - Mayor and County Recognition Day for National Services.
- Discussion and Possible Action Recommendation: Acceptance of Proclamation for the Mayor and County Recognition Day for National Services. Petitioner: Allan S. Litman, Mayor Is this a budgeted item? No Fiscal Impact: None Background: See attached Proclamation Contract Bid Expires On:
Attachments: MesquiteNationalService Proclamation.docx
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Mayor and County Recognition Day for National Service Proclamation
WHEREAS, service to others is a hallmark of the American character, and central to how we meet our challenges; and WHEREAS, the nation’s counties are increasingly turning to national service and volunteerism as a costeffective strategy to meet county needs; and WHEREAS, participants in AmeriCorps, VISTA and Senior Corps address the most pressing challenges facing our cities and nation, from educating students for jobs of the 21st century and supporting veterans and military families to providing health services and helping communities recover from natural disasters; and WHEREAS, national service expands economic opportunity by creating more sustainable, resilient communities and providing education, career skills, and leadership abilities for those who serve; and WHEREAS AmeriCorps, VISTA and Senior Corps participants serve in more than 50,000 locations across the country, including one in Mesquite bolstering the civic, neighborhood, and faith-based organizations that are so vital to our county’s economic and social well-being; and WHEREAS, three national service participants serve in Mesquite, providing vital support to city residents and improving the quality of life in our city; and WHEREAS, national service participants increase the impact of the organizations they serve, both through their service and by managing millions of additional volunteers; and WHEREAS, national service participants demonstrate commitment, dedication, and patriotism by making an intensive commitment to service, a commitment that remains with them in their future endeavors; and WHEREAS, the Corporation for National and Community Service shares a priority with city and county officials nationwide to engage citizens, improve lives, and strengthen communities; and is joining with the National League of Cities, National Association of Counties, Cities of Service, and mayors and county officials across the country for the Mayor and County Recognition Day for National Service on April 4, 2017. THEREFORE, BE IT RESOLVED that I, Allan S. Litman, Mayor of Mesquite, NV, do hereby proclaim April 4, 2017, as National Service Recognition Day, and encourage residents to recognize the positive impact of national service in our community and thank those who serve; and to find ways to give back to their communities. ______________________________ Allan S. Litman, Mayor
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City Council Agenda Item 8 Submitted by: Tracy Beck Submitting Department: Mayor and Council Meeting Date: March 28, 2017
Subject: PROCLAMATION - Endeavor Community Service Pageant Day - April 3, 2017 - Discussion and Possible Action Recommendation: Accept the Proclamation of Endeavor community Service Pageant Day - April 3, 2017
Petitioner: Allan S. Litman, Mayor Is this a budgeted item? No Fiscal Impact: None Background: See attached Proclamation Contract Bid Expires On:
Attachments: Proclamation - Endeavor Community Service Pageant Day.docx
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PROCLAMATION WHEREAS, the Endeavor Pageant Organization was developed by Andre’ Haynes, its President in 2015 in the State of Nevada and County of Clark; and WHEREAS, the Endeavor Community Service Pageant program was developed by Andre’ Haynes, its Director and Nicole Duffel, its Co-Director in 2015; and WHEREAS, the mission of the Endeavor Community Service Pageant is to provide a platform for women to make a positive community impact; and WHEREAS, women make a positive community impact through service including making appearances at events such as the Henderson Heritage Parade; and WHEREAS, women make a positive community impact through service including fundraising for charitable events such as the Walk For Wishes presented by Allegiant and Caesars Foundation benefiting Make A Wish Foundation of America; and WHEREAS, women make a positive community impact through service including participating in media interviews such as on the EMG Radio Show broadcast on 91.5 The Rebel-HD2 (UNLV); and WHEREAS, women make a positive community impact through service including giving public speeches to students at events such as Career Day at Wing and Lilly Fong Elementary School of the Clark County School District; and WHEREAS, women make a positive community impact through service including volunteering their time to feed homeless and hungry families on Thanksgiving Day at Catholic Charities of Southern Nevada; and WHEREAS, women make a positive community impact by partnering with renowned charities that share their platform interests to promote awareness such as Street Teens, whose mission is to help homeless and at-risk teens move off the streets by Survival, Trust, Resources, Education, Empowerment and The Results; and NOW, THEREFORE BE IT PROCLAIMED that in recognition of women who are delegates of the Endeavor Community Service Pageant and their endeavors to make a positive community impact for the benefit of all Nevadans, I proclaim April 3, 2017 as Endeavor Community Service Pageant Day. _____________________________________
Allan S. Litman, Mayor 53
City Council Agenda Item Report Submitted by: Tracy Beck Submitting Department: City Manager Meeting Date: March 28, 2017
Subject: Mayor's Comments Recommendation: Petitioner: Andy Barton, City Manager Is this a budgeted item? No Fiscal Impact:
Background: Contract Bid Expires On: Attachments:
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City Council Agenda Item Report Submitted by: Tracy Beck Submitting Department: City Clerk Meeting Date: March 28, 2017
Subject: City Council and Staff Reports Recommendation: Petitioner: Andy Barton, City Manager Is this a budgeted item? No Fiscal Impact:
Background: Contract Bid Expires On: Attachments:
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City Council Agenda Item 11 Submitted by: Jesselyn Bickley Submitting Department: Development Services Meeting Date: March 28, 2017
Subject: Consideration of Approval of a Beer, Wine and Spirit-Based Products liquor license for Mesquite Mart, LLC, DBA as DinoMart at 121 S. Falcon Ridge Parkway. - Public Comment - Discussion and Possible Action Recommendation: Approve the Beer, Wine and Spirit-Based Products license for Mesquite Mart LLC, DBA Dino Mart. Petitioner: Jesselyn Bickley Is this a budgeted item? No Fiscal Impact: The City will receive revenue to GL Account 10-32-110 for semi-annual renewals. Background: Derek, Kraig and Jade Hafen are owners of Mesquite Mart LLC, dba Dino Mart at 121 South Falcon Ridge Parkway. Each has passed the background check. Jade Hafen will be the key employee as well. Contract Bid Expires On:
Attachments: Mesquite Municipal Code 2-4-D.docx Mesquite Mart LLC App.pdf Kraig Hafen Approval.pdf Derek Hafen Approval.pdf Jade Hafen Approval.pdf
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Title 2, Chapter 4, Section D, Purpose and Intent; License Required; Issuance Prohibited to Designated Person, lists why the permit would not be issue: D. In conformity with the policy of this chapter, the following persons are declared not to be qualified to hold a license under the provisions of this chapter: 1. A person who does not possess or who does not have a reputation for possessing a good moral character; 2. A person who is under the age of twenty one (21) years; 3. A person who has been convicted of a crime of moral turpitude; 4. A person who the city council, after investigation, determines is not a suitable person to receive or hold a license, after due consideration for the protection of the public health, safety, morals, good order and general welfare of the inhabitants of the city; 5. A person who illegally resides in the United States; 6. A person whose license, issued under the provisions of this chapter or those ordinances or statutes of any other agency lawfully engaged in the licensing or regulation of liquor sales, has been revoked for cause; 7. A person who, at the time of renewal of any license issued under this chapter, would not be eligible for such license upon a first application; 8. A partnership, limited partnership, association or limited liability company, unless all of the managers and members of such partnership, limited partnership, association or limited liability company are qualified and have obtained a license; 9. A corporation, if an officer or director thereof would not be eligible to receive a license for any reason other than citizenship and/or residency; 10. A corporation or limited liability company, unless it is incorporated or organized in the state of Nevada, or unless it is a foreign corporation which is qualified under Nevada law to transact business in Nevada; 11. A person whose place of business is controlled by a manager or agent unless such manager or agent possesses the same qualifications required of an individual licensee; 12. A person who does not beneficially own the premises for which a license is sought or does not have a lease thereon for the full period for which the license is to be used; 13. A person who is not a beneficial owner of the business to be operated by the licensee. E. In conformity with the policy of this chapter, the council may deny a license upon its discretion when: 1. In the judgment of the council, the granting of such license may tend to create or constitute a public nuisance; 2. By granting of such license, a disorderly house or place may be maintained; 3. The granting of such license may seriously and adversely affect the valuation of neighboring, adjoining, and/or contiguous property; 4. The council, after investigation, is satisfied that the applicant is not a fit and proper person to operate the business contemplated by his application;
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5. In the judgment of the council there are ample and sufficient licensees and establishments in the area or place for which the license is to be used to properly serve such area or place; or 6. For any other good and sufficient reason.
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City Council Agenda Item 12 Submitted by: Richard Secrist Submitting Department: Development Services Meeting Date: March 28, 2017
Subject: Consideration of Architectural and Site Plan Review Case No. ASR-17-001 (Eagles Landing Travel Plaza) to approve the site development plan and conceptual architectural design of a truck stop convenience store at 1950 West Pioneer Boulevard on 25 acres of Lot 305 of the Mesquite Technology and Commerce Center Phase 3 Commercial Subdivision. Light Industrial (IR-1) Zone. - Public Comment - Discussion and Possible Action Recommendation: Staff recommends approval of Architectural and Site Plan Review Case No. ASR-16-007, but without the full off-sale liquor store, subject to staff recommendations and Standard Conditions: Petitioner: Richard Secrist, Development Services Director Is this a budgeted item? No Fiscal Impact: None Background: The 333 Eagles Landing group is requesting an Architectural and Site Plan Review for a new onestory, 18,286 square foot Fuel and Convenience Store and a 2,600 square foot Tire Store to be built at on 25 acres at 1950 W Pioneer Boulevard. The Eagles Landing Travel Center will provide fueling, retail, and restaurant services to truckers and the traveling public. A Wendy’s Restaurant is proposed in the south end of the Convenience Store building, and will be about 3,200 square feet in size. There will be a drive-thru window on the south side. A tire store will be located at the northeast corner of the site on a pad just off Lower Flat Top Drive. There are a total of 84 automobile parking spaces (including 4 handicap spaces), 74 truck parking spaces, and 8 RV spaces. 66
Vehicle access to the site is from Lower Flat Top Drive. One driveway straddles the north property line between Lots 1 and 2, and a second driveway is approximately midway between the north property line and the I-15 on-ramp.
Contract Bid Expires On:
Attachments: ASR-17-001_StaffMemo.doc ASR-17-001_App&Plans.pdf
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TO:
Honorable Mayor and City Council
FROM:
Richard Secrist, Development Services Director
DATE:
March 10, 2017
RE:
Consideration of Architectural and Site Plan Review Case No. ASR-17-001 (Eagles Landing Travel Plaza) to approve the site development plan and conceptual architectural design of a truck stop convenience store at 1950 West Pioneer Boulevard on 25 acres of Lot 305 of the Mesquite Technology and Commerce Center Phase 3 Commercial Subdivision. Light Industrial (IR-1) Zone.
Background The 333 Eagles Landing group is requesting an Architectural and Site Plan Review for a new one-story, 18,286 square foot Fuel and Convenience Store and a 2,600 square foot Tire Store to be built at 1950 W Pioneer Boulevard. The Eagles Landing Travel Center will provide fueling, retail, and restaurant services to truckers and the traveling public.
A Wendy’s Restaurant is proposed in the south end of the Convenience Store building, and will be about 3,200 square feet in size. There will be a drive-thru window on the south side. A tire store will be located at the northeast corner of the site on a pad just off Lower Flat Top Drive.
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Case No: ASR-17-001 (Eagles Landing Travel Plaza) Date: March 28, 2017 Page: 2
Eagles Landing is also proposing to have a Package Liquor Store (Off-Sale Liquor) in the convenience store. However, the current liquor licensing regulations do not permit this. Section 2-4-6(D)(3) states: “The sale of liquor other than beer, wine, and spirit based products, in a convenience store, gasoline sales establishment, or other similar business, is prohibited.” There are a total of 84 automobile parking spaces (including 4 handicap spaces), 74 truck parking spaces, and 8 RV spaces. Staff estimates 82 spaces are required. Approximately 22 percent of the site is landscaped open space, where the code requires a minimum of 15%. Vehicle access to the site is from Lower Flat Top Drive. One driveway straddles the north property line between Lots 1 and 2, and a second driveway is approximately midway between the north property line and the I-15 on-ramp. Key Facts
Zoning: Light Industrial (IR-1) Parcel Size: 25.00Acres Proposed Building Size: 18,286 square feet and 2,600 square feet Landscape Open Space: 22% Required Parking: 82 automobile spaces (84 provided), plus 74 truck spaces, and 8 RV spaces The Architectural Review Committee reviewed the plans on March 2, 2017, and voted 40 to recommend approval of the site and building plans. Off-Sale Liquor other than beer and wine, and spirit based products, is prohibited.
Site Plan and Architectural Review Approval Criteria Please refer to Appendix “A” for the excerpt from Mesquite Municipal Code (MMC) Section 9-54. Subsection (E)(1) sets forth criteria for City Council decisions on Site Plan approval. And 95-9(F)(3) gives approval criteria for Architectural Review. It should also be noted that since the site of this proposal lies within the Mesquite Technology and Commerce Center (MTCC), plans have also been reviewed by the City’s Architectural Review Committee and approved. Analysis Access and Circulation: Traffic Impacts: Marc L. Brown, with Brown Consulting Engineers, prepared the Traffic Impact Analysis. The Traffic Impact Report will estimate the peak hour vehicle trips and the existing and expected Levels of Service at the driveways, the I-15 on-ramps, and the intersection of Pioneer Boulevard and Lower Flat Top Drive. Conclusions and Recommendations of that study are as follows:
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Case No: ASR-17-001 (Eagles Landing Travel Plaza) Date: March 28, 2017 Page: 3
Both of the proposed accesses to the development should include a separate right-turn and leftturn lane for egress. The queuing report shows the left-turn pockets only need to be 50 feet long to accommodate the project traffic. Additional length may be necessary on the Northern access to accommodate stacking and maneuvering of semi-trucks. The southbound right turns at each of the proposed accesses do not show a need for a separate turn pocket. As a general rule, when these turning volumes approach 50 vehicles in the peak hour then a turn pocket should be considered. If a turn pocket is deemed necessary by the City, they can be designed for the minimum length. The traffic control at the intersection of Lower Flat Top Drive & Pioneer Boulevard is all-way stop control. The intersection operates fine with the little amount of traffic and development in the area. In the future, as development occurs, the stop signs on Lower Flat Top Drive could be removed and the intersection converts to two-way stop control for the eastbound and westbound directions. This would provide for a more efficient intersection and reduce delay. The analysis indicates that the study intersections and accesses are operating at an acceptable Level Of Service (LOS). The proposed intersections in the study area will operate within acceptable limits base on current HCM methods at LOS “c” or better. The recommendations listed above will provide for a more efficient transportation system to accommodate the new development. Architectural Review: The convenience store and tire shop are single-story, wood frame buildings. The convenience store is a long horizontal building with rectangular towers over the entries. There is a long band of storefront windows running across the building. Beneath the windows is a synthetic stone wainscot, and above them is a stucco finish. The length of the building is articulated with synthetic stone columns, and a metal canopy roof. It is a flat-roof structure with metal fascia. Conceptual signage is shown on the building elevations, but approval of the signs will come when they apply for sign permits. Materials and Colors Included with the plans are photographs showing the color palette, synthetic stone, and longboard cladding (metal siding). The Architectural Review Committee approved the site and building design plans on March 2, 2017. Committee members did express some concerns about parking lot lighting, particularly in the area for truck parking. The existing site plan doesn’t show parking lot lighting, but poles will need to be placed with adequate separation from the trucks to avoid damage, and taking into account the long truck overhangs. The same concern applies to proposed fire hydrants located in landscaped areas near truck parking. Open Space: The landscaping conforms to and exceeds required standards of the Mesquite Municipal Code. Roughly 22% of the site is landscaped open space. General landscaped areas are shown on the site plan, but no detailed landscaping plan has been submitted at this point.
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Case No: ASR-17-001 (Eagles Landing Travel Plaza) Date: March 28, 2017 Page: 4
Improvement Plans: Site and utility improvement plans must be submitted and approved prior to building permit issuance. Previous Staff & Council Action On January 25, 2005 the City Council approved Amended Tentative and Final Maps for Phase I of the Mesquite Technology and Commerce Center, a Commercial Subdivision. On October 28, 2003 the City Council approved Tentative and Final Maps for Phase I of the Mesquite Technology and Commerce Center, a Commercial Subdivision on 303 acres. On July 22, 2003 the City Council approved a Master Plan Amendment and Zone Change Request to rezone 658 acres from Land Reserve (LR) to Light Industrial (IR-1) for the Mesquite Technology and Commerce Center. Recommendation Staff recommends approval of Architectural and Site Plan Review Case No. ASR-16-007, but without the full off-sale liquor store, subject to staff recommendations and Standard Conditions: Building Department 1. Meet all applicable Building Codes and Standard Conditions. Engineering Department 1. Engineer shall stamp and date the site plan. 2. Please provide dimensions showing distance from building to building and building to lot lines. 3. There is a portion of the lower drive approach which is NDOT ROW, this will require an NDOT encroachment permit. 4. Show storm drain access easement. 5. Storm Drain drop inlets are located at the locations of the proposed drive approaches. Suggest revising the location of the driveways to accommodate the existing utilities. Planning and Environmental Resources 1. Meet all applicable Zoning Codes and Standard Conditions. 2. The existing site plan doesn’t show parking lot lighting, but poles will need to be placed with adequate separation from the trucks to avoid damage, and taking into account the long truck overhangs. The same concern applies to proposed fire hydrants located in landscaped areas near truck parking. 3. The truck stop cannot hold a full liquor off-sale license. It is prohibited by Mesquite Municipal Code 2-4-6(E)(3): The sale of liquor other than beer, wine, and spirit based products, in a convenience store, gasoline sales establishment, or other similar business, is prohibited. 4. Comply with all recommendations of the Traffic Impact Analysis submitted by Brown Consulting Engineers.
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Case No: ASR-17-001 (Eagles Landing Travel Plaza) Date: March 28, 2017 Page: 5
Public Works 1. Standard Conditions as applicable. Sanitation 1. Standard Conditions as applicable. 2. Grease Interceptors will be required in accordance to Mesquite Municipal Code, Uniform Building code 2006, Southern Nevada Amendment to the 2006 Uniform Plumbing Code and Standard Drawing #34 Design and Construction Standards for Wastewater Collection Systems Southern Nevada 2009 Edition. 3. Lift Station will be required for sewer, construction will be in accordance to the 10 states standards for Wastewater Facilities under section for submersible Pump Stations. 4. Lift Station will be privately owned and maintained by the developer. Solid Waste 1. Trash enclosures will be required on this project; they need to be designed to City of Mesquite Standards and all locations need to be approved by the Public Works Department. Fire & Rescue Department 1. The fire protection contractor must discuss sprinkler plans with the Mesquite Fire Inspector. Police Department 1. No Concerns.
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Case No: ASR-17-001 (Eagles Landing Travel Plaza) Date: March 28, 2017 Page: 6
Appendix A – Excerpt from Mesquite Municipal Code Section 9-6-4: TENTATIVE MAPS: H. Guidelines for Planning Commission or City Council Decision: The planning commission or city council shall consider the following criteria in making a recommendation on the tentative map: 1. Environmental and Health Laws: The application conforms with environmental and health laws and regulations concerning water and air pollution, the disposal of solid waste, facilities to supply water, community or public sewage disposal and, where applicable, individual systems for sewage disposal; 2. Water Availability: The applicant has shown the availability of water which meets applicable health standards and is sufficient for the reasonably foreseeable needs of the subdivision; 3. Public Utilities: The site is served, or will be served at the time of development, with all necessary public utilities, including, but not limited to, water, sewer, gas, electric and telephone service; 4. Location: The site is located in an area of the city that is appropriate for current development activity and which will not contribute to the need for inefficient extensions and expansions of public facilities, utilities and services; 5. Public Services: The applicant has shown the availability and accessibility of public services such as schools, police and fire protection, transportation, recreation and parks; 6. Development Pattern: The site represents an overall development pattern that is consistent with the goals and policies of the master plan, the official map, the capital improvements program and any other applicable planning documents adopted by the city; 7. Conformance: The site and application conform to all applicable provisions of these regulations. If these regulations are inconsistent with the master plan, these regulations shall take precedence; however, city staff shall be instructed to make such recommendations as will be necessary to bring these regulations into compliance with the master plan; 8. Effect on Streets: The application considers the effect of the proposed subdivision on existing public streets and the need for new streets or highways to serve the subdivision;
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Case No: ASR-17-001 (Eagles Landing Travel Plaza) Date: March 28, 2017 Page: 7
9. Street Design: The tentative map shows the location, spacing and design of proposed streets, curb cuts and intersections, all of which are consistent with good traffic engineering design principles; 10. Access: Each lot in the map of a residential development has adequate and safe access to/from a local street. If lot access is to/from a collector or arterial street, the planning commission, or city council if there is no planning commission, shall expressly find that such access is safe and that no other lot access or subdivision configuration is feasible; 11. Site Layout: The site contains a parcel, lot and land subdivision layout that is consistent with good land planning and site engineering design principles; 12. Development Sensitive to Environment: The site will be laid out and developed in a manner that is sensitive to environmental features and/or characteristics of the tract or parcel, including, but not limited to, topography, slope, soils, geology, hydrology, floodplains, wetlands, vegetation and trees; 13. Dedications and Improvements: The applicant agrees to dedicate and improve land, right of way and easements, as may be determined to be needed to effectuate the purposes of these regulations and the standards and requirements incorporated herein; 14. Other Recommendations and Comments: The recommendations and comments of those entities reviewing the tentative map pursuant to Nevada Revised Statutes chapter 278; 15. Submission Requirements Satisfied: All relevant and applicable submission requirements have been satisfied in a timely manner.
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City Council Agenda Item 13 Submitted by: Andy Barton Submitting Department: City Manager Meeting Date: March 28, 2017
Subject: Consideration of Amended Employment Contract for the City Manager. - Public Comment - Discussion and Possible Action Recommendation: Review and approve new employment contract with the City Manager which reflects changes to the annual salary. Petitioner: Andy Barton Is this a budgeted item? No Fiscal Impact: No impact on the current (FY '16-'17) budget as there are sufficient funds in this year's CMO budget to cover this expense. A budgeted expense of $9752 would be included in the FY '17-'18 budget. Background: I was hired on April 10, 2012. A raise was granted by the Council in April 2015, and my annual salary is $121,900. The proposed raise, if approved, would constitute the second salary increase in five years. The eight percent increase, to be split into two, 4% increments over two fiscal years (to ease the burden on the General Fund), would amount to a pro-rated $1015.83 in fiscal year 2016-2017, and $9752 in fiscal year 2017-2018, with a final salary of $131, 652. Salary aside, there are no other changes to my original employment agreement. A rationale for the proposed increase is attached, as well as a draft employment agreement. Please note that the expense for this fiscal year will be absorbed in the CMO budget. Contract Bid Expires On:
Attachments: Request for raise--Council packet.doc CITY MANGER EMPLOYMENT AGREEMENT Draft 3-28-17.doc
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Dear Mayor and Council: In the five years it’s been my privilege to serve as City Manager, I believe that I have made contributions to the betterment of this organization in the following areas: Customer Service: I instituted third party, departmental reviews for the purpose of improving customer service. We evaluated the Development Services, Mesquite Fire and Rescue, and Athletics and Leisure Services departments, and have implemented nearly all of the recommended changes relating to the reviews. All three departments have new directors, and customer service has been improved as a consequence. For the coming fiscal year, if there is Council interest, I’m contemplating an independent review of Fire Department transport, to determine the most efficient operating model. Also, I am implementing a cell-phone application in the coming fiscal year, called See-Click-Fix which will allow Mesquite residents to quickly contact City employees with service requests (e.g., reporting potholes). City employees will be able to track all requests to assure a timely response to citizen complaints. In the future, when time and finances allow, I hope to produce quarterly print and online City newsletters in an effort to keep residents apprised of municipal projects and events. Community Relations: my monthly citizen forums have been very successful in involving residents in the public process. I have an open-door policy with residents, staff, and Council. No one needs an appointment to see me. I participate in monthly community correlation meetings with the Mesquite Chamber, MRBI, Mesquite Works representatives to discuss issues and events of mutual concern. Press Relations: I’ve developed and maintained positive relationships with our press representatives. We’ve gone to great lengths to ensure transparency in government and we share information freely. Financial Stewardship: Despite persistent and serious revenue challenges, we were able to complete last year’s budget cycle without use of General Fund reserves. Our GF reserves at present are in very good shape. Cost Savings: in addition to managing with limited resources, I have saved the City additional expense over the years by: (1) Not filling the Human Resources Director position vacated by former HR Director. His successor (his previous assistant) absorbed those responsibilities. (2) Not filling the previous Development Services Director’s position. The subsequent Director and several DS employees absorbed those duties. (3) Eliminating a position dedicated to Mayor/Council support and consolidating those duties with the Executive Assistant to the City Manager and Mayor. (4) Not replacing a vacated, full-time position in the Athletics and Leisure Services Department (Department Director).Those duties have been absorbed by the subsequent LS Department Head and its senior managers.
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Based exclusively on salary, the savings noted above are in excess of $320,000/yr going forward (more if PERS and benefits are measured). We’ll likely add staff positions in FY ’17-’18, but we’ve achieved considerable savings by keeping staffing in check over the last 5 years. Some Considerations: Salary compression occurs when a subordinate employee’s wages equal or surpass the salary of his/her supervisor. Compression was a key factor in recently driving up the salaries of the Police and Fire Chiefs (and their deputies) significantly. It is a factor for me as well, as I have a subordinate employee whose present annual salary equals mine, and will surpass it for the next two fiscal years via annual step increases if my request is declined. I believe that I’ve provided our organization with steady, consistent leadership over the past years and look forward to doing so in the future. In contemplation of the foregoing, I respectfully ask for consideration of an 8% salary increase, two be split in 4% increments over two fiscal years (this year and FY’17-’18) to ease the burden on the General Fund--the 4% pro-rated increase this year can be absorbed in the CMO budget without any impact on the GF. Should Council approve my request, my salary in the coming fiscal year would be $131,652—which is slightly less than my predecessor after similar tenure (he left the City after five years of service in 2011). It is also below the recommended mid-point of my salary range as outlined in the Pontiflex Report, and less (percentage-wise) than the compressionrelated increases given to our Public Safety executive managers. Thank you very much for considering my request.
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DRAFT CITY MANGER EMPLOYMENT AGREEMENT THIS AGREEMENT is made by and between the City of Mesquite, Nevada, a Nevada Municipal Corporation, hereinafter referred to as "City," and Andrew M. Barton, (hereinafter "Employee"). This Agreement becomes legally effective on April 15, 2017. THE PARTIES AGREE AS FOLLOWS: 1. EMPLOYMENT: City agrees to employ Employee as City Manager for the City of Mesquite, Nevada to perform the functions and duties of City Manager as specified in State statute, City ordinance, in the job description on file with the City, and to perform other duties assigned. Employee acknowledges and agrees that this is an "employment at-will" relationship and the City Council may discharge the Employee at any time, with or without cause, and employee may quit at any time for any or no reason. Terms of Separation are described in Section 4 herein. The parties acknowledge that the position of City Manager is classified as "exempt" under the Fair Labor Standards Act. 2.
2. COMPENSATION: City agrees to pay Employee for his services an annual base salary, payable in periodic installments in the same manner and on dates as other employees are paid. The salary shall be $126,776 in fiscal year 2016-2017 (pro-rated), and $131,652 in fiscal year 2017-2018 (commencing July 1, 2017). The City Council shall consider salary increases for Employee annually. Salary increases will be based primarily on performance and will be within the budget recommended by the City Manager and adopted by the Mesquite City Council. Employee shall also receive various non-salary benefits that are provided to similarly situated employees of the City. These benefits presently include the following: 100% employer paid participation in the Public Employees Retirement Systems of Nevada; 100% paid health, dental and vision insurance coverage. Employee shall also receive 120 hours annual leave accrual and 80 hours annually of administrative leave.
3. USE OF CITY-PROVIDED VEHICLE OR COMPENSATION FOR USE OF PERSONAL VEHICLE: A City vehicle may be made available for business travel. Any permitted use of a personal vehicle for business travel shall be compensated for as set forth in the City's Travel Policy; however, City Employees are encouraged to use a City vehicle for business travel. Employee shall bi-annually provide proof of insurance on any personal vehicle used for City business. 4. TERMS OF SEPARATION: In the event Employee is terminated by the City without cause, the City will award to the Employee a lump sum payment of four (4) months base salary, plus continue
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to make the full-required payments for Employee's group insurance policies for health coverage for four (4) months following termination. If the City Council accepts the resignation of Employee after a formal or informal suggestion by the City Council that the Employee resign, then Employee shall be deemed to be "terminated" on the date of such request and will be eligible for severance pay as provided above. However, if Employee is terminated for cause or resigns because of gross or wanton negligence or upon his conviction for any illegal act concerning the performance of his official duties or involving personal gain to him, City shall have no obligation to pay any amount as severance pay. In the event Employee voluntarily resigns his position with the City, Employee shall give City written notice one (1) month in advance of separation, unless parties agree otherwise, and there shall be no severance pay. 5. INDEMNIFICATION: City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or based on ordinary negligence, arising out of an alleged act or omission occurring in the performance of Employee's official duties as City Manager. However, the City will not indemnify Employee against illegal acts committed by Employee or acts involving gross or wanton negligence. Any request for defense must be submitted by Employee in accordance with N.R.S. 41.0339. 6. APPROPRIATION: The City Council, by approval of this Agreement, agrees to appropriate all funds necessary to cover the entire financial obligation of the City to Employee under the terms of this Agreement. 7. SEVERABILITY: If any provision of this Agreement, or any portion thereof, is held unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be deemed severable and the remainder of this Agreement shall not be affected and shall remain in full force and effect. The remainder of this page is intentionally left blank.
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City Council Agenda Item 14 Submitted by: Kash Christopher Submitting Department: Fire and Rescue Meeting Date: March 28, 2017
Subject: Consideration to approve emergency recruitment and hiring of 2 Firefighter Paramedics. - Public Comment - Discussion and Possible Action Recommendation: Approval of emergency recruitment and hiring of 2 Firefighter Paramedics. Petitioner: Fire Chief, Kash Christopher Is this a budgeted item? No Fiscal Impact: The initial cost of salary and benefits is $208K for two Paramedics. The equipment and training cost (Uniforms, turnout gear, badging, training, equipment, radio, licensure) is $25K for both. The total initial cost for two FF/PM is $233K. The positions will not be filled until July 1st, 2017. The reason for the early request is to start the long process of recruitment hiring. We would like to be as thorough as possible. Background: I am requesting two additional Paramedics for Mesquite Fire Rescue (MFR). These paramedics will help offset the increased call volume MFR has experienced since 2010; a 38% increase in responses (1929 in 2010, 2872 in 2016) and with a loss of 25% in personnel in that same time frame (32 operational in 2010, 24 operational in 2016). Two of the operational firefighters in 2016 were the Fire and Deputy Chief. Contract Bid Expires On:
Attachments: MFR Shift Roster.xlsx MFR Justification Letter - Personnel.pdf MFR Budgets FY-09 to FY17.pdf IFT STATS.xlsx
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FD - EMS bllings, etc FY16-17.pdf EMS Monthly Statistics (1).xlsx Department Staff Information.xlsx
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March 1, 2017 TO: CC:
Mayor/Council Andy Barton, City Manager
FROM:
Kash Christopher, Chief, Mesquite Fire Rescue
Subject:
Personnel Request (Two Paramedic Positions) and Justification
Mayor/Council, I am requesting two additional Paramedics for Mesquite Fire Rescue (MFR). These paramedics will help offset the increased call volume MFR has experienced since 2010; a 38% increase in responses (1929 in 2010, 2872 in 2016) and with a loss of 25% in personnel in that same time frame (32 operational in 2010, 24 operational in 2016). Two of the operational firefighters in 2016 were the Fire and Deputy Chief. The new hires will respond to all medical, fire, and HAZMAT calls, prepare and manage correspondence, reports and documents, handle training requirements, be assigned extra duties to ensure MFR remains compliant with all State Fire Marshal and Southern Nevada Health District protocol and regulations, maintain databases, serve as a central point for disseminating inter-departmental communication, and coordinate the flow of information externally and internally with other emergency and public safety agencies. At present, MFR has three operational shifts operated with 22 personnel. The two additional paramedics will be assigned to the shifts manned with 7 personnel, thus evening the shifts to 8 full time firefighter/paramedics (24). The initial cost of salary and benefits is $208K for two Paramedics. The equipment and training cost (Uniforms, turnout gear, badging, training, equipment, radio, licensure) is $25K for both. The total initial cost for two FF/PM is $233K. The positions will not be filled until July 1st, 2017. The reason for the early request is to start the long process of recruitment hiring. We would like to be as thorough as possible. It is our hope that these positions will enable MFR to handle an increasing call volume without jeopardizing the safety of the residents, visitors, and most important, the first responders who have taken an oath to serve this city. Mesquite has shown no signs 101
of slowing down. I thank you for your time and consideration in this matter. If you have any questions, please feel to contact me at 702-419-5644 or email
[email protected].
Kash Christopher, CFO Chief, Mesquite Fire Rescue Mesquite, Nevada
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FIRE RESCUE Shift Roster Name Christopher, Kash Resnick, Rick Hulet, Lindy Alario, Ralph
A Shift
1 2 3 4 5 6 7
1 2 3 4 5 6 7
Martinez, William Lewis, Spencer Browning, Keith Hughes, Karen Zebulon Jensen Blakely, Jason Leavitt, Travis
Emp # 5054 5014 6110 5598 Emp # 5017 5045 5050 5055 5056 5060 5062
Title Chief Deputy Chief Admin Asst. Inspector Title Captain FF/PM FF/EMT-A CCT-PM FF/PM FF/EMT-A FF/EMT
B Shift
Emp #
Title
Tobler, Shawn
5006
Captain
Thornton, Ryan LeBaron, AprilLynn Talahytewa, Manny Robb, Troy Espejo, Zacarias Nielsen, Norman
5016 5037 5027 5048 5058 5057
FF/PM FF/PM FF/PM FF/EMT-A FF/EMT-A CCT-PM
C Shift
Emp #
Title
1 2 3 4 5 6 7
Gately, John
5010
Captain
Gleeson, Mike Giolito, Nick Wangler, Mike Andrus, Jayson Black, Tyler Leavitt, Terran
5023 5029 5033 5044 5035 5061
FF/PM FF/PM FF/PM CCT-PM FF/EMT FF/EMT
Reserve FF
Emp #
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Alexander, Kennedy Barnes, Martin Belluomini, AJ Castillo, Corey Garcia, Matthew Hughes, Kasen Hull, Nathan Johnson, Lori Lopez, Salvador Misa, GG Steed, David Taylor, Ronnie Todd, Huk Tompkins, Brett Wadsworth, Glen
5524 5538 5533 5526 5523 5517 5535 5507 5522 5565 5537 5521 5527 5534 5531
FF/EMT FF/EMT FF/PM FF/EMT FF/EMT FF/EMT FF/EMT EMT-I (Not FF) FF/EMT FF/EMT FF/PM FF/PM FF/EMT FF/EMT FF/EMT
103
16 17 18 19
Wetzel, Erin Wheeler, Weston White, Chase Williams, Marzette
5520 5528 5536 5591
FF/PM FF/EMT FF/EMT FF/EMT
104
2017 Shift Calendar
A Shift
January S
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B Shift
C Shift
February T
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March
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Fire Roster
Name Alario, Ralph Andrus, Jayson Black, Tyler Blakely, Jason Browning, Keith Christopher, Kash Espejo, Zacarias Gately, John Giolito, Nick Gleeson, Mike Hughes, Karen Hulet, Lindy Leavitt, Terran Leavitt, Travis LeBaron, AprilLynn Lewis, Spencer Martinez, William Neufeld, David Nielsen, Norman Resnick, Rick Robb, Troy Talahytewa, Manny Thornton, Ryan Tobler, Shawn Wangler, Mike Zebulon Jensen
Reserves FF Alexander, Kennedy Belluomini, AJ Castillo, Corey Garcia, Matthew Hull, Nathan Johnson, Lori Lopez, Salvador Misa, GG Raines, Corbin Taylor, Ronnie Todd, Huk Tompkins, Brett Wadsworth, Glen Wetzel, Erin Wheeler, Weston White, Chase Williams, Marzette Young, Brian
Emp # 5598 5044 5035 5060 5050 5054 5058 5010 5029 5023 5055 6110 5061 5062 5037 5045 5017 5034 5057 5014 5048 5027 5016 5006 5033 5056 Emp # 5524 5533 5526 5523 5535 5507 5522 5565 5530 5521 5527 5534 5531 5520 5528 5536 5591 5537
Title Inspector Paramedic FF/EMT FF/EMT FF/EMT Fire Chief FF/EMT FF/Paramedic FF/Paramedic FF/Paramedic Paramedic Admin Asst. FF/EMT FF/EMT FF/Paramedic FF/Paramedic FF/Paramedic FF/PM FF/EMT Investigator FF/EMT FF/Paramedic FF/Paramedic FF/Paramedic FF/Paramedic
RANK
Chief Captain
Captain
Deputy
Captain
FF/Paramedic
FF/EMT FF/PM FF/EMT FF/EMT FF/EMT EMT-I FF/EMT FF/EMT-I FF/EMT FF/PM FF/EMT FF/EMT FF/EMT FF/PM FF/EMT FF/EMT FF/EMT-A FF/PM
Security Clearance Limited FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access Limited Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access FULL Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access Limited Access
106
107
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Average by Month
January 130 133 155 165 129 128 144 180 179 219 196 271 169
February 129 168 141 151 134 142 146 134 212 198 209 217 165
March 168 181 181 130 167 181 170 186 211 222 250 0 171
April 151 159 149 142 127 155 189 167 192 198 215 0 154
May 141 163 156 163 130 165 192 187 177 213 216 0 159
June 162 158 171 118 146 131 164 156 196 200 204 0 151
July 132 165 147 164 147 169 166 185 197 220 198 0 158
August 112 151 165 152 122 151 191 186 212 195 200 0 153
EMS Responses by Month
September 143 163 179 119 126 153 161 173 162 193 215 0 149
October 144 159 158 106 137 153 165 188 210 218 212 0 154
November 179 141 141 127 149 158 173 184 195 190 238 0 156
December 140 163 129 132 154 130 198 196 230 179 231 0 157
Annual Totals 1731 1904 1872 1669 1668 1816 2059 2122 2373 2445 2584 488 1,894
Average Monthly 144 159 156 139 139 151 172 177 198 204 215 41
Average Monthly EMS Response 2006-2017 175
300
170
250
165 200 150 100 50 0
2013 2014
160 155
2015
150
2016
145
2017
140
Average by Month
135
108
EMS DATA Requests for Service EMS Response CNX Prior to Arrival Blood draw for PD Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport Unable to respond
January 271 265 8 0 216 41 174 174 0 42 4 38 0 0 6
February 217 211 3 0 191 17 160 159 1 31 3 28 0 0 5
March
April
May
June
July
August September
October
November
December
Annual Totals 488 476 11 0 407 58 334 333 1 73 7 66 0 0 11
EMS Responses to Transports 300 250 200 150 100
EMS Response Patient Contacts Requests for Service
50 0
109
EMS DATA Requests for Service EMS Response CNX Prior to Arrival Blood draw for PD Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport Unable to respond
January 196 193 12 0 172 9 138 137 1 34 1 33 0 0 6
February 209 206 7 0 177 13 142 138 4 35 1 34 0 0 9
March 250 249 14 0 209 26 181 177 4 25 1 24 0 0 11
April 215 213 16 0 168 29 137 137 0 31 3 28 0 0 8
May 216 206 4 0 180 21 157 154 3 23 0 23 0 0 9
June 204 194 6 0 179 9 146 144 2 33 3 30 0 0 8
July 198 195 4 0 157 34 129 129 0 28 2 26 0 0 5
August September 200 215 191 204 2 7 0 0 161 169 29 28 141 145 141 143 0 2 19 24 2 3 17 21 0 0 0 0 7 8
October 212 202 9 0 165 28 135 134 1 30 3 27 0 0 5
November 238 220 1 196 23 164 163 1 32 3 29 0 0 12
December 231 224 1 0 199 23 168 168 0 31 1 30 0 0 4
Annual Totals 2584 2497 83 0 2132 272 1783 1765 18 345 23 322 0 0 92
EMS Responses to Transports 300 250 200 150 100
EMS Response Patient Contacts Requests for Service
50 0
110
EMS DATA Requests for Service EMS Response CNX Prior to Arrival Blood draw for PD Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport Unable to respond
January 219 211 4 0 182 18 155 154 1 27 2 25 0 0 8
February 198 190 1 0 175 18 138 138 0 36 0 36 0 0 6
March 222 210 4 0 187 19 157 157 0 30 2 28 0 0 8
April 198 190 4 0 171 15 149 149 0 22 2 20 0 0 8
May 213 207 6 0 175 16 149 149 0 26 1 25 0 0 8
June 200 195 0 0 184 11 152 151 1 32 5 27 0 0 2
July 220 218 11 0 189 18 147 146 1 42 9 33 0 0 7
August September 195 193 189 187 12 4 0 0 161 157 16 26 115 124 117 123 2 1 44 33 3 3 41 30 0 0 0 0 8 9
October November 218 190 213 185 3 3 0 0 195 166 15 16 162 135 161 134 1 1 33 25 1 1 32 24 0 0 0 0 8 6
December 179 175 3 0 155 17 134 134 0 21 0 21 0 0 8
Annual Totals 2445 2370 55 0 2097 205 1717 1713 8 371 29 342 0 0 86
EMS Responses to Transports 250 200 150 100 50
EMS Response Patient Contacts Requests for Service
0
111
Requests for Service EMS Response CNX Prior to Arrival Blood draw for PD Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport Unable to respond
January 179 170 4 0 146 20 126 125 1 20 1 19 0 0 7
February 212 198 2 0 178 18 148 147 1 31 1 30 0 0 7
March 211 201 3 0 198 21 146 146 0 41 5 36 0 0 10
April 192 188 2 0 172 14 144 143 1 27 1 26 0 0 4
May 177 166 5 0 146 15 122 122 0 24 1 23 0 0 7
June 196 186 1 0 174 11 151 149 2 23 1 22 0 0 7
July 197 186 7 0 160 19 135 135 0 25 1 24 0 0 9
August September 212 162 198 156 3 5 0 0 179 143 16 8 132 116 132 115 0 1 47 25 1 3 46 22 0 0 0 0 14 6
October November 210 195 199 184 7 5 0 0 174 168 18 7 143 138 141 137 2 1 31 30 2 2 29 28 0 0 0 0 11 11
December 230 218 7 0 188 23 158 157 1 30 1 29 0 0 12
Annual Totals 2373 2250 51 0 2026 190 1659 1649 10 354 20 334 0 0 105
EMS Responses to Transports 250 200 150 100 50
EMS Response Patient Contacts Requests for Service
0
112
EMS DATA Requests for Service EMS Response CNX Prior to Arrival Blood draw for PD Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport Unable to respond
January 180 176 3 0 154 19 131 131 0 23 2 21 0 0 3
February 134 134 3 0 124 7 104 104 0 20 2 18 0 0 5
March 186 181 7 0 164 14 147 146 1 17 5 12 0 0 5
April 167 161 1 0 147 13 124 124 0 23 2 21 0 0 6
May 187 187 6 0 167 7 149 148 0 19 3 16 0 1 6
June 156 153 4 0 137 11 113 113 0 25 5 20 0 0 3
July 185 180 5 0 166 9 130 130 0 35 1 34 0 0 5
August September 186 173 182 169 6 7 0 0 149 145 13 17 125 123 124 123 1 0 25 22 2 1 23 21 0 0 0 0 5 4
October November 188 184 187 178 3 1 0 0 157 165 27 12 128 138 126 137 2 1 29 26 3 4 26 22 0 0 0 0 1 6
December 196 189 3 0 175 14 148 147 1 26 1 25 0 0 7
Annual Totals 2122 2077 49 0 1850 163 1560 1553 6 290 31 259 0 1 56
EMS Responses to Transports 200 180 160 140 120 100 80
EMS Response
60
Patient Contacts
40 20 0
113
23 Requests for Service EMS Response CNX Prior to Arrival Blood draw for PD Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport Unable to respond
January 144 143 2 3 129 2 115 114 1 28 5 23 0 0 0
February 146 146 5 4 141 3 129 129 2 25 1 26 0 0 0
March 170 166 2 4 150 6 125 123 2 33 1 25 0 0 4
April 189 189 1 1 179 3 143 142 1 30 2 29 0 0 4
May 192 192 2 1 181 8 151 151 2 30 1 29 0 0 2
June 164 164 2 2 149 9 131 131 0 18 2 16 0 0 0
July 166 165 5 6 133 27 111 111 2 22 1 21 0 0 1
August September 191 161 191 159 2 5 5 3 172 142 15 5 140 121 139 119 1 3 32 21 2 0 30 21 0 0 0 0 2 2
October November 165 173 161 171 3 2 5 0 144 155 14 14 121 133 121 133 0 0 23 22 0 0 32 22 0 0 0 0 3 2
December 198 195 2 0 180 13 155 150 5 25 5 20 0 0 3
Annual Totals 2059 2042 33 34 1855 119 1575 1563 19 309 20 294 0 0 23
EMS Responses to Transports 250 200 150 100
EMS Response Patient Contacts
50 0
114
EMS DATA Requests for Service EMS Response CNX Prior to Arrival Blood draw for PD Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport Unable to respond
January 128 128 2 2 124 10 94 92 2 20 3 17 0 0 0
February 142 142 0 5 137 3 100 99 1 35 5 30 0 0 0
March 181 177 4 5 160 0 144 144 0 16 1 15 0 0 0
April 155 155 5 1 143 7 129 128 1 26 4 22 0 0 0
May 165 165 5 2 145 15 109 106 3 36 5 31 0 0 0
June 131 130 0 1 125 5 103 101 2 22 1 21 0 0 2
July 169 167 1 158 8 135 132 3 23 3 20 0 0 2
August September 151 153 151 151 1 3 2 3 144 138 4 4 104 112 104 111 0 1 38 26 2 4 35 26 0 0 1 0 0 2
October November 153 158 150 158 6 5 1 2 140 153 3 12 114 114 113 113 1 1 26 27 2 2 24 25 0 0 0 0 0 1
December 130 130 127 2 121 6 95 93 2 26 1 25 0 1 0
Annual Totals 1816 1804 159 26 1688 77 1353 1336 17 321 33 291 0 2 7
EMS Responses to Transports 200 180 160 140 120 100 80
EMS Response
60
Patient Contacts
40 20 0
115
EMS DATA Requests for Service EMS Response CNX Prior to Arrival No Pt Found Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport
January 129 129 1 6 122 1 100 100 0 21 3 18 0 0
February 134 134 5 3 126 1 101 101 0 24 2 22 0 0
March 167 167 1 9 157 3 121 121 0 33 2 31 0 0
April 127 127 1 5 121 1 107 106 1 13 2 11 0 0
May 130 130 0 9 121 1 99 98 1 21 2 19 0 0
June 146 146 4 2 140 1 106 105 1 33 1 29 0 3
July 147 147 3 6 138 1 112 112 0 25 0 25 0 0
August 122 122 2 5 115 3 88 87 1 24 2 22 0 0
September 126 124 3 0 121 4 90 89 1 27 3 24 0 0
October 137 137 3 3 131 3 101 99 2 27 1 24 0 2
November December 149 154 146 151 2 2 4 14 140 137 4 9 114 137 113 135 1 2 26 14 2 1 24 13 0 0 0 0
Annual Totals 1668 1660 27 66 1569 32 1276 1266 10 288 21 262 0 5
EMS Responses to Transports 180 160 140 120 100 80 60
EMS Response Patient Contacts
40 20 0
116
EMS DATA Requests for Service EMS Response CNX Prior to Arrival No Pt Found Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport
January 165 165 5 6 151 0 135 135 0 16 1 16 0 0
February 151 151 5 5 141 1 118 118 0 22 1 21 0 0
March 130 130 4 6 120 1 101 101 0 18 1 17 0 0
April 142 142 3 7 132 3 109 109 0 20 4 16 0 0
May 163 163 7 3 153 1 131 130 1 20 0 20 0 0
June 118 118 2 5 111 1 78 78 0 32 5 27 0 0
July 164 164 4 8 152 1 128 128 0 23 2 21 0 0
August 152 152 1 5 146 1 128 128 0 17 1 16 0 0
September 119 119 0 9 110 1 89 87 2 20 1 19 0 0
October 106 106 3 5 98 1 72 72 0 25 2 23 0 0
November December 127 132 127 132 1 1 13 3 113 128 0 2 93 99 93 98 0 1 20 27 1 5 19 22 0 0 0 0
Annual Totals 1669 1669 36 75 1555 13 1281 1277 4 260 24 237 0 0
EMS Responses to Transports 180 160 140 120 100 80 60
EMS Response Patient Contacts
40 20 0
117
EMS DATA Requests for Service EMS Response CNX Prior to Arrival No Pt Found Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport
January 155 155 2 5 148 0 129 128 1 19 1 18 0 0
February 141 141 4 5 132 0 103 103 0 29 4 25 0 0
March 181 181 2 5 174 0 146 145 1 28 4 24 0 0
April 149 149 6 6 137 0 117 117 0 20 1 19 0 0
May 156 156 0 2 154 4 116 116 0 34 4 30 0 0
June 171 171 5 4 162 2 126 125 1 34 1 33 0 0
July 147 147 6 5 136 0 112 112 0 24 1 23 0 0
August 165 165 2 6 157 2 117 117 0 38 1 37 0 0
September 179 179 3 4 172 0 137 136 1 35 1 34 0 0
October 158 158 3 0 155 2 122 122 0 31 3 28 0 0
November December 141 129 141 129 3 2 6 9 132 118 0 0 94 95 92 95 2 0 38 23 4 1 34 20 0 0 0 2
Annual Totals 1872 1872 38 57 1777 10 1414 1408 6 353 26 325 0 2
EMS Responses to Transports 200 180 160 140 120 100 80
EMS Response
60
Patient Contacts
40 20 0
118
EMS DATA Requests for Service EMS Response CNX Prior to Arrival No Pt Found Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport
January 133 133 7 6 119 1 93 92 1 25 3 22 0 0
February 168 168 5 12 148 0 129 128 1 19 0 19 0 0
March 181 181 3 6 167 0 142 142 0 25 2 23 0 0
April 159 159 3 8 144 3 110 110 0 31 1 30 0 0
May 163 163 4 9 149 2 125 125 0 22 3 19 0 0
June 158 158 5 7 141 3 109 109 0 29 3 26 0 0
July 165 165 2 7 155 1 122 122 0 32 1 31 0 0
August 151 151 7 4 137 2 106 106 0 29 0 29 0 0
September 163 163 6 8 149 0 117 116 1 32 2 30 0 0
October 159 159 8 5 146 2 113 112 1 31 2 29 0 0
November December 141 163 141 163 8 4 4 8 129 151 0 2 98 118 98 118 0 0 31 31 3 1 28 30 0 0 0 0
Annual Totals 1904 1904 62 84 1735 16 1382 1378 4 337 21 316 0 0
EMS Responses to Transports 200 180 160 140 120 100 80
EMS Response
60
Patient Contacts
40 20 0
119
EMS DATA Requests for Service EMS Response CNX Prior to Arrival No Pt Found Patient Contacts No Sick/Injured Pt Transports Transport by MF&R Transfer to other agency Patients not Transported DOA Refused Care Treat & Release Alternate Transport
January 130 130 4 6 120 6 93 90 3 21 1 20 0 0
February 129 129 5 4 120 3 95 94 1 21 6 15 0 0
March 168 168 9 7 152 4 123 120 3 25 3 22 0 0
April 151 151 4 8 139 5 111 109 2 23 2 21 0 0
May 141 137 6 6 125 4 101 100 1 20 2 18 0 0
June 162 162 10 5 147 14 108 106 2 25 2 22 0 0
July 132 132 4 9 124 0 103 103 0 21 2 19 0 0
August 112 112 5 4 99 2 75 74 1 22 3 19 0 0
September 143 143 2 14 122 1 95 95 0 26 3 23 0 0
October 144 144 5 11 129 1 102 100 2 26 3 23 0 0
November December 179 140 179 140 2 4 9 11 169 119 1 3 142 97 140 97 2 0 26 19 4 0 22 19 0 0 0 0
Annual Totals 1731 1727 60 94 1565 44 1245 1228 17 275 31 243 0 0
EMS Responses to Transports 200 180 160 140 120 100 80
EMS Response
60
Patient Contacts
40 20 0
120
0 INTER FACILITY TRANSPORTS Month JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC
2017 50 53
2016 39 53 58 36 48 40 36 38 36 36 51 47 518
2015 50 45 51 50 33 44 44 29 24 39 43 46 498
2014 36 39 48 45 37 48 44 50 45 42 45 43 522
2013 42 35 30 33 44 28 34 32 38 40 45 42 443
2012 39 30 45 41 50 36 39 44 39 41 40 50 494
2011 37 40 45 46 39 26 38 28 34 40 33 25 431
2010 41 29 46 27 36 26 27 23 28 29 33 42 387
2009 51 42 33 40 41 26 47 43 19 18 37 28 425
2008 40 30 41 32 37 43 36 39 43 46 23 29 439
2007 39 42 36 26 39 23 32 24 37 34 37 35 404
2006 34 25 39 19 34 33 31 19 31 43 54 32 394
Yearly
Monthly 41 37 43 36 40 34 37 34 34 37 40 38
427.125
Annual
Monthly
600
2015
70
500
2014
60
400
2013
300 200
2012
50
2011
40
2010
100
2009
0
2008 1
2
2007
2017 2016 2015 2014 2013 2012
30
2011
20
2010 2009
10
2008
0 JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEPT
OCT
NOV
DEC
2007
121
Department Information
Oct-09
June 2010
Oct-11
Oct 2012
Oct 2013
May 2014
Oct 2014
10/1/2015 10/1/2016
Chief Deputy Chief Inspectors Admin Assistant Captains Firefighters Total Operational Total Fulltime Personnel Reserve Firefighters PT
1 1 2 1 4 26 32 35 15
1 1 2 1 4 26 32 35 15
1 1 0 1 3 19 24 25 10
1 1 0 1 3 19 24 25 8
1 1 0.5 1 3 19 24 25.5 3
1 1 0.5 1 3 19 24 25.5 3
1 1 0.5 1 3 19 24 25.5 10
1 1 0.5
1 1 0.5
3 19 24 25.5 6
3 19 24 25.5 18
Firefighter Certified EMS Certified Paramedic Critical Care Paramedic Certified EMT-I Certified EMT-Basic Certified Haz. Mat. Tech. Certified DHS-ICS Instructor Certified DHS HSEEP Certified DHS WMD Specialist
44 41
44 41
33 34
31 28
26 27
25 26
24 23
24 23
22 10 9 13 2 1 1
22 8 2 13 2 1 1
23 10 0 9 1 1 0
21 6 0
19 6 0
19 6 0
17 4 0
16 5 2
24 23 3 12 7 5
1 1 0
1 1 0
0 0 0
0 0 0
0 0 0
0 0 0
Apparatus Total Engines - Type I Trucks - 100', 75' Rescues/Ambulance Command Vehicles Mobile IC Unit Utility Vehicles Inspector Vehicles
17 2 2 6 2 1 2 2
17 2 2 6 2 1 2 2
15 2 2 6 2 1 2 0
15 2 2 6 2 1 2 0
15 2 2 6 2 1 2 0
15 2 2 6 2 1 2 0
15 2 2 6 2 1 1 1
15 2 2 6 2 1 1 1
15 2 2 6 2 1 1 1
Stations Total Stations Staffed Stations Unstaffed
3 2 1
3 2 1
3 2 1
3 2 1
3 2 1
3 2 1
3 2 1
3 2 1
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
City Council Agenda Item 15 Submitted by: Kim Otero Submitting Department: Police Meeting Date: March 28, 2017
Subject: Consideration of approval for an emergency hire for a full time Police Officer. - Public Comment - Discussion and Possible Action Recommendation: Approve the emergency hire for a full time Police Officer Petitioner: Chief Troy Tanner, Mesquite Police Department Is this a budgeted item? No Fiscal Impact: Salary $86,584.40 funded out of the General Mesquite Police Fund. Background:
Contract Bid Expires On:
Attachments: Need for Narcotics Divsion Detective.doc MPD Emergency Hire Support Documents March 2017.docx
158
The Mesquite Police Department is facing a critical need for our Investigative Services Division to add a third member to its Narcotics Investigation Unit. The Mesquite economy is growing, and so is its population. With the quick increase in activity in our city comes an increase in drug activity. The Mesquite Police Department has always prided itself with being overly proactive when it comes to combating the trafficking, sales, and use of illegal drugs in our city. The statistics provided shows that although there has been an increase in drug activity, we have been able to stay on top of it. This has dramatically increased the workload of our narcotics detectives. Narcotics work is inherently dangerous. Our two detectives assigned to narcotics are working very hard to keep up with the work without letting our city’s drug problems grow, but working investigations involving multiple drug dealers and confidential informants requires more than two officers. With the increase in drug investigations, the narcotics detectives have had to pull general detectives away from their cases in order to safely complete operations, search warrants, drug buys, surveillance, and other tasks. We are at a critical stage where we just don’t have enough manpower to keep up. A third full-time narcotics detective will allow for the general detectives to stay up on their caseloads, but more importantly, it will allow our drug officers to keep on top of case load as the amount of investigations continue to grow. We are dedicated to keeping the quality of life in Mesquite the best in Nevada, while keeping our police officers safe as well.
159
Troy Tanner Chief of Police Mesquite Police Department Drug and Alcohol Crime Comparison
Drug & Alcohol 6 month comparisons:
Increase
●
Drug Narcotic Investigations
36%
●
Controlled Substance Arrests
26%
●
DUI
15%
●
Alcohol Offenses
16%
●
Disorderly Conduct
13%
●
Burglary
21%
Last Quarter: ●
80 lbs of crystal meth seized in joint operation
●
Narcotics Division felony arrests
95%
●
Misdemeanor arrests
257% (7 to 25)
●
Drug search warrants executed
267% (3 to 11)
●
Controlled Purchases of Narcotics
4%
(20 to 39)
Continued on page two
160 695 Mayan Circle Mesquite, NV 89027
Phone: 702.346.5262 * Fax: 702.346.5537
Troy Tanner Chief of Police
Last 6 months Prior 6 months
Increase
Controlled Substance Arrests
171
144
18.75%
Drug Investigations
121
97
24.74%
DV Battery
59
53
11.32 %
Disorderly Conduct
199
174
14.37%
DUI
54
46
17.39%
Theft / Larceny
142
131
8.40%
Burglary
21
18
16.67%
Sex Offenses (non forcible)
5
4
25.00%
128
123
4.07%
Last year
Prior Year
Increase
Controlled Substance Arrests
315
209
50.72%
Drug Narcotic Investigations
218
172
26.74%
Domestic Violence
112
72
55.56%
Disorderly Conduct
374
309
21.04%
DUI
100
96
4.17%
Theft / Larceny
273
219
24.66%
Burglary
39
31
25.81%
Assault / Battery
62
45
37.78%
Frauds
158
71
122.54%
9
4
125.00%
Alcohol Investigations
251
212
18.40%
Graffiti
28
21
33.33%
Alcohol Investigations
Sex Offenses (non forcible)
2 161 695 Mayan Circle Mesquite, NV 89027
Phone: 702.346.5262 * Fax: 702.346.5537
City Council Agenda Item 514 Submitted by: Robert Sweetin Submitting Department: City Attorney Meeting Date: March 28, 2017
Subject: Consideration for the Adoption of Bill 514 as Ordinance 514 which will officially create the Virgin Valley Community Educational Advisory Board (CEAB) as noted in Resolution 914 approved on December 13, 2016. - Public Hearing - Discussion and Possible Action
Recommendation: Adopt Bill 514 as Ordinance 514 which will officially create the Virgin Valley Community Educational Advisory Board (CEAB) as noted in Resolution 914 approved on December 13, 2016. Petitioner: Robert Sweetin, City Attorney Is this a budgeted item? No Fiscal Impact:
Background:
Contract Bid Expires On:
Attachments: Bill 514.docx Resolution 914.pdf
162
BILL NO. 514 ORDINANCE NO. 514 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MESQUITE, NEVADA, AMENDING TITLE 1 OF THE MESQUITE MUNICIPAL CODE “ADMINISTRATION”; CREATING CHAPTER 7A “ADVISORY BOARDS”; CREATING SECTION 1 “DEFINITION, ESTABLISHMENT OF BOARDS”; AND SECTION 2 “VIRGIN VALLEY COMMUNITY EDUCATION ADVISORY BOARD” AND OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, State Board of Education Regulation R142-16 grants the power to create community education advisory boards with incorporated cities; and WHEREAS, NRS 268.001 grants to the City Council the authority to take any action that is necessary or proper to address matters of local concern for the effective operation of city government; and WHEREAS, the Virgin Valley Community Education Advisory Board has existed for many years and provided a valuable service for communication between parents, teachers, school administrators, elected officials and the Clark County School District Central Office and the City; and WHEREAS, the Community Education Advisory Board is a valuable tool to allow for improvements to public education in the Virgin Valley; and NOW, THEREFORE, the City Council of the City of Mesquite, Nevada, does ordain: Section 1:
Municipal Code Title 1, Chapter 7A “ADVISORY BOARDS” is hereby created.
1-7A-1 DEFINITION, ESTABLISHMENT OF BOARDS: For purposes of this chapter, “board” includes any permanent or temporary commission, board, committee, council, or trust created pursuant to state law, city ordinance, or city resolution. 1. The City Council may establish permanent or temporary boards to advise and make recommendations to the council on various programs and issues. 2. The provisions of this chapter apply only to members of boards appointed by the City Council who are not elected officials of the City.
163
1-7A-2 VIRGIN VALLEY COMMUNITY EDUCATION ADVISORY BOARD 1. Establishment. There is established, pursuant to City Ordinance No. 514, the Virgin Valley community Education Advisory Board. 2. Purpose. Pursuant to Assembly Bill 394 passed and adopted in the 2015 biennial session of the Nevada State Legislature and R142-16 adopted by the State Board of Education and made effective September 9, 2016, the purpose of the Community Education Advisory Board shall be to provide advice and assistance to the organizational team of any local school precinct and the Board of Trustees of the Clark County School District. Further, the Virgin Valley Community Education Advisory Board shall assist the Mesquite City Council in addressing the public education concerns in the Virgin Valley. 3. Membership. The Virgin Valley community Education Advisory Board shall consist of at least 5 members, four of whom are parents of children attending school full-time in the Virgin Valley. a.
Each school which services the City of Mesquite must be represented by at least one parent of a child who attends the school that that parent-board member represents. There shall be no requirement that any parent-board member be a resident of the City of Mesquite.
b.
At least one board member shall represent the Virgin Valley community atlarge. It is not a requirement that this board member either be a parent of a child enrolled in a Virgin Valley school or a resident of the City of Mesquite. However, such a member must be a resident of either the City of Mesquite or Bunkerville Township.
c. The Mayor may take a seat on the Virgin Valley community education Advisory Board, or appoint any person in his or her stead. d. Nothing in this section shall prohibit the Virgin Valley Community Education Advisory Board from adding additional seats or members according to the bylaws adopted under Section IV. 4. Meetings; Bylaws. The Virgin Valley community Education Advisory Board shall adopt bylaws establishing meeting times, membership, selection of members, and procedural rules necessary for the efficient conduct of its business. The Bylaws that exist at the time Ordinance No. 514 is passed shall be effective until amended. Section 2: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3: The City Clerk is instructed and authorized to publish the title to this ordinance as provided by law. 164
Section 4: This ordinance shall become effective upon passage approval and publication. Section 5: The provisions of this ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health safety, welfare and convenience. Section 6: If any subsection, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such hold shall not affect the validity of the remaining portions. Section 7: The City Council finds that this ordinance is not likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, and complies with Nevada Revised Statutes Chapter 237.
PASSED, ADOPTED AND APPROVED this_________day of ___________, 2017.
By:______________________________________ Allan S. Litman, Mayor
ATTEST: By:______________________________________ Tracy E. Beck, City Clerk AYE: NAY: ABSTAIN: PUBLICATION DATE: EFFECTIVE DATE: Approved as to Form: By_______________________________________ Robert D. Sweetin, City Attorney
165
RESOLUTION NO. 914 A RESOLUTION OF THE MESQUITE CITY COUNCIL CREATING A COMMUNITY EDUCATION ADVISORY BOARD WHEREAS, the City of Mesquite is an incorporated City within the State of Nevada; and WHEREAS, during the 2015 legislative session the State of Nevada enacted Assembly Bill 394, providing for the reorganization of the Clark County School District; and WHEREAS, The Virgin Valley Community Education Advisory Board has existed for a number of years, operating under the supervision of the Clark County School District Board of Trustees; and WHEREAS, The Virgin Valley Community Education Advisory Board has been instrumental in allowing a forum for parents, community leaders, school administrators and students to work together to improve education in the Virgin Valley and respond to the community's unique needs; and WHEREAS, The State Board of Education adopted regulations pertaining to the reorganization of the Clark County School District pursuant to Section 28 of the Clark County School District Reorganization Act; and WHEREAS, Section 29 of the regulations promulgated by the State Board of Education requires that a CEAB be created by "the governing body of a city in which one or more local school precincts are located;" and WHEREAS, Under the regulations promulgated by the State Board of Education, there are four local school precincts located within the City of Mesquite; and WHEREAS, it is in the best interests of the City of Mesquite, after consultation with the current Community Education Advisory Board, to keep that board operating in the same or similar way in which it has been operating;
NOW, THEREFORE, THE Mesquite City Council hereby approves this Resolution No. 914 authorizing and creating the Virgin Valley Community Education Advisory Board (Virgin Valley CEAB), pursuant to the following requirements: Section 1: The City of Mesquite shall, within 90 days, establish an ordinance officially creating the Virgin Valley CEAB, and establishing its long-term structure; Section 2: This resolution shall not alter the current operational structure, activities or membership of the Virgin Valley CEAB;
166
Section 3: The Virgin Valley CEAB shall continue to follow its previously established bylaws, except for where applicable and practical, the term "Clark County School Board of Trustees" (or any term referring to that body) shall be replaced with "Mesquite City Council." Section 4: The duties of the Virgin Valley CEAB shall not be altered by this resolution. Section 5: Members of the Virgin Valley CEAB shall rely upon the resources of the City of Mesquite, rather than the resources of the Clark County School District for administrative and legal assistance, however, it is not a requirement that the Virgin Valley CEAB change the location of their meetings from Virgin Valley High School, unless the Virgin Valley CEAB wishes to do so. Section 6: The Mayor or the Mayor's designee chosen from among the City Council, shall have a voting seat on the Virgin Valley CEAB. Section 7: Nothing in this resolution shall prohibit the Virgin Valley CEAB from engaging in its normal course of business; rather, this resolution is passed with the intent of the Virgin Valley CEAB continuing to exist and serve the community. Approved this 13 th day Of December, 2016. ATTEST:
167
City Council Agenda Item 17 Submitted by: Aaron Baker Submitting Department: City Manager Meeting Date: March 28, 2017
Subject: Consideration of Exhibit B to the Hoover Schedule D Scheduling Entity and Resource Integration Agreement between Overton Power District No. 5 and the City of Mesquite, Nevada and other matters properly related thereto. - Public Comment - Discussion and Possible Action Recommendation: Approve Exhibit B and authorize staff to take the necessary steps to execute the subject Agreement. Petitioner: Aaron Baker, Assistant to the City Manager Is this a budgeted item? No Fiscal Impact: During FY18-19, the City will realize nominal savings. During the following fiscal years, the City will realize more savings. Those final numbers will vary from year-to-year due to the variable costs in Exhibit B. Background: During the September 27, 2016 City Council meeting, the Council approved an agreement with Overton Power District for the scheduling, delivery and billing associated with the City receiving an allocation of a Hoover Schedule D Power. Exhibit B of that agreement was not approved at that time, because certain costs for the coming fiscal year had not been finalized yet. Those costs have now been determined and are included in Exhibit B. In addition to the annual costs, there are two one-time expenses that need to be paid during the first year. First, as part of the City’s agreement with the Colorado River Commission, the City agreed to pay approximately $70,000 for Federal Repayable Capital Investments. This variable charge applies to all the participants in the CRC process. CRC will allow parties to pay it either in one lump sum or over five years at the federal interest rate. The City has sufficient funds to pay it off in one year and not incur the interest costs. 168
The other one-time payment is to Overton Power District for the development of the Hoover Schedule D Scheduling Entity and Resource Integration Agreement between Overton Power District No. 5 and the City of Mesquite, Nevada. Contract Bid Expires On:
Attachments: Hoover Schedule D Scheduling Entity and Resource Integration Agreement between Overton Power District No. 5 and the City of Mesquite, Nevada.pdf Exhibit B 20170322.pdf
169
HOOVER SCHEDULE D SCHEDULING ENTITY AND RESOURCE INTEGRATION AGREEMENT between OVERTON POWER DISTRICT NO. 5 and CITY OF MESQUITE, NEVADA
This Hoover Schedule D Scheduling Entity and Resource Integration Agreement ("Agreement") is entered into this 27th day of September, 2016 between City of Mesquite, Nevada (the "City"), and Overton Power District No. 5 ("OPD"). OPD and the City may hereinafter be referred to individually as a "Party" or collectively as the "Parties." RECITALS WHEREAS, OPD is a municipal entity organized and existing under the laws of the State of Nevada; WHEREAS, the City is a municipal entity organized and existing under the laws of the State of Nevada and a current retail electric service customer of OPD at multiple points of delivery within OPD's retail electric system; WHEREAS, under the Hoover Power Allocation Act of 2011, 125 Stat. 777, 43 U.S.C. § 619a) ("the Act"), to the United States Congress created a new resource pool under Schedule D that would make Hoover power from the Boulder Canyon Project ("BCP") available, commencing October 1, 2017, to new allottees which previously have not received Hoover power; WHEREAS, pursuant to the Act, the Colorado River Commission of Nevada ("the CRC") was designated as the entity to allocate 11,510 kW of capacity and 25,113,000 kWh of energy from of Hoover power to new applicants within; WHEREAS, the CRC promulgated regulations pursuant to its statutory authority under Nevada Revised Statutes ("NRS") Chapter 538, governing the Schedule D allocation process and subsequent sale of Hoover power to such new allottees; WHEREAS, the final order of the CRC approved and signed on September 8, 2015, granted to the City 1,000 kW of capacity and 2,181,842 kWh allocation of energy from Nevada's share of Schedule D power; WHEREAS, CRC and the City have entered into Contract No. P26-BCPESC-D, dated July 6, 2016, for the sale of electric service from the BCP, a copy of which is provided as Exhibit A to this Agreement ("Hoover Schedule D Contract"); 170 1
WHEREAS, the City requested that OPD serve as a Scheduling Entity as such term is defined under the Hoover Schedule D Contract and integrate the City's Schedule D power resource, including any associated or supplemental rights, environmental attributes or related services or products allocated thereunder, with the other resources of OPD for the limited purpose of delivery of the City's resource to the City's retail loads within OPD's retail service territory; and WHEREAS, OPD agrees to serve as a Scheduling Entity and integrate the City's Schedule D power resource, including any associated or supplemental rights, environmental attributes or related services or products allocated thereunder, with the other resources of OPD for the limited purpose of delivery of the City's resource to the City's retail loads within OPD's retail service territory subject to the terms set forth herein. NOW, THEREFORE for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I. EFFECTIVE DATE 1.01
This Agreement becomes effective on October 1, 2016 ("Effective Date") for Hoover power to be delivered beginning on October 1, 2017, and, subject to ARTICLE VI, shall remain in full force and effect for as long as the Hoover Schedule D Contract remains in force and effect, and provides City with scheduling and integration of the City’s 1,000 kW of capacity and up to a 2,181,842 kWh allocation of Hoover power.
ARTICLE II. APPOINTMENT OF OPD AS SCHEDULING ENTITY UNDER THE HOOVER SCHEDULE D CONTRACT 2.01
City hereby appoints OPD as its Scheduling Entity and shall promptly designate and, if necessary, secure all requisite approvals of said appointment, for the purposes of receiving City's resource, including any associated or supplemental rights, environmental attributes or related services or products allocated thereunder. For the purposes of this Agreement, the term "OPD" shall also include an agent of OPD that is determined to be qualified to serve in the role of Scheduling Entity in accordance with the Hoover Schedule D Contract.
2.02
In the performance of its duties as a Scheduling Entity for the City, OPD agrees to be bound by the Hoover Schedule D Contract's enumerated obligations for a Scheduling Entity, including but not limited to requirements to follow Western's Metering and Scheduling Instructions ("MSIs") and the CRC's Scheduling, Accounting and Billing Procedures ("SABPs"), inclusive of any changes thereto.
2.03
In the performance of its duties as a Scheduling Entity for the City, OPD shall solely be responsible for the delivery of City's resource in accordance with Section 2.02, above. OPD shall not be responsible for any other obligation set out in the Hoover D Schedule 171 2
D Contract, including, inter alia, (i) any obligation to pay CRC on the City's behalf monthly for all fees, rates and charges billed to the City for Electric Power, including any associated or supplemental rights, environmental attributes or related services or products allocated thereunder, as provided under the Sections 16 and 17 of the Hoover Schedule D Contract, and (ii) billing and payment, dispute resolution, negotiation or execution of any extension, renewal or other material modification to the Hoover Schedule D Contract to provide for City's continued use of any allocation from Hoover Dam beyond September 30, 2032. 2.04
From time to time, at either Parties' request, whether on or after the Effective Date and without further consideration, City or OPD, as applicable, shall execute and deliver to the other, or cause to be executed and delivered to the other, such further instruments as may be reasonably necessary for OPD to serve as Scheduling Agent for the City's resource. ARTICLE III.
RESOURCE INTEGRATION SERVICES
3.01
As of the Effective Date, OPD shall integrate City's Hoover Schedule D resource with OPD's wholesale power resource portfolio used for delivery of energy and power to its retail electric loads ("Resource Integration Services"). As set out in ARTICLE II, OPD shall be the exclusive Scheduling Entity for the City's Hoover Schedule D resource and shall exercise control over the delivery of the Hoover Schedule D resource.
3.02
OPD shall be responsible for delivery of the City's Hoover Schedule D resource from the Point(s) of Delivery set out in the Hoover Schedule D Contract, as may be amended from time to time, to the retail electric loads of the City within OPD's retail electric service territory utilizing OPD's existing contractual or ownership rights over thirdparty or owned transmission and distribution systems. After receipt of City's Hoover Schedule D power, OPD may, consistent with any obligations or restrictions of use that City may have under the Hoover Schedule D Contract, sell, exchange, encumber or otherwise utilize any rights, obligations, and duties in lieu of delivery of the City's Hoover Schedule D resource to City's retail electric loads within OPD's retail electric service territory.
3.03
In the event it is determined that OPD cannot use its existing contractual over third party transmission and distribution systems to provide Resource Integration Services to deliver City's Hoover Schedule D resource to the retail electric loads of the City within OPD's retail electric service territory, OPD shall give reasonable advance notice to City describing the circumstances that affect delivery and OPD's proposed solution and thereafter secure additional contractual rights and/or services necessary to effect the delivery. As set forth in ARTICLE IV, City shall reimburse OPD for the City’s portion of the actual costs for any such rights and/or services secured for the delivery of City's Hoover Schedule D resource.
3.04
Nothing in this Agreement shall obligate OPD to construct facilities to integrate the City's Hoover Schedule D resource with OPD's resources. 172 3
3.05
OPD may identify and utilize the City's Hoover Schedule D resource as an OPD resource in conjunction with any required integrated resource planning obligation or designated resource identification obligation that OPD may have, or which may arise in the future as set out in Section 4.02 of this Agreement.
3.06
City shall have no right to transfer, sell or pledge any rights under the Hoover Schedule D Contract to any party other than OPD in a manner that would impair OPD's use of the resource, except as expressly set out in Article 25 of the Hoover Schedule D Contract, and with no less than thirty (30) day's prior written notice to OPD. This provision does not address any uses or treatment of City’s allocation of Hoover power by CRC, which are authorized by City’s Hoover Schedule D Contract.
ARTICLE IV.
SCHEDULING AND INTEGRATION CHARGE AND RETAIL SERVICE CREDIT
4.01
Commencing with the first month that OPD receives power and energy from City's Hoover Schedule D resource at the Mead 230 kV point of delivery, and subject to the Uncontrollable Forces provisions set out in ARTICLE XI, OPD shall assess a Schedule Entity and Resource Integration Services charge to City in the month following the receipt of such power energy ("Scheduling and Integration Charge"). The Scheduling and Integration Charge shall consist of (i) a flat, monthly fee for actual administrative costs incurred by OPD, plus (ii) a per kwh fee for the use of OPD's third party transmission and ancillary services agreements at the prevailing rate(s) set out in those agreements, without markup, as set out in Section 3.02, plus (iii) a pass through, without markup, of the costs of any additional contractual rights and/or services necessary to effect the delivery, as set out in Section 3.03, plus (iv) a per kwh fee for the use of OPD's transmission and distribution facilities based on OPD's prevailing retail service rates to deliver City's Hoover Schedule D resource to City's retail electric loads within OPD's electric service territory. The Scheduling and Integration Charge shall not include any separate component reflecting a rate of return, debt service coverage requirement, cash working capital requirement or other margin requirement that would inure to OPD's benefit.
4.02
Commencing with the first month that OPD receives power and energy from City’s Hoover Schedule D resource at the Mead 230 kV point of delivery, and subject to the Uncontrollable Forces provisions set out in ARTICLE XI, OPD shall calculate a per kwh credit for City's Hoover Schedule D energy received and delivered by OPD to City's retail electric loads within OPD's electric service territory in the month following the receipt of such power energy. ("Retail Service Credit"). The Retail Service Credit shall be calculated at OPD's wholesale electric billing meter at the low side of the Reid Gardner Substation, and adjusted to reflect transmission and distribution losses at the prevailing loss factors of any applicable third party and OPD's system. In the event that City desires to convey and OPD agrees to receive the environmental attributes associated with the City's Hoover Schedule D resource after the Effective Date, the Retail Service Credit shall also reflect the mutually agreed upon value of any such credit the Parties establish in accordance with the process set out in Section 4.04; provided, however, nothing in this Agreement obligates OPD to accept the 4
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environmental attributes associated with the City's Hoover Schedule D resource. 4.03
No later than March 1, 2017, OPD shall provide City with a formulaic expression of the calculation of the Scheduling and Integration Charge and the Retail Service Credit, consistent with the principles set out in this ARTICLE IV. The formulaic expression shall be mutually agreed upon the Parties and incorporated as Exhibit B to this Agreement.
4.04
At such intervals as OPD shall deem appropriate, but in any event not less frequently than once in each calendar year, OPD shall review the Scheduling and Integration Charge and Retail Service Credit formulas and, if it can be demonstrated that the formula no longer produces a charge or credit, as applicable, that is reflective of OPD's actual costs to integrate City's Hoover Schedule D resource into its resource portfolio, propose prospective revisions to the formulas. OPD shall cause notice in writing to be given to the City which shall set out all the proposed revisions of the formula with the effective date thereof, which shall be not less than thirty (30) nor more than ninety (90) days after the date of the notice, and shall set forth the basis upon which the formula is proposed to be adjusted and established. Upon City's request, OPD shall convene a meeting at a time and place mutually agreeable to the Parties for OPD to review the proposed changes with City's representatives. City agrees that the Scheduling and Integration Charge and Retail Service Credit established by OPD shall be deemed to be substituted for the Scheduling and Integration Charge and Retail Service Credit provided in Exhibit B and agrees to accept the monthly charge or credit calculated thereunder after the effective date of any such revisions.
4.05
If in the future any regulatory body having jurisdiction requires modification of the Retail Service Credit established hereunder, OPD will notify City of such changes, but the effective date of the Retail Service Credit as changed will remain as stated in the original notice unless a different effective date is ordered by said regulatory body.
ARTICLE V. BILLING 5.01
Commencing with the first month following the month that OPD receives power and energy from City's Hoover Schedule D resource at the Mead 230 kV point of delivery, and each month thereafter, OPD shall render to City a statement setting forth the Scheduling and Integration Charge and the Retail Service Credit for the preceding month. On or before fifteen (15) days after receipt of OPD's statement or if such day is not a business day, the immediately following business day ("Due Date") City or OPD shall render, by check, wire transfer or as otherwise agreed between the Parties, the net amount set forth on such statement to the payment address provided by the Party to which a balance is owed. Overdue payments shall accrue interest from, and including, the Due Date at the Wall Street Journal weekly prime interest rate or the maximum interest rate permitted under applicable law, whichever is lower.
5.02
If City, in good faith, disputes a statement, it shall provide a written explanation of the 174 5
basis for the dispute and, to the extent it is the Party that owes money to OPD pursuant to Section 5.01, pay the portion of such statement conceded to be correct no later than the Due Date. If any amount disputed is later determined to be due to either Party, it shall be paid within fifteen (15) days of such determination, along with interest accrued from the original Due Date. 5.03
All statements, billings and payments shall be subject to correction of any errors contained therein until the expiration of two (2) years after rendition.
5.04
If, in any consecutive twelve (12) month period, City fails to pay more than three (3) times any portion of a monthly statement that is not disputed by the Due Date, OPD may in its sole discretion request that City post collateral in the form of prepayment of the anticipated invoice amount of each of the following months. Such prepayment shall be applied to the next monthly invoice. The requirement of prepayment under this Agreement is separate from any policies and procedures that OPD may have with respect to delinquent retail service accounts. ARTICLE VI.
EARLY TERMINATION
6.01
Either Party may terminate this Agreement without cause upon six (6) months written notice to the other Party, or such shorter period as reasonably agreed to by the Parties.
6.02
Either Party may immediately terminate this Agreement upon the occurrence of an uncured Event of Default of the other Party, as set out in ARTICLE VIII.
6.03
OPD may terminate this Agreement upon ninety (90) days' notice if (i) as a result of a change in law or an order of a court or regulatory body of competent jurisdiction, OPD determines in its sole discretion that it cannot accept delivery of City's Schedule D Power resource for the purposes of delivery of the new resource to the City's retail loads within OPD's service territory and utilizing OPD's existing contractual or ownership rights over third-party or owned transmission and distribution systems, or (ii) City is in default of any obligation to OPD, including but not limited to payment for retail electric service, and such default is not cured within the periods specified in such other contracts or tariffs between the Parties, or (iii) City is in default of an obligation under the Hoover Schedule D Contract.
6.04
The applicable provisions of this Agreement shall continue in effect after termination thereof to the extent necessary to provide for final billing, billing adjustments, bill disputes and payments. ARTICLE VII.
7.01
REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants to the other Party that: a. It is duly incorporated or formed and organized and is validly existing and in good standing under the Laws of the State of Nevada and has all requisite legal capacity 175 6
and power to execute, deliver and perform its obligations under this Agreement and to consummate the transactions contemplated hereby and thereby. b. It has taken all necessary action to authorize (a) the execution and delivery by it of this Agreement and (b) its performance of this Agreement and the consummation by it of the transactions contemplated hereby and thereby. This Agreement has been duly and validly authorized, executed and delivered by it and constitutes valid and binding obligations enforceable against it in accordance with its respective terms except to the extent enforceability may be limited by applicable bankruptcy, insolvency, moratorium or other similar laws affecting the enforcement of creditors’ rights generally. This Agreement and the consummation of the transactions contemplated hereby have been approved by its governing body or by other applicable and valid corporate authorization. c. The execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby and thereby, will not, with or without the giving of notice or the lapse of time, or both, (a) violate any provision of its articles of organization, municipal charter, bylaws or other organizational documents, (b) violate any provision of law to which the Party is subject, (c) violate any order applicable to the Party, or (d) violate or result in the breach of any other contract material to the Party's business. ARTICLE VIII. 8.01
EVENTS OF DEFAULT
An “Event of Default” shall mean, with respect to a Party (a “Defaulting Party”), the occurrence of any of the following: a. the failure to make, when due, any uncontested payment required pursuant to this Agreement if such failure is not remedied within ten (10) days after receiving written notice from the non-Defaulting Party; b. any representation or warranty made by such Party herein is false or misleading in any material respect when made or when deemed made or repeated and such default remains uncured and impairs the ability of the Party to perform its obligations under this Agreement; c. the failure to perform any material covenant or obligation set forth in this Agreement, if such failure is not remedied within fifteen (15) days after receiving written notice from the non-Defaulting Party, or such longer time as is reasonably necessary to cure such default provided both that such Party is acting diligently and in good faith to cure such default and that the non-Defaulting Party agrees in writing to such larger time period for Defaulting Party to cure such default; d. such Party becomes the subject of bankruptcy proceedings; or e. such Party consolidates or amalgamates with, or merges with or into, or transfers 176 7
all or substantially all of its assets to, another entity and, at the time of such consolidation, amalgamation, merger or transfer, the resulting, surviving or transferee entity fails to assume all the obligations of such Party under the Agreement to which it or its predecessor was a party by operation of law or pursuant to an agreement reasonably satisfactory to the other Party. 8.02
Upon the occurrence of an Event of Default, the first Party to become aware of the Event of Default shall immediately notify the other Party of the occurrence of the Event of Default.
8.03
Except for those Events of Default set forth in subsections (a), (c) and (e) above, for which a specified cure period is identified, and except for an occurrence wherein a Party becomes the subject of Bankruptcy Proceedings as set forth in subsection (d) above, the following time frames shall apply with respect to a Defaulting Party’s right to cure the Event of Default. If the Defaulting Party is the first to become aware of the Event of Default, the Defaulting Party shall have thirty (30) days from the occurrence of the Event of Default to cure. If the non-defaulting Party is the first to become aware of the Event of Default, the Defaulting Party shall have thirty (30) days from the receipt of the notice of default to cure. The Parties specifically agree that they shall be obligated to negotiate with each other in good faith during the time period for cure in an attempt to resolve the issues which gave rise to the Event of Default. Notwithstanding the foregoing, in the event of a monetary default or the uncontested failure to deliver energy, the non-Defaulting Party may, by written notice to the Defaulting Party, immediately withhold and/or suspend deliveries or payments if the Event of Default is not cured within the specified period or, in the case of Bankruptcy, to take such action(s) immediately upon the occurrence of such Event.
8.04
The Parties hereto agree and acknowledge that the failure to perform any of their obligations under this Agreement would cause irreparable injury to the other Party and that the remedy at law for any violations or threatened violation thereof would be inadequate, and agree that the other Party shall be entitled to a temporary or permanent injunction or other equitable relief specifically to enforce such obligation without the necessity of proving the inadequacy of its legal remedies.
8.05
In the event any Party defaults, the other Party may pursue any remedy available at law or equity. No remedy conferred upon or reserved to a Party under this Article is intended to be exclusive of any other remedy or remedies available hereunder or now or hereafter existing at law, in equity, or by statute or otherwise, but each and every such remedy shall be cumulative and shall be in addition to every other such remedy. The pursuit by a Party of any specific remedy shall not be deemed to be an election of that remedy as its only remedy. A Party found to be in Default shall be liable to other Party for the reasonable expenses such as attorney fees and other expenses incurred by the Parties in curing such default. No default shall be deemed cured until all payments required have been paid or the terms and conditions violated have been satisfied. 177 8
ARTICLE IX.
INDEMNIFICATION
9.01
Each Party shall indemnify, defend and save harmless the other Party, and its members, directors, officers, and employees, from and against any and all losses, claims, demands, judgments, damages, liabilities, causes of action, costs and expenses, including interest and reasonable attorney’s fees, that are determined to have been caused by the active or passive negligence or willful misconduct of the indemnifying party or its agents or contractors in connection with performance under this Agreement.
9.02
Where the active or passive negligent acts or willful misconduct of both Parties have jointly caused or resulted in any losses, claims, demands, judgments, damages, liabilities, causes of action, costs, and expenses, the indemnitor’s duty of indemnification shall be in proportion to its allocable share of joint active or passive negligence or willful misconduct. If City is strictly liable under Law, OPD’ duty of indemnification shall be in the same proportion that the negligent acts or omissions or willful misconduct of OPD contributed to the personal injury, death, or loss of or damage to property for which Customer is strictly liable. If OPD is strictly liable under Law, City’s duty of indemnification shall be in the same proportion that the negligent acts or omissions of City contributed to the personal injury, death, or loss of or damage to property for which OPD is strictly liable.
9.03
The Parties subject to NRS Chapter 41. ARTICLE X. LIMITATIONS; DUTY TO MITIGATE; DISCLAIMER OF WARRANTIES
10.01
Limitation of Remedies, Liability and Damages. THE PARTIES CONFIRM THAT THE EXPRESS REMEDIES AND MEASURES OF DAMAGES PROVIDED IN THE AGREEMENT, INCLUDING PROVISIONS FOR INDEMNITY, SATISFY THE ESSENTIAL PURPOSES HEREOF. FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, THE OBLIGOR’S LIABILITY SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY HEREIN PROVIDED, THE OBLIGOR’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD 178 9
TO THE CAUSE OR CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. 10.02
Duty to Mitigate. Each Party agrees that it has a duty to mitigate damages and covenants that it will use commercially reasonable efforts to minimize any damages it may incur as a result of the other Party’s performance or non-performance of this Agreement.
10.03
Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, EACH PARTY EXPRESSLY NEGATES ANY OTHER REPRESENTATION OR WARRANTY, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY WITH RESPECT TO CONFORMITY TO MODELS OR SAMPLES, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. ARTICLE XI.
UNCONTROLLABLE FORCES
11.01
Neither Party to this Agreement shall be responsible or liable for or deemed in breach of the Agreement for any delay or failure in the performance of their respective obligations to the extent such delay or failure is attributable to Uncontrollable Forces. For the purposes of this Agreement the term Uncontrollable Forces shall have the same meaning set out in Article 28 of the Hoover Schedule D Contract. Any period of time subject to a claim of Uncontrollable Forces under the Hoover Schedule D Contract that inhibits OPD's ability to receive, schedule and deliver City's Hoover Schedule D resource to City's retail electric loads within OPD's retail electric service territory shall be deemed an Uncontrollable Force pursuant to this Agreement. Moreover, any unavailability of OPD's contractual or ownership rights over third-party or owned transmission or distribution facilities, as set out in Sections 3.02 and 3.03, that is not the within the reasonably control of OPD, does not result from the gross negligence or intentional wrongdoing of OPD, and which by the exercise of due diligence by OPD, OPD is unable to avoid, cause to be avoided, mitigated or overcome, shall be subject to a claim by OPD of Uncontrollable Forces. No party shall be relieved by the operation of this ARTICLE XI of any obligation to pay all of the charges calculated pursuant to ARTICLE IV and Exhibit B.
11.02
Nothing in this ARTICLE XI shall require OPD to sell, exchange, encumber or otherwise utilize any rights, obligations, and duties in lieu of delivery of the City's Hoover Schedule D resource to City's retail electric loads within OPD's retail electric service territory during a period affected by Uncontrollable Forces.
ARTICLE XII. 12.01
NOTICES
Unless otherwise specified, all notices, demands, requests, invoices, payments, or other communications between the Parties shall be in writing and shall be delivered by letter, 179 10
facsimile, electronic mail, or other documentary form to the applicable address listed below. All notices and other written communications shall be effective upon receipt if sent by electronic mail or facsimile with confirmation of receipt, the next business day if sent by nationally recognized overnight courier with confirmation of receipt, or three days if mailed, provided, however, that receipt after 5:00 p.m. local time of the recipient shall be effective the following business day. If to City:
City of Mesquite Attn: City Manager 10 East Mesquite Boulevard Mesquite, NV 89027
With a copy to:
City of Mesquite Attn: City Attorney 10 East Mesquite Boulevard Mesquite, NV 89027
If to OPD:
12.02
Overton Power District No.5 Attn: General Manager P.O. Box 395 Overton, NV 89040
A Party may change its address for the delivery of notice by notifying the other Party in writing of the change. The change shall not be effective until actually received.
ARTICLE XIII.
MISCELLANEOUS PROVISIONS
13.01
Capitalized Terms. Capitalized terms used herein and not otherwise defined shall have the meaning given such terms in the Hoover D Schedule Contract.
13.02
Section Headings. The descriptive headings of the various Articles and Sections of this Agreement have been inserted for convenience of reference only and shall not modify or restrict any of the terms and provisions thereof.
13.03
Waivers. Any waiver at any time by any Party of its rights with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or matter. Any delay, short of the statutory period of limitation, in asserting or enforcing any right under this Agreement shall not be deemed a waiver of such right.
13.04
Successors and Assigns. This Agreement shall be binding upon, and inure to the benefit of the Parties and their respective successors and assigns. 180 11
13.05
Good Utility Practice. Each Party shall discharge any and all obligations under this Agreement in accordance with Good Utility Practice. Good Utility Practice means any of the practices, methods and acts engaged in or approved by a significant portion of the electric industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather to be acceptable practices, methods, or acts generally accepted in the region.
13.06
No Dedication of Facilities. Any undertaking by one Party to the other Parties under any provisions of this Agreement shall not constitute the dedication of the system, or any portion thereof, of any Party to the public or to another Party, and it is understood and agreed that any such undertaking by any Party shall cease upon termination of this Agreement.
13.07
Limitation. This Agreement is not intended to and shall not create rights of any character whatsoever in favor of any persons, corporation, associations, or entity other than the Parties to this Agreement, and the obligations herein assumed are solely for the use and benefit of the Parties to this Agreement, their successors in interest or assigns.
13.08
Further Assurances. From time to time after the execution of this Agreement, the Parties shall execute such instruments, upon the request of the other, as may be necessary or appropriate, to carry out the intent of this Agreement.
13.09
Disputes. If any dispute arises under this Agreement ("Dispute"), each party shall appoint a designated senior officer, and the senior officers of the Parties shall meet no later than ten (10) days from the date the disputing Party provides written notice of a Dispute to the other Party. If the Dispute is not resolved within (60) days of the date of the notice by the disputing Party, and if both Parties mutually agree to mediation or arbitration, the Dispute shall be submitted to mediation or binding arbitration. The mediation or arbitration must be conducted in accordance with the provisions of this Agreement, the applicable provisions of the Uniform Arbitration Act of 2000 in chapter 38 of Nevada Revised Statutes, and, where not inconsistent with this Agreement and Nevada law, the applicable rules and procedures of the American Arbitration Association. The mediation or arbitration must be held in Las Vegas, Nevada, or at any other mutually agreed upon location. Each Party shall bear its own expenses (including attorneys’ fees) with respect to the mediation or arbitration. The Parties shall share the expenses of the mediator or arbitrators equally. The mediators or arbitrators conducting a proceeding under this subsection shall have no authority to award to any Party consequential, incidental, punitive, exemplary or indirect damages or any lost profits or business interruption damages, whether by virtue of any law or otherwise. If the Parties cannot mutually agree to mediation or arbitration, a Dispute may be brought to any court of competent jurisdiction in Clark County, Nevada.
13.10
Counterparts. This Agreement may be executed simultaneously in two (2) or more 181 12
counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13.11
Amendments. Except as otherwise specified, this Agreement may be amended upon mutual agreement of the Parties, which amendment shall be reduced to writing and executed by the Parties.
13.12
Entirety and Joint Effort. This Agreement contains the entire understanding and agreement between the Parties respect to the subject matter of this Agreement and supersedes all previous communications, negotiations, and agreements, whether oral or written, with respect to such subject matter. Preparation of this Agreement has been a joint effort of the Parties and the resulting document shall not be construed more severely against one of the Parties than the other.
13.13
Severability. In the event any of the terms, covenants or conditions of this Agreement, or any amendment hereto, or the application of any such terms, covenants or conditions shall be held invalid as to any Party or circumstance by any court having jurisdiction, all other terms, covenants and conditions of this Agreement or any amendment hereto and their application shall not be affected thereby and shall remain in full force and effect.
13.14
No Partnerships; Tax Matters. Notwithstanding any provision of this Agreement to the contrary, the Parties do not intend to create hereby a joint venture, partnership, association taxable as a corporation, or other entity for the conduct of any business for profit, and any construction of this Agreement to the contrary which has an adverse tax effect on any Party shall render this Agreement null and void from its inception.
13.15
Computation of Time. In computing any period of time prescribed or allowed by this Agreement, the day of the act, event, or default from which the designated period of time begins to run shall be excluded but the last day of such period shall be included, unless it is a Saturday, Sunday or legal holiday, in which case the period shall run until the end of the next business day which is not a Saturday, Sunday or legal holiday in Nevada. For purposes of the administration of this Agreement, Pacific Standard Time shall be used.
13.16
Governing Law. The validity, interpretation and performance of this Agreement and each of its provisions shall be governed by the laws of the State of Nevada, without regard to its principles of conflicts of law. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have caused this Hoover Schedule D Scheduling Entity and Resource Integration Agreement to be executed and delivered effective as of the Effective Date. OVERTON POWER CITY OF MESQUITE
DISTRICT NO. 5
By: _________________________
By: _________________________
Allan S. Litman, Mayor
Michael Fetherston, Board Chairman
Dated: ______________________
Dated: ______________________
ATTEST:
ATTEST:
By: _________________________
By: _________________________
Tracy Beck, City Clerk
Mike Young, Board Sec. / Treasurer
Dated: ______________________
Dated: ______________________
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By: _________________________
By: _________________________
Bob Sweetin, City Attorney
Byron Mills, Counsel
Dated: ______________________
Dated: ______________________
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EXHIBIT A – HOOVER SCHEDULE D CONTRACT
185
STATE OF NEVADA COLORADO RIVER COMMISSION
CONTRACT NO. P26-BCPESC-D BETWEEN THE COLORADO RIVER COMMISSION OF NEVADA AND THE CITY OF MESQUITE FOR THE SALE OF ELECTRIC SERVICE FROM THE BOULDER CANYON PROJECT
186
CONTRACT NO. P26-BCPESC-D BETWEEN THE COLORADO RIVER COMMISSION AND THE CITY OF MESQUITE FOR THE SALE OF ELECTRIC SERVICE FROM THE BOULDER CANYON PROJECT
Table of Contents Section 1 2 3 4 5 6 7 8 9 10 11
Title
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Preamble .......................... ................ .. ... ..... ... ... .. .... ... ....... .... .... ...... ... ................ 1 Explanatory Recitals ....... ....... .... ........... ... ..... .. ..... ... ..... ........ ... .......... ...... ..... .... 1 Agreement ........................ ... 4 Term of Contract .. 4 Definitions ....................................................... ... ....... ........... .. ... 5 Electric Power to be Furnished ............................................... ........ 13 Exchange ................................................................................. ...................... . 17 Availability of Electric Power. .............................. 17 Purchases of Firming Energy .... 18 Lay Off Provisions .... 19 Allocation Reduction in the Event Contractor Fails to Use its Allocation ........................................................ .. ........ ... .... 20 Change in Characterization of Energy ............ ................................. 21 Environmental Attributes ..... .. 21 Annual Forecast .. .. .. . 21 Scheduling, Accounting, and Billing Procedures ........ .. 22 Billing, Payment, Rates and Charges ............................ .. 22 Fees, Tariff Rates and Charges Under NRS 704.787 ...................... 26 Integrated Resource Plans ................... 26 Restated Agreement .. .. 26 Reallocation of All or a Portion of Schedule A, B and D Power .. ... 27 Default by Contractor ................................................................... .. ...... 29 Effects of Termination ................................................................. ........... .. ... .. 30 Forward Contracts ..... .. 30 Contingency Planning .... 30 Contractor Use of this Contract to Support Certain Debt Financing .... ......... 31 Contractor Right to Renew .. ......... ..... .. ...... .. ...... .. ... .. ....... .. .......... .... ............... 32 Assignments ...................... 32 Uncontrollable Forces ........ ................................ 32 Amendments and Modifications .. 33 00 • • • 00 0 0 . 0 0 .
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30 31 32 33 34 35 36 37 38 39 40 41 42
Exhibits ................ ....... ... ..... ............................................ ................ ............... 33 Attachments ................... ............. ...... ..... .... ... ........... ........... ............................ 34 Authorized Representatives ................... ................ ............... .......... ............... 34 Future Regulations, Modifications and Waivers ............................................ 34 Access to Books and Records ...................................................... .................. 35 Proprietary and Confidential Information ...................................................... 35 Notices ......................................................... .. ......... ...................... ...... ............ 36 Reference to Section, Subsection, Paragraph, or Subparagraph .................... 36 Headings; Cross References ........................................................................ .. . 36 Continued Cooperation ................................................. .. ....... .................... .... 36 Disputes .......................................................................................................... 37 Execution in Counterpart ............................................................................... 37 Authority to Execute .................. .. .................................................................. 37
Signature Clause .............................................................................................................. 38 Exhibit CRC-ESC-A, Contractor's Allocation of Contingent Capacity and Firm Energy Exhibit CRC-ESC-B, Contractor's Available Energy, Available Capacity and Other Terms Exhibit CRC-ESC-C, Delivery Conditions Exhibit CRC-ESC-D, Notices Attachment No. CRC-ESC-1, Hoover Power Contingent Capacity Allocations of All CRC Contractors Attachment No. CRC-ESC-2, Hoover Power Firm Energy Allocations of All CRC Contractors Attachment No. CRC-ESC-3, Principles of Use Attachment No. CRC-ESC-4, First Amended MSCP Agreement
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CONTRACT NO. P26-BCPESC-D BETWEEN THE COLORADO RIVER COMMISSION AND THE CITY OF MESQUITE FOR THE SALE OF ELECTRIC SERVICE FROM THE BOULDER CANYON PROJECT
1.
PREAMBLE: This Contract is made this _ _ _ _day of _ _ _ _ __ _, 2016 (Contract), pursuant to the Hoover Power Allocation Act of 2011 (125 Stat. 777, 43 U.S .C. 619a) (HPAA), and Chapter 538 of the Nevada Revised Statutes (NRS) and of the Nevada Administrative Code (NAC), between the Colorado River Commission of Nevada (Commission), acting both as principal on its own behalf and as an agent on behalf of the state, and the City of Mesquite, a municipal corporation, organized under the laws of the State of Nevada, its successors and assigns (Contractor), each sometimes individually called "Party" and collectively called "Parties".
2.
EXPLANATORY RECITALS: 2.1
WHEREAS, in 1928, the United States Congress enacted the Boulder Canyon Project Act (45 Stat. 1057), authorizing the Secretary of the Interior to construct, operate and maintain Hoover Dam, including a plant to generate electrical energy from the water discharged from the reservoir; and,
2.2
WHEREAS, in 1935, the Nevada Legislature created the Commission to secure and protect Nevada's rights and interests in the waters of the Colorado River and in electric power generated on the river, and the Commission has continually been
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in existence since that time, to contract with the federal government to purchase Colorado River hydropower and sell that hydropower into the state for the greatest possible benefit to the state; and, 2.3
WHEREAS, in 1936, the Commission executed with the Secretary of the Interior the first contract for delivery of power to Nevada from Hoover Dam, and subsequently executed contracts for delivery of such power to Nevada contractors; and,
2.4
WHEREAS, in 1984, the United States Congress enacted the Hoover Power Plant Act (98 Stat. 1333, 43 U.S.C. 619), to increase Hoover Powerplant generating capacity and improve visitor facilities; and,
2.5
WHEREAS, effective January 1, 1987, the Commission entered into a contract with the United States of America, through the Administrator of the Western Area Power Administration of the Department of Energy (Western), for delivery of power from June 1, 1987 through September 30, 2017; and,
2.6
WHEREAS, the Commission entered into contracts with its Schedule A and B Contractors for delivery of power from June 1, 1987, through September 30, 2017; and,
2.7
WHEREAS, in the year 2011, the United States Congress enacted the HPAA, which required the United States Secretary of Energy to offer a new contract for purchase of contingent capacity and firm energy from Hoover Dam, from October 1, 2017 through September 30, 2067, to the Commission under Schedules A, B, C and D, and to the City of Boulder City, Nevada, under Schedule A; and,
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2.8
WHEREAS, the Commission is executing a contract with the United States Secretary of Energy for post 2017 Hoover power; and,
2.9
WHEREAS, pursuant to NRS 538.161 and 538.181, the Commission has the authority to hold and administer the State's rights to distribution of power from the Colorado River, and to represent and act for the State of Nevada in contracting for electric power "for the greatest possible benefit to this state"; and,
2.10
WHEREAS, in 2013 the Commission executed contracts with its Schedule A and B Hoover Contractors for repayment through the year 2043 of the cost of securities associated with the Hoover Visitor Center and airslots. Under these contracts the Commission agreed that, following execution of the Commission's contract with the United States Secretary of Energy for Hoover power to be delivered from October 1, 2017 through September 30, 2067, the Commission would offer to each of its Schedule A and Schedule B Hoover Contractors, a new Hoover power contract for a term of fifty years under which each of these Contractors would be eligible to receive Hoover power at cost-based rates, in a quantity equal to or not less than ninety-five percent of the Contractor's then current Hoover power allocation, subject to certain terms and conditions. Under these contracts the Commission further agreed that each Schedule D Hoover Contractor would pay its share of such debt service, and that the Commission would adjust debt service billings to its Schedule A and Schedule B Hoover Contractors to reflect the commencement of billing and payment by Nevada Schedule D Hoover Contractors in 2017; and,
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2.11
WHEREAS, the Commission has completed its proceedings for allocating Nevada's Hoover power allocation under ScheduleD, pursuant to the HPAA; and,
2.12
WHEREAS, Western also has completed its proceedings for allocating Schedule D Hoover power, making allocations to certain Nevada entities; and,
2.13
WHEREAS, the HPAA provides that contracts for post 2017 Hoover power allocated by Western to Nevada entities other than federally recognized Indian tribes shall be offered through the Commission; and,
2.14
WHEREAS, the Commission has promulgated regulations pursuant to its statutory authority under NRS Chapter 538, which govern the Commission's sale of power from the Boulder Canyon Project (BCP); and,
2.15
WHEREAS, the Commission and the Contractor have entered into, or will contemporaneously enter into, an agreement under which the Contractor will share the costs of implementation of the Multi-Species Conservation Program (MSCP) as required by the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat.l327), and the HPAA.
NOW THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS: 3.
AGREEMENT: The Parties agree to the terms and conditions set forth herein.
4.
TERM OF CONTRACT: 4.1
This Contract shall become effective when executed, for Electric Power to be delivered beginning on October 1, 2017.
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4.2
This Contract shall remain in effect through September 30, 2032, for Contractor's allocation of 1,000 kW and 2,181,842 kWh, unless this Contract is terminated earlier as provided in sections 20 and 21.
4.3
The date of initial service hereunder shall be October 1, 2017; provided, that for Schedule D Contractors, this Contract shall not go into effect if Contractor does not make the required transmission and/or delivery arrangements prior to October 1, 2016, in accordance with the HPAA and the Commission's regulations. Contractor's obligation to make transmission and/or delivery arrangements may be satisfied through the provisions of NRS 704.787, and/or Contractor's existing transmission and distribution arrangements to its Point(s) of Delivery.
5.
DEFINITIONS:
The following terms, when used herein, shall have the meanmgs
specified: 5.1
Ancillary Services: Those generation services that are necessary to support the transmission of capacity and scheduled energy from resources to loads. Ancillary Services provided under this Contract are those described in subsection 6.6.
5.2
Annual Forecast:
The schedule which establishes estimates of Contractors'
Hoover power available by months for the period beginning on the first day of each Fiscal Year and extending through the last day of that Fiscal Year. 5.3
Authorized Representative:
A representative of a Party designated as an
Authorized Representative in accordance with section 32. 5.4
Balancing Authority (BA): The responsible entity that integrates resource plans ahead of time, maintains load-interchange-generation balancing within a balancing authority area, and supports interconnection frequency in real time.
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5.5
Base Charge: The charge paid by Contractor for its Contingent Capacity and Firm Energy to recover Western's annual revenue requirement and the Commission's costs of securities for prepayment of Hoover base charges, which excludes purchases of Firming Energy.
5.6
Billing Period:
The service period beginning on the first day and extending
through the last day of any calendar month. 5.7
Boulder Canyon Project CBCP): All works and the real property associated with such works authorized by the Boulder Canyon Project Act, the Hoover Power Plant Act of 1984, and any future additions, to be constructed and owned by the United States, but exclusive of the main canal and appurtenances authorized by the Boulder Canyon Project Act, known as the All-American Canal.
5.8
Boulder Canyon Project Act: The Act of Congress approved December 21, 1928 (45 Stat. 1057), as amended and supplemented.
5.9
Boulder Canyon Project Adjustment Act: The Act of Congress approved July 19, 1940 (54 Stat. 774), as amended and supplemented.
5.10
Commission: The Colorado River Commission of Nevada (CRC).
5.11
Commission's Available Capacity:
Hoover Powerplant
generating
capacity
which is available to the Commission at any given time, taking into account the unit capability and outages at that time, under the Commission's Hoover Electric Service Contract. 5.12
Commission's Available Energy:
The amounts of energy available to the
Commission for each Fiscal Year and Billing Period in accordance with the Commission's Hoover Electric Service Contract.
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5.13
Commission's Hoover Electric Service Contract:
The contract between the
Commission and the United States of America for electric service from the BCP to be provided beginning October 1, 2017, and all exhibits, attachments and amendments thereto. 5.14
Conformed Criteria:
The Conformed General Consolidated Power Marketing
Criteria or Regulations for Boulder City Area Projects, published in the Federal Register Notice 49 FR 50582, dated December 28, 1984, as amended by 77 FR 35671, dated June 14, 2012. 5.15
Contingent Capacity:
The aggregate of Schedule A Contingent Capacity,
Schedule B Contingent Capacity, and ScheduleD Contingent Capacity provided to the Commission. 5.16
Contractor(s): The Party or Parties specified in Attachment No. CRC-ESC-1 that have a fully executed contract with the Commission for BCP electric service.
5.17
Contractor's Allocation:
Contractor's Contingent Capacity and Firm Energy
provided for under this Contract, as set forth in Exhibit CRC-ESC-A. 5.18
Contractor's Available Capacity:
Contractor's share of the Commission's
Available Capacity by month as calculated in Exhibit CRC-ESC-B. 5.19
Contractor's Available Energy: Contractor's share of the Commission's Available Energy by month, as calculated in Exhibit CRC-ESC-B.
5.20
Contractor's Contingent Capacity:
The aggregate of Contractor's Schedule A
Contingent Capacity, Schedule B Contingent Capacity, and Schedule D Contingent Capacity, as set forth in Exhibit CRC-ESC-A.
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5.21
Contractor's Firm Energy:
The aggregate of Contractor's Schedule A Firm
Energy, Schedule B Firm Energy, Schedule D Firm Energy and any Excess Energy allocated to Contractor, as set forth in Exhibit CRC-ESC-A. 5.22
CRC Electric Utility Contractor: A Contractor that is listed as a CRC Electric Utility Contractor in Attachment No. CRC-ESC-1.
5.23
CRC Contractor that is not an Electric Utility: A Contractor that is listed as a CRC Contractor that is not an Electric Utility in Attachment No. CRC-ESC-1.
5.24
CRC Working Capital:
A working capital requirement applied by the
Commission as provided for in section 16.7 of this Contract. 5.25
Day: A calendar day.
5.26
Electric Power: The electric energy and capacity that the Commission provides to Contractor under this Contract.
5.27
Environmental Attributes: The environmental characteristics that are attributable to a renewable energy resource, or to renewable energy from such a renewable energy resource, and shall include, but not be limited to, renewable energy or tax credits, offsets and benefits; green tags (regardless of how any present or future law or regulation attributes or allocates such characteristics); and any reporting rights
associated with any of the foregoing.
Where practicable, such
Environmental Attributes (such as renewable energy credits) shall be expressed in megawatt hours (MWh), with one (1) MWh of Environmental Attributes produced for each one ( 1) MWh of energy generated by the renewable energy resource.
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5.28
Excess Capacity: Capacity which is made available to the Commission from Western as "Excess Capacity" under the Commission's Hoover Electric Service Contract.
5.29
Excess Energy:
Energy which is made available to the Commission from
Western as "Excess Energy" under the Commission's Hoover Electric Service Contract. 5.30
Federal Repayable Capital Investments:
The term "Repayable Capital
Investments" replaces the term "Repayable Advances" as used in the Commission's Hoover Electric Service Contract and the Boulder Canyon Project Implementation Agreement No. 95-PA0-10616 (Restated Agreement) which are in effect through September 30, 2017, the HP AA and the Conformed Criteria and shall have the same meaning ascribed to, and be used interchangeably with, the term "Repayable Advances".
Federal Repayable Capital Investment is the
amount charged under the Commission's Hoover Electric Service Contract for the difference between the amount of capital investment funded by federal Hoover contractors and the amount that would have been funded by federal Hoover contractors if replacements had been funded by federal appropriation and amortized for fifty (50) years. 5.31
Federal Working Capital: Initial and subsequent Federal Working Capital which are charged under the Commission's Hoover Electric Service Contract and the Restated Agreement.
5.32
Federal Transitional Items:
Financial obligations of the BCP funded by the
Schedule A and B Contractors prior to October 1, 2017, for which benefits have
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not been received as of that date, and which are not yet recorded as Repayable Capital Investment, which are charged under the Commission's Hoover Electric Service Contract and the Restated Agreement. 5.33
Firm Energy: Energy obligated from Hoover Powerplant to the Commission in accordance with section 2 of the HP AA.
5.34
Firming Energy: Supplemental energy purchased by the Commission or Western at the request of Contractor to meet any deficiency in Firm Energy, pursuant to this Contract, NRS and NAC Chapter 538, and NRS 704.787.
5.35
Fiscal Year:
The twelve (12) month period so designated by federal law,
currently commencing October 1 of each year. 5.36
Hoover Powerplant: The power houses included in the Hoover Dam facilities, consisting of the seventeen ( 17) main generating units and their associated equipment, used to produce the Electric Power and Ancillary Services related to Contractors' Contingent Capacity and Firm Energy, as may be improved, replaced, renovated, or expanded during the term of the Contract.
5.37
Lay Off Capacity: Capacity made available temporarily to the Commission from a Contractor that is unable to use its Available Capacity.
5.38
Lay Off Energy: Energy made available temporarily to the Commission from a Contractor that is unable to use its Available Energy.
5.39
Loaded Synchronized Generation: The quantity of Synchronized Generation that is supplying energy.
5.40
Lower Colorado River Basin Development Fund (LCRBDF): The fund supported by the charge assessed on energy deemed delivered and purchased by contractors
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in Arizona, California and Nevada, developed in accordance with Title I, Section 102(c) of the Hoover Power Plant Act of 1984, as amended. 5.41
Metering and Scheduling Instructions (MSis):
Metering and Scheduling
Instructions between Western and the Commission, which are attached to the Commission's Hoover Electric Service Contract. 5.42
Multi-Species Conservation Program (MSCP): The Multi-Species Conservation Program as defined in section 9401 of the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 1327).
5.43
MSCP Agreement: The First Amended MSCP Agreement, which is appended to this Contract as Attachment No. CRC-ESC-4, and is entered into among the Commission, the Contractors, and the Commission's contractors for power from the Parker-Davis project, for sharing Nevada's portion of the costs of implementation of the MSCP.
5.44
MSCP Charge:
The charge paid by Contractors pursuant to the MSCP
Agreement. 5.45
Nevada: The State of Nevada, represented for purposes of this Contract, by the Commission.
5.46
North American Electric Reliability Corporation (NERC): The North American Electric Reliability Corporation, or successor organization(s). A not-for-profit international regulatory authority whose mission is to assure the reliability of the bulk power system in North America.
5.47
Point(s) of Delivery: The point(s) at which the Commission delivers capacity and energy to Contractor, as set forth in Exhibit CRC-ESC-C.
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5.48
Reclamation: Department of the Interior, Bureau of Reclamation.
5.49
Restated Agreement:
The Amended and Restated Boulder Canyon Project
Implementation Agreement No. 95-PA0-10616, including all Exhibits and Attachments. 5.50
Schedule A Contingent Capacity: The capacity shown in Attachment No. CRCESC-1.
5.51
Schedule A Firm Energy: The energy shown in Attachment No. CRC-ESC-2.
5.52
Schedule B Contingent Capacity: The capacity shown in Attachment No. CRCESC-1.
5.53
Schedule B Firm Energy: The energy shown in Attachment No. CRC-ESC-2.
5.54
Schedule C: The schedule of Excess Energy set forth in section 2 of the HPAA.
5.55
ScheduleD Contingent Capacity: The capacity shown in Attachment No. CRCESC-1.
5.56
ScheduleD Firm Energy: The energy shown in Attachment No. CRC-ESC-2.
5.57
Scheduling, Accounting and Billing Procedures (SABPs):
The Commission's
scheduling, accounting and billing procedures developed in accordance with NAC Chapter 538 and this Contract, and revised from time to time. 5.58
Scheduling Entity: The entity responsible for scheduling Contractor's Electric Power to serve load that is designated in accordance with subsection 6.4.
5.59
Securities Repayment Charge: The charge applied under the Contract which the Commission's Schedule A and B Contractors executed with the Commission in 2013 and 2014, for repayment of the cost of securities issued by the Commission
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to reduce the cost of certain debt associated with the Hoover Dam Visitor Center and the Hoover Dam airslots. 5.60
Staff: Staff of the Commission.
5.61
Synchronized Generation: Contingent Capacity available from any of the Hoover Powerplant generating units synchronized to Western's power system.
5.62
Uncontrollable Forces: As defined in section 28 of this Contract.
5.63
Unloaded Synchronized Generation:
The difference between Synchronized
Generation that has been scheduled and Loaded Synchronized Generation. 5.64
Western:
The Western Area Power Administration of the United States
Department of Energy, or successor organization(s).
6.
ELECTRIC POWER TO BE FURNISHED: 6.1
Delivery and Acceptance of Electric Power: The Commission shall cause to be scheduled and delivered, and Contractor shall accept, Electric Power, in accordance with the terms of this Contract, at the Point(s) of Delivery and voltage(s) identified in Exhibit CRC-ESC-C, subject to the transmission arrangements and operational requirements applied pursuant to the Commission's regulations and the requirements set forth in this Contract, and to the delivery conditions in Exhibit CRC-ESC-B and Attachment No. CRC-ESC-3.
6.2
Principles of Use: 6.2.1
Contractor will, in its use of Electric Power provided under this Contract, comply with the Commission's regulations set forth in NAC 538.540, NAC 538.560 and NAC 538.570, which are explained in Attachment No. CRC ESC-3, with the Commission's SABPs, and with Western's MSis. In
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the event of any conflict between (i) NAC 538.540, NAC 538.560 and NAC 538.570, and (ii) the explanation in Attachment No. CRC ESC-3, the language of the cited regulations will prevail. 6.2.2
Contractor transactions with independent system operators, regional transmission organizations and BAs, and their successor organizations, shall not constitute resale under NAC 538.540.
6.2.3
With the prior approval of the Commission, Contractor may, subject to the provisions of this section and the Commission's regulations, also engage in transactions that pertain to this Contract with an entity or entities other than the entities listed in 6.2.2 above, that coordinate, control, monitor, or support operations of, or act as a marketplace operator in wholesale power for, or procure products and services on behalf of, any such entity.
6.2.4
Each CRC Contractor that is not a CRC Electric Utility Contractor may only share, resell or pool Electric Power, or lease or change the point of use of Electric Power, with the prior approval of the Commission, as required by NAC 538.540(1).
6.2.5
At the request of Staff, each CRC Electric Utility Contractor must provide information demonstrating that it uses the full Electric Power resource available to Contractor under this Contract, as required by NAC 538.540(3).
6.3
Agreements with Third Parties: Contractor has the responsibility to effectuate agreement(s) with any third party or parties which may be necessary to enable Contractor to accept deliveries of Electric Power hereunder, and must submit such
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agreement(s) to Staff prior to the effective date of the agreement between Contractor and third party. 6.4
Scheduling Entity: The Commission may, at Contractor's request, designate or change the Contractor's Scheduling Entity upon approval by Western. 6.4.1
Contractor may, by providing written notice to the Commission at least ninety (90) days in advance, ask the Commission to designate or change its Scheduling Entity, including to an organization named by Contractor. Any change or designation is subject to approval by Staff and Western. 6.4.1.1
Contractor's Scheduling Entity shall be responsible for scheduling Contractor's Electric Power to serve Contractor's load.
6.4.1.2
As a condition of a designation, or continued retention, of a Scheduling Entity, the Scheduling Entity must agree to follow Western's MSis and the Commission's SABPs, including changes thereto.
6.4.1.3
Any change in Scheduling Entity becomes effective at the beginning of a Billing Period.
6.4.2
All costs associated with the scheduling of Contractor's Electric Power by the Scheduling Entity shall be borne by Contractor.
6.4.3
If Contractor does not timely designate or change its Scheduling Entity in compliance with the Commission's requirements, then that Contractor's Scheduling Entity will be the entity designated by Staff.
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6.5
Scheduling of Generation: Within the constraints placed upon the Commission by Western, and up to Contractor's Available Energy, Contractor's Scheduling Entity
may
schedule
Loaded
Synchronized
Generation
and
Unloaded
Synchronized Generation, the sum of which shall not exceed Contractor's total amount of Available Capacity, in accordance with Western's MSis, the SABPs and this Contract. Contractor may request to exceed the total amount of Contractor's Available Capacity, consistent with the requirements of Western's MSis and the SABPs, if this is allowed by Western. Losses and/or penalties associated with the scheduling of Loaded and Unloaded Synchronized Generation are the responsibility of Contractor. 6.6
Ancillary Services:
To the extent Ancillary Services are made available by
Western to the Commission, Contractor's Scheduling Entity may use such Ancillary Services in accordance with Western's MSis, the Commission's SABPs and this Contract. 6.7
Minimum Schedules: If Western applies a minimum schedule requirement to the Commission, Contractor shall be required by the Commission to schedule a minimum rate of delivery as required by the Commission's regulations set forth in NAC 538.640.
6.8
Maximum Rate of Delivery: The Commission shall furnish, and Contractor shall receive, capacity (or a capacity benefit), in any Billing Period, up to the amount of Contractor's Available Capacity and Contractor's Available Energy for that period, in compliance with the Commission's regulations set forth in NAC 538.630.
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6.9
Transmission: 6.9.1
Power from the BCP will be delivered to the Commission at Western's Point of Delivery for Hoover, which currently is the Mead substation.
6.9.2
Contractor may establish arrangements for transmission of Electric Power provided that these transmission arrangements comply with the requirements of NAC 538.650.
6.9.3
Contractor shall be responsible for all costs and losses associated with the delivery of Electric Power in compliance with NAC 538.660.
7.
EXCHANGE: At the request of Contractor, the Commission may exchange Electric Power available to Contractor under this Contract with resources otherwise available to the Commission. Participation in exchanges of Electric Power is strictly voluntary for the Parties.
8.
AVAILABILITY OF ELECTRIC POWER: The availability of Electric Power to Contractor under this Contract is subject to the delivery of Electric Power to the Commission under the Commission's Hoover Electric Service Contract. 8.1
Capacity Reductions: Whenever there is a reduction in the availability to the Commission of the Commission's allocation of capacity, under the Commission's Hoover Electric Service Contract, the Commission shall apply that reduction in capacity pro rata among Schedule A, Schedule B, and Schedule D Contingent Capacity, based on Contractors' Contingent Capacity allocation percentages in Attachment No. CRC-ESC-1.
8.2
Energy Reductions:
Whenever there is a reduction in the availability to the
Commission, of the Commission's allocation of energy from Schedule A,
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CRC POST2017 BCP ESC
Schedule B and Schedule D under the Commission's Hoover Electric Service Contract, the Commission shall apply that reduction in energy pro rata among Schedule A, Schedule B, and Schedule D Firm Energy, based on Contractors' Firm Energy allocation percentages in Attachment No. CRC-ESC-2.
In this
event, and at the request and at the expense, of Contractor, the Commission may purchase an amount of Firming Energy up to an amount equal to Contractor's Firm Energy allocation, as provided for in section 9. 8.3
Excess Capacity: The Commission may offer Excess Capacity to Contractor, if and when it becomes available to the Commission, in an amount equal to the ratio of Contractor's Contingent Capacity to the Commission's Contingent Capacity.
8.4
Availability of Excess Energy: Pursuant to the provisions of Exhibit CRC-ESCA, the Commission may offer Excess Energy to Contractor if and when it becomes available to the Commission, provided Contractor is not then in default. Any Excess Energy accepted by Contractor shall be included in the Annual Forecast.
9.
PURCHASES OF FIRMING ENERGY:
At the request and at the expense of
Contractor, the Commission or Western may purchase Firming Energy as allowed by law. Such firming arrangements are to be evidenced by prior written agreement between the Parties that provides for Contractor(s) to advance fund firming purchases and pay other applicable charges, including but not limited to the Commission's Administrative Charge set forth in subsection 16.1.1. Pursuant to NAC 538.520, Contractor must pay for the costs of Firming Energy during the normal billing cycle for the Fiscal Year in which it is purchased.
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CRC POST20 17 BCP ESC
10.
LAY OFF PROVISIONS: If Contractor is temporarily unable to use all or part of Contractor's Available Energy and/or Available Capacity, Staff may lay off that energy or capacity for any given month, pursuant to NAC 538.510, and Contractor may propose another Contractor to receive the Lay Off Energy. No other Contractor shall be obligated to accept any Lay Off Energy or Lay Off Capacity. Staff will make all reasonable efforts to lay off all or part of the energy and/or capacity which is the subject of the layoff, in accordance with the procedures outlined in the SABPs and any applicable agreements previously approved by the Commission, and as follows: 10.1
The maximum asking price set by Staff for layoff energy and/or capacity will include no more than the charges set forth in section 16 of this Contract, unless such charges are paid by the Contractor that is laying off the energy and/or capacity.
10.2
All applicable charges not paid by the purchaser of Lay Off Energy and/or Lay Off Capacity remain the responsibility of the Contractor laying off the energy and/or capacity and shall be offset by the money received by the Commission from the layoff of energy and/or capacity.
10.3
If Staff is unable to lay off energy and/or capacity with other Contractors or to another entity, Staff will request that Western attempt to lay off this energy and/or capacity, and the amount owed by the Contractor laying off the energy and/or capacity will be offset by the money received by the Commission from Western.
10.4
Any failure of the Commission, in whole or in part, to arrange for the layoff of energy and/or capacity, or to obtain the maximum asking price set by the Commission for that power, does not relieve the Contractor of its obligation to
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CRC POST2017 BCP ESC
pay the Commission for the full amount of energy and/or capacity scheduled, whether it is delivered to the Contractor or to others.
11.
ALLOCATION REDUCTION IN THE EVENT CONTRACTOR FAILS TO USE ITS ALLOCATION: Except as otherwise provided in this section, if Contractor does not use the full power resource available under its allocation set forth in Exhibit CRCESC-A, for three (3) consecutive Fiscal Years, the Commission, after notifying Contractor and reviewing comments, if any, submitted by Contractor within the time prescribed in the Commission's notice, may reduce Contractor's allocation of Electric Power to the extent of Contractor's failure to fully use the power resource available to them. A reduction in allocation of Electric Power may not be made: (i) if Contractor's failure to fully use its allocation results from Contractor's compliance with the requirements of an Integrated Resource Plan (IRP) program applied pursuant to section 18 of this Contract; or (ii) if the Commission has approved a pooling or sharing agreement which the Commission determines to provide for full utilization of the resource. In the event the Commission orders an allocation reduction pursuant to this section, the Commission shall, in implementing the reallocation of the Contractor's power resource, make reasonable efforts to collect the Contractor's shares of the remaining balances of Federal Repayable Capital Investments, Federal Working Capital and Federal Transitional Items from the entity receiving the reallocation, and shall credit such amounts to the Contractor as promptly as practicable following receipt of such amounts, unless Contractor has waived in writing its rights to receive such credits. If such a reduction is made, superseding Exhibit CRC-ESC-A, and Attachment Nos. CRCESC-1 and -2 reflecting the reduction shall be issued by the Commission.
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CRC POST20 17 BCP ESC
12.
CHANGE IN CHARACTERIZATION OF ENERGY:
When Excess Energy is
forecast, scheduled and delivered during any Fiscal Year, and later during such period it is forecast that only a Firm Energy or a reduced quantity of Excess Energy deliveries can be made, the amount of over-delivered Excess Energy shall be accounted for, and deducted from, Contractor's Available Energy in future months pursuant to the MSis.
13.
ENVIRONMENTAL ATTRIBUTES: 13.1
Contractor shall have the right to utilize any Environmental Attributes associated with Contractor's Allocation, for compliance with any environmental laws, regulations or standards applicable to Contractor; provided that any sale, transfer, or award of Environmental Attributes by Contractor to third parties shall be subject to approval by the Commission, which shall not be unreasonably conditioned, delayed or withheld.
The Commission agrees to undertake any
reasonable actions necessary to effectuate Contractor's use of the Environmental Attributes. The Commission makes no representation or warranty as to whether the Environmental Attributes, if any, associated with Contractor's Allocation are compliance instruments that qualify for or meet any particular environmental laws, regulations or standards applicable to Contractor.
Contractor shall be
responsible for all costs arising from or related to Contractor's use of Environmental Attributes. 13.2
Any Environmental Attribute not utilized by Contractor may be utilized by the Commission for the benefit of the State of Nevada or the BCP when feasible.
14.
ANNUAL FORECAST: The estimated amounts of Electric Power which are available for scheduling for each month of the succeeding Fiscal Year shall be set forth in an
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CRC POST2017 BCP ESC
Annual Forecast.
Staff shall provide the Annual Forecast to Contractor before each
Fiscal Year, which shall contain a monthly estimate of Contractor's Available Capacity and Available Energy, for the forthcoming Fiscal Year, as soon as practicable following receipt of forecast data from Western and Reclamation.
15.
SCHEDULING, ACCOUNTING AND BILLING PROCEDURES
(SABPs):
Commission Staff will work in consultation with Contractors, to develop prior to June 30, 2017, the SABPs for provision of services under this Contract, for approval by the Commission's Executive Director. These SABPs shall comply with the Commission's regulations and Western's MSis, and contain instructions detailing, without limitation, operating, metering, scheduling, pooling, lay off, delivery, accounting and billing procedures applicable to Contractor under this Contract.
16.
BILLINGS, PAYMENTS, RATES AND CHARGES: 16.1
General:
Contractor shall pay monthly for services provided hereunder. The
rates and charges billed to Contractor for Electric Power pursuant to NAC 538.610 shall include, but are not limited to the following charges: 16.1.1 Commission's Administrative Charge: The charge billed to Contractors to recover the Commission's costs associated with provision of services to this Contract, which is developed in accordance with NRS 538.226 and NAC 538.610. 16.1.2 MSCP Charge: The charge billed to Contractor for Contractor's share of Nevada's respective contribution to the cost of the MSCP, in accordance with the HP AA, the MSCP Agreement, and this Contract.
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CRC POST2017 BCP ESC
16.1.3 Western's Base Charge:
The charge billed to Contractor to recover
Contractor's share of Western's annual Base Charge for Hoover capacity and energy billed to the Commission, regardless of the actual output of the Hoover generating units, for reasons including but not limited to, low reservoir
elevation
or
other
Uncontrollable
Forces,
unless
the
Commission is relieved of its obligation under the Commission's Hoover Electric Service Contract
to pay to Western any or all of the Base
Charge. The Commission agrees that in the event Contractor is required to continue to make payments for Western's Base Charge for more than ninety (90) days without receiving Contractor's Allocation, and the Commission
determines
the
condition
will
be
continuing,
the
Commission shall make good faith efforts to seek to cause Western to adjust its Base Charges commensurate with the reduction in Contractor's allocation. 16.1.4 Federal Repayable Capital Investment: The charge billed to a Schedule D Contractor for its share of capital investments made by Schedule A and B Contractors prior to October 1, 2017, which the Commission shall credit to the Schedule A and B Contractors as promptly as practicable following receipt.
Schedule D Contractors may elect to pay for their
share of Federal Repayable Capital Investment in a lump sum payment or as otherwise permitted by the Commission's Hoover Electric Service Contract.
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CRC POST2017 BCP ESC
16.1.5 Federal Working Capital: The charge billed to Contractor for Federal Working Capital. 16.1.6 Federal Transitional Items: The charge billed to Contractor for Federal Transitional Items. 16.1. 7 Securities Repayment Charge:
The charge billed to Contractor for
Contractor's share of the debt service on securities issued in 2014 to reduce the cost of certain debt associated with the Hoover Dam Visitor Center and airslots, which shall not include repayment of any amounts Contractor made prior to October 1, 2017. 16.1.8 LCRBDF Charge: The charge billed to Contractor on energy deemed delivered and purchased by Contractor to fund the LCRBDF. 16.1.9 Other Charges:
Contractor shall pay its appropriate share of any
applicable charges billed to the Commission in connection with Contractor's receipt of Electric Power under this Contract, including, but not limited to, pass-through charges. 16.2
In addition to the charges set forth in 16.1, above, Contractor shall pay monthly for the following charges, if applicable: 16.2.1
The charges, or credits, for Firming Energy and/or Lay Off Power; and,
16.2.2
The charges, or credits, for shared or pooled power in accordance with Contractor's approved pooling agreement.
16.2.3
Late charges assessed pursuant to subsection 16.5 of this Contract, if any.
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CRC POST2017 BCP ESC
16.3
Rates and Charges: The rates and charges set forth in this section 16, as each may hereafter be amended or supplemented, will be included in a rates and charges schedule issued annually in accordance with the Commission's SABPs.
Any
change of rates and charges shall be developed pursuant to the Commission's regulations. 16.4
Billing and Payment: Bills will be issued for services provided by the Commission in accordance with the SABPs. Bills issued by the Commission are due and payable by Contractor, not more than twenty (20) Days after the invoice date.
16.5
Late Charges: If Contractor fails to pay its bills by the due date, late charges may be imposed: (i) to compensate the Commission for late charges that are assessed to the Commission by Western, Reclamation, or any other creditor, in connection with the charges for scheduling and delivery of Contractor's Electric Power; and (ii) for any other late charges approved by the Commission.
16.6
Creditworthiness and Collateral:
Contractor agrees to comply with the
Commission's creditworthiness and collateral requirements applied pursuant to NAC 538.744. 16.7
CRC Working Capital/Prepayment: If the Commission determines that it will need working capital to implement the terms of this Contract, or require prepayment for all or a portion of the amounts owed under this Contract, as authorized under NAC 538.744, Staff will present periodically a CRC Working Capital and/or prepayment proposal to the Commission for action at a
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CRC POST2017 BCP ESC
Commission meeting. Staff will provide Contractors with at least sixty (60) days to review and comment upon the CRC Working Capital and/or prepayment proposal prior to seeking Commission approval. Staff will recommend any initial CRC Working Capital and/or initial prepayment proposal for action by the Commission no later than the February 2017 Commission meeting, which may contain an option for Contractors to be billed monthly for CRC Working Capital over a period of up to six months. Amounts billed for CRC Working Capital under NAC 538.744 are separate from, and in addition to, amounts billed for Federal Repayable Capital Investment, Federal Transitional Items and Federal Working Capital. 16.8
If any portion of any bill described in this section 16 is disputed, the disputed amount shall be paid under protest when due and the protest shall be accompanied by a written statement indicating the basis for the protest.
17.
FEES, TARIFF RATES AND CHARGES UNDER NRS 704.787: Contractor shall pay applicable fees, tariff rates and charges as required by NRS 704.787 and the Commission's regulations.
18.
INTEGRATED RESOURCE PLANS:
Contractors are subject to certain IRP
requirements implemented by Western, as set forth in NAC 538.530. The Commission is required to demonstrate that its Contractors are in compliance with Western's IRP requirements. Contractor shall provide to the Commission the information and reports which the Commission needs to comply with Western's IRP requirements.
19.
RESTATED AGREEMENT: Each Contractor which receives its allocation pursuant to Schedule D authorizes the Commission to execute the Restated Agreement on its behalf,
214
26
CRC POST2017 BCP ESC
and for its benefit, in satisfaction of the Schedule D Contractor's obligation under section 2(d)(2)(E) ofthe HPAA.
20.
REALLOCATION OF ALL OR A PORTION OF SCHEDULE A, B AND D POWER: 20.1
Any allocated Schedule A, B or D power not under contract by October 1, 2017, shall be reallocated in accordance with the HPAA and NAC Chapter 538.
20.2
Contractor may at any time make a written request to the Commission for reallocation of all or a reasonable portion of Contractor's Allocation for the remaining duration of this Contract. Upon receiving a request for reallocation, the Commission shall seek to reallocate Contractor's Allocation as provided for in NAC Chapter 538.
20.3
The Commission reserves the right to not provide for any reallocation that it deems a financial risk to the State of Nevada, or otherwise fails to meet the requirements of applicable statutes and regulations.
20.4
The Commission further reserves the right to prescribe termination payments or other mechanisms to protect the fiscal health of the Commission and the State in the event that the Commission is not able to reallocate the portion of Contractor's Allocation, unless the termination is made pursuant to subsection 20.6.
20.5
Contractor shall remain responsible for all payments under this Contract unless and until a reallocation of Contractor's Allocation and compliance with termination payments or other mechanisms prescribed by the Commission (if any), under subsection 20.4 above are complete.
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CRC POST2017 BCP ESC
20.6
Notwithstanding the provisions of subsection 20.5, a ScheduleD Contractor may make a written request to the Commission, between October 1, 2017 and November 1, 2017, for termination of its Contract.
Upon receipt of such a
request, the Commission will take steps to immediately provide for use of Contractor's allocation in any manner permitted by this Contract, the Commission's contracts with Western, and the Commission's regulations, and will refund to Contractor in a timely fashion any and all amounts paid by Contractor under this Contract, with the exception of payment for Electric Power received by Contractor under this Contract.
The Commission's obligation under this
subsection 20.6 to refund to Contractor the amounts paid by Contractor under this Contract, shall survive termination of this Contract and termination of the MSCP Agreement. 20.7
If Contractor's Allocation is reallocated in accordance with this section, or Contractor has complied fully with termination payments or other mechanisms prescribed by the Commission under subsection 20.4 above (if any) are complete, this Contract and the MSCP Agreement shall terminate on the date provided in written notice from the Commission.
After termination of this Contract,
Contractor shall have no further payment or other obligations under this Contract, the Restated Agreement or the MSCP Agreement, except for outstanding Contract payment obligations incurred prior to the reallocation. 20.8
A Contractor requesting a reallocation under this section 20 also may request that the Commission attempt to recover from the entity accepting the reallocated Electric Power, the requesting Contractor's share of the remaining balances of
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CRC POST20 17 BCP ESC
Federal Repayable Capital Investments, Working Capital and Transitional Items. Staff will apply reasonable best efforts to calculate the amounts associated with these items at the time of the reallocation, provided that the Commission receives from Western and Reclamation the data and information needed to perform this calculation. The Commission may decline to seek recovery of these amounts from the entity accepting the reallocated Electric Power if the Contractor requesting the reallocation is not in good standing under the terms of this Contract, or if doing so would result in increased risk to the State of Nevada. 20.9
If the Commission reallocates Schedule A, B or D power, the Commission shall
issue new Exhibit CRC-ESC-A and new Attachment Nos. CRC-ESC-1 and -2 to reflect the new allocation(s).
21.
DEFAULT BY CONTRACTOR: Subject to the Commission's regulations set forth at NAC 538.746, Contractor shall be in default if any bill for Electric Power, or for any of the other charges applied under this Contract including but not limited to the charges set forth in section 16 of this Contract, is not paid timely. The Commission shall provide notice to Contractor of the default, and Contractor shall have the opportunity to cure its non-performance, as provided for under NAC 538.746. The Commission may at its discretion terminate this Contract if Contractor fails to timely cure the default, provided that Contractor's obligation to make payment for Electric Power herein shall survive termination of this Contract unless and until the Commission reallocates or assigns Contractor's Allocation to other entities. In the event of default, Contractor shall not receive any reimbursement for its share of the remaining balances of Federal Repayable Capital Investment, Federal Transitional Items or Federal Working Capital, or costs
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CRC POST2017 BCP ESC
associated with Contractor's allocation.
Any default or failure of performance by
Contractor(s) shall not have the effect of diminishing another Contractor's rights under its Contract.
22.
EFFECTS OF TERMINATION: 22.1
Contractor's rights and obligations under this Contract, the MSCP Agreement, and the Restated Agreement will end, concurrent with the effective date of any termination of this Contract.
22.2
At the end of a term specified in section 4, the Commission may allocate to Contractors and/or new entities the Electric Power from the BCP which becomes available as a result of the end of that Contract term. The Commission shall bill the new and/or existing contractors receiving such allocations for their shares of the remaining balances of Federal Repayable Capital Investment, Federal Working Capital and Federal Transitional Items paid by Contractor prior to the end of the Contract, and shall remit such amount to Contractor that paid such advances following receipt of the funds from the contractors receiving such allocations.
23.
FORWARD CONTRACT: The Parties acknowledge and agree that this Contract and the transactions contemplated by this Contract constitute a "forward contract" and that the Commission and Contractor are each "forward contract merchants" within the meaning of the United States Bankruptcy Code (11 U.S.C. § 101 et seq., as amended), and any successor statute.
24.
CONTINGENCY PLANNING: Section 10 of the Restated Agreement provides for contingency planning activities to be conducted in the event of Hoover Dam capacity loss
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CRC POST2017 BCP ESC
below 1000 MW or certain Uncontrollable Forces events. The Commission agrees that, in the event that contingency planning activities are triggered under section 10 of the Restated Agreement, it will meet and confer with Contractors on any mechanisms proposed by Reclamation and Western to reduce or control Hoover costs or seek other forms of relief.
25.
CONTRACTOR USE OF THIS CONTRACT TO SUPPORT CERTAIN DEBT FINANCING:
Contractor may encumber the Contract, only with the prior written
approval of the Commission, which shall not be unreasonably conditioned, withheld or delayed, only in support of the issuance of debt financing incurred by Contractor in furtherance of Contractor's provision of Electric Power to its customers or meeting Contractor's electrical load, and only to the extent the terms of such encumbrance are consistent with the provisions of the Commission's Hoover Electric Service Contract, this Contract, and NRS and NAC Chapter 538. Any such encumbrance must be subject and subordinate to:
(i) the provisions of any existing or future resolutions or other
instruments of the Commission authorizing the issuance of bonds or other obligations of the State or Commission to finance the Hoover Powerplant or any improvement thereto (including any obligations refunding such bonds or other obligation); (ii) any hypothecation of or encumbrance on the Commission's Hoover Electric Service Contract granted by the Commission in accordance with the provisions of the Commission's Hoover Electric Service Contract, and (iii) all of the Commission's rights under this Contract, including the Commission's rights to exercise remedies for a breach of this Contract which are provided in this Contract or are otherwise available to the Commission by law.
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CRC POST2017 BCP ESC
26.
CONTRACTOR RIGHT TO RENEW: In 1993, the Nevada legislature passed an amendment to NRS 538.181 which granted a right of contract renewal to the Commission's customers who had a contract for the purchase of power from the Commission which was in effect on July 1, 1993. In 1994, the Commission executed Amendment No. 1 to the contracts with its Schedule A and B Contractors for delivery of power from June 1, 1987, through September 30, 2017, to provide these Contractors with a right to renew such contracts in the manner and to the extent provided in that amendment.
The Commission's Schedule A and B Contractors agree that the
Commission fulfills its contract renewal obligation under the 1993 legislation and Amendment No. 1, by entering into this Contract.
27.
ASSIGNMENTS: Contractor may assign this Contract, pursuant to NAC 538.550, only with the prior written approval of the Commission, which shall not be unreasonably withheld or delayed.
Such assignment shall take effect only upon satisfaction of all
requirements for the assignment including the assumption by the assignee of all obligations and liabilities under the Contract.
28.
UNCONTROLLABLE FORCES: No Party shall be considered to be in breach of this Contract to the extent that a failure to perform its obligations under this Contract is due to Uncontrollable Forces.
The term "Uncontrollable Forces" means an event or
circumstance which prevents one Party from performing its obligations under this Contract, which event or circumstance is not within the reasonable control of the Party asserting Uncontrollable Forces, does not result from the negligence of the claiming Party, and which by the exercise of due diligence the claiming Party is unable to avoid, cause to be avoided, mitigated or overcome.
So long as the requirements of the
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CRC POST2017 BCP ESC
preceding sentence are met, "Uncontrollable Forces" may include and is not restricted to flood, drought, earthquake, storm, wind, fire, lightning, epidemic, war, riot, act of terrorism, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by order of a court or public authority, and action or non-action by, or failure to obtain the necessary authorizations or approvals from, any governmental agency or authority. Nothing contained herein shall be construed to require a Party to settle any strike or labor dispute in which it may be involved. No Party shall be relieved by the operation of this section of any obligation to pay all of the charges set out in section 16. Any Party rendered unable to fulfill any of its obligations by reason of Uncontrollable Forces shall give prompt written notice of such fact to the other Party and shall exercise due diligence to remove such inability to fulfill any of its obligations with all reasonable dispatch.
29.
AMENDMENTS AND MODIFICATIONS:
This Contract may be amended or
modified only by an amendment or modification duly and lawfully executed by the Parties, with the exception of amendments and modifications to Exhibits and Attachments, made as provided for in sections 30 and 31.
30.
EXHIBITS: The initial Exhibits CRC-ESC-A through D are attached hereto and made a part hereof, and each shall be in force and effect in accordance with its respective provisions until superseded by a subsequent exhibit executed by the Authorized Representatives. The initial Exhibit CRC-ESC-A may be reissued by the Commission prior to October 1, 2017, as required due to reallocation of Schedule D power, without requiring approval by Contractor. On or after October 1, 2017, Exhibits may only be added or revised by execution by the Authorized Representatives. Each superseding
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CRC POST2017 BCP ESC
Exhibit shall be attached to and become part of this Contract.
31.
ATTACHMENTS: Inasmuch as certain terms of this Contract may change during the term of this Contract, they will be set forth in attachments as formulated and modified from time to time. The initial attachments are attached hereto, and each is incorporated into this Contract in accordance with its respective terms until superseded by a subsequent attachment. Changes, additions, or modifications to the attachments shall be reflected in new or revised attachments and will be distributed in accordance with Exhibit CRC-ESC-D.
32.
AUTHORIZED REPRESENTATIVES: Each Party, by written notice to the other, shall designate the representative(s) who is (are) authorized to act on its behalf with respect to those matters contained herein which are the functions and responsibilities of its Authorized Representative(s).
In case a Party designates more than one
representative, the notice shall state the particular matter(s) upon which each designated representative is authorized to act.
Either Party may change the designation of its
Authorized Representative(s) upon written notice to the Commission. 33.
FUTURE REGULATIONS, MODIFICATIONS, AND WAIVERS: 33.1
Future Regulations and Statutes: From time to time additional or amendatory regulations or statutes may be promulgated, or statutes may be enacted, as deemed necessary for the administration of this Contract in accordance with applicable law; provided that no right under this Contract shall be impaired, or obligation thereunder be extended or expanded thereby.
33.2
Modifications, Extensions, and Waivers: Any modification, extension, or waiver
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CRC POST2017 BCP ESC
of any provision or requirement of this Contract granted for the benefit of Contractor(s) in connection with electric power from the BCP shall not be denied to any other Contractor.
34.
ACCESS TO BOOKS AND RECORDS: 34.1
The Authorized Representative(s) of the Commission shall have the right to inspect at all reasonable times during normal business hours, the books and records of Contractor related to the Electric Power purchased hereunder, with the right to make copies of those books and records; and, shall have the right to inspect Contractor's meter data and facilities as authorized by NAC 538.570.
34.2
The Authorized Representative of Contractor shall have the right to inspect at all reasonable times during normal business hours, the books and records of the Commission related to the Electric Power purchased by Contractor hereunder, with the right to make copies of those books and records, which access will be provided in compliance with NRS Chapter 239.
35.
PROPRIETARY AND CONFIDENTIAL INFORMATION: In the event that Contractor asserts that any books and records which the Commission may inspect pursuant to this Contract or other operational data that Commission may receive in the implementation of this Contract, are privileged or confidential, Contractor may request confidential treatment of such information at the time of submittal, which the Commission may grant, subject to the requirements of NRS Chapter 239, provided that Contractor clearly marks the information for which it seeks confidential treatment and complies with the requirements of NRS Chapter 239 and other applicable laws. The Parties recognize the Commission's duties under NRS Chapter 239, and do not intend to
223 35
CRC POST2017 BCP ESC
alter the Commission's duties thereunder or to require the Commission to do, or refrain from doing, anything contrary to NRS Chapter 239.
36.
NOTICES:
Notice provided under this Contract shall be:
(i) made in writing, (ii)
delivered personally, sent by certified mail (postage prepaid, return receipt requested), or sent by a recognized courier, and (iii) addressed to a Party as set forth in Exhibit CRCESC-D. 37.
REFERENCE
TO
SECTION,
SUBSECTION,
PARAGRAPH,
OR
SUBPARAGRAPH: A reference to a section, subsection, paragraph, or subparagraph shall include all the subparts of such referenced section, subsection, paragraph, or subparagraph.
38.
HEADINGS; CROSS REFERENCES: The headings or section titles contained in this Contract are used solely for convenience and do not constitute a part of this Contract, nor should they be used to aid in any manner in the construction of this Contract.
All
references in this Contract to sections, subsections, paragraphs, exhibits and attachments are to sections, subsections, paragraphs, exhibits and attachments in this Contract, unless otherwise specified.
39.
CONTINUED COOPERATION: The Commission and Contractor will work together in a collaborative manner to accommodate changes in circumstances during the term of this Contract, including without limitation evolving wholesale energy markets and transmission services, modifications to the BCP, and changes in technology and hydrology, by taking necessary action which may include amending this Contract or execution of ancillary agreements.
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CRC POST2017 BCP ESC
40.
DISPUTES: 40.1
Disputes and disagreements between Staff and Contractor as to the interpretation or performance of the provisions of this Contract shall be presented to the Commission for decision. In the event that a dispute is not resolved to the satisfaction of each Party by the Commission's decision, the Parties may pursue any and all legal remedies. This Contract and the rights and obligations of the parties hereto shall be governed by, and construed according to the laws of the State of Nevada, without giving effect to any principle of conflict of laws that would require the application of the law of any other jurisdiction. The parties consent to the exclusive jurisdiction of a court of competent jurisdiction in Clark County, Nevada for enforcement of this Contract.
40.2
If in any such court proceeding, an amount paid by Contractor on the demand or bill of the Commission is held not to have been due, it shall be refunded with no interest.
41.
EXECUTION IN COUNTERPART: This Contract may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and delivered counterparts together shall have the same force and effect as an original instrument as if both Parties had signed the same instrument. Any signature page of this Contract may be detached from any counterpart of this Contract without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Contract identical in form hereto, by having attached to it one or more signature pages.
42.
AUTHORITY TO EXECUTE: Each individual signing this Contract certifies that the Party represented has duly authorized such individual to execute this Contract that binds and obligates the Party.
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CRC POST2017 BCP ESC
The Parties agree this Contract No. P26-BCPESC-D has been duly and lawfully executed by Contractor and will be approved by the Commission, and submitted to the Governor of the State of Nevada for consideration and signature, and is to be effective in accordance with section 4 herein.
State of Nevada, acting by and through its COLORADO VER COMMISSION OF NEVADA
Approved as to form:
4.. ! . ~
s-/3/16
Ann C. Pongrac Date Special Counsel to the Colorado River Commission of Nevada
CITY OFMF.S~DA
flf;, 't' ~
Allan s. Litrrl n Mayor
s;(~ /D ~ City Attorney
Attest:
2~
Date
City Clerk
226 38
CRC POST20 17 BCP ESC
EXHIBIT CRC-ESC-A CONTRACTOR'S ALLOCATION OF CONTINGENT CAPACITY AND FIRM ENERGY 1.
This Exhibit CRC-ESC-A, under and as part of this Contract, shall become effective October 1, 2017, and shall remain in effect until superseded by a new Exhibit CRC-ESCA as approved by the Parties in accordance with the Contract; provided, however, that this Exhibit CRC-ESC-A or any superseding Exhibit CRC-ESC-A shall be terminated upon expiration or earlier termination of the Contract.
2.
The Contractor's Contingent Capacity is documented below. Contractor
Schedule D Contingent Capacity (kW)
City of Mesquite
3.
1,000
4.5444%
The Contractor's Firm Energy is documented below. Contractor
Schedule D Firm Energy
City of Mesquite
4.
(Percent %) 1
(kWh)
(Percent%)
2,181,842
4.5431%
Excess Energy shall be offered to the Contractor by the Commission, if and when it becomes available to the Commission, in an amount and under such terms as determined by the Commission at the time it becomes available. No Contractor shall be obligated to accept Excess Energy. Any Excess Energy accepted by the Contractor shall be included in the Annual Forecast.
1
Percentages based on share of total CRC Schedule A, B or D Allocations
227 1
Exhibit CRC-ESC-A
EXHIBIT CRC-ESC-B CONTRACTOR'S AVAILABLE ENERGY, AVAILABLE CAPACITY, AND OTHER TERMS
1.
This Exhibit CRC-ESC-B, under and as part of this Contract, shall become effective October 1, 2017, and shall remain in effect until superseded by another Exhibit CRCESC-B as approved by the Parties in accordance with the Contract; provided, however, that this Exhibit CRC-ESC-B or any superseding Exhibit CRC-ESC-B shall be terminated upon the expiration or earlier termination of the Contract.
2.
CONTRACTOR'S AVAILABLE ENERGY: The Contractor's Available Energy pursuant to the Contract shall be determined by the following formula:
2.1
CAE= (P x B)+ C + D
Where (values deemed to be in thousands ofkWh), CAE
=
Contractor's Available Energy for the respective period.
P
=
Contractor's percentage of total Schedule A, Schedule B, and Schedule D Firm Energy.
B
C
D
2.2.
Hoover generation for the applicable period, scheduled and delivered to the Commission by Western. =
Excess Energy for the respective period available to the Contractor, in accordance with this Contract. Contractor's requested Firming Energy purchase pursuant to the Contract.
Contractor's Available Energy will then be rounded to the nearest whole megawatt hour for scheduling purposes.
228 1
Exhibit CRC-ESC-B
3.
CONTRACTOR'S AVAILABLE CAPACITY:
3.1.
The Contractor's portion of Available Capacity pursuant to the Contract shall be determined by the following formula: CAC = (P x B) Where (Values deemed to be kW), CAC
Contractor's Available Capacity for the respective period.
P
Contractor's percentage of total Schedule A, Schedule B, and Schedule D Contingent Capacity.
B 3.2.
Available Capacity to the Commission
Contractor's portion of Available Capacity will then be rounded to the nearest whole megawatt for scheduling purposes.
4.
The following terms, when used in the Contract (including the Exhibits or attachments to it), shall have the meanings specified: 4.1
NERC Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
4.2
Normal Business Day:
Monday through Friday inclusive, except for NERC
Holidays. 4.3
Off-Peak Hours: All day on Sundays and NERC Holidays, and the following hours on Mondays through Saturdays: 4.3 .1
Hour ending one ( 1) through hour ending eight (8) Central Prevailing Time.
4.4 5.
On-Peak Hours: All other hours that are not Off-Peak Hours.
This Exhibit CRC-ESC-B may be modified in accordance the Contract.
229 2
Exhibit CRC-ESC-B
EXHIBIT CRC-ESC-C DELIVERY CONDITIONS
1.
EFFECTIVE DATE(S): This Exhibit CRC-ESC-C, under and as part of this Contract,
shall become effective October 1, 2017, and shall remain in effect until superseded by another Exhibit CRC-ESC-C as approved by the Parties in accordance with the Contract; provided, however, that this Exhibit CRC-ESC-C or any superseding Exhibit CRC-ESC-C shall be terminated upon the expiration or earlier termination of the Contract. 2.
POINT(S) OF DELIVERY: The Commission shall deliver Electric Power allocated to
Contractor at the Mead 230-kV Substation. 3.
POWER FACTOR: Contractor shall comply with the Commission's requirement to
maintain a ratio between "real power" in kilowatts and "apparent power" in kilovoltamperes ("power factor") within at least 95 percent, if called upon to do so, or must receive power over the facilities of a utility that is able to maintain that ratio. 4.
This Exhibit CRC-ESC-C may be modified in accordance with the Contract.
230 1
Exhibit CRC-ESC-C
EXHIBIT CRC-ESC-D NOTICES AND AUTHORIZED REPRESENTATIVES
1.
This Exhibit CRC-ESC-D, under and as part of this Contract, shall become effective October 1, 2017, and shall remain in effect until superseded by another Exhibit CRCESC-D as approved by the Parties in accordance with the Contract, provided, however, that this Exhibit CRC-ESC-D or any superseding Exhibit CRC-ESC-D shall be terminated upon the expiration or earlier termination of the Contract.
2.
For the purposes of the Contract, all notices and official communications from the Contractor to the Commission will be addressed and sent to the Commission's Authorized Representative: Colorado River Commission ofNevada Attn: Executive Director 555 E. Washington Avenue, Suite 3100 Las Vegas, Nevada 89101 Phone: (702) 486-2670 Fax: (702) 486-2695 Email:
[email protected]
3.
For the purposes of the Contract, all notices and official communications from the Commission to the Contractor will be addressed and sent to the Contractor's Authorized Representative: City of Mesquite Attn: City Manager 10 East Mesquite Blvd Mesquite, Nevada 89027 Phone: (702) 346-5295 Email:
[email protected]
231 1
Exhibit CRC-ESC D
ATTACHMENT NO. CRC-ESC-1 HOOVER POWER CONTINGENT CAPACITY ALLOCATIONS OF ALL CRC CONTRACTORS SCHEDULE A CAPACITY Contingent Percent Contractor Capacity ofCRC American Pacific Corporation 10,730 5.6217% Basic Water Company 4,875 2.5541% Lhoist North American Inc. 386 0.2022% Lincoln County Power District No. I 4,876 2.5546% Nevada Power Company 101,222 53.0322% Overton Power District No. 5 6,571 3.4427% Southern Nevada Water Authority 15,357 8.0458% Titanium Metals Corporation 21,609 11.3214% Tronox LLC 17,824 9.3383% Valley Electric Association Inc. 7,419 3.8870% Total 190,869 100.000%
Customer Type Year of Utility Non-Utility Expiration 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X
SCHEDULE 8 CAPACITY Contingent Percent Contractor ofCRC Capacity City of Boulder City 8,584 4.5212% Lincoln County Power District No. 1 21,550 11.3505% Nevada Power Company 136,336 71.8087% Overton Power District No. 5 13,136 6.9188% Valley Electric Association Inc. 10,254 5.4008% Total 189,860 100.000%
Year of Customer Type Utility Non-Utility Expiration X 2067 2067 X 2067 X 2067 X 2067 X
SCHEDULED CAPACITY Percent Contingent ofCRC Capacity 906 4.1172% 1,000 4.5444% 1,054 4.7898% 1,000 4.5444% 1,000 4.5444% 763 3.4674% 1,000 4.5444% 3,000 13.6333% 680 3.0902% 1,000 4.5444% 281 1.2770% 3,000 13.6333% 2,260 10.2704% 1,750 7.9527% 109 0.4953% 281 1.2770% 116 0.5272% 305 1.3860% 2,500 11.3612% Total 22,005 100.000%
Year of Customer Type Utility Non-Utility Expiration 2067 X 2032 X 2067 X 2032 X 2032 X 2067 X 2032 X 2067 X 2067 X 2032 X 2067 X 2067 X 2032 X 2032 X 2067 X 2067 X 2067 X 2067 X 2032 X
Contractor City of Henderson City of Henderson City of Las Vegas City of Las Vegas City of Mesquite City ofN. Las Vegas City ofN. Las Vegas CC School District CCWRD CCWRD CSN LVVWD LVVWD Olin Chlor Alkali State ofNV, Admin State of NV, Corrections State of NV, Transportation UNLV UNLV
Page I
Attachment No. CRC-ESC-1
232
ATTACHMENT NO. CRC-ESC-2 HOOVER POWER FIRM ENERGY ALLOCATIONS OF ALL CRC CONTRACTORS SCHEDULE A ENERGY Firm Energy Percent (kWh) Contractor ofCRC American Pacific Corporation 47,454,729 7.7327% Basic Water Company 9,251,239 1.5075% Lhoist North American Inc. 2,055,858 0.3350% Lincoln County Power District No. 1 19,690,457 3.2085% Nevada Power Company 228,093,166 37.1675% Overton Power District No. 5 26,539,288 4.3246% Southern Nevada Water Authority 71,440,089 11.6411% Titanium Metals Corporation 107,417,054 17.5035% Tronox LLC 71,783,386 11.6970% Valley Electric Association Inc. 29,963,734 4.8826% Total 613 ,689,000 100.000%
Customer Type Year of Utility Non-Utility Expiration X 2067 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X 2067 X X 2067
SCHEDULE B ENERGY Firm Energy Percent Contractor (kWh) ofCRC City of Boulder City 16,976,897 4.3375% Lincoln County Power District No. 1 73,645,433 18.8159% Nevada Power Company 269,632,797 68.8893% Overton Power District No.5 19,898,972 5.0840% Valley Electric Association Inc. 11,245,901 2.8733% Total 391,400,000 100.000%
Customer Type Year of Utility Non-Utility Expiration X 2067 2067 X 2067 X 2067 X 2067 X
Contractor City of Henderson City of Henderson City of Las Vegas City of Las Vegas City of Mesquite City ofN. Las Vegas City ofN. Las Vegas CC School District CCWRD CCWRD CSN LVVWD LVVWD Olin Chlor Alkali State ofNV, Admin State ofNV, Corrections State ofNV, Transportation UNLV UNLV
SCHEDULE D Firm Energy (kWh) 1,977,993 2,181,842 2,301 109 2,181,842 2,181,842 1,665,793 2,181 ,842 6,549,645 1,484,586 2,181,842 613,483 6,549,646 4,930,962 3,818,223 237,970 613,483 253 ,253 665,881 5,454,605 Total 48,025,842
ENERGY Percent ofCRC 4.1186% 4.5431% 4.7914% 4.5431% 4.5431% 3.4685% 4.5431% 13.6377% 3.0912% 4.5431% 1.2774% 13.6377% 10.2673% 7.9504% 0.4955% 1.2774% 0.5273% 1.3865% 11.3576% 100.000%
Page I
Customer Type Year of Utility Non-Utility Expiration X 2067 2032 X 2067 X 2032 X 2032 X 2067 X 2032 X 2067 X 2067 X 2032 X 2067 X 2067 X 2032 X 2032 X 2067 X 2067 X 2067 X 2067 X 2032 X
Attachment No. CRC-ESC-2
233
ATTACHMENT NO. CRC-ESC-3 PRINCIPLES OF USE
I.
CRC Electric Utility Contractors for post-20 17 Hoover power pursuant to the HP AA: A. B.
C.
D.
E.
Must receive that power at a location in this state which is within Western's defined marketing area for the Boulder Canyon Project. May not resell that power outside the State of Nevada or outside Western's defined marketing area for the Boulder Canyon Project without the prior approval of the Commission. May resell that power to serve customers within its service area in this State and within Western's defined marketing area for the Boulder Canyon Project, without the prior approval of the Commisison. Must use the full power resource available to them, including energy, capacity, and the dynamic signal and other ancillary services, and pass through to its customers located within Western's defined marketing area for the Boulder Canyon Project the economic benefits of the energy, capacity, and dynamic signal and other ancillary services utilized by the customers, and provide to Staff information demonstrating compliance with this requirement upon request. In addition to complying with the requirements of paragraphs 1 A-D above, Nevada Power Company shall pass through to its residential class of ratepayers the economic benefits of power from Schedule B.
II. CRC Contractor that is not an Electric Utility for post-20 17 Hoover power pursuant to the HPAA: A.
B.
May not share, resell, pool, lease or change the point of use of that power without the prior approval of the Commission, which may be granted for not more than three years. If the CRC Contractor that is not an Electric Utility purchases power provided by the Commission for its own use, the Contractor shall provide the Commission with meter data and other information necessary for the provision and billing of electric service by: 1. Using suitable equipment for metering power delivered to it by the Commission that meets all applicable standards of the electric utility industry or such other standards as may be approved by the Executive Director; or, 2. Obtaining interconnection to the transmission system through an electric distribution provider that has metering that meets all applicable standards
234 1
Attachment No. CRC-ESC-3
3.
4.
5. 6.
of the electric utility industry or such other standards as may be approved by the Executive Director. Upon the request of the Staff and at any time specified by the Staff, providing the Staff with such revenue quality meter data as may be required by the Executive Director. Upon the request of the Staff and at any time specified by the Staff, providing the Staff with immediate physical access to the metering equipment used by the Contractor to measure the-Contractor's load for the purposes of inspection and verification of the accuracy of the metering equipment. Seeking resolution by the Executive Director of the Commission of any claims regarding inaccuracy of a meter. If the CRC Contractor that is not an Electric Utility obtains all of its Electric Power from the Commission, then the Contractor must provide the Commission with the ability to physically disconnect the Contractor's power for failure to pay a power invoice from the Commission in a timely manner, without adversely impacting the delivery of power to other Contractors.
Note: The Commission will issue updates to this Attachment No. CRC-ESC-3 as needed to reflect changes to NAC 538.540, 538.560 and 538.570 that are approved throughout the term of this Contract.
235 2
Attachment No. CRC-ESC-3
ATTACHMENT NO. CRC-ESC-4 FIRST AMENDED MSCP AGREEMENT (First Amended Agreement to Share the Costs of Implementation of the Lower Colorado River Multi-Species Conservation Program will be attached here after it is executed.)
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EXHIBIT B – SCHEDULING AND INTEGRATION CHARGE AND RETAIL SERVICE CREDIT
390
EXHIBIT B – SCHEDULING ENTITY AND RESOURCE INTEGRATION SERVICES CHARGE AND RETAIL SERVICE CREDIT
391 1
EXHIBIT B – SCHEDULING ENTITY AND RESOURCE INTEGRATION SERVICES CHARGE AND RETAIL SERVICE CREDIT Revision:
1
Dated:
March 1, 2017
Effective:1
October 1, 2017
The Scheduling Entity and Resource Integration Services Charge (SERISC) shall be comprised of the following components: SERISC = (i) + (ii) + (iii) + (iv) + (v), where: (i) = A flat monthly fee for administrative costs incurred by OPD, of $85.38. The fee may be adjusted annually to reflect actual cost. (ii) = A flat monthly fee, based on 1,000 kW for the use of OPD's third party transmission and ancillary services agreements at the prevailing rate(s) set out in those agreements, without markup, of $3,213.03. This fee will be adjusted annually as changes are received from the third party provider. (iii) = A per kW fee, based on 1,000 kW for scheduling by OPD’s third party scheduling entity, of $1.00 per kW. This fee may be adjusted as changes are received from the third party provider. (iv) = A flat monthly fee, based on average imbalance charges, of $473.61. This fee will be adjusted annually to reflect actual cost. (v) = A per kWh fee, including losses, for the proportional use of OPD’s distribution and transmission system. The tariff used in the calculation may be changed with approval of OPD’s Board of Trustees.
The Retail Service Credit (RSC) shall be comprised of the following components: RSC = (i) + (ii) + (iii) – SERISC (i) = A per kWh credit, including losses, for energy supplied by the City's Hoover Schedule D resource when received and delivered by OPD to City's retail electric loads within OPD's electric service territory times OPD's Municipal and Water District Tariff of $0.0655 per kWh. The tariff used in the calculation may be changed with approval of OPD’s Board of Trustees. (ii) = A per kW credit, including losses, for capacity supplied by the City's Hoover Schedule D resource when received and delivered by OPD to City's retail electric loads within OPD's electric service territory times OPD's Municipal and Water District Tariff of $8.62 per kW. The tariff used in the calculation may be changed with approval of OPD’s Board of Trustees. (iii) = A per kWh credit for environmental attributes associated with the City’s Hoover Schedule D resource being utilized by OPD
392 2
EXHIBIT B – SCHEDULING ENTITY AND RESOURCE INTEGRATION SERVICES CHARGE AND RETAIL SERVICE CREDIT Refund Calculation for: Mesquite's Actual Monthly Energy Received from CRC (kWh) Mesquite's Monthly Capacity Allocation from CRC (kW)
Monthly Schedule Entity and Resource Integration Services Charge (SERISC) Administrative Costs (i) Administrative Charge 1 Total
$ $
85.38 85.38
$
3,163.03
$
50.00
$
3,213.03
Third Party Transmission Charge (ii) Mesquite Transmission Charge 2 Reactive Charge ($0.05/kW x 1,000 kW)
2
Third Party Transmission Charge Third Party Scheduling Charge (iii) Scheduling Cost / Month ($1.00/kW x 1,000 kW) 1
$
1,000.00
Imbalance Charge (iv) Average Imbalance Charge per month 1
$
473.61
OPD Municipal & Water District Tariff 3 OPD Monthly Average Cost of Power
$ $
0.0655
Difference
$
0.0125
OPD T&D Charge (v)
Mesquite's CRC Energy Allocation (kWh) / Month
OPD T&D Charge for Mesquite / Month
$
SERISC Total
$
393 3
EXHIBIT B – SCHEDULING ENTITY AND RESOURCE INTEGRATION SERVICES CHARGE AND RETAIL SERVICE CREDIT CONTINUED The Retail Service Credit (RSC) kWh Credit (i) Energy Allocation Less Losses OPD Municipal & Water District Tariff 3
$
kWh Credit
$
0.0655
kW Credit (ii) Capacity Allocation less Losses OPD Municipal & Water District Tariff 3
$
kWh Credit
$
Environmental Attribute Credit (iii) Enviro. Attributes Utilized by OPD
$
RSC Subtotal
$
Retail Service Credit
$
1
- Charge to be recalculated for Exhibit B by March 1 of each year
2
- Charge to be updated for Exhibit B when changed by third party supplier
3
- This value to be updated when the tariff changes
8.62
-
394 4
City Council Agenda Item Report Submitted by: Tracy Beck Submitting Department: City Manager Meeting Date: March 28, 2017
Subject: Public Comment Recommendation: Petitioner: Andy Barton, City Manager Is this a budgeted item? No Fiscal Impact:
Background: Contract Bid Expires On: Attachments:
395
City Council Agenda Item Report Submitted by: Tracy Beck Submitting Department: City Manager Meeting Date: March 28, 2017
Subject: Adjournment Recommendation: Petitioner: Andy Barton, City Manager Is this a budgeted item? No Fiscal Impact:
Background: Contract Bid Expires On: Attachments:
396