Humboldt County Board Of CommissionersJune 1, 2020Page 1

Notice of Public MeetingHUMBOLDT COUNTY BOARD OF COMMISSIONERS

Humboldt County Board of Commissioners Regular MeetingMonday, June 01, 2020

9:30 AM:

Humboldt County Courthouse Meeting Room 20150 West Fifth Street, Winnemucca, Nevada 89445

All times on this agenda are approximate. Consideration of items may require more or less timethan is scheduled. Items on the agenda may be taken out of order; the public body may combinetwo or more agenda items for consideration; and the public body may remove an item from theagenda or delay discussion relating to an item on the agenda at any time. Public comment isdesignated for discussion only. The public has the opportunity to address the Commission on anymatter not appearing on the agenda; however, no action may be taken on Matter raised until thematter itself has been specifically included on the agenda as an item upon which action may betaken. Additionally, public comment may be heard on any item listed on the Agenda. Persons areinvited to submit comments in writing and/or attend and make comments on any agenda item at theCommission meeting. All public comment may be limited to three (3) minutes per person, at thediscretion of the Commission.

Agenda - Monday, June 1, 2020

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT - General public comment is designated for discussion only. The public has theopportunity to address the Commission on any matter not appearing on this agenda; however, noaction may be taken on a matter raised until the matter itself has been specifically included on theagenda as an item upon which action may be taken.

4. APPROVAL OF MINUTES (FOR POSSIBLE ACTION) - Discussion and action oncorrection/approval of minutes for March 28-29, 2016; January 3, 2017; January 17, 2017 (Joint); February 6, 2017 (Special): February 21, 2017; March 6, 2017; March 20, 2017; March 27, 2017(Budget Hearing); April 3, 2017; April 10, 2017 (Special/6th Judicial); April 17, 2017; May 1, 2017(Joint); May 15, 2017; June 5, 2017; June 19, 2017; July 10, 2017; August 7, 2017 (Joint); August21, 2017; December 11, 2017 (Joint); January 16, 2018; January 29, 2018 (Retreat); February 5,2018 ; February 20, 2018; March 5, 2018; April 2, 2018 (Budget Hearing); April 9, 2018; August 6,2018; August 20, 2018; September 17, 2018; October 1, 2018; October 15, 2018; March 18, 2019,March 25 (Budget Hearings); April 1, 2019; May 6, 2019; May 20, 2019; June 3, 2019; June 25, 2019(Special); August 5, 2019; August 19, 2019; September 16, 2019; October 21, 2019; November 4,

1

Humboldt County Board Of CommissionersJune 1, 2020Page 2

2019; January 6, 2020; January 21, 2020 (Combined Regular and Retreat); January 30, 2020;February 3, 2020, February 18, 2020; March 2, 2020; March 12, 2020; March 19, 2020; March 23,2020 (Regular & Budget Hearing); April 6, 2020; April 14, 2020; April 23, 2020 (Special); May 4, 2020and May 18, 2020. Discussion and possible action.Discussion and possible action.4.A. Minutes

HCC031220unapprovedUNOFFICIAL.pdf

5. APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR MAY 16, 2020 THROUGH MAY29, 2020 (FOR POSSIBLE ACTION) 5.A. Expenditures

6. MISCELLANEOUS REPORTS AND CORRESPONDENCE -

1) Other information and upcoming meetings

June 8, 2020 Regional Airport Board Meeting June 11, 2020 Regional Planning Commission Meeting June 15, 2020 Humboldt County Commission Meeting June 17, 2020 Humboldt County Commission Meeting (Canvas Meeting)

2) Reports from Commissioners regarding other Boards and Committees on which they serve,including National Wild Horse & Burro Advisory Board, Nevada Association of Counties (NACO),Regional Airport Board, Humboldt River Basin Water Authority (HRBWA), Western Interstate Region(WIR), Legislative Interim Land Council, Humboldt Development Authority (HDA), WinnemuccaVisitors & Convention Authority (WCVA), Hospital Board, Humboldt Foundation, NortheasternNevada Regional Development District (NNRDA), Humboldt County Elk Planning SteeringCommittee, Paradise Conservation District and the State Land Use Planning Advisory Council(SLUPAC).

7. COMPTROLLER: FINANCIAL REPORT (INFORMATIONAL ONLY) - - Humboldt County ComptrollerGina Rackley will provide an overview of current conditions with respect to the Humboldt Countyrevenues and expenditures for the current fiscal year (ends June 30, 2020) and the Fiscal Year 2021(July 1, 2020 through June 30, 2021), including possible impacts of the COVID-19 response in thecounty. Information Only.

8. COMPTROLLER: ADOPTION OF UPDATED COUNTY PROCUREMENT POLICY (FOR POSSIBLEACTION) - Consideration, discussion, and possible action regarding an updated version of theHumboldt County Procurement Policy, including but not limited to dollar thresholds to coincide withNRS and adding a section regarding protests, disputes, and appeals. Discussion and possibleaction.8.A. Procurement Policy

Procurement Policy FINAL 060120.pdf2

Humboldt County Board Of CommissionersJune 1, 2020Page 3

9. SHERIFF: LIQUOR BOARD (FOR POSSIBLE ACTION) -

Sheriff Mike Allen would like to convene the Humboldt County Liquor Board to consider a specialliquor license for Mac Potter, Corporate Vice President for Operations at the Model T for the carraces scheduled for six events to take place this summer:

Friday, June 12, 2020 Friday/Saturday, July 17-18, 2020 Friday, August 7, 2020 Friday, August 21, 2020 Sunday, August 27, 2020

*Report to the Board - A Special Liquor License was issued to Model T for a two-day event on May30-31, 2020.

(Per HCC 5.32 Liquor Licenses D. Temporary License - Sheriff may issue temporary license inspecial circumstances and in order to prevent undue hardship to an applicant.9.A. Liquor Board

2020_05_26_17_01_57 (2).pdf

10. ASSESSOR: APPROVAL OF APPRAISER AGREEMENT (FOR POSSIBLE ACTION) -Consideration, discussion, and possible action to approve a professional service agreement withStafford Appraisal in an amount not to exceed $18,000.00. Discussion and possible action.10.A. Agreement

Memo-Stafford Appraisal Contract Approval.pdf

stafford appraisal clean copy.pdf

Stafford Resume.pdf

11. REQUEST FOR EMERGENCY PURCHASES IN RESPONSE TO COVID-19 PANDEMIC (FORPOSSIBLE ACTION) - Consideration, discussion, and possible action regarding a purchaseapproved by County Manager Dave Mendiola of five (5) Dell Latitude Laptop computers from DellMarketing, LLP for use in remote workplace applications pursuant to Section 8 of the HumboldtCounty Emergency Declaration and NRS 332.112, which allows emergency contracts during anemergency. The total cost will not exceed $9,850. The computers will be used to accommodateemployees who are required by COVID-19 requirements to work from home. These computers will bere-assigned following the COVID19 issue for department managers PC replacements, allowing themgreater access to systems from remote locations as well as at their desk. Discussion and possibleaction.11.A. QUOTES

10391368423 5-6-20 $9825.00.pdf

12. PUBLIC SAFETY COMMUNICATIONS: APPROVAL OF CHANGE ORDER FOR NEW MOUNTS(FOR POSSIBLE ACTION) - Consideration, discussion, and possible approval of two change ordersfor new antenna and microwave dish mounts for several sites in the Winnemucca section of theproject in an amount not to exceed $60,000. Discussion and possible action.

3

Humboldt County Board Of CommissionersJune 1, 2020Page 4

12.A. Change OrderHC Telecommunications Request 5-17.pdf

13. PUBLIC WORKS DEPARTMENT: REQUEST TO HIRE WATER/WASTE WATER SPECIALISTS(FOR POSSIBLE ACTION) - Consideration, discussion, and possible action to hire a SeniorWater/Wastewater Specialist, Water/Wastewater Specialist II or Water/Wastewater Specialist I.Humboldt County Public Works has not filled these positions in over a year due in part to the lack ofqualified candidates and more recently due to the COVID-19 issues around budgets. For the firsttime we have several excellent candidates and with the future acquisition of Star City Water in thenext couple of months it is imperative that the county fill some or all of these positions in order tomaintain our current utilities that we support. Currently, road division personnel are performing theduties for these positions, thus adding additional stress to the road maintenance efforts. The vastmajority of these salaries and benefits are supported by the budgets of the utilities that they support.The goal is to hire only one of these positions, depending on the best available candidate. Discussionand possible action.

13.A. Water/Waste Water HiringWater-wastewater hiring authorization memo to commission.pdf

14. PUBLIC WORKS DEPARTMENT: GENERAL ROAD PROJECTS (FOR INFORMATION ONLY) - Apresentation by Humboldt County Public Works Director Don Kalkoske to update the Board on Roadprojects within Humboldt County, however, no action may be taken on a matter raised until thematter itself has been specifically included on the agenda as an item upon which action may betaken.

15. CONSIDERATION OF HIRING FREEZE FOR COUNTY PERSONNEL (FOR POSSIBLE ACTION) -Consideration, discussion, and possible action regarding implementing a hiring freeze for allHumboldt County jobs due to the current COVID-19 pandemic and the impact on the local economy.Discussion and possible action.

16. APPROVAL OF PLAN TO SEND OUT REQUEST FOR INFORMATION FOR BROADBANDENHANCEMENT BUILD-OUT (FOR POSSIBLE ACTION) - Consideration, discussion, and possibleaction regarding the publication of a Request for Information (RFI) to seek input from broadbandinfrastructure organizations to build-out a high-speed internet system that will be capable of gettingenhanced Broadband (25 Mbps or more) throughout the City of Winnemucca and exploring workingclosely with current providers to expand the capabilities of Broadband in Humboldt County.Discussion and possible action.16.A. Broadband

Humboldt NV Summary RFP 0512020 Final Draft (002).pdf

17. UPDATE ON GROUND BAITING AND REQUEST TO DO FOLLOWUP BAITING (FORINFORMATION ONLY) - A presentation including updates as to the effectiveness of ground baitingefforts and possible action regarding a plan by the county to do additional treatments in areas wherethe treatments were not as effective. The initial treatments were around the perimeter of Winnemuccafrom I-80 East of Winnemucca south and west to the Pershing County line in Grass Valley and from

4

Humboldt County Board Of CommissionersJune 1, 2020Page 5

the north side of Hwy 95 near Rhinehart south and west along Winnemucca Mountain to theWinnemucca Waste Water Treatment Facility. Informational Only.

18. LIBRARY: REQUEST FOR APPROVAL OF GRANT FUNDS (FOR POSSIBLE ACTION ) -Consideration, discussion, and possible approval to accept grant funding from the Library Servicesand Technology Act (LSTA) competitive grant for the 2020/2021 Fiscal Year in the amount of$33,452.00 for the creation of a Teen Space. Discussion and possible action.18.A. AWARD LETTER

Library Grant Award Letter.pdf

Library Grant Grade.pdf

19. HUMBOLDT COUNTY WATER PLAN UPDATE AND PROCESS FOR APPROVAL (FOR POSSIBLEACTION) - Consideration, discussion, and possible action regarding the updated Humboldt CountyWater Plan, including, but not limited to discussions of the work that is now complete from RCI,some possible dates for the public workshops (whether by in public or virtual) and a final approvaldate of the plan. Discussion and possible action.

20. FUTURE AGENDA ITEMS

21. PUBLIC COMMENT: - Public Comments: General public comment is designated for discussiononly. The public has the opportunity to address the Commission on any matter not appearing on thisagenda; however, no action may be taken on a matter raised until the matter itself has beenspecifically included on the agenda as an item upon which action may be taken.

22. ADJOURNMENT

NOTICE: - Pursuant to Section 3 of the Declaration of Emergency Directive 006 (“Directive 006”), the statelaw requirement that public notice agendas be posted at physical locations within the State ofNevada is suspended. This agenda has been physically posted at the locations noted above andelectronically posted at (https://www.hcnv.us). To join the meeting, CTRL Click on the following:

OR BY PHONE:

NOTICE: - Pursuant to Section 3 of Directive 006, the state law requirement that there be a physicallocation designated for meetings of public bodies where members of the public are permitted toattend and participate is suspended until April 16, 2020. Pursuant to section 1 of directive 10, theMarch 12, 2020 Declaration of Emergency is extended to April 30, 2020 and all Directivespromulgated pursuant to the Declaration of Emergency shall be in force for the duration that theDeclaration of Emergency is in effect, unless specifically terminated by a subsequent order.Pursuant to Directive 016, section 6, Directive 006 is extended until May 15 unless specificallyterminated or extended by subsequent directives. Pursuant to Directive 018, section 23, Directive 016

5

Humboldt County Board Of CommissionersJune 1, 2020Page 6

and all Directives incorporated by reference within Directive 016 with specific expiration dates areextended until May 30, 2020.

As of the posting of this agenda, Declaration of Emergency is still in effect. There will be a physical locationfor the meeting; however, the meeting may be accessed electronically through an internet connectionat Microsoft Teams link. To join the meeting, CTRL Click on the following:

OR BY PHONE:

NOTICE: - Members of the public may make a public comment at the meeting without being physicallypresent by emailing publiccomment@humboldtcountynv.gov prior to 8:00 a.m. on the day of themeeting and messages received will be transcribed for entry into the record and provided to the Boardfor review. Members of the public may also make a public comment at the meeting without beingphysically present by accessing the meeting through the internet connection at Microsoft Teamslink:

(follow the directions on the site to complete access),

OR BY PHONE:

NOTICE: - The administrative assistant at the County Manager's office located at 50 West 5th Street,Winnemucca Nevada, telephone number 775-623-6300 is the designated person from whom amember of the public may request the supporting material for this meeting and the administrator’soffice is the location where the supporting material is available to the public. Pursuant to Section 5 ofDirective 006, the state law requirement that physical locations be available for the public to receivesupporting material for public meetings is suspended. Staff reports and supporting material for themeeting are available on the Humboldt County website at https://www.hcnv.us/ (click on the“Government” link on the home page) and are available to the general public at the same time thematerials are provided to the Board.

NOTICE: The County Com m ission m ay close the m eeting to receive inform ation from legal counsel pursuant toNevada Revised Statutes 241.015

6

Humboldt County Board Of CommissionersJune 1, 2020Page 7

CERTIFICATE OF POSTING

PLACES POSTED: Humboldt Co. Courthouse, 50 W. 5th St.: Rooms 201, 205, & 207 at ___________ A.M. By :____________________________________________

Humboldt County Library : 85 E. 5th St. at ___________ A.M. By :__________________________________________________________________

County Annex: 4th & Bridge St. at ___________ A.M. By :________________________________________________________________________

Winnemucca City Hall: 4th & Melarkey St. at _____________ A.M.By : ______________________________________________________________

Humboldt County Website: www.hcnv .us at _____________A.M. By : ______________________________________________________________

State of Nev ada Website: www.notice.nv .gov . ____________ A.M. By : ______________________________________________________________

MEETING DATE: June 1, 2020 POSTED BY: _______________________________________________

DATE POSTED: ___________________________

NOTE FOR SUPPORTING MATERIAL: A copy of the supporting material f or the meeting may be obtained at Commissioner meeting/agendas on the Humboldt Countywebsite: www.hcnv .us or by contacting Dav e Mendiola, County Administrator, at 50 W. Fif th Street, Winnemucca, Nev ada 89445, (775) 623-6300

NOTICE TO PERSONS WITH DISABILITIES - Reasonable ef f orts will be made to assist and accommodate phy sically disabled persons desiring to attend the meeting. Please call the Humboldt County Administrator’s Of f ice at 623-6300 in adv ance so that arrangements may be conv eniently made.

EQUAL OPPORTUNITY NOTICE - Humboldt County is an Equal Opportunity Employ er and will not discriminate against employ ees or applicants f or employ ment orserv ices in an unlawf ul manner.

NON-DISCRIMINATION STATEMENT - In accordance with Federal civ il rights law and U.S. Department of Agriculture (USDA) civ il rights regulations and policies, theUSDA, its Agencies, of f ices, and employ ees, and institutions participating in or administering USDA programs are prohibited f rom discriminating based on race, color,national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability , age, marital status, f amily /parental status, income deriv ed f rom apublic assistance program, political belief s, or reprisal or retaliation f or prior civ il rights activ ity , in any program or activ ity conducted or f unded by USDA (not all basesapply to all programs). Remedies and complaint f iling deadlines v ary by program or incident.

Persons with disabilities who require alternativ e means of communication f or program inf ormation (e.g., Braille, ;large print, audiotape, American Sign Language, etc)shouldContact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (v oice and TTY) or contact USDA through the Federal Relay Serv ice at (800) 877-9339.Additionally , program inf ormation may be made av ailable in languages other than English.

To f ile a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, f ound online at http://www.ascr.usda.gov /complaint_f iling_cust.html and at any USDA of f ice or write a letter addressed to USDA and prov ide in the letter all of the inf ormation requestedin the f orm. To request a copy of the complaint f orm, call (866) 632-9992. Submit y our completed f orm or letter to USDA by :

(1) Mail: U.S. Department of Agriculture Of f ice of the Assistant Secretary f or Civ il Rights 1400 Independence Av enue, SW Washington, D.C. 20250-9410;(2) f ax: (202) 690-7422: or(3) email: program.intake@usda.gov

USDA is an equal opportunity prov ider, employ er, and lender.

7

Humboldt County Board of Commissioners

March 12, 2020 at 8:02 a.m.

Meeting Minutes

Those present were Chairman Ken Tipton, Commissioners Marlene Brissenden, Mike Bell, Jim French

and Ron Cerri, Deputy District Attorney Wendy Maddox, County Manager Dave Mendiola and Clerk of

the Board Tami Rae Spero.

CALL TO ORDER: Chairman Tipton called the regular meeting to order on Thursday, March 12, 2020 at

8:02 a.m. in the regular place of meeting at the County Meeting Room #201, Courthouse, Winnemucca,

Nevada.

PLEDGE OF ALLEGIANCE: All in attendance recited the Pledge of Allegiance.

PUBLIC COMMENT: Chairman Tipton asked for public comment; none offered.

ENGAGEMENT LETTER WITH KATHERINE F. PARKS OF THORNDAL ARMSTRONG DELK BALKENBUSH &

EISINGER: Consideration, discussion, and possible acceptance of an engagement letter with Katherine F.

Parks of Thorndal Armstrong Delk Balkenbush & Eisinger in an amount not to exceed $25,000 for legal

issues and services related to the contract for Property Tax, CAMA and wEdge Software, License,

Maintenance, and Support Contract with DEVNET Inc., negotiation towards termination of said contract,

and authorization for Treasurer Rhona Lecumberry and Assessor Jeff Johnson to assist Katherine F. Parks

and the firm of Thorndal Armstrong Delk Balkenbush & Eisinger in said negotiations. A letter from

Thorndal Armstrong Delk Balkenbush & Eisinger was included on the on-line agenda for review.

Katherine F. Parks appeared before the Commission via telephone. District Attorney Michael

Macdonald appeared before the Commission and reviewed the item noting prior discussion where he

had recommended engaging with outside legal counsel for this matter; he reviewed the background

related to the need for new systems due to the retirement of the prior provider but noted that they are

still relying on the old system which has no technical support as the selected new system is not able to

meet the needs of the Assessor and Treasurer to accomplish their statutory duties. District Attorney

Macdonald noted that the authority for contracts lies with the Commission and the recommendation

from the Assessor and Treasurer is to exit the current contract which legal agrees with but he stressed

that the best way to do that needs to be determined; that is not what is being done today, that today

the decision is whether or not to retain outside legal counsel to assist due to the financial risks and level

of liability with said contract therefore he believes that it is critical that this assistance be received;

following explanation he offered two recommendations, first to retain Katherine Parks and her law firm

8

03/12/2020 Page 2 of 5

to provide legal assistance with options to terminate the agreement and second for the Commission to

authorize Ms. Parks to negotiate the termination of the agreement with DevNet with the assistance of

the Assessor and Treasurer. District Attorney Macdonald commented that the District Attorney’s Office

will continue to be involved and assist in any way they can and, he noted, that any proposed resolution

or agreement would have to come back before the Commission for approval.

Commissioner Brissenden asked for clarification as to if this agenda item is just related to

retaining Ms. Parks or does it deal with the company wanting funds back. District Attorney Macdonald

responded that this is only related to retaining Ms. Parks and her firm to provide legal representation as

it relates to the contract as he believes it is necessary for the Commission to receive outside advice as

well as a breakdown of the pros and the cons of exiting the contract; he noted his prior

recommendations and commented on the costs associated with the proposal.

Commissioner Cerri noted that one of the items on today’s agenda is the entering of a new

contract and he questioned if that should occur prior to severing the current one. District Attorney

Macdonald responded that he had discussed the issue with Ms. Parks prior to this as at this point there

is an urgency to allow the Assessor and Treasurer to move forward so that dictates that the steps need

to be taken to keep county business going. Ms. Parks commented that as District Attorney Macdonald

indicated the issue had been discussed during a litigation session but that she would prefer not to

comment on items that are related to litigation in an open session.

Commissioner Bell asked no questions noting that, as it appears to be necessary, he is okay with

what is being proposed.

Commissioner French commented on previous discussion which revolved around the funds paid

and the plan not to try and recover any of the funds already paid but that the County would not be

paying anymore to DevNet and that some funds would be used for the use of the AS400 as a stop gap

measure; he agreed with the need to get out of the contract in the best way possible and that involving

this legal firm is part of that.

Commissioner Brissenden stated that she was not fully committed to not wanting funds back

from DevNet. District Attorney Macdonald responded that he is not asking the Board to consider that

today as all possible options must be considered and he would not recommend that the Board limit their

ability to negotiate to include all possible options or alternatives. District Attorney Macdonald again

reviewed his two recommendations for the Board. Chairman Tipton confirmed his agreement with

9

03/12/2020 Page 3 of 5

signing the letter with Ms. Parks as this is the best possible chance at getting out of the contract. District

Attorney Macdonald noted the clear urgency on the part of the Assessor and Treasurer to proceed.

District Attorney Macdonald inquired of Ms. Parks as to any concern on her ability to assist the County in

the near future. Ms. Parks responded that she would make herself available to come out and discuss

going forward.

The following motion was made by Commissioner Bell and passed unanimously:

That based on the District Attorney’s recommendation to retain Katherine F.

Parks of Thorndal Armstrong Delk Balkenbush & Eisinger to enter negotiations

to terminate the contract with DevNet in an amount not to exceed $25,000.00.

APPROVAL OF AGREEMENT WITH COMPUTER SERVICE BUREAU INCORPORATED: Consideration,

discussion, and possible approval to enter into an agreement with Computer Service Bureau

Incorporated (CSBI) for maintenance and support of the software for the AS400 system used by the

Humboldt County Treasurer and Assessor. Assessor Johnson reviewed the request including what

would be covered and the need for support. Discussion ensued as to why no rates were included on the

agenda, that DevNet has purchased the rights to the ADS software and how that will impact the ability

of this company to assist the County. Deputy District Attorney Maddox noted that Ms. Parks did not

have an issue with this item being placed on the agenda. The following motion was made by

Commissioner Bell and passed unanimously:

To enter into an agreement with Computer Service Bureau Inc. and to

authorize the County Manager to sign said agreement after the District

Attorney’s approval.

APPROVAL OF AGREEMENT WITH GOVERNMENT SOFTWARE ASSURANCE INC: Consideration, discussion,

and possible approval to enter into an agreement with Government Software Assurance, Inc. (GSA) a

computer software developer, IT services company and hardware reseller for installation and

implementation of software to manage county operations and provide public services in an amount not

to exceed $860,000.00 and authority for Dave Mendiola to sign said agreement after district attorney’s

approval. Assessor Johnson reviewed the request including explaining why this company is a good

option for Humboldt County, which other counties are using them, where they are in the development

process and the timeframe for implementation. Commissioner French asked if GSA was aware of the

10

03/12/2020 Page 4 of 5

issue with DevNet. Assessor Johnson responded. Chairman Tipton asked how confident they were that

the Treasurer’s portion would be ready when needed. Treasurer Lecumberry responded. Discussion

ensued regarding the cost, the contract length and that the cost would be covered by the Assessor’s

Tech Fund. Commissioner Cerri noted his concern about entering into another contract before severing

the current one. Deputy District Attorney Maddox noted that every item had been approved by Ms.

Parks. Commissioner Cerri voiced his concern about the risk of additional costs associated with severing

the contract with DevNet. District Attorney Macdonald reviewed the costs associated with the current

contract as well as the time frame left on the contract; he confirmed that the contract allowed for the

termination by either party and that Ms. Parks will be reviewing and providing guidance for the best

course of action. Discussion ensued regarding costs associated with both DevNet and GSA.

Commissioner French commented on his understanding of what would be occurring moving forward.

Commissioner Cerri stated his understanding but offered that they should be cautious with getting into

something with another company given that they thought DevNet could handle the project and look at

what happened with that; that as the prior item had been approved which would allow the Assessor and

Treasurer to work, maybe look at seeing what occurs with the severing of the contract financially.

Commissioner French commented on discussion from the earlier meeting about the efforts to sever the

contract and the need for the Assessor and Treasurer to have a program in place sooner rather than

later. Treasurer Lecumberry commented on the need to get a program in place, that they are not taking

this whole matter lightly and that while they are currently using the ADS system that could also be in

dispute. Deputy District Attorney Maddox stated that any discussion about the litigation would need to

be done in a closed meeting. Treasurer Lecumberry commented on what some of the issues are that

she is facing. Commissioner Bell stated that he is totally comfortable with this following the discussion

which had occurred during the litigation meeting, that the process is planned, and it needs to move

forward. Commissioner French commented on the need to move forward to allow the Offices to do

their duties. Chairman Tipton stated that he could see any reason that they cannot enter into a contract

while exiting from the other one. Commissioner French asked about the ability to find a company that

used the same program as ADS. Assessor Johnson responded that there were not programmers out

there for this type of system any longer. Discussion ensued regarding the agreement language, the cost,

the time frame and the requirements of the system.

The following motion was made by Commissioner French and passed unanimously:

To enter into an agreement Government Assurance Software Inc. GSA for

11

03/12/2020 Page 5 of 5

Installation and implementation of software to manage county operations

and provide public services in an amount not to exceed $860,000.00 and

to authorize Dave Mendiola to sign said agreement following the District

Attorney’s review.

APPROVAL OF AGREEMENT WITH HUMBOLDT GENERAL HOSPITAL FOR HEALTHCARE SERVICES AT

ADULT DETENTION CENTER: Consideration, discussion, and possible approval to enter into an

agreement with Humboldt General Hospital or an agent/employee of Humboldt County Hospital to

provide health care services for the Humboldt County Detention Facility and authority for the Humboldt

County Sheriff, Mike Allen to sign said agreement. Sheriff Mike Allen and Lieutenant Chris Lininger

appeared before the Commission. Sheriff Allen discussed the medical protocols implemented at the jail

due to coronavirus concerns and explained that this is one reason this contract is critical. Lt. Lininger

commented on the agreement. Deputy District Attorney Maddox confirmed that she had reviewed the

contract but that the Hospital Board had reviewed and offered minor changes which she had not seen

yet; she suggested that any motion allow for the Sheriff to sign following final review by the District

Attorney. Commissioner Bell disclosed for the record that he works for the hospital but that this matter

does not materially affect him at all. Commissioner French commented on a prior experience whereas

Humboldt General Hospital was providing services to the County and the rates were higher, he asked

about the rate being charged for this service. Deputy District Attorney Maddox reviewed the rate per

inmate and noted that any change would need to come back before the Commission. The following

motion was made by Commissioner Bell and passed unanimously:

To approve the contract between HGH and the Sheriff’s Office and to allow the

Sheriff to sign following the District Attorney’s review.

PUBLIC COMMENT: Chairman Tipton asked for public comment; none offered.

ADJOURNMENT: Chairman Tipton adjourned the meeting at 9:13 a.m.

ATTEST:______________________APPROVED:______________________________

Clerk Chairman

(Minutes approved by the Commission and signed by the Chairman on _________________)

12

1 | P a g e   

Humboldt County Procurement Policy For Federal Awards

Based on “Uniform Administrative Requirements”  

1. Purpose.

This Policy provides a standard reference to established policy, procedures, and guidelines for the procurement of supplies, services, and construction in Humboldt County (“the County”). The underlying purposes of this Policy are:

A. To simplify, clarify, and modernize the law governing procurement by this County;

B. To permit the continued development of procurement policies and practices;

C. To provide for increased public confidence in the procedures followed in public procurement;

D. To ensure the fair and equitable treatment of all persons who deal with the procurement system of this County;

E. To provide increased economy in County procurement activities and to maximize to the fullest extent practicable the purchasing value of public funds of the County;

F. To ensure that goods and services purchased for the performance of a federal grant are obtained in a cost-effective manner and in compliance with federal regulations.

G. To provide safeguards for the maintenance of a procurement system of quality and integrity, and

H. To obtain in a cost-effective and responsive manner the materials, services, and construction required by the County in order to better serve this County’s businesses and residents.

2. Application.

The Policy will become effective upon approval of the Board of Commissioners. Unless otherwise provided by law, this Policy applies to contracts solicited or entered into after the effective date. This Policy shall apply to every expenditure of public funds irrespective of their source, including state and federal assistance monies. Nothing in this Policy shall prevent the County, or any governmental body or political subdivision from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.

When the procurement involves the expenditure of federal assistance or contract funds, the procurement shall be conducted in accordance with any applicable mandatory federal law and regulation which is not reflected in this Policy. When this Policy does not specifically address a procurement issue, the issue may be resolved in accordance with the applicable section of the NRS 332 and current policy.

13

2 | P a g e   

3. Changes

This Policy is intended to serve as a living document reflecting best procurement practices, and changes may be made to this Policy from time to time. The County Manager or County Comptroller may issue official interim or supplemental procurement policy guidance in the form of Policy Directives. Changes and interim or supplemental guidance shall be effective when approved by the County Commissioners and shall apply to procurements in progress to the extent feasible under the terms of the issued solicitation documents.

4. General Procurement standards

A. Standards of Conduct

1. No officer, employee or agent of the County shall participate in the selection, award and administration of contracts if such participation would arise in a conflict of interest. Such a conflict of interest would arise when the employee, officer or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein:

2. Has a financial or other interest in or a tangible personal benefit from a firm or business considered for contract.

3. The officers, employees, and agents of the County may, neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

4. Employees, officers or agents of the County may, on occasion, accept an unsolicited gift of nominal value in which the financial interest is not substantial (as defined in NRS 281.5585).

5. Employees, officers or agents of the County that are found to be in violation of the above articles will be held accountable. Disciplinary actions may include termination of employment, removing the appointed officer from the office or dissolving the relationship between the County and the agent.

B. Procuring goods and services

1. The County will take all necessary measures to avoid the acquisition of unnecessary or duplicative items.

2. Consideration will be given to consolidating or breaking out procurements to obtain a more economical purchase.

3. Where appropriate, an analysis will be made of lease versus purchase alternatives; and any other appropriate analysis to determine the most economical approach.

14

3 | P a g e   

4. The County will enter, when deemed applicable by the governing body, into state and local intergovernmental agreements or inter-entity agreements where appropriate for procurement or use of common or shared goods and services.

5. The County will give consideration to purchase Federal excess and surplus

property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs.

6. The County, when applicable will use a value engineering clause in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions.

7. The County will only award contracts to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

8. In compliance with 2 CFR part 180, the County is prohibited from contracting

with or making subawards under covered transactions to parties that are suspended or debarred. Buyers must actively attempt to verify that a vendor is not debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. This verification may be accomplished by (1) checking the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA) and available at https://www.sam.gov/portal/public/SAM/, (2) collecting a certification from the entity, or (3) adding a clause or condition to the covered transaction with that entity.

9. The County will maintain records sufficient to detail the history of procurement.

These records will include but are not limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price.

10. The County may use a time and materials type contract only after a

determination that no other contract is suitable and if the contract includes a ceiling price that the contractor exceeds at its own risk. Time and materials type contract means a contract whose cost to a non-Federal entity is the sum of: i. The actual cost of materials; and

ii. Direct labor hours charged at fixed hourly rates that reflect wages, general and administrative expenses, and profit.

15

4 | P a g e   

11. The County will exercise its best administrative practice and sound business judgement when settling contractual and administrative issues arising out of procurements.

5. Competition

A. The County will conduct all procurement transactions in a manner providing full and open competition. Contractors that develop or draft specifications, requirements, statements of work, invitation for bids, requests for proposals will be excluded from competing for procurements for the County. Some of the situations considered to be restrictive of competition include but are not limited to:

1. Placing unreasonable requirements of firms in order for them to qualify to do business;

2. Requiring unnecessary experience and excessive bonding; 3. Noncompetitive pricing practices between firms or between affiliated

companies; 4. Noncompetitive contracts to consultants that are on retainer contracts; 5. Organizational conflicts of interest; 6. Specifying a “brand name” product instead of allowing “an equal”

product to be offered and describing the performance or other relevant requirements of the procurement; and

7. Any arbitrary action in the procurement process

B. The County will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed state, local, or tribal geographical preferences in the evaluation of its proposals, except in those cases where applicable Federal statutes expressly mandate or encourage geographic preference. Nothing in this section preempts state and local licensing laws. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.

C. The County will have written procedures for procurement transactions.

These procedures will ensure that all solicitations:

1. Incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description will not, in competitive procurements, contain features which unduly restrict competition. The description may include a

16

5 | P a g e   

statement of the qualitative nature of the material, product or service to be procured and, when necessary, will set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use. Detailed product specifications shall be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a “brand name or equivalent” description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offers must be clearly stated; and

2. Identify all requirements which the offerors must fulfill and all other

factors to be used in evaluating bids or proposals.

D. The County ensures that all prequalified lists or persons, firm or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The County shall not preclude potential bidders/responders from qualifying during the solicitation period.

6. Methods of Procurement to be followed:

A. The County will use one of the following methods of procurement with consideration of provisions of Contracts under Federal Awards and in compliance with NRS section 332:

1. Procurement by micro-purchase

a. If said procurement is $3,000 or less ($2,000 in the case of acquisition for construction subject to the Wage Rate Requirements (Davis Bacon Act));

b. The County will make an effort to ensure that purchases will be equitably distributed among qualified suppliers.

2. Procurement by small purchase procedures – Simplified Acquisition Threshold

For Federal Funds:

a. Purchases between $3,000 and $149,999

b. Prices and/or rates will be obtained from an adequate number of qualified sources.

For All Purchases Regardless of Funding Source:

c. Purchases less than $50,000; can complete the purchase without a formal bid/response subject to the provisions below.

17

6 | P a g e   

d. Purchases greater than $25,000, but less than $50,000; must request quotes from two or more persons. Verbal quotes can be accepted and documented.

e. Purchases greater than $50,000 but not more than $100,000; must solicit responses from two or more persons capable of performing the contract, if such persons are available.

f. Purchases greater than $100,000 must advertise the contract in the manner prescribed in NRS 332.045; and may issue a solicitation for the contract.

3. Procurement by sealed bids – procurements exceeding $149,999 – Used mainly for construction type projects:

a. Procurement by sealed bid will be formally advertised and publicly solicited for by the County.

b. Bids/responses will be solicited from an adequate number of known suppliers, providing them sufficient response time prior to the date set for opening bids.

b. The invitation for bids/response to solicitation will include any specifications and pertinent attachments. The invitation for bid/response to solicitation will define the items or services in order for the bidder to properly respond;

d. All bids/responses will be opened at the time and place prescribed in the invitation for bids and will be opened publicly.

e. A firm fixed price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents, factors such as discounts, transportation cost, and life cycle costs will be considered in determining which bid is lowest. Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of; and

f. The County reserves the right to reject any or all bids if there is a sound documented reason.

4. Procurement by competitive proposal – procurements exceeding $149,999 – Used mainly for fixed price or cost reimbursement:

a. Requests for proposals/solicitation will be publicized and will identify all evaluation factors and their relative importance. Any and all responses to said requests for proposals will be considered to the maximum extent practical.

b. Proposals will be solicited from an adequate number of qualified sources;

c. The County will have in place, a written method for conducting technical evaluations of the proposals received and for selecting recipients;

18

7 | P a g e   

d. Contracts will be awarded to the responsible firm whose proposal is most advantageous to the program, with price and other factors considered; and

e. The County may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E) professional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and reasonable compensation. The method, where price is not used as a selection factor, can only be used in procurement of A/E professional services. It cannot be used to purchase other types of services though A/E firms are a potential source to perform the proposed effort.

5. Procurement by noncompetitive proposals.

a. Procurement by noncompetitive proposals is procurement through solicitation of a proposal from only one source and may be used only when one or more the following circumstances apply;

1. The item is available only from a single source.

2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

3. The Federal awarding agency or pass-through entity expressly authorizes noncompetitive proposals in response to a written request from the County; or

4. After solicitation of a number of sources, competition is determined inadequate.

For Federal purchases from $3,000 to $24,999:

A minimum of two (2) prices, written or verbal are required. Vendor selection must be made on the basis of the same precise and accurate description of the specifications and technical requirements for the item or service. Web price lists and catalogue listings, as well as telephone quotes can be considered. Buyers must complete a Purchasing Capital Assets form for those assets that have a useful life of over one year and a cost of $5,000 or more. A copy of the form must be attached to the selected vendor’s invoice and submitted to the Comptroller’s Office for payment.

For All Purchases Regardless of Funding Source between $25,000 and $49,999:

A minimum of two (2) written bids/responses are required. Vendor selection must be made on the basis of the same precise and accurate description of the specifications and technical requirements for the item or service. Buyers must complete a Purchasing Capital Assets form for those assets that have a useful life of over one year and a cost of $5,000 or more. A copy of the form must be attached to the selected vendor’s invoice and submitted to the Comptroller’s Office for payment.

19

8 | P a g e   

For All Purchases Regardless of Funding Source purchases between $50,000-$100,000:

A minimum of two (2) responses from persons capable of performing the contract are required. May advertise the contract in the manner prescribed in NRS 332.045 Each vendor must be provided with the same precise and accurate description of the specifications and technical requirements for the item or service. Buyers must complete a Purchasing Capital Assets form. A copy of the completed form and all written bids must be attached to the selected vendor’s invoice and submitted to the Comptroller’s office for payment. For All Purchases Regardless of Funding Source purchases greater than $100,000:

Must advertise the contract in the manner prescribed in NRS 332.045 and may issue a solicitation for the contract. Specifically, the advertisement must be published in a newspaper that has general circulation within county at least once and not less than seven (7) days before the opening of responses and everyday for not less than 7 days before the opening of responses on the county’s website or an internet site for the purpose of online solicitation. The method for obtaining the contract in the solicitation is an invitation to bid. Governing body must except as otherwise provided by the specific statute, award the contract to the lowest responsive and responsible bidder.

Buyers must complete a Purchasing Capital Assets form. A copy of the completed form and all written bids must be attached to the selected vendor’s invoice and submitted to the Comptroller’s office for payment.

7. Contracting with small and minority businesses, women’s business enterprise, and labor surplus area firms.

A. The County will take all necessary affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus firms are used when possible. The County will take the following steps to facilitate this:

1. The County assures that small and minority businesses are solicited whenever they are potential sources.

2. The County will divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

3. The County will establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises;

4. The County will utilize the services and assistance, as appropriate, of such organizations as the Northern Nevada Development Authority, Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and

20

9 | P a g e   

5. The County shall require the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (4) of this section.

8. Procurement of recovered materials.

A. The County and its contractors will comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximized energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

B. The decision not to procure such items shall be based on a determination that such procurement items;

1. Are not reasonably available within a reasonable period of time;

2. Fail to meet the performance standards set forth in the applicable specifications or fail to meet the reasonable performance standards of the procuring agencies; or

3. Are only available at an unreasonable price.

9. Contract cost and price:

A. Some form of cost or price analysis must be made, and documented in the procurement files, for purchases exceeding the micro purchasing level of $3,000 in connection with every procurement action.

B. The County will negotiate profit as a separate element of the price for each contract in which there is no price competition and, in all cases, where cost analysis is performed. To establish a fair and reasonable profit, consideration will be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor’s investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work.

C. Price analysis is to be used in connection with every procurement action in excess of the Simplified Acquisition Threshold including contract modifications. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point, the County will make independent estimates before receiving bids or proposals.

21

10 | P a g e   

D. Costs or prices based on estimated costs for contracts under the Federal award are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the County allocable to that grant program, and an allowable cost for that grant program.

E. The cost plus a percentage of cost and percentage of construction cost methods of contracting will not be used.

10. Federal awarding agency or pass-through entity review

A. The County will make available, upon request of the Federal awarding agency or pass-through entity, technical specifications on proposed procurements where the Federal awarding agency or pass-through entity believes such review is needed to ensure that the item or service specified is the one being proposed for acquisition. The review generally will take place prior to the time the specification is incorporated into a solicitation document. However, if the County desires to have the review accomplished after a solicitation has been developed, the Federal awarding agency or pass-through entity may still review the specifications, with such review usually limited to the technical aspects of the proposed purchase.

B. The County will make available upon request, for the Federal awarding agency or pass-through entity pre-procurement review, procurement documentations, such as requests for proposals or invitations for bids, or independent cost estimates, when:

1. The County’s procurement procedures or operation fails to comply with the procurement standards in this part;

2. The procurement is expected to exceed the Simplified Acquisition Threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation;

3. The procurement, which is expected to exceed the Simplified Acquisition Threshold, specifies a “brand name” product;

4. The proposed contract is more than the Simplified Acquisition Threshold and is to be awarded to other than the apparent low bidder und a sealed bid procurement; or

5. A proposed contract modification changes the scope of a contract or increases the contract amount by more than the Simplified Acquisition Threshold.

C. The County is exempt from the pre-procurement review in paragraph B of this section if the Federal awarding agency or pass-through entity determines that its procurement systems comply with the standards of this part.

D. Should we, The County, find ourselves to be experiencing continuous high-dollar funding, where third party contracts are awarded on a regular basis, we may choose

22

11 | P a g e   

to request that the Federal awarding agency or pass-through entity review our procurement system to determine whether said procurement system meets these standards in order for our system to be certified.

E. We, the County, may choose to self-certify our procurement system. Should we decide to self-certify we understand that such self-certification must not limit the Federal awarding agency’s right to survey our procurement system. Should we choose to self-certify our procurement system we state that the Federal awarding agency may rely on our written assurances that we are complying with these standards. Should we decide to self-certify our procurement system we will cite specific policies, procedures, regulations and standards as being in compliance with these standards and will have our procurement system available for review.

11. Bonding policy for Federal Contracts

A. The County will require a bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee” will consist of a firm commitment such as a bid bond, certified check or other negotiable instrument accompany a bid as assurances that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

B. A performance bond on the part of the contractor for 100 percent of the contract price. A “performance bond” is one executed in connection with a contract to secure fulfillment of all the contractor’s obligations under such contract.

C. A payment bond on the part of the contract for 100 percent of the contract price. A “payment bond” is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

12. Bonding policy for All Non-Federal Contracts

A. A bid bond, performance bond, payment bond or any combination thereof, with sufficient surety, in such amount as may be determined necessary by the County or its authorized representative, may be required of each bidder or contractor on a particular contract.

B. Any such bonds may be to insure proper performance of the contract and save, indemnify and keep harmless the local government against all loss, damages claims, liabilities, judgements, costs and expenses which may accrue against the local government in consequence of the awarding of the contract. (NRS 332.105)

13. Contract Provisions

A. Contracts will contain the applicable provisions in Appendix II to Part 200 – Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

23

12 | P a g e   

14. Debarment and Suspension

A. The County must actively attempt to verify that a vendor is not debarred, suspended or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. This verification may be accomplished by (1) checking the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA) and available at https://www.sam.gov/portal/public/SAM/, (2) collecting a certification from the entity, or (3) adding a clause or condition to the covered transaction with that entity.

15. Protests, Disputes and Appeals

A. An interested party may file a protest to a Bid or Award in writing. Protests to the County shall comply with NRS 332.068 and include the following:

Name Detailed statement of legal and factual grounds for the protest, including a

description of resulting prejudice to the protester. Copies of relevant documents Request for a ruling by the County Statement about the form of relief requested All information establishing the protestor as an interested party All information establishing the timeliness of the protest

Failure to substantially comply with these requirements may be grounds for dismissal of the protest.

B. Action after receipt of protest. If a protest is received before the award of a contract, the contract may not be awarded until the protest is resolved. Unless urgent and compelling reasons exist for contract award, the justification should be submitted in writing and determined to be in the best interest of the County. Such justification or determination shall be approved at the level of the county manager with assistance of the assigned legal counsel.

After receipt of a protest, the county manager shall immediately suspend performance pending resolution of the protest by the agency. This resolution includes any review by an independent high-level official unless continued performance is justified. The County shall make its best efforts to resolve agency protests within 35 days after the protest is filed.

Protest decisions shall be well reasoned and shall explain the County position. The protests decision shall be provided to the protestor by using a method that furnishes evidence of receipt.

24

13 | P a g e   

C. Contract Disputes and Appeals. In the event that a dispute between the County and a contractor may arise, the county manager should strive to resolve any contract issues by mutual agreement with the contractor. When a claim arises, the authorized representative of the County should contact the county manager and assigned legal counsel for assistance. If a mutual agreement cannot be reached, a written claim by the contracting party shall be submitted to the County for a decision per the requirements in the contract within 30 days to the county manager. All claims shall include the following;

Name Detailed statement of appropriate portions of the contract for the dispute Copies of relevant documents Cost or other quantification

The contractor may be required to post bond in the manner prescribed in NRS 322.068.

The County and contactor will attempt to resolve the dispute through legal counsel advice up to and including mediation or arbitration to resolve the matter quickly.

If the person who requested the correction does not agree with the county's decision (including the corrective action, if any), the person may file for reconsideration within the county. The county shall establish an administrative appeal process to review the county's initial decision, and specify appropriate time limits in which to resolve such requests for reconsideration.

Exceptions

B. The Board of Commissioners must approve any exceptions to this policy in writing.

Approved this 1st day June, 2020. Ken Tipton, Commission Chairman Tami Rae Spero, County Clerk

25

14 | P a g e   

Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” ( 30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended ( 40 U.S.C. 3141- 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act ( 40 U.S.C. 3141- 3144) as supplemented by Department of Labor regulations ( 29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act ( 40 U.S.C. 3145), as supplemented by Department of Labor regulations ( 29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act ( 40 U.S.C. 3701- 3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding

26

15 | P a g e   

agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

(G) Clean Air Act ( 42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251- 1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act ( 42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended ( 33 U.S.C. 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 ( 3 CFR part 1986 Comp., p. 189) and 12689 ( 3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

(J) See § 200.322 Procurement of recovered materials.

27

28

Andy heiser • chief deputy Andy.heiser@hcnv.us

Humboldt County

Assessor’sOffice

Jeff Johnson • Assessor Assessor@hcnv.us

June 1st, 2020 Humboldt County Commission 50 West 5th Street Winnemucca, NV 89445 Dear Honorable Commissioners: As you are aware already, there is a new power plant being built out in Valmy. As of now they are looking to build a 101-megawatt alternating current photovoltaic solar facility and ancillary facilities, including solar arrays and battery storage. Normally these types of project are valued by the department of taxation, centrally assessed and utilities. However, because this is not crossing county lines, the state has notified us that we are needing to value this locally and we are asking for approval to enter into a contract with a licensed appraiser who has the expertise to value this solar power plant. The Assessor’s office is required to use Marshal & Swift © Valuation Service per NAC 361.1281 to cost all improvements in our county and currently they do not have any costs associated with commercial solar power plants. This is going to require us to use an alternative cost approach and then trend and index the value. This approach is something that Jeff and I are unable to value and the state has strongly urged us to contract this out to an outside appraiser. We do not have the knowledge or experience to complete this valuation and will need to use a third-party appraiser to complete this valuation for our office. We contacted Mark Stafford of Stafford Appraisal who was willing to assist us with this project and has submitted his contract to us for approval including his costs associated with this job. Mr. Stafford has already completed four power plant valuation throughout the state of Nevada including a solar plant in Mineral County, a coal plant in Eureka County and two solar plants in Storey County. Mr. Stafford has already received approval from the state to use his alternative cost method and would be ready to begin work on this project right away. His resume is attached and has spent most of this career in Washoe County working at the Assessor’s office and sub-contracting out for large commercial and industrial properties. Mr. Stafford would also be willing to represent Humboldt County at the County Board of Equalization as well as the State Board of Equalization if the company building the power plant decides to appeal their valuation. These are still fairly new to our state and Mr. Stafford has already been to the State Board once for the Eureka County power plant and it appears will be going for the Mineral County power plant this summer. Please let me know if you have any further questions. Thank you,

Andy Heiser Chief Deputy Assessor

29

1 NAC 361.128 Improvement: Calculation of cost of replacement. (NRS 360.090, 360.250, 361.227, 361.229) 1. The cost of replacement of an improvement must be calculated: (a) Without including any costs attributable to land enhancements; and (b) Except as otherwise provided in subsections 2, 3 and 4, using: (1) The standards and modifiers of local costs published in the version of the Residential Cost Handbook, Marshall Valuation Service, Residential Estimator software or Commercial Estimator software, as appropriate, adopted by reference pursuant to NAC 361.1177 as of January 1 of the year immediately preceding the lien date for the current year; or (2) With the prior approval of the Executive Director, other computer programs for determining cost which are based on costs published by Marshall & Swift. 4. If no publication or manual required to be used pursuant to the provisions of this section applies to improvements of a particular occupancy or construction type, the county assessor may apply to the Executive Director for permission to use alternative recognized cost manuals, cost determinations or subscription services. If the Executive Director finds that no publication or manual required to be used pursuant to the provisions of this section applies to such improvements and that the alternative recognized cost manuals, cost determinations or subscription services are suitable, the Executive Director shall, within 30 days after receiving an application pursuant to this subsection, approve the use of the alternative recognized cost manuals, cost determinations or subscription services and notify each county assessor of that approval. The Executive Director shall submit to the Commission annually a list of the alternative recognized cost manuals, cost determinations and subscription services that the Executive Director has approved for use.

30

Revised: 06/2020 Humboldt Page 1 of 13

CONTRACT FOR SERVICES OF INDEPENDENT CONTRACTOR

A Contract Between Humboldt County, Nevada (hereinafter “County”) Acting by and Through Its

Board of County Commissioners

50 West Fifth Street Winnemucca, NV 89445

Contact: Michael Macdonald, Humboldt County District Attorney

Phone: 775-623-6363 Fax: 775-623-6365 Email: hcda-michael@hcnv.us

and

Mark Stafford Real Estate Appraiser (hereinafter “Contractor”) 401 Ryland St

Suite 100 Reno, NV 89502

Phone: 775-750-9078 Email: mark@staffordappraisal.com

WHEREAS, NRS 332 authorizes boards of county commissioners, to engage professional services of persons as independent contractors; and WHEREAS, it is deemed that the service of Contractor is both necessary and in the best interests of the County. NOW, THEREFORE, in consideration of the aforesaid premises, the parties mutually agree as follows: 1. REQUIRED APPROVAL. This Contract shall not become effective until and unless approved by the

Humboldt County Board of Commissioners. 2. DEFINITIONS.

A. “County” – means the County of Humboldt in Nevada and any County agency identified herein, its officers, employees and immune contractors as defined in NRS 41.0307.

B. “Independent Contractor” – means a person or entity that performs services and/or provides goods for the

County under the terms and conditions set forth in this Contract.

C. “Fiscal Year” – is defined as the period beginning July 1st and ending June 30th of the following year.

D. “Current County Employee” – means a person who is an employee of an agency of the County.

E. “Former County Employee” – means a person who was an employee of any agency of the County at any time within the preceding 24 months.

3. CONTRACT TERM. This Contract shall be effective as noted below, unless sooner terminated by either

party as specified in Section 10, Contract Termination. Contract is subject to Humboldt County Board of Commissioners approval (anticipated to be June 1, 2020).

Effective from: June 22, 2020 To: October 31, 2022

31

Revised: 06/2020 Humboldt Page 2 of 13

4. NOTICE. Unless otherwise specified, termination shall not be effective until 30 calendar days after a party has served written notice of termination for default, or notice of termination without cause upon the other party. All notices or other communications required or permitted to be given under this Contract shall be in writing and shall be deemed to have been duly given if delivered personally in hand, by telephonic facsimile with simultaneous regular mail, or mailed certified mail, return receipt requested, postage prepaid on the date posted, and addressed to the other party at the address specified above.

5. INCORPORATED DOCUMENTS. The parties agree that this Contract, inclusive of the following

attachments, specifically describes the scope of work. This Contract incorporates the following attachments in descending order of constructive precedence:

ATTACHMENT A: COUNTY SOLICITATION

ATTACHMENT B: INSURANCE SCHEDULE

ATTACHMENT C: CONTRACTOR’S RESPONSE

A Contractor’s attachment shall not contradict or supersede any County specifications, terms or conditions without written evidence of mutual assent to such change appearing in this Contract.

6. CONSIDERATION. The parties agree that Contractor will provide the services specified in Section 5,

Incorporated Documents at a cost as noted below:

$150.00 per Hour plus expenses noted in Attachment C

Total Contract or installments payable: N/A

Total Contract Not to Exceed: $18,000.00

The County does not agree to reimburse Contractor for expenses unless otherwise specified in the incorporated attachments. Any intervening end to an annual appropriation period shall be deemed an automatic renewal (not changing the overall Contract term) or a termination as the result of local government appropriation may require.

7. ASSENT. The parties agree that the terms and conditions listed on incorporated attachments of this Contract

are also specifically a part of this Contract and are limited only by their respective order of precedence and any limitations specified.

8. BILLING SUBMISSION: TIMELINESS. The parties agree that timeliness of billing is of the essence to

the Contract and recognize that the County is on a July-June fiscal year. All billings for dates of service prior to July 1 must be submitted to the County no later than the first Friday in August of the same calendar year.

9. INSPECTION & AUDIT.

A. Books and Records. Contractor agrees to keep and maintain under generally accepted accounting principles (GAAP) full, true and complete records, contracts, books, and documents as are necessary to fully disclose to the County, State, or United States Government, or their authorized representatives, upon audits or reviews, sufficient information to determine compliance with all local, State and federal regulations and statutes.

32

Revised: 06/2020 Humboldt Page 3 of 13

B. Inspection & Audit. Contractor agrees that the relevant books, records (written, electronic, computer related or otherwise), including, without limitation, relevant accounting procedures and practices of Contractor or its subcontractors, financial statements and supporting documentation, and documentation related to the work product shall be subject, at any reasonable time, to inspection, examination, review, audit, and copying at any office or location of Contractor where such records may be found, with or without notice by the County Auditor, State Auditor, the relevant State agency or its contracted examiners, the Department of Administration, Budget Division, the Nevada State Attorney General’s Office or its Fraud Control Units, the State Legislative Auditor, and with regard to any federal funding, the relevant federal agency, the Comptroller General, the General Accounting Office, the Office of the Inspector General, or any of their authorized representatives. All subcontracts shall reflect requirements of this Section.

C. Period of Retention. All books, records, reports, and statements relevant to this Contract must be retained

a minimum of three (3) years, and for five (5) years if any federal funds are used pursuant to the Contract. The retention period runs from the date of payment for the relevant goods or services by the County, or from the date of termination of the Contract, whichever is later. Retention time shall be extended when an audit is scheduled or in progress for a period reasonably necessary to complete an audit and/or to complete any administrative and judicial litigation which may ensue.

10. CONTRACT TERMINATION.

A. Termination Without Cause. Any discretionary or vested right of renewal notwithstanding, this Contract may be terminated upon written notice by mutual consent of both parties, or unilaterally by either party without cause.

B. County Termination for Non-Appropriation. The continuation of this Contract beyond the current fiscal

year is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the County, local government, State Legislature and/or federal sources. The County may terminate this Contract, and Contractor waives any and all claims(s) for damages, effective immediately upon receipt of written notice (or any date specified therein) if for any reason the County’s or Contracting Agency’s funding from local, State and/or federal sources is not appropriated or is withdrawn, limited, or impaired.

C. Cause Termination for Default or Breach. A default or breach may be declared with or without termination.

This Contract may be terminated by either party upon written notice of default or breach to the other party as follows:

1) If Contractor fails to provide or satisfactorily perform any of the conditions, work, deliverables, goods,

or services called for by this Contract within the time requirements specified in this Contract or within any granted extension of those time requirements; or

2) If any State, County, City, or federal license, authorization, waiver, permit, qualification or

certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract is for any reason denied, revoked, debarred, excluded, terminated, suspended, lapsed, or not renewed; or

3) If Contractor becomes insolvent, subject to receivership, or becomes voluntarily or involuntarily

subject to the jurisdiction of the bankruptcy court; or

4) If the County materially breaches any material duty under this Contract and any such breach impairs Contractor’s ability to perform; or

5) If it is found by the County that any quid pro quo or gratuities in the form of money, services,

entertainment, gifts, or otherwise were offered or given by Contractor, or any agent or representative of Contractor, to any officer or employee of the County with a view toward securing a contract or securing favorable treatment with respect to awarding, extending, amending, or making any determination with respect to the performing of such contract; or

33

Revised: 06/2020 Humboldt Page 4 of 13

6) If it is found by the County that Contractor has failed to disclose any material conflict of interest relative to the performance of this Contract.

D. Time to Correct. Termination upon declared default or breach may be exercised only after service of

formal written notice as specified in Section 4, Notice, and the subsequent failure of the defaulting party within fifteen (15) calendar days of receipt of that notice to provide evidence, satisfactory to the aggrieved party, showing that the declared default or breach has been corrected.

E. Winding Up Affairs Upon Termination. In the event of termination of this Contract for any reason, the

parties agree that the provisions of this Section survive termination:

1) The parties shall account for and properly present to each other all claims for fees and expenses and pay those which are undisputed and otherwise not subject to set off under this Contract. Neither party may withhold performance of winding up provisions solely based on nonpayment of fees or expenses accrued up to the time of termination;

2) Contractor shall satisfactorily complete work in progress at the agreed rate (or a pro rata basis if necessary) if so requested by the County and/or Contracting Agency;

3) Contractor shall execute any documents and take any actions necessary to effectuate an assignment of this Contract if so requested by the County and/or Contracting Agency;

4) Contractor shall preserve, protect and promptly deliver into County possession all proprietary

information in accordance with Section 21, County Ownership of Proprietary Information. 11. REMEDIES. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties

shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including, without limitation, actual damages, and to a prevailing party reasonable attorneys’ fees and costs. It is specifically agreed that reasonable attorneys’ fees shall include without limitation one hundred and twenty-five dollars ($125.00) per hour for County-employed attorneys. In the event that the Contractor voluntarily or involuntarily becomes subject to the jurisdiction of the bankruptcy court, the County may set off consideration against any unpaid obligation of Contractor to the County or its agencies, to the extent allowed by bankruptcy law.

12. LIMITED LIABILITY. The County will not waive and intends to assert available NRS Chapter 41 liability

limitations in all cases. Contract liability of both parties shall not be subject to punitive damages. Liquidated damages shall not apply unless otherwise specified in the incorporated attachments. Damages for any County breach shall never exceed the amount of funds appropriated for payment under this Contract, but not yet paid to Contractor, for the fiscal year budget in existence at the time of the breach. Damages for any Contractor breach shall not exceed one hundred and fifty percent (150%) of the Contract maximum “not to exceed” value. Contractor’s tort liability shall not be limited.

13. FORCE MAJEURE. Neither party shall be deemed to be in violation of this Contract if it is prevented from

performing any of its obligations hereunder due to strikes, failure of public transportation, civil or military authority, act of public enemy, accidents, fires, explosions, or acts of God, including without limitation, earthquakes, floods, winds, or storms. In such an event the intervening cause must not be through the fault of the party asserting such an excuse, and the excused party is obligated to promptly perform in accordance with the terms of the Contract after the intervening cause ceases.

14. INDEMNIFICATION. To the fullest extent permitted by law Contractor shall indemnify, hold harmless and

defend, not excluding the County’s right to participate, the County from and against all liability, claims, actions, damages, losses, and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of any alleged negligent or willful acts or omissions of Contractor, its officers, employees and agents.

15. INDEPENDENT CONTRACTOR. Contractor is associated with the County only for the purposes and to

the extent specified in this Contract, and in respect to performance of the contracted services pursuant to this Contract, Contractor is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident

34

Revised: 06/2020 Humboldt Page 5 of 13

to its duties under this Contract. Nothing contained in this Contract shall be deemed or construed to create a partnership or joint venture, to create relationships of an employer-employee or principal-agent, or to otherwise create any liability for the County whatsoever with respect to the indebtedness, liabilities, and obligations of Contractor or any other party. Contractor shall be solely responsible for, and the County shall have no obligation with respect to: (1) withholding of income taxes, FICA or any other taxes or fees; (2) industrial insurance coverage; (3) participation in any group insurance plans available to employees of the County; (4) participation or contributions by either Contractor or the County to the Public Employees Retirement System; (5) accumulation of vacation leave or sick leave; or (6) unemployment compensation coverage provided by the County. Contractor shall indemnify and hold County harmless from, and defend County against, any and all coverage provided by the County. Contractor shall indemnify and hold County harmless from, and defend County against, any and all losses, damages, claims, costs, penalties, liabilities, and expenses arising or incurred because of, incident to, or otherwise with respect to any such taxes or fees. Neither Contractor nor its employees, agents, nor representatives shall be considered employees, agents, or representatives of the County and Contractor shall evaluate the nature of services and the term of the Contract negotiated in order to determine “independent contractor” status, and shall monitor the work relationship throughout the term of the Contract to ensure that the independent contractor relationship remains as such. To assist in determining the appropriate status (employee or independent contractor), Contractor represents as follows:

QUESTION CONTRACTOR’S

RESPONSE YES NO

1. Does the County or the Contracting Agency have the right to require control of when, where and how the independent contractor is to work?

X

2. Will the County or the Contracting Agency be providing training to the independent contractor?

X

3. Will the County or the Contracting Agency be furnishing the independent contractor with worker’s space, equipment, tools, supplies or travel expenses?

X

4. Are any of the workers who assist the independent contractor in performance of his/her duties employees of the County?

X

5. Does the arrangement with the independent contractor contemplate continuing or recurring work (even if the services are seasonal, part-time, or of short duration)?

X

6. Will the County incur an employment liability if the independent contractor is terminated for failure to perform?

X

7. Is the independent contractor restricted from offering his/her services to the general public while engaged in this work relationship with the County?

X

16. INSURANCE SCHEDULE. Unless expressly waived in writing by the County, Contractor, as an independent

contractor and not an employee of the County, must carry policies of insurance and pay all taxes and fees incident hereunto. Policies shall meet the terms and conditions as specified within this Contract. The County shall have no liability except as specifically provided in the Contract.

The Contractor shall not commence work before:

1) Contractor has provided the required evidence of insurance to the Contracting Agency of the

County, and 2) The County has approved the insurance policies provided by the Contractor.

35

Revised: 06/2020 Humboldt Page 6 of 13

Prior approval of the insurance policies by the County shall be a condition precedent to any payment of consideration under this Contract and the County’s approval of any changes to insurance coverage during the course of performance shall constitute an ongoing condition subsequent to this Contract. Any failure of the County to timely approve shall not constitute a waiver of the condition.

A. Insurance Coverage. The Contractor shall, at the Contractor’s sole expense, procure, maintain and keep in

force for the duration of the Contract insurance conforming to the minimum limits as specified in Attachment B, incorporated hereto by attachment. Unless specifically stated herein or otherwise agreed to by the County, the required insurance shall be in effect prior to the commencement of work by the Contractor and shall continue in force as appropriate until:

1) Final acceptance by the County of the completion of this Contract; or 2) Such time as the insurance is no longer required by the County under the terms of this Contract;

whichever occurs later.

Any insurance or self-insurance available to the County shall be in excess of and non-contributing with, any insurance required from Contractor. Contractor’s insurance policies shall apply on a primary basis. Until such time as the insurance is no longer required by the County, Contractor shall provide the County with renewal or replacement evidence of insurance no less than thirty (30) days before the expiration or replacement of the required insurance. If at any time during the period when insurance is required by the Contract, an insurer or surety shall fail to comply with the requirements of this Contract, as soon as Contractor has knowledge of any such failure, Contractor shall immediately notify the County and immediately replace such insurance or bond with an insurer meeting the requirements.

B. General Requirements.

1) Additional Insured: By endorsement to the general liability insurance policy, the County, its officers,

employees and immune contractors as defined in NRS 41.0307 shall be named as additional insureds for all liability arising from the Contract.

2) Waiver of Subrogation: Each insurance policy shall provide for a waiver of subrogation against the

County, its officers, employees and immune contractors as defined in NRS 41.0307 for losses arising from work/materials/equipment performed or provided by or on behalf of the Contractor.

3) Cross Liability: All required liability policies shall provide cross-liability coverage as would be

achieved under the standard ISO separation of insureds clause.

4) Deductibles and Self-Insured Retentions: Insurance maintained by Contractor shall apply on a first dollar basis without application of a deductible or self-insured retention unless otherwise specifically agreed to by the County. Such approval shall not relieve Contractor from the obligation to pay any deductible or self-insured retention. Any deductible or self-insured retention shall not exceed fifty thousand dollars ($50,000.00) per occurrence, unless otherwise approved by the County.

5) Policy Cancellation: Except for ten (10) days notice for non-payment of premiums, each insurance

policy shall be endorsed to state that without thirty (30) days prior written notice to the County, c/o Contracting Agency, the policy shall not be canceled, non-renewed or coverage and/or limits reduced or materially altered, and shall provide that notices required by this Section shall be sent by certified mail to the address shown on page one (1) of this contract.

6) Approved Insurer: Each insurance policy shall be:

a) Issued by insurance companies authorized to do business in the State of Nevada or eligible

surplus lines insurers acceptable to the State and having agents in Nevada upon whom service of process may be made; and

b) Currently rated by A.M. Best as “A-VII” or better.

C. Evidence of Insurance.

36

Revised: 06/2020 Humboldt Page 7 of 13

Prior to the start of any work, Contractor must provide the following documents to the County:

1) Certificate of Insurance: The Acord 25 Certificate of Insurance form or a form substantially similar

must be submitted to the County to evidence the insurance policies and coverages required of Contractor. The certificate must name the County, its officers, employees and immune contractors as defined in NRS 41.0307 as the certificate holder. The certificate should be signed by a person authorized by the insurer to bind coverage on its behalf. The County project/contract number (if any); a job description and Contract effective dates shall be noted on the certificate, and upon renewal of the policies listed, Contractor shall furnish the County with replacement certificates as described within Section 16A, Insurance Coverage.

Mail all required insurance documents to the County Contracting Agency identified on Page one of the Contract.

2) Additional Insured Endorsement: An Additional Insured Endorsement (CG 20 10 11 85 or CG 20 26

11 85), signed by an authorized insurance company representative, must be submitted to the County to evidence the endorsement of the County as an additional insured per Section 16 B, General Requirements.

3) Schedule of Underlying Insurance Policies: If Umbrella or Excess policy is evidenced to comply with

minimum limits, a copy of the underlying Schedule from the Umbrella or Excess insurance policy may be required.

4) Review and Approval: Documents specified above must be submitted for review and approval by the

County prior to the commencement of work by Contractor. Neither approval by the County nor failure to disapprove the insurance furnished by Contractor shall relieve Contractor of Contractor’s full responsibility to provide the insurance required by this Contract. Compliance with the insurance requirements of this Contract shall not limit the liability of Contractor or its subcontractors, employees or agents to the County or others, and shall be in addition to and not in lieu of any other remedy available to the County under this Contract or otherwise. The County reserves the right to request and review a copy of any required insurance policy or endorsement to assure compliance with these requirements.

17. COMPLIANCE WITH LEGAL OBLIGATIONS. Contractor shall procure and maintain for the duration

of this Contact any State, county, city or federal license, authorization, waiver, permit qualification or certification required by statute, ordinance, law, or regulation to be held by Contractor to provide the goods or services required by this Contract. Contractor will be responsible to pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Real property and personal property taxes are the responsibility of Contractor in accordance with NRS 361.157 and NRS 361.159. Contractor agrees to be responsible for payment of any such government obligations not paid by its subcontractors during performance of this Contract.

18. WAIVER OF BREACH. Failure to declare a breach or the actual waiver of any particular breach of the Contract or its material or nonmaterial terms by either party shall not operate as a waiver by such party of any of its rights or remedies as to any other breach.

19. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or

equity, this Contract shall be construed as if such provision did not exist and the non-enforceability of such provision shall not be held to render any other provision or provisions of this Contract unenforceable.

20. ASSIGNMENT/DELEGATION. To the extent that any assignment of any right under this Contract changes

the duty of either party, increases the burden or risk involved, impairs the chances of obtaining the performance of this Contract, attempts to operate as a novation, or includes a waiver or abrogation of any defense to payment by the County, such offending portion of the assignment shall be void, and shall be a breach of this Contract. Contractor shall neither assign, transfer nor delegate any rights, obligations nor duties under this Contract without the prior written consent of the County.

37

Revised: 06/2020 Humboldt Page 8 of 13

21. COUNTY OWNERSHIP OF PROPRIETARY INFORMATION. Any reports, histories, studies, tests, manuals, instructions, photographs, negatives, blue prints, plans, maps, data, system designs, computer code (which is intended to be consideration under the Contract), or any other documents or drawings, prepared or in the course of preparation by Contractor (or its subcontractors) in performance of its obligations under this Contract shall be the exclusive property of the County and all such materials shall be delivered into County possession by Contractor upon completion, termination, or cancellation of this Contract. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than performance of Contractor’s obligations under this Contract without the prior written consent of the County. Notwithstanding the foregoing, the County shall have no proprietary interest in any materials licensed for use by the County that are subject to patent, trademark, or copyright protection.

22. PUBLIC RECORDS. Pursuant to NRS 239.010, information or documents received from Contractor may be

open to public inspection and copying. The County has a legal obligation to disclose such information unless a particular record is made confidential by law or a common law balancing of interests. Contractor may label specific parts of an individual document as a “trade secret” or “confidential” in accordance with NRS 332.025, provided that Contractor thereby agrees to indemnify and defend the County for honoring such a designation. The failure to so label any document that is released by the County shall constitute a complete waiver of any and all claims for damages caused by any release of the records.

23. CONFIDENTIALITY. Contractor shall keep confidential all information, in whatever form, produced,

prepared, observed or received by Contractor to the extent that such information is confidential by law or otherwise required by this Contract.

24. FEDERAL FUNDING. In the event federal funds are used for payment of all or part of this Contract:

A. Contractor certifies, by signing this Contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any federal department or agency. This certification is made pursuant to the regulations implementing Executive Order 12549, Debarment and Suspension, 28 C.F.R. pt 67, Section 67.510, as published as pt. VII of the May 26, 1988, Federal Register (pp. 19160-19211), and any relevant program-specific regulations. This provision shall be required of every subcontractor receiving any payment in whole or in part from federal funds.

B. Contractor and its subcontracts shall comply with all terms, conditions, and requirements of the Americans

with Disabilities Act of 1990 (P.L. 101-136), 42 U.S.C. 12101, as amended, and regulations adopted there under contained in 28 C.F.R. 26.101-36.999, inclusive, and any relevant program-specific regulations.

C. Contractor and it subcontractors shall comply with the requirements of the Civil Rights Act of 1964, as

amended, the Rehabilitation Act of 1973, P.L. 93-112, as amended, and any relevant program-specific regulations, and shall not discriminate against any employee or offeror for employment because of race, national origin, creed, color, sex, religion, age, disability or handicap condition (including AIDS and AIDS-related conditions.)

25. LOBBYING. The parties agree, whether expressly prohibited by federal law, or otherwise, that no funding

associated with this Contract will be used for any purpose associated with or related to lobbying or influencing or attempting to lobby or influence for any purpose the following:

A. Any federal, State, county or local agency, legislature, commission, council or board;

B. Any federal, State, county or local legislator, commission member, council member, board member, or

other elected official; or

C. Any officer or employee of any federal, State, county or local agency; legislature, commission, council or board.

26. WARRANTIES.

38

Revised: 06/2020 Humboldt Page 9 of 13

A. General Warranty. Contractor warrants that all services, deliverables, and/or work products under this Contract shall be completed in a workmanlike manner consistent with standards in the trade, profession, or industry, shall conform to or exceed the specifications set forth in the incorporated attachments; and shall be fit for ordinary use, of good quality, with no material defects.

B. System Compliance. Contractor warrants that any information system application(s) shall not experience

abnormally ending and/or invalid and/or incorrect results from the application(s) in the operating and testing of the business of the County.

27. PROPER AUTHORITY. The parties hereto represent and warrant that the person executing this Contract on

behalf of each party has full power and authority to enter into this Contract. Contractor acknowledges that as required by statute or regulation this Contract is effective only after approval by the Board of Humboldt County Commissioners and only for the period of time specified in the Contract. Any services performed by Contractor before this Contract is effective or after it ceases to be effective are performed at the sole risk of Contractor.

28. NOTIFICATION OF UTILIZATION OF CURRENT OR FORMER COUNTY EMPLOYEES.

Contractor has disclosed to the County all persons that the Contractor will utilize to perform services under this Contract who are Current County Employees or Former County Employees. Contractor will not utilize any of its employees who are Current County Employees or Former County Employees to perform services under this Contract without first notifying the Contracting Agency of the identity of such persons and the services that each such person will perform, and receiving from the Contracting Agency approval for the use of such persons.

29. ASSIGNMENT OF ANTITRUST CLAIMS. Contractor irrevocably assigns to the County any claim for

relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of State of Nevada or federal antitrust laws in connection with any goods or services provided to the Contractor for the purpose of carrying out the Contractor’s obligations under this Contract, including, at the County’s option, the right to control any such litigation on such claim for relief or cause of action. Contractor shall require any subcontractors hired to perform any of Contractor’s obligations under this Contract to irrevocably assign to the County, as third party beneficiary, any right, title or interest that has accrued or which may accrue in the future by reason of any violation of State of Nevada or federal antitrust laws in connection with any goods or services provided to the subcontractor for the purpose of carrying out the subcontractor’s obligations to the Contractor in pursuance of this Contract, including, at the County’s option, the right to control any such litigation on such claim for relief or cause of action.

30. GOVERNING LAW: JURISDICTION. 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-law that would require the application of the law of any other jurisdiction. The parties consent to the exclusive jurisdiction of the Sixth Judicial District Court, in Humboldt, Nevada for enforcement of this Contract.

31. ENTIRE CONTRACT AND MODIFICATION. This Contract and its integrated attachment(s) constitute

the entire agreement of the parties and as such are intended to be the complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements that may have been made in connection with the subject matter hereof. Unless an integrated attachment to this Contract specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language between any such attachment and this Contract shall be construed consistent with the terms of this Contract. Unless otherwise expressly authorized by the terms of this Contract, no modification or amendment to this Contract shall be binding upon the parties unless the same is in writing and signed by the respective parties hereto and approved in writing by the Office of the Humboldt County District Attorney and the Board of Humboldt County Commissioners.

{SIGNATURE PAGE TO FOLLOW}

39

Revised: 06/2020 Humboldt Page 10 of 13

IN WITNESS WHEREOF, the parties hereto have caused this Contract to be signed and intend to be legally bound thereby. CONTRACTOR: Mark Stafford Date Owner of Stafford Appraisal COUNTY: On: Ken Tipton, Chairman, Date Humboldt County Board of Commissioners Approved as to form by: On: Wendy Maddox, Humboldt County Date Deputy District Attorney ATTEST: On: Tami Rae Spero

Ex Officio Clerk of the Board Date

40

Revised: 06/2020 Humboldt Page 11 of 13

ATTACHMENT A

COUNTY SOLICITATION OR RFP #: NONE and AMENDMENT(S) # NONE

SOLICITATION BASED ON CONTRCTOR’S PREVIOUS ASSESSMENT WORK EXPERIENCE ON OTHER ENERGY GENERATION PROPERTIES IN NEVADA

41

Revised: 06/2020 Humboldt Page 12 of 13

ATTACHMENT B

INSURANCE SCHEDULE

PROOF OF INSURANCE IS WAIVED BY COUNTY

42

Revised: 06/2020 Humboldt Page 13 of 13

ATTACHMENT C CONTRACTOR’S RESPONSE

Tasks to be performed:

1. The Battle Mountain SP Solar Project is a 101MW power generating facility proposed to be constructed in Humboldt County. The Contractor shall develop a Taxable Value of the property for the Fiscal Tax Years as designated by the Humboldt County Assessor. Said valuation shall be developed in conformance with the requirements of Chapters 360 and 361 of Nevada Revised Statutes and Nevada Administrative Code.

2. The Contractor will conduct an onsite inspection of the land, improvements and personal property, review the plans, specifications, building permits, lease agreements, books, lists, financial statements and any other pertinent information necessary to develop an adequate Assessment Record.

3. Contractor shall represent Humboldt County before the County and State Boards of Equalization resulting from an appeal of valuation related to the Battle Mountain SP Solar Project.

4. Contractor may provide any other professional appraisal services, consultation or assistance related to the valuation of the Battle Mountain SP Solar Project, or any other property located in Humboldt County, as may be deemed necessary and mutually agreed upon by the Humboldt County Assessor and the Contractor.

Fee Schedule and Conditions:

Humboldt County is to be billed quarterly for services rendered based on a detailed list of activities and expenses according to this schedule: Hourly rate $150.00* Copies/duplication Actual cost not to exceed $100.00 total Marshall-Swift job charges Actual cost not to exceed $200.00 total *If Contractor will be required to testify before any County or State Board of Equalization, the hourly rate will remain at $150.00 per hour. It should be noted that the length and complexity of any potential valuation appeal is an unknown future event. Although considered unlikely, if the resulting charges are anticipated to exceed the maximum cost referenced in Section 6 on Page 2 of this contract, the County and Contractor may enter into a revised contract.

43

Education Associate Degree in Applied Science: Business-Real Estate Truckee Meadows Community College Reno, NV

Courses Successfully

Completed

Appraisal Institute (Includes former AIREA and SREA): Real Estate Appraisal Principles Residential Valuation Standards of Professional Practice A & B Capitalization Theory & Techniques A & B Applied Income Property Valuation Case Studies in Real Estate Valuation Valuation Analysis & Report Writing University of Nevada at Reno: Real Estate Evaluation International Association of Assessing Officers: Fundamentals of Real Estate Appraisal-Course 101 Income Approach to Valuation-Course 102 Income Approach to Valuation II-Course 112 Appraisal of Land-Course 201 Residential Modeling-Course 311 Assessment Administration-Course 400 Assessment of Personal Property-Course 500 USPAP (National)-Workshop 151

Professional

Experience

11/18-Present Mark Stafford Real Estate Appraiser Reno, NV Independent Fee Appraiser

Providing appraisal and consulting services for gaming, hospitality, industrial, commercial, special use and rural properties. Contract appraiser for ad valorem valuation and consultation services to County Assessors throughout Nevada. Present and defend valuation appeals to County and State Boards of Equalization for governmental and corporate entities.

4/97 – 11/18 Washoe County Assessor’s Office Reno, NV Senior Appraiser

Responsible for oversight of all valuation activities relating to gaming properties, telecommunication equipment and leaseholds, possessory interest leaseholds and business personal property. Conducted reappraisal of residential and commercial districts. Charged with appraising large commercial, income oriented, distress, and special use properties. Review valuation appeals, present cases to Boards of Equalization.

10/81 – 4/97 Mark Stafford Real Estate Appraiser Independent Fee Appraiser

Working from offices in Reno, Fallon, and Tonopah, appraising all property types throughout Nevada and northern California. Clients included financial institutions, governmental agencies, attorneys and private parties for bankruptcy, condemnation, estate, ad valorem, relocation, and financing purposes. Supervised appraisal and clerical staff, provide expert testimony.

Qualifications of

Mark E. Stafford Real Estate Appraiser

401 Ryland St Suite 100 Reno, NV 89502

775-750-9078 mark@staffordappraisal.com

44

Professional

Experience cont.

5/80 – 10/81 Nye County Assessor’s Office Tonopah, NVSenior Appraiser

Supervised appraisal staff, valuation activities and procedures. Explained assessment procedures to property owners at town meetings. Defended values at Boards of Equalization. Restructured appraisal cycle districts and supervised implementation of Tax Reform Plan of 1981. Performed after-hours fee appraisals for banks, savings and loans, relocation companies, attorneys and others throughout Central Nevada.

5/77 – 5/80 M.E. (Eddie) Stafford, MAI Reno, NVAssociate Appraiser

Prepared single and multi-family, vacant land and site appraisal reports primarily for financing purposes. Performed compliance inspections and researched comparative income, sales, and cost data.

Qualified as Expert

Witness

Second Judicial District Court Reno Fifth Judicial District Court Tonopah United States Bankruptcy Court Reno Special Masters Hearings (Condemnation for sewer system) Reno Also testified at Churchill, Lander, Nye, Clark, Storey and Washoe County Boards of Equalization; Nevada State Board of Equalization

Appraisal Courses

Taught

Principle & Theory of Real Estate Appraisal Truckee Meadows Community College, Reno-1982 to 1986 Northern Nevada Community College, Elko-1983 Advanced Problems of Real Estate Appraisal (Income Properties) Truckee Meadows Community College, Reno-1984 to 1987

IAAO Course 101-Fundamentals of Real Estate Appraisal

IAAO Course 102-Income Approach to Valuation

IAAO Course 112-Income Approach to Valuation II

Numerous presentations at the Nevada Assessor’s Association Conferences

Presentation on Gaming Properties at IAAO International Conference

State Certification Certified General Appraiser, State of Nevada No. A.0000178-CG Licensed Real & Personal Property Tax Appraiser, State of Nevada

Other Served as Co-Chair, Appraiser Certification Board Nevada State Department of Taxation IAAO In-State Instructor

Noteworthy

Assignments

Completed

Fast Food Franchises; Bank Buildings; Legal Brothels; Churches; Fitness Center; Truck Stop; Casinos and Hotel-Casinos; Water-righted ranches; Residential Subdivisions and Condominium Developments; Professional, Medical, and Dental Offices; Hotels, Motels, and Apartment Complexes of 100 plus units; Manufactured Housing & Recreational Vehicle Parks; Special Assessment Districts; Coal, Natural Gas and Solar Power Generating Facilities. Government property for public disposal; Condemnation appraisals for roadways, utility easements, man-made dam and airport clear-zones. Casino valuation consultant for the Detroit City Assessor’s Office. Contract appraiser for Lander, Eureka, Mineral and Storey County Assessor’s Offices.

45

DELL MARKETING L.P.One Dell WayRound Rock, TX 78682  

FID Number: 74-2616805For Sales: (800)274-1550Customer Service: (800)274-1550Technical Support: (800)274-1550Dell Online: http://www.dell.comUS355021647-NV-US_73

Invoice

   BILL TO:

           HUMBOLDT COUNTY, NV           TIM HENIGIN           795 FAIRGROUNDS RD           WINNEMUCCA, NV 89445-2002          

   SHIP TO:

           HUMBOLDT COUNTY, NV           BENDELL TAMMY           795 FAIRGROUNDS RD           WINNEMUCCA, NV 89445          

 

Invoice No:  10391368423 Customer No: 145330402 Order No: 606837770 Page 1 of 3

Purchase Order: T031820cPayment Terms: Due 30 days from the invoice dateDue Date: 06/05/2020Invoice Date: 05/06/2020Customer Agreement No: MNWNC-108

Contract Number: C000000010638Waybill Number: 461361554985258Order Date: 03/18/2020Sales Rep: ELIZABETH G CLARKShipped Via: FEDERAL EXPRESS

 .

FOR SHIPMENTS TO CALIFORNIA, A STATE ENVIRONMENTAL FEE OF UP TO $6 PER ITEM WILL BE ADDED TO INVOICES FOR ALL ORDERS CONTAINING A DISPLAY GREATER THAN 4 INCHES. PLEASE KEEP ORIGINAL BOX FOR ALL RETURNS. COMPREHENSIVE ONLINE CUSTOMER CARE INFORMATION AND ASSISTANCE IS A CLICK AWAY AT WWW.DELL.COM/PUBLIC-ECARE TO ANSWER A VARIETY OF QUESTIONS REGARDING YOUR DELL ORDER.

  USD 

Sub-Total:   $ 9,825.00 

Ship. &/or Handling:   $ 0.00 

ENVIRO FEE:   $ 0.00

Taxable:$ 0.00Non-Taxable:$ 9,825.00

Tax:$ 0.00 

Invoice Total:  $ 9,825.00 

  .

DETACH AT LINE AND RETURN WITH PAYMENT

Make check payable / remit to :

Dell Marketing L.P.C/O Dell USA L.P.PO Box 910916Pasadena, CA 91110-0916

Invoice No:  10391368423 Customer Name: HUMBOLDT COUNTY, NV 

Customer No:  145330402 PO No:  T031820c 

Order Number:  606837770  

Electronics PaymentsDell Marketing L.P.PNC BankABA#: 043-000-096Acct#: 1017304611Swift code : PNCCUS33

  USD 

Sub-Total:   $ 9,825.00 

Ship. &/or Handling: $ 0.00 

ENVIRO FEE:  $ 0.00

Taxable:$ 0.00Non-Taxable:$ 9,825.00

Tax:$ 0.00 

Invoice Total:  $ 9,825.00 

 

 

 

Balance Due:   $ 9,825.00 

Amount Enclosed:     .

  .0103913684230000000982500000001453304024

Item Number Description Qty Unit Unit Price Amount

210-ASQF Dell Latitude 7400 2-in-1 XCTOSystem Service Tags:JJFC533, 63M5533, 6XD3533, JTS3533, 7WZ2533

5 EA 1,965.00 9,825.00

379-BDKQ 8th Generation Intel(R) Core(TM) i7-8665U Processor (4 Core,8MB Cache,1.9GHz,15W, vPro)

5 EA - -

619-AHKN Win 10 Pro 64 English, French, Spanish 5 EA - -340-CKSZ No AutoPilot 5 EA - -630-AAPK No Productivity Software 5 EA - -421-9983 Dell Encryption Enterprise, Digital Delivery 5 EA - -954-3463 ProSupport for Software, Dell Encryption Enterprise, 3 Years 5 EA - -

46

DELL MARKETING L.P.One Dell WayRound Rock, TX 78682  

FID Number: 74-2616805For Sales: (800)274-1550Customer Service: (800)274-1550Technical Support: (800)274-1550Dell Online: http://www.dell.comUS355021647-NV-US_73

Invoice

   BILL TO:

           HUMBOLDT COUNTY, NV           TIM HENIGIN           795 FAIRGROUNDS RD           WINNEMUCCA, NV 89445-2002          

   SHIP TO:

           HUMBOLDT COUNTY, NV           BENDELL TAMMY           795 FAIRGROUNDS RD           WINNEMUCCA, NV 89445          

 

Invoice No:  10391368423 Customer No: 145330402 Order No: 606837770 Page 2 of 3

Purchase Order: T031820cPayment Terms: Due 30 days from the invoice dateDue Date: 06/05/2020Invoice Date: 05/06/2020Customer Agreement No: MNWNC-108

Contract Number: C000000010638Waybill Number: 461361554985258Order Date: 03/18/2020Sales Rep: ELIZABETH G CLARKShipped Via: FEDERAL EXPRESS

Item Number Description Qty Unit Unit Price Amount338-BQUM Assembly Base 5 EA - -338-BQUN I7-8665U vPro, Thunderbolt, 16G memory 5 EA - -631-ABYN No Out-of-Band Systems Management - vPro Disabled 5 EA - -631-ABYQ Intel Sensor Solution 5 EA - -370-AESY 16GB LPDDR3 2133MHz 5 EA - -400-BBTR M.2 512G PCIE NVME CLASS 35 Solid State Drive 5 EA - -575-BBXP PCIe SSD Bracket 5 EA - -401-AAGM No Additional Hard Drive 5 EA - -658-BEDL Control Vault 3, vpro 5 EA - -391-BECK 14" FHD (1920x 1080) Touch Anti-Reflective & Anti-Smudge, IR Camera & Proximity-

Sensor & Mic, SLP Narrow Bezel5 EA - -

391-BEKB Proximity Sensor Application vPro 5 EA - -580-AHTT US English Keyboard with Backlight 5 EA - -570-AADK No Mouse 5 EA - -555-BESO Intel(R) 9560AC Wireless Driver with Bluetooth 5 EA - -555-BESD Intel Dual Band Wireless AC 9560 (802.11ac) 2x2 + Bluetooth 5.0 5 EA - -556-BCBC Qualcomm® Snapdragon? X20 LTE for Verizon, for vPro CPU 5 EA - -575-BBYB uSIMM Tray for Mobile Broadband 5 EA - -451-BCIC 4 Cell 52 Whr ExpressCharge Capable 5 EA - -450-AGDR 90W E5 Type-C Power Adapter 5 EA - -346-BEXD Palmrest, touch finger printer reader, Thunderbolt 3, 52Whr Battery 5 EA - -817-BBBB Custom Configuration 5 EA - -620-AAOH No Media 5 EA - -800-BBQK BTO Standard Shipment (VS) 5 EA - -389-BEYY Regulatory Label included 5 EA - -340-AAPP Direct Ship Info 5 EA - -340-CLIX Shuttle Box 5 EA - -340-CLJB Shuttle Box 5 EA - -340-CLJJ Min config box 5 EA - -340-CLRF Mix Model Packaging DAO 5 EA - -387-BBNM ENERGY STAR Qualified 5 EA - -340-CLGX Quick Reference Guide 5 EA - -340-ACQQ No Option Included 5 EA - -332-1286 US Order 5 EA - -430-XXYG No Resource DVD / USB 5 EA - -389-BCGW No UPC Label 5 EA - -340-AGIK Safety/Environment and Regulatory Guide (English/French Multi-language) 5 EA - -389-DPGO FCC Label 5 EA - -658-BCUV Dell Developed Recovery Environment 5 EA - -658-BEER Additional Software VPro 5 EA - -450-AAEJ E5 US Power Cord 5 EA - -354-BBBE Bottom Cover 5 EA - -452-BBSE No Docking Station 5 EA - -650-AAAM No Anti-Virus Software 5 EA - -389-CGBC Intel(R) Core(TM) i7 Processor Label 5 EA - -807-7362 Dell Limited Hardware Warranty Plus Service 5 EA - -

47

DELL MARKETING L.P.One Dell WayRound Rock, TX 78682  

FID Number: 74-2616805For Sales: (800)274-1550Customer Service: (800)274-1550Technical Support: (800)274-1550Dell Online: http://www.dell.comUS355021647-NV-US_73

Invoice

   BILL TO:

           HUMBOLDT COUNTY, NV           TIM HENIGIN           795 FAIRGROUNDS RD           WINNEMUCCA, NV 89445-2002          

   SHIP TO:

           HUMBOLDT COUNTY, NV           BENDELL TAMMY           795 FAIRGROUNDS RD           WINNEMUCCA, NV 89445          

 

Invoice No:  10391368423 Customer No: 145330402 Order No: 606837770 Page 3 of 3

Purchase Order: T031820cPayment Terms: Due 30 days from the invoice dateDue Date: 06/05/2020Invoice Date: 05/06/2020Customer Agreement No: MNWNC-108

Contract Number: C000000010638Waybill Number: 461361554985258Order Date: 03/18/2020Sales Rep: ELIZABETH G CLARKShipped Via: FEDERAL EXPRESS

Item Number Description Qty Unit Unit Price Amount807-7429 ProSupport Plus: Accidental Damage Service, 3 Years 5 EA - -807-7430 ProSupport Plus: Next Business Day Onsite, 3 Years 5 EA - -807-7431 ProSupport Plus: Keep Your Hard Drive, 3 Years 5 EA - -807-7432 ProSupport Plus: 7x24 Technical Support, 3 Years 5 EA - -997-8367 Thank you for choosing Dell ProSupport Plus. For tech support, visit

www.dell.com/contactdell or call 1-866-516-31155 EA - -

 

48

______MMiicchhaaeell CCllaayy______ C O R P O R A T I O N

Mail: 410 E. Minor Street FedEx/UPS: 8 E. Haskell Street

Winnemucca, Nevada 89445 License No. 4548

Phone 775-623-4488 Fax 775-623-6217

mike@michaelclay.com * www.michaelclay.com

Request Memorandum

Date: May 17, 2020 To: Dave Mendiola, County Manager Humboldt County From: Mike Sheppard, Owner’s Representative Humboldt County Telecommunications Project Subject: Supplemental Funding for Current Operations

As you know the installation and integration of the antenna systems and radios is a complex process. We have encountered additional costs for adjustments to the antenna systems with the Aviat Subcontracted crew related to mounting locations on the towers, moving and reconciling the Valmont mounting hardware that was stored at Rose Creek for security. The current additional costs are $46,624. We request the Commission authorize an amount not to exceed $60,000 in the event added adjustments are required we can authorize contemporaneously without encountering an additional mobilization. The added mobilization of the crew if we delay an authorization is $4,375. This cost was waived on the forgoing adds.

49

Humboldt County Public Works 50 W 5th Street

Winnemucca, Nevada 89445 Phone: (775)623-6416 Fax: (775)623-6475

Page 1 of 1

To: Humboldt County Board of Commissioners From: Don Kalkoske, Public Works Director Date: May 19, 2020 Subject: Water/Wastewater Specialist Position The Humboldt County Public Works Department which includes the Utilities and Roads Divisions currently has four (4) vacant positions (2 Water/Wastewater & 2 Equipment Operator). With the Department being understaffed and in the current economic climate, we are requesting authorization to hire one water/wastewater specialist position. This position had been brought before the board in 2019 and one position was filled in September, however that individual did not work out and was terminated in November of 2019. In February/March 2020, we tried to fill the position again but there six applicants and only 3 of those showed up for interviews. Before we made a decision on appointment, the Covid-19 situation arose and halted any onboarding of new personnel. With that, we have been running without this position for over 120 days and with increasing responsibilities by our regulators (NDEP, BSDW), the systems are suffering from lack of maintenance. Since November, we have been burdened with much required maintenance and repairs on the water/wastewater systems. To complete this work, we currently utilize personnel from our Road Crews and in doing so, puts the roads in their responsible areas at risk of failure and prone to additional damage. With the pending transfer of Star City Water and addition of the arsenic treatment plan in McDermitt, we will only see more deferred maintenance on the systems which could put the public’s health at risk and road maintenance schedules pushed as Roads personnel are assigned to repair and maintain the systems. To better manage the road crew schedules and be more responsive to Roads and Utility issues, we need to hire one Water/Wastewater Specialist. We currently have 19 applications across all three classifications for the Water/Wastewater Specialist series and are requesting authorization to hire one Water/Wastewater Specialist position at this time. Getting this position filled now will allow the individual time to get trained on our existing systems before taking over the Star City Water System and installation of the McDermitt arsenic treatment facility.

50

1

City of Winnemucca

Humboldt County Rural Areas

Broadband Enhancement Summary

Section Section Name Pages

1 Potential for RFP Timeline 2 2 Humboldt County Background and History 2-6 3 Humboldt County Location Map 6 4 Problem Statement and Statement of Need 6-8 5 Areas of Need

City of Winnemucca Government

Unserved and Underserved Areas of Humboldt County Description of Services

8 8-12

12-16 16-18 18-21

6 Survey Results 21-22 7 Characteristics of desired construction vendors/investment

partners/service providers 22

8 City and County Offerings to Construction Companies and Service Providers

22-25

9 Fully Managed Service Provider Solutions

26

10 Glossary of Terms 27-28 A Access to Assets 29 B Fiber Construction Specifications 29-34 D Tower Locations 34-35 E Local Service Provider Contacts 35

51

2

1. RFP Timeline • May 7, 2020 RFI is released • May 21, 2020 Initial Vendor Questions e-mailed to

RFI@humboldtcountynv.gov • June 2, 2020 Vendor Meeting • June 5, 2020 Final Vendor Questions • June 7, 2020 Q&A posted • July 14, 2020 Responses due at 5 PM PT; E-mailed to

RFI@humboldtcountynv.gov

2. Humboldt County Background and History

Humboldt County and City of Winnemucca, Census Designated Places: Denio, Fort McDermitt, Golconda, McDermitt, Orovada, Paradise Valley, and Valmy.

Humboldt County

Humboldt County is the oldest county in Nevada, created by the Utah Territorial Legislature in 1856. It was also one of Nevada's original nine counties created in 1861. The county is named after the Humboldt River, which was named by John C. Frémont, after Alexander von Humboldt, a German naturalist, traveler and statesman. Humboldt never saw the places that bear his name. Unionville was the first county seat in 1861 until the mining boom died there and it was moved to Winnemucca on the transcontinental railroad line in 1873.

As of the 2010 United States Census, there were 16,528 people, 6,289 households, and 4,316 families residing in the county. A 2016 count of population showed growth to 17,698.

The population density is 1.7 inhabitants per square mile (0.66/km2). There were 7,123 housing units at an average density of 0.7 per square mile (0.27/km2).

Of the 6,289 households, 36.3%-children under the age of 18 living with them, 53.2%-married couples living together, 8.9%-female householder with no husband present, 31.4%-non-families, and 25.6%-households made up of individuals. The average household size was 2.60 and the average family size was 3.13. The median age was 36.2 years.

The median income for a family in the county was $69,938 (well above the State of Nevada’s average at $55,180). The per capita income for the county was $25,965. About 7.8% of families and 12.0% of the population were below the poverty line, including 17.3% of those under age 18 and 4.6% of those age 65 or over.

52

3

County Land Area:

Land area: 9648 sq. mi. Water area: 10.0 sq. mi.

County Employment Overview

Industries providing employment: Professional, scientific, management, administrative, and waste management services (42.4%), Educational, health and social services (19.1%), Arts, entertainment, recreation, accommodation and food services (16.8%).

Type of workers:

• Private wage or salary: 43% • Government: 1% • Self-employed, not incorporated: 56% • Unpaid family work: 0%

City of Winnemucca

53

4

Winnemucca is the only incorporated city in Humboldt County and is the county seat.

Population in 2014: 8,001 (97% urban, 3% rural). Population change since 2000: +11.5% Estimated median household income in 2016: $75,978 Land area: 8.27 square miles. Population density: 967 people per square mile

Mining in Humboldt County

Mining is a significant industry in Humboldt County with Nevada Gold Mines, LLC mining 102,281 acres in the County and Lithium Nevada increasing operations. Mining companies are very supportive of the initiative to attract better broadband service to the residential and business areas of the County. Mining companies see broadband access as essential to quality of life.

Denio

Denio is a census-designated place (CDP) that lies on the Nevada-Oregon state line in Humboldt County, Nevada, in the United States. The population of the CDP, which is entirely in Nevada, was 47 at the 2010 census; The CDP includes a post office, a community center, a library, and the Diamond Inn Bar. Recreational activities available in the Denio area include fishing, opal mining, rockhounding, hunting, and visiting the hot springs. The

54

5

Humboldt County School District operates the Denio School, a kindergarten-eighth grade (K-8) school, on the Nevada side of the state line.

McDermitt

McDermitt and Ft. McDermitt Indian Reservation are unincorporated communities straddling the Nevada–Oregon border, in Humboldt County, Nevada, and Malheur County, Oregon, United States. McDermitt's economy has historically been based on mining, ranching, and farming.

The last mining operation closed in 1990, resulting in a steady decline in population.

As of the 2010 census, the combined population was 513. Seventy-five percent of the residents were American Indian, predominantly Northern Paiute of the Fort McDermitt Indian Reservation, whose members include Shoshone people.

The median household income is $69,939. Most homes are clustered around a small area as shown in the aerial photo below:

Goloconda

Golconda is a census-designated place in southeastern Humboldt County, Nevada, United States. As of the 2010 census it had a population of 214. It is located along Interstate 80 on the Humboldt River. It is located 16.2 road miles and about 12 miles due east of Winnemucca. Most of the population is clustered around a 4 square block area north of Interstate 80.

55

6

Orovada Orovada is a census-designated place in Humboldt County, Nevada. The population was 155 at the 2010 census. Orvada is located on US95 – 42 road miles North of Winnemucca and 31 road miles south of McDermitt. Most of Orovada’s core population is centered around US95. Kings River Elementary School and Orovada School are located in Orovada.

Paradise Valley

Paradise Valley is a census-designated place in Humboldt County, Nevada, United States, near the Santa Rosa Ranger District of Humboldt National Forest 39 miles NNE of Winnemucca and 13 miles east of US95. As of the census of 2010, there were 109 people, 51 households, and 35 families residing in the CDP. There were 92 housing units.

Valmy

Valmy is a census-designated place in Humboldt County, Nevada, United States, named after the Battle of Valmy in France. It is home to Newmont Mining's large Lone Tree gold-mining complex; mining ended there in 2007, though a small gold resource remains in place there. Valmy is also home to the North Valmy Generating Station, jointly owned by NV Energy and Idaho Power. Valmy has a post office, with the ZIP code 89438. As of the 2010 census, the community had a population of 37 3. Humboldt County Location Map This map depicts both telecommunications assets and public sector locations. Telecommunications assets are orange markers and government facilities are in blue.

Humboldt County/Winnemucca Map 4. Problem Statement and Statement of Need

In 2018 Humboldt County (including the census designated places), and the City of Winnemucca formed the Humboldt Broadband Action Committee (HBAC) to address the lack of scalable broadband access in the county. This lack of scalable broadband access is prevalent in both high-density population and remote/rural areas of Humboldt County. Access to education, access to healthcare, communication with public safety, schoolwork, economic vitality, business innovation, entertainment, tourism and other critical services are increasingly delivered over a broadband Internet connection.

56

7

The lack of scalable broadband infrastructure and broadband services in Humboldt County will limit the county’s ability to:

- Retain jobs and existing business - Increase tourism and destination location opportunities - Promote Economic Development efforts to attract and expand commercial business - Conduct business without fear of Internet connectivity loss - Provide life-long “K to Gray” education for its citizens - Advance the capability for digital and distance learning - Provide leading edge healthcare - Ensure the timely delivery of government services to Humboldt County, City of

Winnemucca and municipal residents - Ensure timely and seamless public safety communication throughout Humboldt

County - Benefit from cloud-based/streaming services currently rendered inoperable by poor

broadband - Expand home business capability

Goals of the HBAC: The HBAC set Several Goals:

1. Throughout Humboldt County create a scalable network solution to foster diversity and innovation, drive job retention and creation, stimulate economic growth, and serve new areas of development in the community; by providing service for a minimum of twenty (20) years from the date of first operation.

2. While the HBAC prefers that the broadband solutions proposed by providers/vendors network be fiber based; all technologies will be considered, especially in lower density unserved/underserved areas.

3. Provide a flexible menu of broadband services, that improve service to the following eligible service areas:

a. Service in the City of Winnemucca - Offer enhanced service along key business and high-density residential corridors in Winnemucca’s higher density areas. Humboldt County and the City of Winnemucca have produced maps outlining a phased approach to enhanced provision of service in the City of Winnemucca. These maps are attached as Phase 1 and Phase 2 in the City of Winnemucca Section.

b. Unserved/Underserved/oversubscribed areas - Offer new or enhanced service in underserved and unserved areas of the county.

c. Government facilities – Offer lit or dark fiber services to meet the administrative and public safety needs of Humboldt County Government and municipal governments.

Note that the HBAC owns no assets nor is the HBAC a decision-making body. The HBAC is a coordination body that allows service providers to coordinate efforts with one organization that represents all bodies (called Affiliates) who possess jurisdictional authority over areas

57

8

of Humboldt County. An example of affiliates are the Humboldt County Commissioners, and the City of Winnemucca City Council. The Affiliate with jurisdictional authority over a proposed service area is the only organization with the authority to enter into service agreements, subsidy agreements or other agreements with service providers. Members of the HBAC: Here is the most current list of members of the HBAC: Abel del Real-Nava 775.623.6300 abel.del.real-nava@humboldtcountynv.gov Alicia Heiser 775.623.6333 manager@winnemuccacity.org Jan Morrison-NNRDA 775.217.0602 jan@nnrda.com Terry Boyle 775.623.8766 tboyle@winnemuccainn.com Dave Garrison 775.623.6396 wpd34@winnemuccacity.org Rich Stone 775.623.6341 rdstone@winnemucca.net Betty Lawrence 775.623.6393 betty.lawrence@hcnv.us Josiah Brown 775.625.0064 jbrown@hcsdnv.com Ric Grantham 775.623.6040 rt1@hccdnv.com Dave Mendiola 775.623.6300 dave.mendiola@hcnv.us Marlene Brissenden 775.623.3988 mcb3333@yahoo.com Maria Anderson 775.386.8185 maria.anderson@lithiumamericas.com Melissa Schultz 775.748.1052 mschultz@nevadagoldmines.com Rich Stone 775304.0737 rdstone@winnemucca.net 5. Areas of Need The HBAC has identified three areas in need of new or improved service –

1. City of Winnemucca services residents, businesses. 2. Unserved/Underserved/oversubscribed areas - Offer new or enhanced service in

underserved and unserved or oversubscribed areas of the county 3. Government facilities – Offer lit or dark fiber services to meet the administrative and

public safety needs of Humboldt County Government and municipal governments. Description of Services for City of Winnemucca High Density Areas The HBAC will consider one type of proposal to serve these areas of the City of Winnemucca.

58

9

Fully Managed Service For the service option under this category, the HBAC will consider proposals to serve the areas within the City of Winnemucca with a fully managed service with the infrastructure owned by the vendor/service provider. For these areas of the City of Winnemucca, the vendor/service provider will take responsibility to design, engineer, construct, project manage and, if providing a fully managed service, equip the Network(s). Network(s) access and/or network construction proposals should include building up to the end user drop point or the end user Network(s) interface device. In addition, the Vendor(s) will bear all the operating and maintenance costs, including insurance costs and relevant taxes of the Network(s). Vendor(s) should also demonstrate a clear and continuous upgrade path for the Network(s) to meet future consumer demand, business demand, community anchor institution demand, and service developments.

o SPEED: At initial service introduction, minimum 25 Mbps download /3 Mbps upload for business and consumers within the city limits with availability of service packages up to 1 Gbps symmetrical. As part of the respondent’s proposal, please outline how the service will scale to a minimum of 100 Mbps symmetrical minimum service up to 10 Gbps maximum service by 2022.

o SERVICE REQUIRED: For fiber-to-the-premise proposals, Active Ethernet, GPON, and/or WDM/PON technologies to provide services to households, businesses, governments, and institutions throughout the Service Area are all acceptable technologies. This Network(s) must include all active and passive infrastructure, including fiber cabling, active repeater equipment, uninterruptible power supplies, Network(s) cross-connections, software, and ancillary equipment.

o PREFERRED TECHNOLOGY:

• Lit Fiber Service-Service provider owned fiber with a fully managed lit service at a minimum of 25 Mbps download /3 Mbps upload for business and consumers within the city limits with availability of service packages up to 1 Gbps symmetrical. As part of the respondent’s proposal, please outline how the service will scale to a minimum of 100 Mbps symmetrical minimum service up to 10 Gbps maximum service by 2023

o OTHER TECHNOLOGY OPTIONS (HBAC Affiliates would offer no incentive for these

technologies): • Lit Point to Point Fixed wireless service - Service provider owned fixed wireless

with a fully managed, bundled (transport and access included) service at a minimum of 25 Mbps download /3 Mbps upload for business and consumers

59

10

within the city limits with availability of service packages up to 1 Gbps symmetrical. As part of the respondent’s proposal, please outline how the service will scale to a minimum of 100 Mbps symmetrical minimum service up to 10 Gbps maximum service by 2023.

• Mobile Broadband Service using existing wireless networks – Preferred using LTE or other current generation fully managed, bundled (transport and access included) service at a minimum of 25 Mbps download /3 Mbps upload for business and consumers within the city limits with availability of service packages up to 1 Gbps symmetrical. As part of the respondent’s proposal, please outline how the service will scale to a minimum of 100 Mbps symmetrical minimum service up to 10 Gbps maximum service by 2023.

• Others proposed by vendors

o SERVICE LEVEL AGREEMENT • For all services wired or wireless provided in high density areas, the following

service specifications should be met for all connections: - 99.95% circuit uptime - Frame/packet loss .25% commitment - 35 ms Network Latency Commitment - 5 ms Network Jitter Commitment - Rate limiting and throttling will be reported to customer - Credits for outages according to the following schedule:

Length of Service Outage Credit is the following

percentage of Monthly Recurring Cost

Less than 45 minutes

No Credit

Forty-five (45) min. to four (4) hours

5%

Greater than four (4) hours and less than eight (8) hours

10%

Greater than eight (8) hours and less than twelve (12) hours

15%

Greater than twelve (12) hours and less than sixteen (16) hours

20%

Greater than sixteen (16) hours and less than twenty- four (24) hours

35%

60

11

Greater than twenty-four (24) hours

50%

o INCENTIVE CONSIDERATIONS FOR ALL VENDORS FIBER OR WIRELESS: No rental fee access to HBAC Affiliates owned or controlled towers, utility poles and buildings for attachment of fiber or antennas. This does not include access to third party owned utility poles. Any rental fee waiver is contingent upon approval by the Affiliate who has jurisdiction over the area of proposed service. Service Providers will have to negotiate use agreements for these assets with the asset owner’s jurisdictional agency. Depending on the asset, the agency could be the Winnemucca City Council, the Humboldt County Commissioners or another agency.

o SERVICE PERIOD: Up to 20 years from date of first operation

o EXPANSION: Provides a comprehensive broadband infrastructure that can be expanded upon to serve other areas of Humboldt County, including those outside the high density areas, when deemed practical.

o OPEN ACCESS: open access solution is preferred; the main network vendor offers lit

and dark fiber services to other service providers, but proposals that have some variance on this preferred solution may be considered.

o GRANT ASSISTANCE: Providers may seek Federal or State Grant assistance to serve these “higher density” areas. The Governor’s Office of Science, Innovation, and Technology can advise and provide resource avenues. This could include:

o Grants available to Federally Recognized Tribal Organizations o Universal Service reimbursement funds o Anticipated Federal Infrastructure Investment Funds o USDA Community Development and ReConnect Grant

o PRICING:

Service for government may be priced as; o Transport only o Transport and access (bundled) package Service for business may be priced as: o Transport only o Transport and access (bundled) package Service for residences may be priced as: o Transport and access (bundled) package

61

12

Government Services

The Community Anchor Institutions located in Humboldt County and listed in the Government Facilities table would be interested in receiving quotes for broadband service. The City of Winnemucca and Humboldt County have internal Information Technology staff that coordinate their purchases, but prospective vendors can be introduced to the individuals who recommend broadband services purchases to their respective governing bodies. The desired Service Level Agreement and Service Credits are outlined on the following schedule. • For all services wired or wireless provided in high density areas, the following service

specifications should be met for all connections: - 99.99% circuit uptime - Frame/packet loss .25% commitment - 25 ms Network Latency Commitment - 5 ms Network Jitter Commitment - Rate limiting and throttling will be reported to customer - Credits for outages according to the following schedule:

Length of Service Outage Credit is the following

percentage of Monthly Recurring Cost

Less than 45 minutes

No Credit

Forty-five (45) min. to four (4) hours

5%

Greater than four (4) hours and less than eight (8) hours

10%

Greater than eight (8) hours and less than twelve (12) hours

15%

Greater than twelve (12) hours and less than sixteen (16) hours

20%

Greater than sixteen (16) hours and less than twenty- four (24) hours

35%

62

13

Greater than twenty-four (24) hours

50%

Attachment A has desired bandwidth at each location and requests 60-month pricing. This is to begin dialog with the purchasing entity. Government Facilities – in City of Winnemucca –Existing contracts are in place for the Humboldt County School District locations and for other facilities, but service providers offering a fully managed service should consider future service to these locations in their bid submission. Bolded entries indicate possible Universal Service Fund reimbursement eligibility.

Facility Name/Type Address Latitude/ Longitude Winnemucca Rural Counseling & Supportive Services

475 W. Haskell St., Winnemucca, NV. 89445

40.965524, -117.731198

Humboldt Community Health Nurse 50 E. Haskell St., Ste. B, Winnemucca, NV. 89445

40.971107, -117.728403

Incline Medical 118 E Haskell St, Winnemucca, NV 89445

40.971165, -117.72668

Golden Valley Medical Center 515 W. Haskell, Winnemucca, NV 89445

40.965749, -117.73216

Humboldt General Hospital 118 E Haskell St, Winnemucca, NV 89445

40.971165, -117.72668

Grass Valley Elementary School 6465 S. Grass Valley Road, Winnemucca, NV 8944

40.923520, -117.761822

Sonoma Heights Elementary School 1500 Melarkey St., Winnemucca, NV 89445-3830

40.965166, -117.722431

Winnemucca Grammar School 522 Lay Street, Winnemucca, NV 89445

40.969971, -117.734588

French Ford Middle School 5495 Palisade Drive, Winnemucca, NV 89445

40.967732, -117.707555

Winnemucca Junior High 451 Reinhart Street, Winnemucca, NV 89445

40.975182, -117.729405

Albert Lowry High School 5375 Kluncy Canyon Road, Winnemucca, NV 89445

40.971944, -117.708777

Humboldt County Schools Adult Education

731 Fairgrounds Road, Winnemucca, NV 89445

40.977541, -117.722372

Humboldt County Schools Central Office

310 E. Fourth Street, Winnemucca, NV 89445

40.974853, -117.730709

Bureau of Land Management 5100 E Winnemucca Blvd, Winnemucca, NV 89445

40.976672, -117.713604

Nevada Department of Motor Vehicles 3505 Construction Way, Winnemucca, NV 89445

40.953863, -117.748928

63

14

Nevada Department of Transportation 3505 Construction Way # 1, Winnemucca, NV 89445

40.953863, -117.748928

Humboldt County Main County Building (Also Sherriff)

50 W 5th St, Winnemucca, NV 89445

40.972082, -117.733351

City of Winnemucca City Hall 90 W 4th St, Winnemucca, NV 89445

40.972448, -117.734784

Humboldt County District Court 25 W 5th St, Winnemucca, NV 89445

40.971932, -117.733046

Nevada State Health Division 102 E Haskell St, Winnemucca, NV 89445

40.971319, -117.72822

City of Winnemucca Youth Center 304 E Haskell St, Winnemucca, NV 89445

40.973562, -117.726717

United States Forest Ranger Station 3275 Fountain Way, Winnemucca, NV 89445

40.958458, -117.743339

Humboldt County Road Department 3340 Bengochea Cir, Winnemucca, NV 89445

40.990372, -117.740327

Humboldt County Annex Offices 20 East Fifth Street, Winnemucca, Nevada 89445

40.972181, -117.732531

Humboldt County Building Department 20 East Fifth Street in Winnemucca, Nevada 89445

40.972181, -117.732531

Humboldt County District Attorney 501 South Bridge Street, Winnemucca, NV 89445

40.972107, -117.732804

Humboldt County Recorder 25 West 4th Street, Winnemucca, NV 89445

40.972474, -117.733878

Winnemucca Events Center 50 West Winnemucca Blvd., Winnemucca, NV 89445

40.973525, -117.735409

Winnemucca City Cemetery Maintenance Building

1811 West Winnemucca Blvd., Winnemucca, NV 89445

40.958255, -117.747394

City of Winnemucca - Vesco Park Mizpah Street, Winnemucca, NV 89445

40.973097, -117.725417

City of Winnemucca - Skateboard Park Mizpah Street, Winnemucca, NV 89445

40.973097, -117.725417

City of Winnemucca - Highland Park 4251 Water Canyon Rd, Winnemucca, NV 89445

40.956820, -117.714978

City of Winnemucca - Pioneer Park Maple Avenue, Winnemucca, NV 89445

40.978180, -117.742525

City of Winnemucca -Riverview Park 40 S Bridge St, Winnemucca, NV 89445

40.975924, -117.738908

City of Winnemucca - Municipal Golf Course

1365 Mizpah St, Winnemucca, NV 89445

40.973097, -117.725417

City of Winnemucca - Animal Control Shelter

3268 Bengochea Circle, Winnemucca, Nevada 89445

40.990738, -117.740978

64

15

City of Winnemucca - Police Department

3268 Bengochea Circle, Winnemucca, Nevada 89445

40.990738, -117.740978

City of Winnemucca-Water and Sewer 40.946979, -117.835650 City of Winnemucca-Visitors Center 30 W Winnemucca Blvd,

Winnemucca, NV 89445 40.973525, -117.735409

City of Winnemucca-Airport 40.906018, -117.801783 City of Winnemucca-Fire Station 1078 E. Winnemucca Blvd.,

Winnemucca, NV 89445 40.974678, -117.722321

Humboldt County Library 85 East 5th Street, Winnemucca, NV 89445

40.972783, -117.732481

Government Facilities in Rural Humboldt County-These facilities may require service from the provider(s) who offer broadband service in rural Humboldt County areas. The Humboldt County Schools locations are currently under contract for a fiber based service.

Facility Name/Type Address Latitude/ Longitude Denio Branch Library (School) PARCEL #02-601-07 DENIO, NV

89404 41.982361, -118.638611

McDermitt Branch Library 135 Oregon Rd, McDermitt, NV 89421

41.999842, -117.718239

Nevada Department of Transportation Quinn River Road, Quinn River, NV

41.577604, -118.435833

Fort McDermitt - Indian Health 112 N Rd, McDermitt, NV 89421 41.971539, -117.626888 McDermitt Combined School 100 Olavarria St, McDermitt, NV

89421 41.996459, -117.718158

Orovada Elementary School 85 Kings River Hwy, Orovada, NV 89425

41.569137, -117.790005

Paradise Valley Elementary School Bridge Street, Paradise Valley, NV 89426

41.493598, -117.537982

Denio Elementary School Juniper Road, Denio, NV 89404 41.989598, -118.632708 Kings River School 134 Kings River Rd, Orovada, NV

89425 41.569733, -117.786258

US Indian Health Services 112 Old Reservation Rd # 111, McDermitt, NV 89421

41.969626, -117.636444

Humboldt County/Winnemucca Map This Google Map displays government facility and communications asset locations. Humboldt County School District – Humboldt County School District is currently under contract with Zito Media for the Schools within the City of Winnemucca and with Humboldt Telephone for the rural school locations. Humboldt County School District will consider broadband service options through an E-rate procurement but will accept information from

65

16

Service Providers interested in serving the broadband requirements of Humboldt County School District through this HBAC process. Fiber Construction-If new fiber is constructed to serve any of these locations, the HBAC prefers using the construction specifications located in Appendix A.

Access to county assets: The Community Anchor Institution facilities listed above as well as county properties listed in Appendix C are considered “broadband assets” of the county and available for use by vendors upon negotiation of terms and conditions of access with the County. Unserved and Underserved Areas of Humboldt County According to the Federal Communications Commission’s (FCC) Connect America Fund (CAF) map the areas in green in Humboldt County are underserved.

In all, there were 848 locations in Humboldt County with $338,478 of support. In the FCC’s Connect America Fund Phase II Auction, which concluded in late August 2018, Fixed Wireless and Fiber vendor CommNet, accepted support in significant areas of Humboldt County. This commitment means CommNet will supply a minimum of 10 Mbps download and 1 Mbps upload broadband service in these areas (areas where CommNet accepted funding are in blue and gray). Other areas of Humboldt County where Connect America Fund support is available but was left unclaimed for Phase II (through 2023) or areas where there is no incumbent carrier. Note that United States Department of Agriculture

66

17

(USDA) Re-Connect and Community Connect Grant funding may be available in the gray areas. The Humboldt Broadband Action Committee and Humboldt County are interested in collaborating or entering into public private partnerships to seek USDA support for these areas.

Rural Digital Opportunity Fund The FCC recently released eligible areas for its next round of subsidies. Subsidies for the new Rural Digital Opportunity Fund (RDOF) will be awarded via a reverse auction that is scheduled to begin October 22nd, 2020. In Humboldt County, there are 2365 eligible locations across 3 census tracts eligible for up to $10.1 Million in total subsidies over a 10 year period.

67

18

Description of Services for rural and/or underserved areas of Humboldt County Based on residential and business survey feedback, these Connect America Fund areas and other rural areas of the County appear to still lack appropriate broadband service, the County is seeking other options for service in unserved or underserved areas. The HBAC has meeting with service providers individually to ascertain whether service can be provided to these rural/low density areas. The HBAC has developed the following specifications for broadband service providers interested in offering service in these regions. The HBAC is not a decision-making body. The HBAC will facilitate interactions with officials who represent the jurisdictional Affiliates, (namely, they City of Winnemucca City Council and the Humboldt County Commissioners) with providers who are interested in providing solutions that meet the technical specifications for one or more rural and/or underserved areas. Provider(s) of the broadband services in the unserved/underserved areas will take responsibility to design, engineer, construct, project manage and equip the Network(s). Network(s) access should include building up to the end user drop point or the end user Network(s) interface device. In addition, the Vendor(s) will bear all the operating and maintenance costs, including insurance costs and relevant taxes of the Network(s). Vendor(s) should also demonstrate a clear and continuous upgrade path for the Network(s) to meet future consumer demand, business demand, community anchor institution demand, and service developments.

o SPEED: 25 Mbps download (down) and 3 Mbps upload (up) wired or wireless solutions, scaling to 50 Mbps symmetrical over the majority of rural areas of

68

19

Humboldt County by 2023. Preference will be given to Vendors offering higher network speeds.

o SERVICES REQUIRED: high quality voice, data, and video services, and tele-health solutions.

o PREFERRED TECHNOLOGY absent fiber infrastructure: o Lit Point to Point Fixed Wireless service - Service provider owned fixed

wireless with a fully managed, bundled (transport and access included) service at a minimum 25 Mbps download/3 Mbps upload initially scaling to 50 Mbps symmetrical service by 2023.

o Mobile Broadband Service using existing wireless networks – Preferred using LTE or other current generation fully managed, bundled (transport and access included) service at a minimum 25 Mbps download/3 Mbps upload initially scaling to 50 Mbps symmetrical service by 2023.

o Others proposed by vendors

o TECHNICAL SPECIFICATIONS: o Fixed Wireless- The vendor shall engineer, design, and implement

high-availability fixed wireless paths that have path reliabilities of not less than 99.95% and a fade margin of not less than 30 dB for all fixed wireless paths. The contractor shall apply for, coordinate and obtain FCC licenses for all fixed wireless paths requiring licensing.

o Mobile wireless solutions – The vendor can propose to utilize an existing mobile network for delivery of last mile mobile to the premise solutions. An LTE platform or equivalent mobile wireless broadband technology should be proposed. The vendor should illustrate the existing capacity of the mobile network to be used for last mile broadband and the amount of oversubscription planned in the last mile, in the transport to a POP and at the POP.

o Mesh mobile network solutions or other innovative solutions-Given the rapid pace of innovation in the wireless space, HBAC Affiliates are willing to consider other solutions for the last mile. In all proposals of this kind, the vendor(s) should illustrate the existing capacity of the mobile network to be used for last mile broadband and the amount of oversubscription planned in the last mile, in the transport to a POP and at the POP.

o SERVICE LEVEL AGREEMENT o For all services wired or wireless provided in high density areas, the

following service specifications should be met for all connections: 99.9% circuit uptime Frame/packet loss .50% commitment 50 ms Network Latency Commitment transport portion only

69

20

10 ms Network Jitter Commitment Rate limiting and throttling will be reported to customer Credits for outages according to the following schedule:

Length of Service Outage Credit is the following

percentage of Monthly Recurring Cost

Less than 2 hours

No Credit

Two (2) to four (4) hours 5%

Greater than four (4) hours and less than eight (8) hours

10%

Greater than eight (8) hours and less than twelve (12) hours

15%

Greater than twelve (12) hours and less than sixteen (16) hours

20%

Greater than sixteen (16) hours and less than twenty- four (24) hours

35%

Greater than twenty-four (24) hours

50%

o SUPPORT FOR BROADBAND AVAILABILITY: Depending on the location to which the

service provider is interested in providing service, the HBAC will coordinate conversations with its Affiliates, namely, the Humboldt County Commissioners and the Winnemucca City Council. These are the agencies of jurisdiction in specific areas of the service region. These governing entities may consider small amounts of subsidy funding for deployment of enhanced terrestrial or wireless service into these unserved and underserved areas of the county. For example, the county may offer a per household or per business subsidy for deployment of terrestrial service or may support service to underserved areas by providing or funding the construction of towers required to bring wireless signal coverage and service availability to these underserved areas of Humboldt County. Any subsidy is contingent upon approval and funding by the specific Affiliate for the area of proposed service.

o SERVICE PERIOD: Up to 20 years from date of first operation

o EXPANSION: Provides a comprehensive broadband infrastructure that can be

expanded upon to serve other areas of Humboldt County when deemed practical. 70

21

o GRANT ASSISTANCE: Providers may seek Federal or State Grant assistance to serve

these “higher density” areas. The Governor’s Office of Science, Innovation, and Technology can advise and provide resource avenues. This could include:

o Grants available to Federally Recognized Tribal Organizations o Universal Service reimbursement funds o Anticipated Federal Infrastructure Investment Funds o Future rounds of Connect America Funding o USDA Re-Connect and Community Connect Grant and Loan Funding

o ACCESS TO ASSETS: Access to other broadband delivery assets owned or controlled

by the HBAC Affiliates that are detailed in Section 3A. HBAC Affiliates will also consider entering into service contracts with prospective vendors to meet HBAC member needs. Service Providers will have to negotiate use agreements for these assets with the asset owner’s jurisdictional agency. Depending on the asset, the agency could be the Winnemucca City Council, the Humboldt County Commissioners or another agency.

6. Survey Results (as of 4/8/19) The Humboldt/Winnemucca Broadband Action Committee distributed residential and business broadband surveys. The response to the surveys from both residents and businesses was strong. The highlights of the survey results were as follows: Residential Survey: 331 responses

1) Respondents receive home broadband service from the following provider - ATT (38.97%) and PC Internet (25.38%) represent just over 64% of the market (CalNeva1 with 12.99 % and 5D Networks (9.97%) are the next largest

2) Respondents level of satisfaction with their home broadband service: 6.34% very satisfied; 19.34% Satisfied; 15.11% neither satisfied or dissatisfied; 39.88% Dissatisfied; 19.34% very dissatisfied

3) Dissatisfied or very dissatisfied respondents cited slow speeds and service interruptions are the main reasons for dissatisfaction. Both of these were cited by more than 58% of dissatisfied users

4) Buffering: 83% of users experience frequent buffering 5) Respondent interest in Faster Speeds: 97.58% of users interested in faster speeds 6) Humboldt County/City of Winnemucca participation: 97.58% of respondents want

the county and city actively involved in seeking better broadband service 7) Broadband Costs-Over 70% of respondents pay between $50-99.99 for their home

broadband service

1 Now Zito after purchase of CalNeva Broadband by Zito Media in 2019

71

22

Business Survey: 31 respondents

1) Respondents receive business broadband service from the following provider: ATT had 13 users, PC Internet had 8 respondents: 5D Network serves 5, CalNeva 22, Humboldt Telephone 1 and other 2

2) Respondents level of satisfaction with their business broadband service: 45.16% are either dissatisfied or very dissatisfied

3) Dissatisfied or very dissatisfied respondents cited slow speeds and service interruptions: Slow speeds and service interruptions are the main reasons for dissatisfaction both cited by over 50% of dissatisfied users

4) Upgrades: 14 business respondents would upgrade to 1G if given the option; 29 business respondents interested in a 100 Mbps or higher

5) Buffering: 74.2% of respondents experience daily or weekly buffering 6) Humboldt County/City of Winnemucca participation: 93.55% of respondents want

the county and city actively involved in seeking better broadband service 7. Characteristics of service providers

Eligible vendors will meet the following requirements:

• A Private For-Profit business licensed to operate in NV • Vendors must have a minimum of three years of operations providing high-speed

Internet service or experience in building and financing fiber and/or fixed wireless broadband networks.

• Vendors must be in good financial standing. Vendors should have a positive cash flow, a positive credit history and must provide an audit. Financial documents that must be submitted along with this application are outlined in Section 11.4.

Each Vendor will be an independent contractor that provides all or some of the following design, finance, construction, and operation services of broadband Network(s). Agency of government who has jurisdiction will have no ownership in the Vendor(s) that owns and operates the Network(s). HBAC and its Affiliates’ contract(s) with the Vendor(s) do not constitute franchise(s). Agency of government who has jurisdiction do not plan to regulate generally Vendor(s) business activities, nor to grant Vendor(s) a franchise for its activities and operations. Agency of government who has jurisdiction expect that the contracts and property instruments associated with this effort shall establish terms and conditions governing the use of public assets that are utilized by Vendor(s) in its service delivery to its customers. 8. City and County Offerings to construction companies and service providers 2 Now Zito after purchase of CalNeva Broadband by Zito Media in 2019

72

23

Buried Fiber in Conduit There is no city or county owned fiber in Humboldt County. Tower and Building Attachment Access Access to space on towers that are owned by the City of Winnemucca, the Humboldt County TV District, and/or Humboldt County is possible by request for any respondent. Any access to towers contingent upon approval by the agency of government who has jurisdiction over the area of proposed service. A tower map and additional information about tower locations can be found in Appendix D. Rights of Way Construction and the installation of equipment in affiliated government entities rights-of-way will be subject to the applicable requirements and ordinances of the agency of government who has jurisdiction. Subject to existing rights-of way and easements, the Affiliates will allow Vendor(s) to have access to necessary rights-of-way on property owned by an Affiliate and property on which it has an easement and authority to allow such access.

Access will be provided in accordance with the applicable requirements or ordinances, but generally access will be provided during regular business hours for non-emergency work and 24 hours a day, 7 days a week in the event of an emergency. Access includes permission to perform construction work on Affiliate’s property, including construction in the streets as needed for the Network(s), subject to any permit requirements that the Agency of government who has jurisdiction. The agency of government who has jurisdiction will assist in obtaining on a timely basis the required approvals to allow such work in said rights-of-way. Any right of way access is contingent upon approval by the Affiliate who has jurisdiction over the area of proposed service. If requested, the agency of government who has jurisdiction will also cooperate with Vendor(s) in efforts to allow Vendor(s) to gain access to rights-of-way owned or controlled by third parties within the Service Area. Planned street maintenance could be utilized to coordinate any proposed work with preexisting construction schedules and these schedules may have certain flexibility to align with a potential network rollout. Pole Attachment Rights HBAC Affiliates may provide Vendor(s) with access to existing utility poles owned or controlled by its Affiliates. The mechanisms by which its Affiliates will provide such access to the poles, along with fees that will be charged, are listed in the will be subject to negotiation with the pole owner. Any pole attachment right is contingent upon approval by the Affiliate who has jurisdiction over the area of proposed service.

73

24

If requested, The Nevada Governor’s Office of Science, Innovation and Technology (OSIT) will cooperate with Vendor(s) in its efforts to gain access to poles owned or controlled by third parties within the Service Area. Co-location Space and Power The agency of government who has jurisdiction may provide access to segregated, secured spaces for telecommunications and network equipment within facilities owned or leased by the agency of government who has jurisdiction; this space may exist in telecom closets or equipment huts at tower sites, fire stations, municipal buildings, or other locations. This space is typically not tiered data center space, and is generally unconditioned beyond standard building climate control. Some locations may contain generator/UPS backup for electrical utility service, although the agency of government who has jurisdiction is open to proposals from Vendor(s) to add redundant services. Vendor(s) may choose to segregate their equipment within the shared space. The agency of government who has jurisdiction will provide reasonable 24x7 access to the space for equipment maintenance and repair. The intent of the agency of government who has jurisdiction is to make space available through a leasehold interest that matches the term of service. Any access to these facilities is contingent upon approval of the Affiliate who has jurisdiction over the area of proposed service. Access to a segregated, secured space within a data center facility or computer room owned or leased by the agency of government who has jurisdiction can be used for servers, telecommunications, and/or network equipment may also be made available. HBAC or its Affiliates may provide access to the space through routine IT operations processes or through accompanied access to the space; alternatively, Vendor(s) may choose to segregate Vendor(s) and HBAC and its Affiliates’ equipment from each other in order for the agency of government who has jurisdiction to provide full access by Vendor(s) into the facility without escort. The agency of government who has jurisdiction will ensure data center is capable of receiving electrical service, computer room air conditioning, and customary facility monitoring services. The agency of government who has jurisdiction will provide reasonable 24x7 access to the space for equipment maintenance and repair. Vendor(s) will be required to adhere to municipal security policies and practices for working in such a space. Note that Service Providers will have to negotiate use agreements for these assets with the asset owner’s jurisdictional agency. Depending on the asset, the agency could be the Winnemucca City Council, the Humboldt County Commissioners or another agency. Service to Underserved Areas of Humboldt County- Humboldt County Commissioners, and/or the Winnemucca Indian Colony with jurisdiction over a proposed service area may consider small amounts of subsidy funding for deployment of enhanced terrestrial or wireless service into these unserved and underserved areas of the county.

74

25

For example, the county may offer a per household or per business subsidy for deployment of terrestrial service or may support service to underserved areas by providing or funding the construction of towers required to bring wireless signal coverage and service availability to these underserved areas of Humboldt County. Any subsidy is contingent upon approval and funding by the Affiliate who has jurisdiction over the area of proposed service. The amount of subsidy, if any, will be determined at the sole discretion the official governing body of the proposed service area and in no case will exceed 20% of the capital deployment costs (construction materials, construction labor, engineering, project management, core/edge/premise equipment) necessary to deliver broadband service to businesses and residences. Vendors requesting a subsidy, must provide detailed/line-item invoices of costs. Subsidies will be divided and paid on a per household or per business basis with proof of subscription. Fiber to the premise service to higher density residential areas in the City of Winnemucca: The City of Winnemucca City Council or another entity who has jurisdiction over the area of high population density where service is proposed, may be willing to consider offering the following incentives if a bid meets the present and future bandwidth and service specifications:

• City of Winnemucca and/or Humboldt County will consider waiving franchise fees for up to the first 3 years of operation

• City of Winnemucca and/or Humboldt County will consider waiving right-of-way-permitting fees with 5 day expedited delivery

• Single point of contact for Humboldt County Right of Way permits and other administrative processes

• Promotion of the service by City of Winnemucca Economic Development entities and/or Humboldt County Chamber of Commerce members to businesses and residences

• Any subsidy is contingent upon approval and funding by the Affiliate who has jurisdiction over the area of proposed service.

Funding restrictions All governing entities in Humboldt County have agreed not to award grants to substitute for lost government appropriations or cover pre-existing operating expenses for established organizations or pre-existing deployment to any of the Eligible Service Areas. Assistance in Identifying and Generating Demand All governing entities within Humboldt County, to include Humboldt County, the City of Winnemucca, and/or the Winnemucca Indian Colony with jurisdiction over proposed service areas may negotiate individual commitments to purchase Network(s) services needed for its operations (e.g., transmission capacity, Internet access, voice, video, security monitoring, cloud computing and storage) through the Network(s).

75

26

If requested, governing organizations will provide Vendor(s) with publicly available information as to entities in the Service Area that are candidates to enter into contracts for fiber or Network(s) services. Such potential end-users may include educational institutions, large/medium/small employers, and governments. An initial list of such entities and contact information for key personnel may be listed in the Schedules for each individual community. The agencies of government who have jurisdiction may each publicize the proposed Network offerings in the same manner as other private economic development announcements. 9. Proposal Content from Fully Managed Service Provider Solutions

The HBAC is looking for innovative solutions which may entail one or more Vendors collaborating to create a turn-key system that either involves:

• A solution provided by a service provider that would provide enhanced broadband service in either the City of Winnemucca Phase 1 and Phase 2 areas; the rural areas of Humboldt County or both

For fully managed, service provider owned solutions, proposals must include:

o Proposed service packages for business and residential customers including all monthly recurring and on-time installation costs

o Plans for maintenance of the network o Service level agreements for business and residential customers o Detailed plans for installation, provisioning, maintenance, support of business and

residential connections o Detailed plans for periodic upgrade of the network

The Network(s) rollout will be based upon demonstrated demand by community residents, institutions, governments and businesses, and the availability of necessary infrastructure. The Network(s) design and operation should preferably provide an open access framework that maximizes wholesale and retail service delivery and competition.

76

27

10. Glossary of Terms Humboldt Broadband Action Committee (HBAC)

An effort led by the Humboldt County Commissioners and the City of Winnemucca City Council with jurisdiction over areas of Humboldt County and supported by its citizens and business to bring faster, more reliable, higher value, scalable broadband service to Humboldt County, NV. HBAC includes affiliate organizations that have agreed to support the effort to bring enhanced broadband service to HBAC. The HBAC has no decision-making authority on its own but works with the governing organizations of Humboldt County to provide seamless coordination of efforts between these governing organizations. All decisions regarding formal agreements with proposed service providers are the responsibility of the governing organization(s) for the area of proposed service.

The goal of this effort is 3-fold: 1. Reach underserved areas of the county with more and better broadband

service. 2. Provide scalable broadband infrastructure within Humboldt County that will

allow private sector service providers to offer enhanced services to business and consumers within the high-density business corridors of the county and relatively high density residential corridors of the county. This includes Winnemucca, Imlay and other unincorporated areas.

3. Meet HBAC member administrative, public safety, public health and other area needs for scalable broadband service for at least the next 20 years

Affiliate A HBAC member that possess jurisdictional authority over a proposed service area. An affiliate with jurisdictional authority is the only formal body with the authority to enter into contractual agreements regarding service, subsidies, access to assets for its area of jurisdiction.

77

28

Advanced Network

A comprehensive approach to meeting the goals of 1. Better broadband access for the underserved areas of HBAC 2. Enhanced broadband access for key business/economic development

and high-density residential corridors 3. An efficient way to meet the broadband needs of government,

residents and businesses for the foreseeable future

Last mile solutions can be fiber, coax, mobile wireless or fixed wireless. Solution that provide 25 Mbps download/3 Mbps upload immediately and 50 Mbps symmetrical service by 2022. For last mile solutions in higher density areas the HBAC prefers fiber-based solutions.

Open Access

Humboldt County, and the City of Winnemucca with jurisdiction over proposed service areas prefer that the chosen vendor (s), if the vendors operate a wholesale network (sell access to other service providers), will have reasonable and non- discriminatory access arrangements that (i) ensure equivalence of price and non-price terms and conditions for all retail service providers and (ii) permit such providers to differentiate their product offerings. In addition, the Vendor(s) may not limit the ability of retail service providers or their customers to run applications, use services, and connect devices of their choice to the Network(s).

Service Area:

The HBAC service area includes Humboldt County and the following higher density areas (including The City of Winnemucca, and the unincorporated area of Imlay) and the outlying areas of Humboldt County, NV.

Vendor(s): Business entity or entities which respond to HBAC needs

78

29

Appendix A – Access to Assets

The Affiliate of jurisdiction will provide Vendor(s) with access to a common pool of the assets, services and infrastructure to the extent available and needed by the Vendor(s) for deployment of the Network(s). Infrastructure may include, but will not be limited to, conduit, fiber, poles, substations, rack space, nodes, buildings, facilities, central office or switch locations, available land, and other assets and services identified below. Ownership of any and all such assets used by the Vendor(s) shall remain with the owner unless provided for otherwise by contract. Any network elements added by the Vendor(s) shall belong to the Vendor(s) but may be purchased at the end of the term by the affiliate at reasonable, depreciated market value. If such network elements are not so purchased and are no longer in use, the Vendor(s) shall remove such elements at the affiliate’s request. The affiliate may also offer access to additional assets, services, and infrastructure at their discretion, this will be determined during the negotiation process with the vendor. The Affiliate may charge Vendor(s) as may be authorized or required by law for access to Affiliate assets and infrastructure as set forth herein or as otherwise may be required by law. If the response from the vendor indicates funds are required for the design, construction, engineering, project management of the aggregation network or last mile services, the Affiliate of jurisdiction, subject to applicable Nevada law, will consider provision of these funds. Appendix B: Fiber Construction Specifications The following are general terms that apply to the construction of fiber to the premise within the or in the area surrounding the cities or higher density unincorporated areas for routes to connect Humboldt County Government Offices or City of Winnemucca Government Offices. These build specifications apply to all new fiber builds contained in this RFP whether directly owned by the HBAC Affiliate, leased dark strands by the HBAC Affiliate or within the cities and unincorporated areas and owned by a vendor to serve the citizens, businesses and government.

Colocation Space Availability A HBAC Affiliate may decide lease rack or caged spaced at (interconnection address) to house electronics for traffic that will go upstream from the HBAC Affiliate Hub. Fiber construction/self-provisioning vendors should provide detailed information on access and cross-connect policies and arrangements for power and telephone service at (interconnection address).

Meet-me Hole and Mid-Span Interconnection Splicing It is possible that the HBAC Affiliate may want to interconnect with the existing or newly planned carrier facilities at meet-me manholes or mid- span splice locations. Vendors should detail policies and guidelines that document meet-me manhole and mid-span interconnection procedures along with detailed costs for these activities.

79

30

Dark Fiber Performance HBAC Affiliates prefer newly built fiber that contains a homogenous fiber type throughout the entire build. It is currently anticipated that fiber utilized for the self-provisioned fiber proposal will be G.652.D fiber. New Build Fiber Specification. If newly constructed fiber is part of any service offering, the HBAC Affiliates prefer the following fiber construction specifications/or more stringent ones be used: Project Management

- Selected contractor and its subcontractors will provide all project management to accomplish the installation of all project work as outlined in the Statement of Work.

- Provide engineer(s), certified on selected fiber system specifications and procedures to manage all phases of project as outlined in this proposal. This includes ordering and managing the bill of materials as outlined below, directing and managing cable placement and restoration, directing and managing splicing crews and providing detailed documentation at the end of the project.

- Selected contractor and its subcontractors will develop a project management plan, which will include a milestone chart. The milestone chart will outline any critical path events and then track these with the appropriate agency/organization whether; selected contractor, a selected contractor subcontractor or (Vendor name).

Material Management

- Selected contractor and its subcontractors will provide all material management to ensure that the project remains on track according to the project milestones.

- Selected contractor and its subcontractors will develop in conjunction with selected contractor plants and other suppliers a material management plan.

Property Restoration

- All cable routes, which are plowed, will be restored to as near to original condition as possible.

Install overhead and underground fiber optic cable

- Microtrenching could be acceptable in areas where digging activity in the common use right of way is minimal. Requests for microtrenching will be reviewed on a case by case basis by the City or County.

- Bore approximately 3 feet of fiber optic cable through inner

80

31

duct/conduit/hand hole system. - Plow approximately 3 feet of fiber optic cable in accordance with

selected contractor installation specifications. - Install customer approved hand-holes and place marker/locator posts. - Customer will provide entry/exit holes into buildings for routing cables

to distribution frames unless otherwise noted. - (Vendor name) will provide specific details of cable placement using

aerial photography and cad drawings. Install and Splice Hardware at Head Ends and in the Field

- Install optical hardware and splice field cable to equipment tail at head ends and splice tail to pre-stubbed hardware with SC pigtails.

- Prep closures, cables, fibers and splice fibers at all field locations. - Fiber to fiber fusion splicing of optical fibers at each point including

head ends. - Individual splice loss will be ≤ 0.10 dB for single-mode unless after 3

attempts these values cannot be achieved, then the fibers will be re-spliced until a splice loss within 0.05 dB of the lowest previous attempts is achieved. Splice loss acceptance testing will be based on the fusion splicer’s splice loss estimator.

Total Project Splices: (number) Final Testing

- In addition to splice loss testing, selected contractor will perform end-to-end insertion loss testing of single-mode fibers at 1310 nm and 1550 nm from one direction for each terminated fiber span in accordance with TIA/EIA-526-7 (OFSTP 7). For spans greater than 300 feet, each tested span must test to a value less than or equal to the value determined by calculating a link loss budget.

- Inspect each terminated single-mode fiber span for continuity and anomalies with an OTDR at 1550 nm from one direction in accordance with OTDR operating manual.

Documentation

- Provide final documentation consisting of: o Route “As-Built” Maps/Diagrams o End-to-End Insertion Loss Data o OTDR Traces o Individual Splice Loss Data

General Scope of Work (Description of all routes)

- Placing approximately (Number of Feet) of new (fiber count) SM cable to provide bored fiber connectivity in route that is used to provide

81

32

connectivity to (Vendor’s eligible facility). - Placing approximately (Number of Feet) of (fiber count) SM

underground cable along Wildlife Road from the route to Vendors Eligible Facility to reach (vendor eligible facility).

- Placing approximately (number of feet) of buried (fiber count) SM fiber from an existing handhold at (address) to vendor eligible facility.

- Placing approximately (number of feet) of buried (fiber count) SM fiber from an existing handhold at (address) to vendor eligible facility.

- Placing of associated hand holes, marker posts, locator posts, inner duct, and miscellaneous materials.

- Splicing of fiber optic cables as specified. - Procuring and Provisioning of hand holes and miscellaneous materials

required to accomplish the above. Bid Specifications

- All fiber will be bid separately by the Owner in addition to turn-key including fiber and construction.

- All splicing shall be by the fusion method. - All splicing enclosures and Hand Holes shall be of a type to be determined

by the owner. - All Hand Holes shall be NV DOT approved, 45,000 lb. load rated CDR or

comparable enclosures. - All plowed cables shall be placed at a depth of 36” along roadways and

24” on private property. - All road and driveway bores shall be at a depth of 36” and will have a 2”

inner duct placed within. - All buried splice locations will be marked with a locator post and a copper

ground wire shall be attached to the splice closure/cable sheath. - Buried marker posts shall be placed every 1500’. - A warning tape shall be placed 12” above the buried cable. - All highway shoulders, schoolyards, and ditch lines will be compacted and

restored to satisfactory condition. - All DOT encroachment permits, railroad encroachment permits, and

National Park Service permits shall be submitted by (Vendor) in accordance with the permitting agency requirements.

- The vendor shall be responsible for the payment of any permitting fees and shall be the owner of said facilities.

- Contractor shall furnish an as-built drawing to the owner. - Contractor shall perform an end-to-end continuity and loss test on each

spliced fiber segment and provide the owner with the db loss of each fiber segment.

- Contractor shall be responsible for submitting the appropriate ULOCO locate requests.

- The vendor, the (Vendor) of (name) and the municipalities of (name) and 82

33

(name) shall grant contractor right of way permission for municipal-owned properties and roadways.

- All cables to buildings shall be fusion spliced within a minimum of 50’ of entering a building at a location to be determined by the owner with an existing single mode fiber and terminated at customers rack.

- A minimum of 100’ coil of cable shall be left in each Hand Hole/Building for splicing use.

- The (Vendor) shall provide the contractor with secured space to store materials and equipment if needed.

Right-of-Way Acquisition & Permitting

- Vendor is responsible to ensure that all cable routes have approved access & rights-of-way for all proposed cables installations.

- Vendor will provide any information or points of contact to allow selected contractor and its subcontractors to facilitate the route prep “Make-ready” and actual cable installation.

- Vendor is responsible for pulling all required construction permits. Selected contractor and its subcontractors will provide officials at (Vendor) with any information necessary to pull these permits in a timely fashion.

Route Maps

- Vendor is responsible for providing; maps, drawings or aerial photographs of the route.

Termination and Splicing locations

- Vendor will in conjunction with selected contractor designate/decide on all termination locations, whether in-building, outside plant or in customer premises. This will include all hand-hole or manhole locations

- Vendor will in conjunction with selected contractor designate/decide on all field splice locations, in-building splice locations (if applicable), or other splice locations necessary to connect the network.

Cable and Hardware Approval

- Vendor will approve all cable and hardware prior to ordering or installation. Selected contractor will provide any required consultation to assist vendor in this effort.

- Vendor will approve all hand-hole or building entrance hardware prior to ordering or installation. Selected contractor will provide any required consultation to assist vendor in this effort.

Material Delivery, Receipt & Storage

- Vendor will provide warehouse or yard space to accommodate all materials provided by selected contractor to accomplish this project.

83

34

Vendor will inspect, receive and issue any materials to provide accountability. This will reduce the overall cost to the vendor with no added costs to the proposal to cover the receipt and storage.

Final Inspection

- Vendor will provide at their discretion a person(s) to witness any final testing or construction verification. The person designated by Vendor will be required to initial/provide acceptance of any results. This person(s) will represent Vendor during any and all acceptance testing. This does not relieve the selected contractor from providing agreed upon documentation or absolve the selected contractor of any warranty support.

Communications

- Vendor is responsible for all communications with its customers or other interested parties concerning the proposed construction. Notification of any person(s) affected by this construction is the responsibility of Vendor. Selected contractor will work directly with any persons designated to handle project communications to facilitate awareness and reduce turmoil in the Vendor. Selected contractor will provide consultation to assist in the development of a communications plan as required.

Appendix D: Tower Locations Tower Locations Map Tower Locations List:

Owner/Switch Code Address Lat/Long CommNet of Nevada Humboldt County, Denio, NV 41.848167, -118.591417 Buckaroo Broadcasting 5130 Weikel Dr., Winnemucca, NV 40.964833, -117.714944 WWC License LLC (Verizon)

Ne1/4 NE 1/4 Section 27, Township 39 N, Range 42 E, Winnemucca, NV

41.227944, -117.225389

WWC License LLC (Verizon)

.55 Miles East of I-80, Winnemucca, NV 40.274194 , -118.352750

CommNet of Nevada County of Humboldt, Winnemucca, NV 41.474306, -118.057500 CommNet of Nevada Winnemucca Mt Top- 4miles NW Of

Winnemucca, Winnemucca, NV 41.010278, -117.764361

CommNet of Nevada Paiute Trail, Winnemucca, NV 41.299583, -117.662861 WWC License LLC (Verizon)

SW 1/4 SE 1/4 Section 6, Township 43 N, Range 38 E, Orovada, NV

41.632111, -117.741806

WWC License LLC (Verizon)

710 Pioneer Rd., Mcdermitt, NV 41.992806 , -117.699833

84

35

MCDRNV11RS1 131 US 95, McDermitt, NV 89421 41.995305, -117.718828 ORVDNVXADS0 West Kings River Road, Orovada, NV

89425 41.56953, -117.85765

PRVYNV11RS3 120 Bridge Street, Paradise Valley, NV 89426

41.49232, -117.53281

WNMCNV01DS3 102 E RAILROAD ST, WINNEMUCCA, NV 89445

40.97230, -117.73056

Appendix E: Local Service Providers

Company Contact Address Phone and E-mail

PC Internet Harold Gudmundsen 332 S Bridge St, Winnemucca, NV 89445

775.304.4003 Cell Harold@pcinv.com

5D Networks Jeffrey Sealy 566 Hanson St Winnemucca, Nevada 89445

775.623.9434

Zito Media Scott Neff Vice President of Network and Business Development Zito Business

Ph: 814-260-0472 E-mail: scott.neff@zitomedia.com

85

86

87