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

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1 Humboldt County Board Of Commissioners January 22, 2019 Page 1 Notice of Public Meeting HUMBOLDT COUNTY BOARD OF COMMISSIONERS Humboldt County Board of Commissioners Regular Meeting Tuesday, January 22, :30 AM: Humboldt County Courthouse Meeting Room West Fifth Street, Winnemucca, Nevada All times on this agenda are approximate. Consideration of items may require more or less time than is scheduled. Items on the agenda may be taken out of order; the public body may combine two or more agenda items for consideration; and the public body may remove an item from the agenda or delay discussion relating to an item on the agenda at any time. Public comment is designated for discussion only. The public has the opportunity to address the Commission on any matter not appearing on the agenda; however, no action may be taken on Matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. Additionally, public comment may be heard on any item listed on the Agenda. Persons are invited to submit comments in writing and/or attend and make comments on any agenda item at the Commission meeting. All public comment may be limited to three (3) minutes per person, at the discretion of the Commission. Agenda - Tuesday, January 22, CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENT - General public comment is designated for discussion only. The public has the opportunity to address the Commission on any matter not appearing on this agenda; however, no action may be taken on a matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. 4. APPROVAL OF MINUTES (FOR POSSIBLE ACTION) - Discussion and action on correction/approval of minutes for February 1, 2016; March 28-29, 2016; April 18, 2016; May 2, 2016; August 15, 2016; October 3, 2016; October 17, 2016: October 27, 2016 (Special-Liquor License); November 15, 2016: November 28, 2016; December 12, 2016 (Joint); January 3, 2017; January 17, 2017 (Joint); January 30, 2017 (Retreat); 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); August 21, 2017; September 18, 2017; October 9, 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; June 18, 2018; July 2, 2018; July 16, 1

2 Humboldt County Board Of Commissioners January 22, 2019 Page : August 6, 2018; August 20, 2018; September 4, 2018; September 17, 2018; October 1, 2018 and October 15, Discussion and Possible Action. 4.A. APPROVAL OF MINUTES (FOR POSSIBLE ACTION) 5. APPROVAL OF EXPENDITURES FOR HUMBOLDT COUNTY FOR JANUARY 4, 2019 THROUGH JANUARY 18, 2019 (FOR POSSIBLE ACTION) 5.A. Expenditures 6. MISCELLANEOUS REPORTS AND CORRESPONDENCE - 1)Other information and upcoming meetings January 28, 2019 Humboldt County Commission Retreat (Courthouse) February 4, 2019 Humboldt County Commission Meeting February 11, 2019 Regional Airport Board Meeting February 14, 2019 Regional Planning Commission February 19, 2019 Humboldt County Commission 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), Winnemucca Visitors & Convention Authority (WCVA), Hospital Board, Humboldt Foundation, Northeastern Nevada Regional Development District (NNRDA), Humboldt County Elk Planning Steering Committee, Paradise Conservation District and the State Land Use Planning Advisory Council (SLUPAC). 7. CONSENT AGENDA (ANY ITEM APPEARING ON THE CONSENT AGENDA CAN BE PULLED DOWN AND DISCUSSED IN DETAIL)(FOR POSSIBLE ACTION) - A)Appointment of Joe Dendary to Local Emergency Planning Committee (LEPC) - Fire Chief Representative B)Debt Management Commission: 1)The appointment of the public-at-large members of the Humboldt County Debt Management Commission to two-year terms as required in odd-numbered years by NRS (7). Two-year term to expire December 31, Members seeking re-appointment are Dave Roden, Kent Mowry and Joyce Sheen. (Discussion and possible action) 7.A. Consent 8. TREASURER: DESIGNATION OF UNCOLLECTIBLE ACCOUNTS (FOR POSSIBLE ACTION) - A)Consideration, discussion and possible approval of petitions to designate taxes on certain personal property as uncollectible, including the following: 2

3 Humboldt County Board Of Commissioners January 22, 2019 Page 3 1)Personal Property Account #: EQ 581 Property Location: 1205 E. Winnemucca Blvd. Billed To: Drake s Restoration Randy Drake Total Amount Uncollectible: $ Tax Year: )Personal Property Account #: FR 200 Property Location: Unknown Billed To: Miller DB & D LLC Total Amount Uncollectible: $1, Tax Year: )Personal Property Account #: MH 1026 Property Location: 4200 Maslona Dr. #83 Billed To: James & Joanne Geigner Total Amount Uncollectible: $ Tax Year: )Personal Property Account #: MS 52 Property Location: 4655 Mary Way Billed To: Josephine Powell Total Amount Uncollectible: $35.24 Tax Year: As the tax receiver for Humboldt County, Nevada I respectfully petition the board of county commissioners to designate the above taxes on personal property as uncollectible. All appropriate collection procedures have been followed and have proved unsuccessful and have been delinquent for 3 years or more as designated by NRS Discussion and possible action. 8.A. Uncollectibles EQ 581.pdf FR 200.pdf MH 1026.pdf MS 52.pdf 9. COMMUNICATIONS: 911 BACKUP SERVICE CONSIDERATION (FOR POSSIBLE ACTION) - Consideration, discussion and possible action regarding a proposal from Giga City to add a second internet access line to act as a redundant (backup) internet access for 911 Dispatch services. Currently, the county has a single access point through AT&T, which has been compromised on numerous occasions, greatly reducing capabilities during those outages. The additional line cost will not exceed $8,500 per year. Discussion and possible action. 9.A. 911 Backup Sky Fiber Backup Proposal.pdf 250mbps DIA at Switch pdf Cost Breakdown for Backup Internet.pdf 3

4 Humboldt County Board Of Commissioners January 22, 2019 Page BUILDINGS & GROUNDS - DISPOSAL OF NON BENEFICIAL EQUIPMENT (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval for the Humboldt County Manager's office to discard surplus equipment, including but not limited to office furniture, HVAC units and accessories, and lighting standards that have accumulated over the past thirty years and request for a determination by the Board that said personal property is no longer required for public use and that such action is desirable and is in the best interest of the County in accordance with NRS Chapter 332. The County Manager's office made a number of inquiries into potential auction firms to assess the value and benefit to conduct a public auction and it was determined that there was no value in the items in storage. Motion to approve a Resolution pursuant to NRS to make surplus equipment available to other government agencies, local service organizations, the general public or to dispose of contents at the Humboldt County Regional Landfill. Discussion and Possible Action. 10.A. RESOLUTION FOR DISPOSAL Resolution-Disposal of Equipment NRS 332.pdf 11. APPROVAL OF CONTRACT FOR LEGAL SERVICES WITH SCHROEDER LAW OFFICES, PC (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval of a contract for legal services between Humboldt County, by and through the County Commission, and Schroeder Law Office, PC, and its agents and employees, in the matter of assistance regarding review and amendment to Humboldt County's current water policy and/or plan(s) and possible tools for implementation of said policy and/or plan through ordinances (if any) or otherwise. Discussion and possible action. 11.A. Legal Services UNION TOWNSHIP-HUMBOLDT COUNTY AGREEMENT.pdf 12. PUBLIC WORKS DEPARTMENT: GENERAL ROAD PROJECTS (FOR INFORMATION ONLY) - A presentation by Humboldt County Public Works Director Ben Garrett to update the Board on Road projects within Humboldt County, however, no action may be taken on a matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. 13. ADMINISTRATOR: WAIVER OF COUNTY ATTRITION POLICY FOR PUBLIC WORKS DIRECTOR POSITION (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval to waive the attrition policy for the position of Public Works Director. Discussion and possible action. 13.A. Waiver of Attrition Policy 14. APPROVAL OF NEW SUMMIT ENGINEERING AGREEMENT AS PART OF PUBLIC SAFETY COMMUNICATIONS PROJECT (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval of an agreement between Humboldt County and Summit Engineering to provide materials, testing, inspection and services for the McDermitt, Saipan Peak, Eagle Creek and Golconda Towers as part of the Public Safety Communications Project for the build-out of county tower systems over the next three years in an amount not to exceed $45,000. Discussion and possible action. 14.A. APPROVAL OF NEW SUMMIT AGREEMENT Humboldt - SUMMIT Testing Agreement - FINAL pdf 4

5 Humboldt County Board Of Commissioners January 22, 2019 Page BOARD OF COMMISSIONERS RETREAT PLANNING (FOR POSSIBLE ACTION) - Consideration, discussion and possible approval of the final agenda for the annual Commissioners retreat to include topics for the Commission to discuss including, but not limited to: A) Public Safety/Communications update, Winnemucca Mountain, Rose Creek, Sports Complex, Future Sites B) Water Plan C) Sheriff's Annual Report D) Library Annual Report E) District Court Annual Report F) Comptroller Report G) ADS Conversion Report H) IT Upgrade Project I) HR Annual Report J) Fire Management/Fuels Management (New RFPA forming in Northern HuCo and southern Oregon) K) Budget for FY 2019 L) Building Reserve Fund M) Compensated Absences Fund N) Enterprise Fleet Management/Printer Management Plan Overview O) Star City Water Acquisition P) Legislative Update - Expectations Q) Senior Center Transportation Grant R) Public Works Department Annual Report (Including all GID's) S) Goals and Objectives Determination for FY 2019 T) Justice Court Annual Report U) Land Use Projects (RS 2477/Land Use Plan/Water Plan) V) Grants Coordinator Position W) Insurance Committee Update/Report Discussion and possible action. 16. FUTURE AGENDA ITEMS 17. PUBLIC COMMENT: - Public Comments: General public comment is designated for discussion only. The public has the opportunity to address the Commission on any matter not appearing on this agenda; however, no action may be taken on a matter raised until the matter itself has been specifically included on the agenda as an item upon which action may be taken. 18. ADJOURNMENT 5

6 Humboldt County Board Of Commissioners January 22, 2019 Page 6 NOTICE: The County Com m ission m ay close the m eeting to receive inform ation from legal counsel pursuant to Nevada Revised Statutes 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: at A.M. By : State of Nev ada Website: A.M. By : MEETING DATE: January 22, 2019 POSTED BY: DATE POSTED: Karen Bannister, Administrativ e Assistant NOTE FOR SUPPORTING MATERIAL: A copy of the supporting material f or the meeting may be obtained at Commissioner meeting/agendas on the Humboldt County website: or by contacting Dav e Mendiola, County Administrator, at 50 W. Fif th Street, Winnemucca, Nev ada 89445, (775) 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 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 or serv 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, the USDA, 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 a public 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 bases apply 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) should Contact the responsible Agency or USDA s TARGET Center at (202) (v oice and TTY) or contact USDA through the Federal Relay Serv ice at (800) 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 /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 requested in the f orm. To request a copy of the complaint f orm, call (866) 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 ; (2) f ax: (202) : or (3) program.intake@usda.gov USDA is an equal opportunity prov ider, employ er, and lender. 6

7 Agenda Item No:4.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Karen Bannister Submitting Department: County Clerk Item Type: Minutes Agenda Section: Subject: APPROVAL OF MINUTES (FOR POSSIBLE ACTION) Suggested Action: Attachments: 7

8 Agenda Item No:5.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Dave Mendiola Submitting Department: Item Type: Administrator s Report Agenda Section: Subject: Expenditures Suggested Action: Attachments: 8

9 Agenda Item No:7.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Dave Mendiola Submitting Department: Item Type: Administrator s Report Agenda Section: Subject: Consent Suggested Action: Attachments: 9

10 Agenda Item No:8.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Dave Mendiola Submitting Department: Item Type: Treasurer's Report Agenda Section: Subject: Uncollectibles Suggested Action: Attachments: EQ 581.pdf FR 200.pdf MH 1026.pdf MS 52.pdf 10

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15 Agenda Item No:9.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Dave Mendiola Submitting Department: Item Type: Administrator s Report Agenda Section: Subject: 911 Backup Suggested Action: Attachments: Sky Fiber Backup Proposal.pdf 250mbps DIA at Switch pdf Cost Breakdown for Backup Internet.pdf 15

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19 RX3 Communcations, Inc. An SBA HUBZone Certified Company DUNS: CAGE: 5NP ID (SPIN): Delucchi Lane, Ste. 206 Reno, NV Customer Proposal 36 Month Term RX3 Sales Agent: Spence Wharton Phone: , Ext. 13 Quote Number: Humboldt Communications Quoted Date: 10/31/2018 Carrier: Level3/CenturyLink Bill To: Attn: Address: Phone: Humboldt County Ric Grantham 795 Fairgrounds Way Winnemucca, NV Site Name Site Address Service Type Band width Monthly Recurring Cost* Switch Data Center 1 Superloop Circle, McCarran NV Internet 250mbps $1, *Monthly Recurring Cost does not include applicable taxes, fees or surcharges. Circuit landing at: Section 08.TSF08C Row: 01 CAB: 04 19

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21 Agenda Item No:10.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Karen Bannister Submitting Department: Administration Item Type: Resolution Agenda Section: Subject: RESOLUTION FOR DISPOSAL Suggested Action: Attachments: Resolution-Disposal of Equipment NRS 332.pdf 21

22 SUMMARY: RESOLUTION PROCLAIMING SURPLUS EQUIPMENT NON-BENEFICIAL AND CALLING FOR DISPOSAL OF SURPLUS EXCESS EQUIPMENT PER NRS CHAPTER 332. RESOLUTION NO: WHEREAS, under the under Nevada Revised Statute (NRS) 332, a government entity can declare excess equipment non-beneficial for use by the entity; and WHEREAS, Humboldt County has been storing used and inoperable equipment, including but not limited to office furniture, HVAC units and accessories, and lighting standards that have accumulated over the past thirty years and is requesting a determination by the Board that said personal property is no longer required for public use and that such action is desirable and is in the best interest of the County in accordance with NRS Chapter 332. and WHEREAS, The County Manager's office made a number of inquiries into potential auction firms to assess the value and benefit to conduct a public auction and it was determined that there was no value in the items in storage; and WHEREAS, it is the desire of the Humboldt County Commission pursuant to NRS to make surplus equipment available to other government agencies, local service organizations, the general public or to dispose of contents at the Humboldt County Regional Landfill; and NOW, THEREFORE, BE IT RESOLVED, that the Humboldt County Board of Commissioners, do hereby approve of the disposal of said personal property that has been determined is no longer required for public use and that such action is desirable and in the best interest of the County in accordance with NRS Chapter 332. ADOPTED this 22nd day of January, 2019 By: THE BOARD OF COUNTY COMMISSIONERS OF HUMBOLDT COUNTY Jim French, Chairman ATTEST: Tami Rae Spero, County Clerk 22

23 Agenda Item No:11.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Dave Mendiola Submitting Department: Item Type: Administrator s Report Agenda Section: Subject: Legal Services Suggested Action: Attachments: UNION TOWNSHIP-HUMBOLDT COUNTY AGREEMENT.pdf 23

24 CONTRACT for LEGAL SERVICES Parties, Scope: This agreement is made between Humboldt County, hereafter referred to as "Client," and Schroeder Law Offices, PC, and its agents and employees, hereafter referred to as "Schroeder" or "Attorney." Client hereby retains Schroeder to represent Client in the matter of assistance regarding review and amendment to the Client's current water policy and/or plan(s) and possible tools for implementation of said policy and/or plan through ordinances (if any) or otherwise. Legal Fees: Client will pay Schroeder and its agents and employees according to the hourly fee schedule set out below. Hourly Fee Schedule Shareholders/Partners $ to $ Attorneys $ to $ Paralegals or Law Clerks... $70.00 to $ Project Assistants $50.00 to $ Travel Rate $ to $ Schroeder will begin work on Client's case upon receipt of Client's signature on this contract and payment of any required retainer or other specified amount. This agreement may be modified in writing only if signed by both Client and Attorney. Retention of Attorney and Delegation of Services: Please note that "Attorneys" includes attorneys on contract with Schroeder, who are not necessarily employees of Schroeder, but whose work is supervised by a Schroeder Law Offices, P.C. Shareholder ("Shareholder"). Billing for contract Attorneys is incorporated into Schroeder's invoices at the rates stated above. A Shareholder will supervise all work on this matter, although other members of the firm may assist from time to time. Wherever possible, the Shareholder will delegate tasks that can be performed by other personnel at lower hourly rates commensurate with their experience and abilities, subject to appropriate supervision. Costs and Expenses: In addition to attorney fees, Client shall pay all costs and expenses incurred by Attorney including, but not limited to, filing fees, service fees, court reporter fees for deposition and hearings, trial court fees, photocopying costs, long distance telephone calls, messenger and other delivery fees, excessive postage, witness fees, consultants' fees, expert witness fees, mileage Schroeder Law Offices, PC 1/9/2019 1:32PM Contract for Legal Services Page 1 24 {P ; lmk I

25 fees, and other necessary court and office costs. Client authorizes Attorney to incur all reasonable costs and to hire any consultants or expert witnesses reasonably necessary in Attorney's judgment. From time to time at Attorney's request Client shall make such expense payments directly to a third party, especially if the amount is large. Client shall also pay certain office services such as computer charges for legal research, employee overtime and other costs that Attorney incurs as a direct result of representing Client. Invoices and Acceptance of Charges: Schroeder will send Client periodic invoices indicating attorney's fees and costs incurred. Client agrees to pay each of Attorney's invoices when due. Accounts more than 30 days in arrears are charged interest at 9% per annum. Invoices will be deemed to be accepted and affirmed by Client unless objected to in writing within 10 days of the date of the invoice by sending an , facsimile or letter to the Firm Administrator noting the objectionable items. The Firm Administrator will try to resolve any billing objections prior to the close of the billing cycle in which the objection is made. Lien: At any time Client's account is in arrears Attorney may place an attorney lien on Client's file pending complete resolution of the outstanding amount. The lien allows Attorney to retain Client's papers and documents in Attorney's possession until the debt has been paid. During the course of representation, Attorney agrees to provide client copies of Client's file as it is created; thus any lien is for a second copy of the client file. Award of Attorney Fees: Any attorney's fees obtained by Attorney through court order in this case shall be credited to Client after payment of any fees and costs due Attorney. If a fee is agreed upon or awarded that is larger than the amount paid and owed then after all credits and reimbursements to Client the remainder shall go to Attorney as part of attorney's reasonable fee. However, Client is responsible for paying any attorney's fees and expense owed to Attorney, even if there is a judgment outstanding for such fees. Client File: Attorney may elect not to save to Client's file or provide copies of personal notes, drafts, and other incomplete work product. Copies of file: Client will receive electronically, via or facsimile, client copies of all documents that are prepared or received by Attorney during Attorney's representation. Client agrees to read all Schroeder Law Offices, PC 1/9/2019 1:32PM Contract for Legal Services Page 2 25 jp ; LMK I

26 documents given to Client by Attorney. These client copies comprise Client's file. At the conclusion of Attorney's work, Client will not be entitled to another copy of Client's file unless Client pays for the copy including staff time and copy charges. Document Retention: Attorney holds no original Client documents. All original Client documents provided to Attorney are promptly processed to Client's electronic file and returned to Client as soon as possible. Attorney will retain a copy of Client's file in electronic form for a period of seven (7) years from the date of this agreement after which it may be destroyed. Client will not receive further notice prior to the destruction of these files. I Electronic Communication: Attorney prefers sending client copies and billings electronically wherever possible. If Client elects to receive client copies and billings by regular mail Client may be charged for this service. If Attorney is representing Client on a personal matter, Attorney recommends that Client provide a personal address, not a work related address. This is the best way to preserve the attorney client privilege. Attorney recommends that Client does not read, download, or respond to attorney-client while at work. The safest course of action is for Client to use Client's own computer or device, not an employer's computer equipment, to access personal - even if Client is looking at a personal account stored in the cloud. Check one: Address, or Fax Number Discharge of Attorney: Client shall at all times have the right to terminate Attorney's services upon written notice effective when received by Attorney. Unless specifically agreed by Attorney and Client, Attorney will provide no further services and advance no further costs on Client's behalf after receipt of such notice unless Attorney is required by ethical or legal reasons to continue representing Client. If Attorney is required to continue in representation Client will be liable for any fees and costs incurred. Withdrawal of Attorney: Attorney shall at all times have the right to terminate representation of Client upon written notice if Client does not pay Attorney's fees and costs as billed or replenish any retainer required, if Attorney determines that continued representation of Client would be unethical or inappropriate, Schroeder Law Offices, PC 119/2019 I :32 PM Contract for Legal Services Page 3 26 { P ; LM K }

27 or if Attorney has another basis for termination consistent with Attorney's professional duties to Client. Should Client fail to follow Attorney's instruction, misrepresent or fail to disclose material facts, fail to pay Client's account in full within 30 days of billing, or fail to maintain the balance of Client's trust account as agreed, Attorney is authorized to suspend performing services and promptly move to withdraw as Client's counsel, to file for fee arbitration, to file suit, and to take such other steps as Attorney deems appropriate to collect the balance. Client will execute any documents necessary to allow Attorney to withdraw at that point. Client further agrees to be responsible for any costs of collection incurred by Attorney, including reasonable attorney's fees. Tax Advice and Disclaimer of Guarantee: No advice is given regarding tax consequences. Client agrees to seek tax advice elsewhere and to hold Attorney harmless therefrom. No guarantees have been made to Client by Attorney. Specifically, no guarantees have been made about the outcome of any representation on Client's behalf or the total fees and expenses. Any expressions relative thereto are only opinions. THIS AREA INTENTIONALLY LEFT BLANK Schroeder Law Offices, PC 1/9/2019 1:32PM Contract for Legal Services Page4 27 IP ; LMK j

28 Nevada Mandatory Binding Arbitration Authorization: I hereby agree that any dispute about the fees and costs charged by my attorney under this Agreement will be submitted to binding arbitration under the rules of State Bar of Nevada Fee Dispute Arbitration Services, and that judgment may be entered on any award. The sole issues to be decided in the arbitration are the amount of fees and costs owed to my attorney or to be refunded by my attorney to me. ~ ~~ (Print Name) of, (address) (Print Address) do hereby acknowledge that I have read this arbitration agreement and affirmatively agree to and give this specific authorization to submit to arbitration any Fee Dispute arising between the parties to this Agreement, as provided for in the above paragraph and that I am bound to the same. Signed:, this_ day of ~ (Signature) The undersigned has read the foregoing Legal Services Agreement and understands its terms and those set forth in the attached Addendum, and agrees to be liable, jointly and severally, for all obligations under this agreement. Signature by facsimile or on this agreement will constitute Client's original signature and Client's acceptance of the terms of this Agreement. The terms of this contract are valid only if signed and received by Schroeder Law Offices, P.C. by February 8, \ ( q /2-0 \ "\ Date For Schroeder Law Offices, PC Laura A. Schroeder; Therese A. Ure; Sarah R. Liljefelt; V. Scott Borison Date Humboldt County Dave Mendiola, County Manager Schroeder Law Offices, PC 1/9/2019 1:32PM Contract for Legal Services Page 5 28 j P ; LMK f

29 ADDENDUM Invoices and Billing: Amounts listed in the above hourly fee schedule may be increased without notice by an amount not to exceed 1 0% at any time after the anniversary date of this contract and may be increased in like amount no more frequently than annually thereafter. Schroeder's fees are based on the time spent by its staff in performing legal services including telephone calls, s, conferences, travel, court appearances, research and investigation and preparing letters, pleadings, briefs, agreements and other documents. Services are billed for time spent in multiples of 6 minute increments, or 0.1 hours, with a minimum charge of 0.2 hours billed per item related to any client matter. Services rendered in connection with this matter prior to Client signing this contract are subject to the terms of this contract. Personnel move over time to the next higher level and Attorney may judge that their work has improved to a degree justifying an adjustment in their hourly rate within the ranges specified by the table above. Accordingly, hourly rates for individuals may be changed within their applicable range without further notice. The rate within the specified range established by this agreement charged for any individual timekeeper is reflected in Attorney's monthly billing statement next to the initials of that individual timekeeper. Proposals from Client, or Client's representative, for a change in rate(s), generic fee reduction, or professional or courtesy discounts may be approved only by the management committee. Individual attorneys including a Shareholder or the Firm Administrator are not authorized as agents for the firm to accept any proposal for such adjustments without the management committee's authority which will only be given after the management committee has reviewed and approved the proposal. Certain items on Client's invoice may be designated "no charge," or credit may be given for certain work. Attorney has the discretion to reverse any credit items or "no charge" designations until the invoice is paid. Fee Arbitration: NEVADA State Bar ofnevada Fee Dispute Arbitration Services Please see the Nevada Mandatory Binding Arbitration Statement on page 5. Schroeder Law Offices, PC 1/9/2019 1:32PM Contract for Legal Services Page 6 29 [P ; LMK I

30 New Client Information TODAY'S DATE _ "We do EVERYTHING Water!" Name Other Contact Person Home Street Address City/State Zip Mailing Address City/State Zip Telephone: Home Work Fax Other Phone Address _ Company N arne or Employer Client's Birthday ADVERSE PARTIES: Name(s): PARTIES of INTEREST Name(s): OTHER INFORMATION I prefer to communicate by Telephone ( ) ( ) or Correspondence ( ) Schroeder Law Offices, PC 1/9/2019 1:32PM Contract for Legal Services Page 7 30 {P ; 0500_50 LMK}

31 Agenda Item No:13.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Dave Mendiola Submitting Department: Item Type: Administrator s Report Agenda Section: Subject: Waiver of Attrition Policy Suggested Action: Attachments: 31

32 Agenda Item No:14.A Humboldt County Board of Commissioners Agenda Item Report Meeting Date: January 22, 2019 Submitted by: Karen Bannister Submitting Department: Administration Item Type: Agreement Agenda Section: Subject: APPROVAL OF NEW SUMMIT AGREEMENT Suggested Action: Attachments: Humboldt - SUMMIT Testing Agreement - FINAL pdf 32

33 SUMMIT Engineering Corporation 5405 Mae Anne Avenue Reno, NV AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES This AGREEMENT is entered into this twenty second (22 nd ) day of January, 2019 between SUMMIT Engineering Corporation in Reno, NV ( SUMMIT ) and Humboldt County, Nevada ( CLIENT ), by and through the Board of Commissioners. RECITALS This AGREEMENT is predicated on the following facts: A. CLIENT requires certain special geotechnical engineering consulting services. B. SUMMIT is qualified to provide these services and is willing to provide them according to the terms of this AGREEMENT. NOW THEREFORE the parties agree as follows: 1. Duties of SUMMIT a. SUMMIT agrees to perform services as outlined in the section SCOPE OF WORK attached and incorporated as Exhibit A: SUMMIT Revised Proposal for Materials Testing and IBC 1704 Inspection Services for the McDermitt, Saipan Peak, Eagle Creek and Golconda Tower Sites, Humboldt County, Nevada dated January 2, 2019 (P.R. No 5186B). SUMMIT agrees to perform these services diligently in accordance with the standards of its profession and to CLIENT s satisfaction. Exhibit A is incorporated herein by reference. b. In addition to the services described above, the parties may from time to time agree in writing that SUMMIT shall perform such additional services as may be mutually agreed to for additional compensation. c. Services provided by SUMMIT will be conducted in a manner consistent with that level of care and skill ordinarily expected by members of the profession currently practicing in this area under similar conditions. SUMMIT shall be responsible for the professional quality and technical accuracy of all services furnished by SUMMIT. 2. Time of Performance The services of SUMMIT are to begin upon execution of this AGREEMENT and shall continue until all authorized work, including any additional work requested by CLIENT in connection with the project is completed by SUMMIT and delivered to CLIENT. All authorized work shall be completed according to a Page 1 of 11 33

34 3. Compensation schedule mutually agreed to by SUMMIT and CLIENT, taking into account deadlines expressed by CLIENT and existing obligations of SUMMIT as well as situations over which each party has no control. Any performance deadlines shall be tolled during such time that materials, data, or documentation required by and requested by SUMMIT have not been furnished to SUMMIT. a. CLIENT agrees to pay SUMMIT s hourly rates as described in Exhibit B: 2019 Schedule of Fees for all services performed under this AGREEMENT as described in Exhibit A. b. SUMMIT may bill CLIENT for work done in the preceding month on a monthly basis. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates in accordance with the rates described in Exhibit B, a total amount due for the period. In addition, SUMMIT shall describe work that was completed during the monthly billing period. c. Travel and other reimbursable expenses incurred by SUMMIT in the performance of this project will be reimbursed by CLIENT upon submission (with receipts for expenses in excess of $20) in accordance with the provisions set forth in Exhibit B and subparagraph (b). d. Each monthly bill shall be paid within 30 days of presentment. e. Maximum Amount. Notwithstanding subparagraphs (b) and (c), the maximum payments under this AGREEMENT shall be a total of Forty-Five Thousand Dollars and 00/100s ($45,000) for professional services provided, however, that such amounts shall not be construed as guaranteed sums, and compensation shall be based upon services actually rendered and reimbursable expenses actually incurred. f. The parties shall agree in writing to any changes in compensation due to changes in SUMMIT s services under Section 1(a) of this AGREEMENT. 4. SUMMIT s Status Independent Contractor The parties agree that SUMMIT is an independent contractor and this AGREEMENT is entered into in conformance with the provisions of NRS Chapter 332. The parties agree that SUMMIT is not an employee of CLIENT and there shall be no a. Withholding of income taxes by CLIENT; b. Industrial insurance provided by CLIENT; c. Participation in group insurance plans which may be available to employees of CLIENT; Page 2 of 11 34

35 d. Participation or contributions by either the independent contractor or CLIENT to any public employees retirement system; e. Accumulation of vacation leave or sick leave; or f. Unemployment compensation coverage provided by CLIENT if the requirements of NRS are met. 5. Conflict of Interest 6. Ownership of Work Further, it is agreed that SUMMIT is solely responsible for its acts. Neither SUMMIT nor its agents, servants, and employees are CLIENT s agents, employees, or representatives for any purpose. SUMMIT understands that its professional responsibility is solely to CLIENT. SUMMIT warrants that it presently has no interest and will not during the pendency of this AGREEMENT acquire any direct or indirect interest that would conflict with its performance of this AGREEMENT. SUMMIT shall not employ a person having such a conflicting interest in the performance of this AGREEMENT. All documents furnished to SUMMIT by CLIENT and all reports or work products described in Exhibit A prepared by SUMMIT under this AGREEMENT are CLIENT s property upon payment for services rendered and shall be given to CLIENT at the completion of SUMMIT s services or within ten (10) days of any written request by CLIENT. 7. Assignment and Subcontracts 8. Insurance SUMMIT s services are considered unique and personal. SUMMIT will not assign or transfer this interest or obligation under this AGREEMENT without CLIENT s written consent. SUMMIT shall not subcontract its duties under this AGREEMENT without CLIENT s written consent. This agreement is binding on the heirs, successors, and assigns of the parties hereto. SUMMIT, at its own expense, shall maintain for the duration of this AGREEMENT, the following insurance coverage. SUMMIT shall maintain during the terms of this AGREEMENT and for six (6) years after the completion of all duties and responsibilities under the terms of this AGREEMENT, errors and omissions insurance, with each subsequent renewal having a retroactive date which predates the date of this agreement, in the amount of not less than $1,000,000. As evidence of such insurance, CLIENT will accept certification of insurance issued by an authorized representative of the insurance carrier. Coverage must be provided by an insurance Page 3 of 11 35

36 company licensed to do business within the State of Nevada with an A.M. Best Rating cancellation to the certificate holder. SUMMIT shall maintain during the term of this agreement: a. General comprehensive and engineers errors and omissions insurance. b. Workers Compensation in the minimum statutorily required coverage amounts in accordance with Nevada law. c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $2,000,000 combined single limit, including coverage for: (i.) bodily injury, (ii.) personal injury, (iii.) broad form property damage, (iv.) contractual liability, and (v.) cross-liability. All insurance shall cover SUMMIT, its agents, representatives, employees and subcontractors in connection with the performance of this AGREEMENT. In addition, SUMMIT shall require each subcontractor approved by CLIENT to similarly maintain Workers Compensation Insurance and employer s liability insurance for all subcontractors employees. SUMMIT will provide proof of insurance to CLIENT within thirty (30) days of signing this AGREEMENT. 9. Indemnification and Limited Liability CLIENT shall defend, indemnify and hold SUMMIT harmless from all claims, damages, costs or expenses that may arise as a consequence of CLIENT s action or inaction on SUMMIT s recommendations and findings in connection with the performance of this AGREEMENT. CLIENT does not waive any of its defenses or limitations on liability as allowed by NRS Chapter 41 or any other applicable laws. To the fullest extent permitted by law, SUMMIT shall defend, indemnify and hold harmless the CLIENT and its officers, employees and agents (collectively Indemnities ) from any liabilities, damages, losses, claims, actions or proceedings, including without limitation, reasonable attorney s fees, that are caused by the negligence, errors, omissions, recklessness or intentional misconduct of SUMMIT or the employees or agents of SUMMIT in the performance of this AGREEMENT. 10. Equal Employment Opportunity SUMMIT is an Equal Opportunity Employer and agrees to comply with applicable regulations governing equal employment opportunity. Page 4 of 11 36

37 11. Notices Any notice given under this AGREEMENT shall be in writing and deemed given when personally delivered or delivered by the U.S. Postal Service as Certified Mail or Registered Mail addressed to the parties as follows: CLIENT SUMMIT Humboldt County SUMMIT Engineering Corporation Mr. Dave Mendiola John K. Glynn, III County Administrator Geotechnical Manager 50 West Fifth Street 5405 Mae Anne Avenue Winnemucca, NV Reno, NV Litigation 13. Waivers 14. Modification 15. Severability 16. Termination The parties agree that performance of this AGREEMENT shall be governed by the laws of the State of Nevada and any litigation under this AGREEMENT shall be brought in that state. If either party brings an action to enforce this AGREEMENT, the prevailing party is entitled to reasonable attorney s fees and costs. Waiver of a breach or default under this AGREEMENT shall not constitute a continuing waiver or waiver of subsequent breach of the same or any other provision of this AGREEMENT. No waiver, modification, or termination of this AGREEMENT is valid unless made in writing and signed by both parties. If any term of this AGREEMENT is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this AGREEMENT shall remain in full force and effect. a. At any time and without cause, either party may terminate this AGREEMENT by giving ten (10) calendar days written notice. In the event of termination without cause, CLIENT shall pay SUMMIT for services rendered to date of termination, and SUMMIT shall deliver any work product to CLIENT upon termination, whether complete or incomplete. Page 5 of 11 37

38 17. Taxes b. CLIENT may terminate this AGREEMENT for cause upon giving SUMMIT ten (10) days written notice describing SUMMIT s substantial failure to meet its obligations. If SUMMIT has not cured the defects in the performance within ten (10) days, then CLIENT may terminate this AGREEMENT. SUMMIT shall give CLIENT all work products done towards completion of its services. CLIENT shall pay SUMMIT for the services satisfactorily rendered to date of termination. SUMMIT shall pay any and all Federal, State and local taxes, charges, fees or contributions required by law to be paid with respect to SUMMIT s performance of this AGREEMENT (including, without limitation, unemployment insurance, social security and income taxes). 18. No Third Party Beneficiaries Nothing in this AGREEMENT, express or implied, is intended to or shall confer upon any other person, any right, benefit or remedy of any nature whatsoever under or by reason of this AGREEEMENT. 19. Contradictory Provisions 20. Counterparts 21. Due Authorization If any provisions of this AGREEMENT conflict with the terms set forth in the SCOPE OF WORK, then the terms set forth in this AGREEMENT shall govern. This AGREEMENT may be executed in one duplicate originals or counterparts for each party hereto, and is binding on a party only when all parties have signed and received a duplicate original. Each party represents that all required authorizations have been obtained to execute this AGREEMENT and for the compliance with each and every term hereof. Each person signing this AGREEMENT warrants and represents to the other party that he or she has actual authority to execute this AGREEMENT on behalf of the party for whom he or she is signing. A facsimile signature on this AGREEMENT shall be treated for all purposes as an original signature. Page 6 of 11 38

39 22. Entire Agreement This AGREEMENT and its Exhibit(s) set forth the entire understanding between the parties. Changes and amendments shall be made in writing and signed by the parties. IN WITNESS WHEREOF, the parties have executed this AGREEMENT on the date above written. For CLIENT By Jim French Chairman Humboldt County Board of Commissioners Date: For SUMMIT Engineering Corporation By Clinton G. Thiesse Executive Vice President Date: Attest: Tami Spero Humboldt County Clerk Page 7 of 11 39

40 EXHIBIT A Page 8 of 11 40

41 Schedule of Fees EXHIBIT B Page 9 of 11 41

42 Schedule of Fees Page 10 of 11 42

43 Schedule of Fees Page 11 of 11 43