05-09-2023 City Council Meeting Packet
City Council Meeting Agenda
Council Chambers
City Hall
100 East First Street
Regular Meeting of May 9, 2023
7:00 PM
1. CALL TO ORDER This is an open meeting of the Grand Island City Council. The City of
Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open
Meetings Act is displayed in the back of this room as required by state law.The City Council
may vote to go into Closed Session on any agenda item as allowed by state law.
2. INVOCATION Father Vijumon Choorackal, Resurrection Catholic Church, 4110 Cannon Road
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS Individuals who have
appropriate items for City Council consideration should complete the Request for Future
Agenda Items form located at the Information Booth. If the issue can be handled
administratively without Council action, notification will be provided. If the item is scheduled for
a meeting or study session, notification of the date will be given.
6. RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals
wishing to provide input on any of tonight's agenda items wishing to reserve time to speak if
you did not sign up to speak on an agenda item. Please come forward, state your name and
the Agenda topic on which you will be speaking.
7. PRESENTATIONS AND PROCLAMATIONS
a. Recognition of Officers Aaron Marquez and Damian McAlvey with Distinguished
Service Award
b. Recognition of Swearing-In Officer Brandon Otto of the Grand Island Police Department
8. CONSENT AGENDA
a. Approving Minutes of April 25, 2023
b. Approving Payment of Claims for the Period of April 26, 2023 through May 9, 2023 for a
total amount of $3,604,048.93.
c. #2023-113 - Approving Amendment No. 2 to Lease Agreement between City, Event
Center and Fonner
d. #2023-114 - Approving Application for the Nebraska Public Transportation Assistance
Program
e. #2023-115 - Approving Temporary Construction Easements for 18th Street- Moores
Creek Drainway to Diers Avenue; Project No. 2022-P-8 (XIR of Grand Island, LLC-
1719 Aspen Circle)
f. #2023-116 - Approving AMI Support Service Contract Extension with Landis+Gyr
g. #2023-117 - Approving Joint Trench Agreement with Allo
Page 1 of 169
h. #2023-118 - Approving Joint Trench Agreement with Charter
i. #2023-119 - Awarding Bid for Supply and Delivery of Powder Activated Carbon
j. #2023-120 - Approving Change Order #1 Burdick Station Demolition 2022
k. #2023-121 - Approving the EPA Representation Agreement - Assigning New
Designated Representative
l. #2023-122 - Approving Water Main District 398T - Determining Revisions for
Connection Fees
m. #2023-123 - Approving Revised Statement of Work with Volkmann Consulting
9. PUBLIC HEARINGS
a. Public Hearing on Request from Bar Box Billiards Bar-N-Grill, LLC dba Bar Box Billiards
Bar-N-Grill, 2548 Carleton Ave for a Class "C" Liquor License
#2023-124 - Approving Request from Bar Box Billiards Bar-N-Grill, LLC dba Bar Box
Billiards Bar-N-Grill, 2548 Carleton Ave for a Class "C" Liquor License and Suzanne
Bowden, 4115 W. Faidley Ave for Liquor Manager Designation
b. Public Hearing on Acquisition of Public Right-of-Way for 18th Street- Moores Creek
Drainway to Diers Avenue; Project No. 2022-P-8 (XIR of Grand Island, LLC- 1719
Aspen Circle)
#2023-125 - Approving Acquisition of Public Right-of-Way for 18th Street- Moores
Creek Drainway to Diers Avenue; Project No. 2022-P-8 (XIR of Grand Island, LLC-
1719 Aspen Circle)
10. REQUEST AND REFERRALS
11. RESOLUTIONS
a. #2023-126 - Consideration of Approving Updated Parking Regulations
b. #2023-127 - Consideration of Approving 2023-2024 HIDTA Grant Funds
12. ORDINANCES
13. OTHER ITEMS
Page 2 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 7.a.
Subject: Recognition of Officers Aaron Marquez and Damian McAlvey with
Distinguished Service Award
Staff Contact: Kevin Denney
BACKGROUND: On 03-19-2023 at 0135 hours, Officers were dispatched to a report of
a person being shot, at 1222 S. Locust St. Officer McAlevy would be first on-scene and
found a male in the driver’s seat of a vehicle with multiple gunshot wounds. Officer
Marquez arrived shortly thereafter and both officers worked to remove the male from
the vehicle and begin medical aid. Marquez retrieved a trauma kit from his vehicle and
both began packing wounds and directing responding officers to preserve the crime
scene and search for other victims and suspect(s). Medical treatment was continued
until paramedics arrived. The victim was taken to the hospital and is
recovering. Shortly after the incident, a suspect was arrested and charged in the
shooting.
These actions exemplify the spirit of each officer in the Grand Island Police
Department, to protect our community and preserve life. Officers McAlevy and
Marquez distinguished themselves by responding quickly to the scene, protecting
bystanders, rendering first aid, and coordinating other first responders. Officer McAlevy
and Marquez are to be awarded the Distinguished Service Award.
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
Page 3 of 169
ATTACHMENTS:
1. Award - Marquez
2. Award -McAlevy
Page 4 of 169
Grand Island Police Department Distinguished Service Award Presented to: Officer Aaron Marquez #443
On 03-19-2023 at 0135 hours, Officers were dispatched to a report of a person being shot, at 1222 S. Locust St. Of-
ficer McAlevy would be first on-scene and found a male in the driver’s seat of a vehicle with multiple gunshot wounds.
Officer Marquez arrived shortly thereafter and both officers worked to remove the male from the vehicle and begin med-
ical aid. Marquez retrieved a trauma kit from his vehicle and both began packing wounds and directing responding of-
ficers to preserve the crime scene and search for other victims and suspect(s). Medical treatment was continued until
paramedics arrived. The victim was taken to the hospital and is recovering. Shortly after the incident, a suspect was
arrested and charged in the shooting.
Sergeant Riley was the on-scene supervisor and has recommended these officers for the Distinguished Service Award.
Sergeant Riley stated, “Their acts and quick thinking go above and beyond a simple lifesaving award.”. The actions by
Officers McAlevy and Marquez not only preserved life, they led to the preservation of the crime scene, safety of the
community, and a successful apprehension of the suspect.
These actions exemplify the spirit of each officer in the Grand Island Police Department, to protect our community and
preserve life. Officers McAlevy and Marquez distinguished themselves by responding quickly to the scene, protecting
bystanders, rendering first aid, and coordinating other first responders. Officer McAlevy and Marquez are to be award-
ed the Distinguished Service Award.
Sincerely,
Kevin F. Denney
Chief of Police May 9, 2023
Page 5 of 169
Grand Island Police Department Distinguished Service Award Presented to: Officer Damian McAlevy #440
On 03-19-2023 at 0135 hours, Officers were dispatched to a report of a person being shot, at 1222 S. Locust St. Of-
ficer McAlevy would be first on-scene and found a male in the driver’s seat of a vehicle with multiple gunshot wounds.
Officer Marquez arrived shortly thereafter and both officers worked to remove the male from the vehicle and begin med-
ical aid. Marquez retrieved a trauma kit from his vehicle and both began packing wounds and directing responding of-
ficers to preserve the crime scene and search for other victims and suspect(s). Medical treatment was continued until
paramedics arrived. The victim was taken to the hospital and is recovering. Shortly after the incident, a suspect was
arrested and charged in the shooting.
Sergeant Riley was the on-scene supervisor and has recommended these officers for the Distinguished Service Award.
Sergeant Riley stated, “Their acts and quick thinking go above and beyond a simple lifesaving award.”. The actions by
Officers McAlevy and Marquez not only preserved life, they led to the preservation of the crime scene, safety of the
community, and a successful apprehension of the suspect.
These actions exemplify the spirit of each officer in the Grand Island Police Department, to protect our community and
preserve life. Officers McAlevy and Marquez distinguished themselves by responding quickly to the scene, protecting
bystanders, rendering first aid, and coordinating other first responders. Officer McAlevy and Marquez are to be award-
ed the Distinguished Service Award.
Sincerely,
Kevin F. Denney
Chief of Police May 9, 2023
Page 6 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 7.b.
Subject: Recognition of Swearing-In Officer Brandon Otto of the Grand Island Police
Department
Staff Contact:
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS: None
Page 7 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.a.
Subject: Approving Minutes of April 25, 2023
Staff Contact: RaNae Edwards
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS:
1. Minutes of Meeting 04-25-23
Page 8 of 169
City Council Meeting Minutes
Regular Meeting
April 25, 2023
1.
CALL TO ORDER Pursuant to due call and notice thereof, a Regular Meeting of the City
Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City
Hall, 100 East First Street, on April 25, 2023. Notice of the meeting was given in The Grand
Island Independent on April 19, 2023.
Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council
members were present: Maggie Mendoza, Chuck Haase, Jack Sheard, Mike Paulick, Mark Stelk,
Mitch Nickerson, Doug Lanfear and Jason Conley. Councilmembers Bethany Guzinski and
Michelle Fitzke were absent. The following City Officials were present: City Clerk RaNae
Edwards, Deputy City Clerk Jill Granere, Interim City Administrator Laura McAloon, Finance
Director Patrick Brown, Assistant City Attorney Stacy Nonhof and Interim Public Works
Director Keith Kurz.
2.
INVOCATION Pastor Mark Oberbeck, Northridge Assembly of God, 3025 Independence
Avenue.
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
5.
SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS
6.
RESERVE TIME TO SPEAK ON AGENDA ITEMS
7.
PRESENTATIONS AND PROCLAMATIONS
8.
CONSENT AGENDA
Consent agenda items g & l (Resolutions #2023-102 and #2023-107) were removed for further
discussion. Motion by Jack Sheard, second by Doug Lanfear to approve the Consent Agenda
excluding items g & l. Roll Call: Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason
Page 9 of 169
Page 2, City Council Regular Meeting, April 25, 2023
Conley, Mitchell Nickerson, Mike Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany
Guzinski and Michelle Fitzke. Motion adopted.
a. Approving Minutes of April 11, 2023 City Council Regular Meeting.
b. Approving Payment of Claims for the Period of April 12, 2023 through April 25, 2023
for a total amount of $7,357,621.71.
c.Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop, 1004
West 2nd Street and Express Pawn, 645 South Locust Street.
d. Approving Request from Diane DuBois, 3763 N W. Capital Avenue, Unit N210 for a
Liquor Manager Designation with Walmart #1326, 2250 N. Diers Avenue.
e. Approving Request from Christopher Sieck, 14002 Parker Street, Omaha, Nebraska for
Liquor Manager Designations for all Casey’s Stores in Grand Island (8 locations).
f. #2023-101 – Approving Supplemental Agreement No. 1 with Nebraska Department of
Transportation (NDOT) for Improving US Highway 30 in Grand Island.
g. #2023-102 – Approving Budgeting Software Purchase from ClearGov of Maynard,
Massachusetts in an Amount of $27,050.83. Finance Director Patrick Brown gave an
overview of the ClearGov product and how it would work. Discussion was held regarding
the time it would take to upload past years of information.
Motion by Chuck Haase, second by Mitchell Nickerson to approve Resolution #2023-
102. Roll Call: Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell
Nickerson, Mike Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski
and Michelle Fitzke. Motion adopted.
h. #2023-103 – Approving Final Plat and Subdivision Agreement for JBA Ventures
Subdivision.
i. #2023-104 – Approving Final Plat and Subdivision Agreement for Eilienstine
Subdivision.
j. #2023-105 – Approving Final Plat and Subdivision Agreement for Platte View Second
Subdivision.
k. #2023-106 – Approving Final Plat and Subdivision Agreement for T&L Atkins
Subdivision.
l. #2023-107 – Approving Energy Efficiency and Conservation Block Grant Award.
Interim Utilities Director Ryan Schmitz reported that the City of Grand Island had been
awarded a formula grant of $116,440 from the Energy Efficiency and Conservation
Block Grant. This grant was to be used toward the purchase of equipment for renewable
energy installations. Discussion was held regarding the process and timeline. Mr. Schmitz
answered questions concerning the AMI meters and explained the billing process.
Motion by Mitchell Nickerson, second by Doug Lanfear to approve Resolution #2023-
107. Roll Call: Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell
Nickerson, Mike Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski
and Michelle Fitzke. Motion adopted.
m. #2023-108 – Approving Purchase of a 2023 Expedition for the Police Department from
Anderson Auto Group, Lincoln, Nebraska in an Amount of $53,149.00.
n. #2023-109 – Approving Transportation Alternatives Program Grant Application.
Page 10 of 169
Page 3, City Council Regular Meeting, April 25, 2023
9.
PUBLIC HEARINGS
a. Public Hearing on Acquisition of Public Right-of-Way for Claude Road; Faidley Avenue
to State Street; Project No. 2022-P-4 (Starostka Group Unlimited, Inc. – South of State Street,
West of Diers Avenue).
Interim Public Works Director Keith Kurz reported that public right-of-way was needed to
accommodate the Claude Road extension from Faidley Avenue to State Street. The Public Works
Department was proposing a concrete curb and gutter roadway section along with sidewalk,
traffic control, drainage and all other associated improvements needed to complete the project.
Staff recommended. No public testimony was heard.
#2023-110 - Approving Acquisition of Public Right-of-Way for Claude Road; Faidley
Avenue to State Street; Project No. 2022-P-4 (Starostka Group Unlimited, Inc. – South of State
Street, West of Diers Avenue).
Motion by Mike Paulick, second by Mark Stelk to approve Resolution #2023-110. Roll Call:
Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike
Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke.
Motion adopted.
b. Public Hearing Concerning Redevelopment Plan for CRA Area No. 34 to Allow for
Redevelopment of Property located South of 13th Street between Diers Avenue and
Moore’s Creek drainway in Grand Island, Nebraska (Crane Valley Investments, LLC).
Regional Planning Director Chad Nabity reported that Concord Investments, LLC was proposing
to develop property south of 13th Street and east of the Moore’s Creek drainway for residential
and commercial uses. They were proposing 84 units of housing. Staff recommended approval.
No public testimony was heard. Tim O’Neill, Attorney for Concord Investments, LLC spoke in
support. Discussion was held regarding the maintenance and housing market. Matt Rief
representing Olson reviewed the layout of the development.
#2023-111 – Approving Redevelopment Plan for CRA Area No. 34 to Allow for
Redevelopment of Property located South of 13th Street between Diers Avenue and Moore’s
Creek drainway in Grand Island, Nebraska (Crane Valley Investments, LLC).
Motion by Mitchell Nickerson, second by Chuck Haase to approve Resolution #2023-111. Roll
Call: Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike
Paulick, and Chuck Haase. No: Doug Lanfear. Absent: Bethany Guzinski and Michelle Fitzke.
Motion adopted.
c. Public Hearing on Zoning Change for Properties located at 4030, 4022, 4014 and 4006
Huff Boulevard from R1 Suburban Residential Zone to R3 Medium Density Residential Zone
(Trent Huff).
Regional Planning Director Chad Nabity reported that Trent Huff on behalf of Perseverance,
LLC, the owner of property at 4030, 4022, 4014 and 4006 Huff Boulevard located north of Huff
Page 11 of 169
Page 4, City Council Regular Meeting, April 25, 2023
Boulevard and west of North Road was requesting the zoning change. Staff recommended
approval. No public testimony was heard.
#9926 – Consideration of Approving Zoning Change for Properties located at 4030,
4022, 4014 and 4006 Huff Boulevard from R1 Suburban Residential Zone to R3 Medium
Density Residential Zone (Trent Huff).
Motion to suspend the rules was moved by Mike Paulick, seconded by Chuck Haase. Roll Call:
Ayes: Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson,
Mike Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke.
Motion adopted.
Motion by Mike Paulick, second by Mark Stelk to approve Ordinance #9926. Roll Call: Ayes:
Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike Paulick,
Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke. Motion
adopted.
10.
REQUEST AND REFERRALS
11.
RESOLUTIONS
a. #2023-112 – Approving Contract for EMS Billing Services to EMS Management &
Consultants.
Fire Chief Cory Schmidt reported that due to the length of time with the current EMS billing
provider, and Request for Proposal was issues with six proposals received. A committee of City
staff members from Fire, Finance, and Legal Department narrowed down the number of
applicants to three. Each of the three finalists were interviewed and the committee chose EMS
Management & Consultants. EMS Management & Consultants would charge the City an amount
equal to 4% fee of “Net Collections” each month. Staff recommended approval. Chris Samia
representing EMS Management & Consultants gave a PowerPoint presentation of how the
system would work.
Motion by Jack Sheard, second by Jason Conley to approve Resolution #2023-112. Roll Call:
Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike
Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke.
Motion adopted.
12.
ORDINANCES
a. #9927 - Consideration of Amending Grand Island City Code 4-19 regarding Alcohol
Consumption on City Owned Property.
Assistant City Attorney Stacy Nonhof reported that Grand Island City Code currently prohibits
the consumption or possession of any alcoholic beverage on or in City owned property
Page 12 of 169
Page 5, City Council Regular Meeting, April 25, 2023
designated as a city park or playground. The changes to this section of Code would add any
"plaza" owned by the City along with allowing alcohol only in certain documented and permitted
situations. There were use agreements for both the Plaza and Heartland Public Shooting Park that
the event organizer would have to comply with for alcohol being allowed. Staff recommended
approval.
Motion to suspend the rules was moved by Mike Paulick, seconded by Maggie Mendoza. Roll
Call: Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike
Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke.
Motion adopted.
Motion by Doug Lanfear, second by Jason Conley to approve Ordinance #9927. Roll Call: Ayes:
Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike Paulick,
Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke. Motion
adopted.
13.
OTHER ITEMS
a. Strategy Session Regarding City Administrator Selection Discussion.
Motion by Jack Sheard, second by Mike Paulick to adjourn to Executive Session at 8:20 p.m. for
the purpose of a strategy session relative to City Administrator Section discussion Roll Call:
Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike
Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke.
Motion adopted.
Motion by Mike Paulick, second by Mark Stelk to return to Regular Session at 8:55 p.m. Roll
Call: Ayes: Jack Sheard, Maggie Mendoza, Mark Stelk, Jason Conley, Mitchell Nickerson, Mike
Paulick, Doug Lanfear, and Chuck Haase. Absent: Bethany Guzinski and Michelle Fitzke.
Motion adopted.
ADJOURN
The meeting was adjourned at 8:55 p.m.
RaNae Edwards
City Clerk
Page 13 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.b.
Subject: Approving Payment of Claims for the Period of April 26, 2023 through May
9, 2023 for a total amount of $3,604,048.93.
Staff Contact: Patrick (Pat) Brown
BACKGROUND:
DISCUSSION:
FISCAL IMPACT:
ALTERNATIVES:
RECOMMENDATION:
SAMPLE MOTION:
ATTACHMENTS: None
Page 14 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.c.
Subject: #2023-113 - Approving Amendment No. 2 to Lease Agreement between
City, Event Center and Fonner
Staff Contact: Laura McAloon
BACKGROUND: The City, Fonner Park Exposition and Events Center, Inc. ("Event
Center"), Hall County Livestock Improvement Association ("Fonner") and the Nebraska
State Fair Board ("State Fair") entered into a lease dated July 1, 2009 for the Heartland
Event Center. The parties executed Amendment No. 1 on November 13, 2009
(together the "Lease").
DISCUSSION: The "Leased Premises" under the Lease include a portion of the
Fonner Park Grandstand and a portion of the 4-H Cafe' Building. The Event Center and
Fonner have negotiated a second amendment to the Lease to provide the Grand Island
Casino Resort, LLC with the temporary use of these portions of the Leased Premises
during the construction of the permanent casino facility. The temporary use authority
will expire 120 days after issuance of the certificate of occupancy for the permanent
casino facility. The Event Center, Fonner and the State Fair have all approved and
executed this Amendment No. 2 to the Lease Agreement and request the City Council
also approve the amendment and authorize the Mayor to execute Amendment No. 2.
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue presented in this motion.
Page 15 of 169
RECOMMENDATION: City Administration recommends that the Council approve the
Resolution authorizing Amendment No. 2 to the Lease Agreement for the Heartland
Event Center.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Resolution
Page 16 of 169
R E S O L U T I O N 2023-113
WHEREAS, the City of Grand Island (“City”) entered into a Lease Agreement
dated July 1, 2009, together with the First Amendment to Lease Agreement dated November 13,
2009 (“Lease”) for the Heartland Event Center; together with Fonner Park Exposition and Events
Center, Inc., a Nebraska nonprofit corporation; Hall County Livestock Improvement and
Association, a Nebraska nonprofit corporation; and the Nebraska State Fair Board, a private
corporation and instrumentality serving the State of Nebraska and its citizens; and
WHEREAS, the other parties to the Lease have negotiated a second amendment to
the Lease for the purpose of providing temporary operating space for the Grand Island Casino
Resort, LLC, a Nebraska limited liability company, during the construction of their permanent
casino facility (“Amendment No. 2 to Lease Agreement”).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2 to Lease Agreement
for the Heartland Event Center, attached hereto as Exhibit A and incorporated herein by reference,
is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such amendment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 17 of 169
4835-8029-7983.5
EXHIBIT A
AMENDMENT NO. 2 TO LEASE AGREEMENT
THIS AMENDMENT NO. 2 TO LEASE AGREEMENT (this “Amendment”) is made and entered
into as of _______________, 2023 (the “Effective Date”), by and between Fonner Park Exposition and
Events Center, Inc., a Nebraska nonprofit corporation (“Event Center”), Hall County Livestock
Improvement Association, a Nebraska nonprofit corporation (“Fonner”), and the City of Grand Island,
Nebraska, a municipal corporation (the “City”) (Event Center, Fonner and the City are collectively referred
to herein as “Lessors”), the Nebraska State Fair Board f/k/a the Nebraska State Board of Agriculture, a
private corporation organized under the authority of Neb. Rev. Stat. § 2-101 and an instrumentality serving
the State of Nebraska and its citizens under the terms provided for in Neb. Rev. Stat. Article 1 of Chapter
2 (“Lessee”) and Grand Island Casino Resort, LLC, a Nebraska limited liability company (“GICR”).
Lessors and Lessee each may be referred to herein as the “Party” and jointly referred to herein as the
“Parties.”
WHEREAS, the Parties entered into that certain Lease Agreement, dated as of July 1, 2009 (the
“Lease”);
WHEREAS, the Parties desire to amend certain terms of the Lease; and
WHEREAS, the Parties desire to enter into this Amendment to set forth the amended terms of the
Lease.
NOW, THEREFORE, in consideration of the foregoing, the mutual promises, covenants,
representations and warranties set forth herein and in the Lease, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties
hereto agree as follows:
1. Amendment to “Leased Premises” Definition. The term “Leased Premises,” as such term
is defined in the Lease, is hereby amended as follows:
(a) The “Leased Premises” shall be temporarily amended in accordance with the terms of
Exhibit “H”, attached hereto and incorporated by this reference, to remove a portion of
the Fonner Park Grandstand as described in Exhibit “H” from the definition of “Leased
Premises” to allow for the construction, operation and management of a temporary
casino facility by Grand Island Casino Resort, LLC (“GICR”) in the portion of the
Fonner Park Grandstand and the portion of the 4-H Café Building described in Exhibit
“H”. On the date 120 days after the receipt of the certificate of occupancy for the
permanent casino facility described in Section 1(b), the portion of the Fonner Park
Grandstand and the 4-H Café Building that is removed from the definition of “Leased
Premises” pursuant to this Section 1(a) shall again be included in the definition of
“Leased Premises” without any further action required by the Parties. Fonner and
GICR shall pay Lessee $42,500 per year for each calendar year that that GICR utilizes
the portion of the Fonner Park Grandstand and 4-H Café Building identified in Exhibit
“H” beyond April 1 of such calendar with calendar year 2023 being year the first year
that this payment obligation applies. The payment for the first year (2023) will be
applied to the 2022 Fair Sponsorship of GICR to compensate GICR for the full value
of GICR’s $80,000 sponsorship to Lessee which GICR did not receive in 2022 and no
financial payment shall due for from Fonner and GICR to Lessee for calendar year
2023. Payments for the second calendar year (2024) and any additional calendar years
(2025 and beyond) will be split equally between GICR and Fonner. Payments shall
continue until GICR no longer resides within the portion of the Fonner Park
Page 18 of 169
4835-8029-7983.5
Grandstand and 4-H Café Building described in Exhibit “H” on April 1 of any calendar
year.
(b) The “Leased Premises” shall be permanently amended pursuant to the terms of Exhibit
“I”, attached hereto and incorporated by this reference, to remove the portion of the
land described in Exhibit “I” from the definition of “Leased Premises” to allow for the
development, construction, ownership and management of a permanent casino facility
by GICR, its successors, affiliates and assigns.
2. Full Force and Effect. Except as expressly amended pursuant to the terms of this
Amendment, the Lease shall remain in full force and effect.
3. Counterparts. This Amendment may be executed in any number of counterparts and any
Party may execute any such counterpart, each of which when executed will be deemed to be an original and
all of which counterparts taken together shall constitute one and the same instrument.
[Remainder of this page intentionally left blank; signature page follows.]
Page 19 of 169
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth
above.
LESSORS:
Fonner Park Exposition and Events Center, Inc.
By:
Name:
Title:
Hall County Livestock Improvement Association
By:
Name:
Title:
City of Grand Island, Nebraska
By:
Name:
Title:
State of Nebraska )
) ss.
County of ________________ )
The foregoing instrument was acknowledged before me on this _____ day of _________, 2023, by
_______________________________ of Fonner Park Exposition and Events Center, Inc., a Nebraska
nonprofit corporation, on behalf of the corporation.
State of Nebraska )
) ss.
County of ________________ )
The foregoing instrument was acknowledged before me on this _____ day of _________, 2023, by
_______________________________ of Hall County Livestock Improvement Association, a Nebraska
nonprofit corporation, on behalf of the corporation.
Notary Public
Page 20 of 169
4835-8029-7983.5
State of Nebraska )
) ss.
County of ________________ )
The foregoing instrument was acknowledged before me on this _____ day of _________, 2023, by
_______________________________ of the City of Grand Island, Nebraska, a municipal corporation, on
behalf of the corporation.
Notary Public
Page 21 of 169
LESSEE:
Nebraska State Fair Board
By:
Name:
Title:
Notary Public
State of Nebraska )
) ss.
County of ________________ )
The foregoing instrument was acknowledged before me on this _____ day of _________, 2023, by
_______________________________ of the Nebraska State Fair Board, a private corporation, on behalf
of the corporation.
Notary Public
Page 22 of 169
4835-8029-7983.5
GICR:
Grand Island Casino Resort, LLC
By:
Name:
Title:
Notary Public
State of Nebraska )
) ss.
County of ________________ )
The foregoing instrument was acknowledged before me on this _____ day of _________, 2023, by
_______________________________ of Grand Island Casino Resort, LLC, a Nebraska limited liability
company, on behalf of the limited liability company.
Notary Public
Page 23 of 169
EXHIBIT “H”
Temporary Amendment to the Leased Premises
See Annex “1”, attached hereto and incorporated by this reference, which sets forth an image of a certain
portion of the Fonner Park Grandstand which is hereby temporarily excluded from the “Leased Premises”
definition in order to allow for the construction and operation of a temporary casino facility while the
permanent casino facility is constructed. On the date 120 days after the receipt of the certificate of
occupancy for the permanent casino facility, the portion of the Fonner Park Grandstand set forth on Annex
“1” shall again become a part of the “Leased Premises” without any further action required from the parties
to the Lease.
Page 24 of 169
- 9 -
ANNEX “1”
Page 25 of 169
- 10 -
EXHIBIT “I”
Leased Premises
See Annex “2”, attached hereto and incorporated by this reference, which sets forth an image of certain
land that is hereby permanently excluded from the definition of the “Leased Premises”. For purposes of
clarity, the land which is intended to be excluded from the “Leases Premises” definition, is the land
highlighted on Annex “2” which is entitled “Casino, Hotel and Parking Garage location.”
Page 26 of 169
- 11 -
ANNEX “2”
Page 27 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.d.
Subject: #2023-114 - Approving Application for the Nebraska Public Transportation
Assistance Program
Staff Contact: Keith Kurz, Charley Falmlen
BACKGROUND: The City of Grand Island is responsible for ensuring provision of
public transportation trips originating or terminating within the urbanized area of the City
of Grand Island. All such trips utilize Federal Transit Administration (FTA) 5307
Urbanized Area Formula Grants.
The FTA 5307 Urbanized Area Formula Grants reimburse a portion of the costs
associated with operating transit service. Additionally, 5307 Urbanized Area Formula
Grants reimburse the City for a portion of the public transit project administration
conducted by the Public Works Transit Division. FTA reimburses the City for capital
expenses at a ratio of 80/20, and operating expenses at a ratio of 50/50.
Funds are available through the State of Nebraska Public Transportation Assistance
Program to aid the City in meeting the required matching funds. If awarded, these
State funds will be used towards the City’s local matching obligation for 5307 Urbanized
Area Formula Grants.
Funds from the Nebraska Public Transportation Assistance Program are competitive,
and the City must complete a new application every year. Last year, the City of Grand
Island was awarded Nebraska Public Transportation Assistance Program funding in the
amount $239,982.00 for the period of July 1, 2022 to June 30, 2023.
DISCUSSION: Public Works Transit Division is requesting a resolution to move forward
with the annual application for matching funds under the Nebraska Public
Transportation Assistance program. Upon the State’s review of all submitted requests,
the City will be notified of the exact amount they are to receive, based on funds
available vs. funds requested.
Page 28 of 169
The Public Works Transit Division is also requesting approval to submit the Nebraska
Public Transportation Assistance Program application each year administratively, with
the agreement being presented to City Council for approval.
FISCAL IMPACT: The City must provide the matching funds for this program, which
are equal to the award amount. $382,497.95 would be funded by the General Fund
once the FY24 budget is approved by the Council.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
Application for the Nebraska Public Transportation Assistance Program to aid the City
in providing public transit services.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Application
2. Resolution
Page 29 of 169
Page 30 of 169
Page 31 of 169
Page 32 of 169
Page 33 of 169
Page 34 of 169
Page 35 of 169
R E S O L U T I O N 2023-114
WHEREAS, funds are available through the State of Nebraska Public
Transportation Assistance Program to aid the City financially in providing public transit services;
and
WHEREAS, the City of Grand Island utilizes 5307 Urbanized Area Formula
Grants, and thereby eligible for State of Nebraska Public Transportation Assistance Program
funds; and
WHEREAS, such State funds will be used towards the City’s local matching
obligation for 5307 Urbanized Area Formula Grants.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor is hereby authorized and
directed to sign the 2023-2024 Nebraska Public Transportation Assistance Program Application.
BE IT FURTHER RESOLVED, all future applications shall be submitted
administratively, with the Agreement being presented to City Council for approval.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 36 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.e.
Subject: #2023-115 - Approving Temporary Construction Easements for 18th Street-
Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 (XIR of Grand Island,
LLC- 1719 Aspen Circle)
Staff Contact: Keith Kurz
BACKGROUND: The Claude Road; Faidley Avenue to State Street project is for the
addition and improvement of several roadways in the City of Grand Island. It is
anticipated that these projects will occur over several years at a pace dictated by
budgets, development growth and need. A Claude Road extension from just north of
Faidley Avenue to State Street is the major focus of this project. It is desired to build
this roadway and several connections to Diers Avenue guided by an existing City of
Grand Island concept plan. This project will allow for improvements to the Diers Avenue
corridor intended to control access and improve traffic performance and safety. The
Diers Avenue improvements would be the second component to this project. Also
associated with this project is the potential for improvements to the Highway 281 and
30 corridors adjacent to the other project areas. These improvements would focus on
creating north and southbound left-turn lane offsets as well as right turn lanes to exit
from the highway. This portion of the project could involve potential application of
NDOT safety funds and would involve coordination with NDOT throughout the project.
Construction of 18th Street, from Diers Avenue to Claude Road is the first improvement
with the Claude Road project. On January 24, 2023, via Resolution No. 2023-21, City
Council approved the bid award of 18th Street- Moores Creek Drainway to Diers
Avenue; Project No. 2022-P-8 to The Diamond Engineering Company of Grand Island,
Nebraska in the amount of $1,149,288.25.
The Public Works Department is proposing a concrete curb and gutter roadway section
along with sidewalk, traffic control, drainage and all other associated improvements
needed to complete the project.
A sketch is attached to show the temporary construction easement area.
Page 37 of 169
DISCUSSION: A temporary construction easement is needed for the new 18th Street,
which is scheduled to be built this coming spring, from the proposed Claude Road to
Diers Avenue.
Engineering staff of the Public Works Department negotiated with the property owner
for use of such temporary construction easement area.
Property Owner Legal Description Cost
XIR of Grand
Island, LLC
A TEMPORARY EASEMENT CONSISTING OF
PART OF LOT 2 OF KAAAR SECOND
SUBDIVISION, CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF
SAID LOT 2, SAID POINT ALSO BEING THE POINT
OF BEGINNING; THENCE ON AN ASSUMED
BEARING OF S00o22’50”E ALONG THE EAST LINE
OF SAID LOT 2 A DISTANCE OF 16.00 FEET;
THENCE S89o37’10”W A DISTANCE OF 94.89
FEET; THENCE S00o04’38”E A DISTANCE OF 24.06
FEET; THENCE S89o55’22”W A DISTANCE OF 5.00
FEET; THENCE S00o04’38”E A DISTANCE OF 10.90
FEET; THENCE N81o13’38”W A DISTANCE OF
24.32 FEET; THENCE AROUND A CURVE IN A
CLOCKWISE DIRECTION HAVING A RADIUS OF
145.00 FEET, A DELTA ANGLE OF 14o07’34”, AN
ARC LENGTH OF 35.75 FEET AND A CHORD
BEARING S22o00’17”W FOR A DISTANCE OF 35.66
FEET; THENCE S00o35’54”E A DISTANCE OF 64.85
FEET; THENCE S89o43’39”W A DISTANCE OF
114.86 FEET TO A POINT ON A WEST LINE OF
SAID LOT 2; THENCE N00o05’26”W ALONG SAID
WEST LINE A DISTANCE OF 6.45 FEET TO A
NORTHWESTERLY CORNER OF SAID LOT 2, SAID
POINT ALSO BEING ON THE SOUTH RIGHT-OF-
WAY (R.O.W.) LINE OF ASPEN CIRCLE; THENCE
ALONG SAID SOUTH R.O.W. LINE AROUND A
CURVE IN A COUNTER CLOCKWISE DIRECTION
HAVING A RADIUS OF 130.00 FEET, DELTA
ANGLE OF 75o13’42”, AN ARC LENGTH OF 170.69
FEET AND A CHORD BEARING N46o51’00”E TO
THE POINT OF INTERSECTION OF SAID SOUTH
R.O.W. LINE AND THE SOUTH LINE OF
$6,520.00
Page 38 of 169
PROPOSED ROAD R.O.W.; THENCE ALONG SAID
PROPOSED ROAD R.O.W. LINE AROUND A
CURVE IN A COUNTER CLOCKWISE DIRECTION
HAVING A RADIUS OF 285.00 FEET, A DELTA
ANGLE OF 01o46’35”, AN ARC LENGTH OF 8.84
FEET AND A CHORD BEARING N43o15’25”E FOR A
DISTANCE OF 8.84 FEET TO A POINT OF
REVERSE CURVATURE; THENCE CONTINUING
ALONG SAID PROPOSED ROAD R.O.W. LINE
AROUND A CURVE IN A CLOCKWISE DIRECTION
HAVING A RADIUS OF 215.00 FEET, A DELTA
ANGLE OF 09o30’27”, AN ARC LENGTH OF 35.68
FEET AND A CHORD BEARING N47o07’21”E FOR A
DISTANCE OF 35.64 FEET TO THE POINT OF
INTERSECTION OF SAID PROPOSED ROAD
R.O.W. LINE AND THE NORTH LINE OF SAID LOT
2; THENCE N89o37’10”E ALONG SAID NORTH LINE
A DISTANCE OF 103.39 FEET TO THE POINT OF
BEGINNING. SAID TEMPORARY EASEMENT
CONTAINS 7174 SQUARE FEET MORE OR LESS.
T
o
t
a
l
=
$
6
,
5
2
0
.
0
0
FISCAL IMPACT: The $6,520.00 compensation to property owner is included in the FY
2022/2023 budget for the 18th Street- Moores Creek Drainway to Diers Avenue; Project
No. 2022-P-8.
Page 39 of 169
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
Temporary Construction Easement between the City of Grand Island and the affected
property owner for 18th Street- Moores Creek Drainway to Diers Avenue; Project No.
2022-P-8, in the total amount of $6,520.00.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Resolution
2. Temporary Easement Exhibit
Page 40 of 169
R E S O L U T I O N 2023-115
WHEREAS, a temporary construction easement is required by the City of Grand
Island, from property described below to construct 18th Street- Moores Creek Drainway to Diers
Avenue; Project No. 2022-P-8:
Property Owner Legal Description Cost
XIR of Grand Island,
LLC
A TEMPORARY EASEMENT CONSISTING OF PART OF LOT 2 OF
KAAAR SECOND SUBDIVISION, CITY OF GRAND ISLAND, HALL
COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2,
SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
ON AN ASSUMED BEARING OF S00o22’50”E ALONG THE EAST
LINE OF SAID LOT 2 A DISTANCE OF 16.00 FEET; THENCE
S89o37’10”W A DISTANCE OF 94.89 FEET; THENCE S00o04’38”E A
DISTANCE OF 24.06 FEET; THENCE S89o55’22”W A DISTANCE OF
5.00 FEET; THENCE S00o04’38”E A DISTANCE OF 10.90 FEET;
THENCE N81o13’38”W A DISTANCE OF 24.32 FEET; THENCE
AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A
RADIUS OF 145.00 FEET, A DELTA ANGLE OF 14o07’34”, AN ARC
LENGTH OF 35.75 FEET AND A CHORD BEARING S22o00’17”W
FOR A DISTANCE OF 35.66 FEET; THENCE S00o35’54”E A
DISTANCE OF 64.85 FEET; THENCE S89o43’39”W A DISTANCE OF
114.86 FEET TO A POINT ON A WEST LINE OF SAID LOT 2;
THENCE N00o05’26”W ALONG SAID WEST LINE A DISTANCE OF
6.45 FEET TO A NORTHWESTERLY CORNER OF SAID LOT 2,
SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY
(R.O.W.) LINE OF ASPEN CIRCLE; THENCE ALONG SAID SOUTH
R.O.W. LINE AROUND A CURVE IN A COUNTER CLOCKWISE
DIRECTION HAVING A RADIUS OF 130.00 FEET, DELTA ANGLE
OF 75o13’42”, AN ARC LENGTH OF 170.69 FEET AND A CHORD
BEARING N46o51’00”E TO THE POINT OF INTERSECTION OF
SAID SOUTH R.O.W. LINE AND THE SOUTH LINE OF PROPOSED
ROAD R.O.W.; THENCE ALONG SAID PROPOSED ROAD R.O.W.
LINE AROUND A CURVE IN A COUNTER CLOCKWISE
DIRECTION HAVING A RADIUS OF 285.00 FEET, A DELTA
ANGLE OF 01o46’35”, AN ARC LENGTH OF 8.84 FEET AND A
CHORD BEARING N43o15’25”E FOR A DISTANCE OF 8.84 FEET
TO A POINT OF REVERSE CURVATURE; THENCE CONTINUING
ALONG SAID PROPOSED ROAD R.O.W. LINE AROUND A CURVE
IN A CLOCKWISE DIRECTION HAVING A RADIUS OF 215.00
FEET, A DELTA ANGLE OF 09o30’27”, AN ARC LENGTH OF 35.68
FEET AND A CHORD BEARING N47o07’21”E FOR A DISTANCE OF
35.64 FEET TO THE POINT OF INTERSECTION OF SAID
PROPOSED ROAD R.O.W. LINE AND THE NORTH LINE OF SAID
LOT 2; THENCE N89o37’10”E ALONG SAID NORTH LINE A
DISTANCE OF 103.39 FEET TO THE POINT OF BEGINNING. SAID
TEMPORARY EASEMENT CONTAINS 7174 SQUARE FEET MORE
OR LESS.
$6,520.00
Total= $6,520.00
Page 41 of 169
- 2 -
WHEREAS, such Temporary Construction easement has been reviewed and
approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to compensate the affected property owner for the Temporary Construction
easement on the above described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 42 of 169
Page 43 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.f.
Subject: #2023-116 - Approving AMI Support Service Contract Extension with
Landis+Gyr
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: Over time, the Utility Department has installed an estimated 16,700
Landis+Gyr meters which are all maintained under the current Software as a Service
Agreement with Landis+Gyr.
On October 23, 2012, Council agreed to a 3-year agreement with Landis+Gyr to
maintain its AMI meter network and host its data. On April 26, 2016, Council agreed to
extend the agreement with Landis+Gyr.
DISCUSSION: The term of the current agreement with Landis+Gyr will be expiring on
June 1, 2023. Landis+Gyr has provided a ten (10) year proposal for an extension of the
server hosting services. The total cost of the Contract is contingent on the number of
meters deployed, but is estimated at $467,610 over the ten (10) year period. As
Landis+Gyr is the sole provider of the services needed to maintain the City’s AMI
network, it is the Department’s recommendation that the proposed agreement from
Landis+Gyr be accepted.
FISCAL IMPACT: Estimated $467,610 over 10 years
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
Page 44 of 169
RECOMMENDATION: City Administration recommends that the Council approve the
Landis+Gyr Software as a Service Agreement.
SAMPLE MOTION: Move to approve the Landis+Gyr Software as a Service
Agreement.
ATTACHMENTS:
1. Agreement
2. Resolution
Page 45 of 169
Main SaaS Agreement Page 1
Amended and Restated
Software as a Service Agreement
This Amended and Restated Software as a Service Agreement (this “SaaS Agreement”), dated as of June
1, 2023 (“Effective Date”), is by and between City of Grand Island Utilities (“Customer”) with offices
located at 1116 W.N. Front Street, PO Box 1968, Grand Island, NE 68802 US and LANDIS+GYR
TECHNOLOGY, INC. with offices located at 30000 Mill Creek Avenue, Suite 100, Alpharetta, GA 30022
(“Landis+Gyr”).
WHEREAS, Landis+Gyr and Customer are parties to that certain Software as a Service Agreement dated June
1, 2016 (the “Prior Agreement”) by which Customer required third-party hosted “software as a service”
(the “SaaS Services,”) as further described herein with respect to certain of Customer’s information
technology needs and related smart grid program;
WHEREAS, Landis+Gyr and Customer desire to amend and entirely restate the terms and conditions as currently
described in the Prior Agreement, in this Amended and Restated Software as a Service Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
1. Definitions; Schedules. Capitalized terms used herein and not otherwise defined will have the
meanings set forth in this Section.
“Access Credentials” means any user name, identification number, password, and/or other access
keys or controls for access and use of the SaaS Services.
“Affiliate” means any entity (including any person, without limitation, any corporation, company,
partnership, limited liability company or group) that directly through one or more intermediaries,
controls, is controlled by or is under common control with Landis+Gyr or Customer for so long as
such control exists. For purposes of this definition, “control” means having more than fifty percent
(50%) of the shares or other equity interest with voting rights in the legal entity or organization at
issue.
“Aggregated Statistics” means data and information that is derived by or through Customer’s use
of the SaaS Services that is used by Landis+Gyr in an aggregate and anonymized manner, including
to compile statistical and performance information related to the provision and operation of the
SaaS Service.
“Applicable Data Privacy Laws” means all applicable local, state, national and foreign laws that
apply to the processing of Personal Data processed by Landis+Gyr to render the Services for the
Customer, including but not limited to, laws of the European Union and/or their member states,
Switzerland and United Kingdom as they may be amended from time to time and in particular, the
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or
“GDPR”).
Page 46 of 169
Main SaaS Agreement Page 2
“Authorized Users” means any Customer employee, consultant, contractor or agent (a) who are
authorized by Customer to access and use the SaaS Services under the rights granted to Customer
under this Agreement; and (b) for whom access to the SaaS Services has been purchased hereunder.
“Business Day” means a day other than a Saturday, Sunday or other day on which commercial
banks in New York City are authorized or required by Law to be closed for business.
“Cloud Software” means cloud-based software to which Customer is provided access as part of
the SaaS Service, including any updates or new versions.
“Customer Data” means, other than Aggregated Statistics, information, data, and other content, in
any form or medium, relating to Customer’s end customers’ information relating to electricity,
water or natural gas consumption, load profile, billing history, or credit history that is collected,
downloaded or otherwise received, directly or indirectly, from Customer or an Authorized User by
or through the SaaS Services or that incorporates or is derived from the Processing of such
information, data or content by or through the SaaS Service.
“Customer Systems” means the Customer's information technology infrastructure, including
computers, software, hardware, databases, electronic systems (including database management
systems) and networks, whether operated directly by Customer or through the use of third-party
services.
“Documentation” means any online user manuals for the SaaS Services as updated from time to
time, that describes the functions, operation, and use of the SaaS Services, and that Landis+Gyr
makes generally available to subscribers of the SaaS Services.
“Endpoints” means each of the following types of physical sensory-type devices installed for use
in the delivery of any commodity e.g., electric, water, gas, distribution automation devices:
i. a meter measuring the quantity of a commodity delivered, at a utility customer premise or
at any other point within the distribution system, with respect to which the Cloud Software
stores, processes, or makes accessible data specifically identified to that premise or
distribution point for use in one or more of the utility operations the Cloud Software
performs or supports; and
ii. an unmetered supply point with respect to which the Cloud Software performs calculations
of quantities of a commodity delivered in lieu of metering.
For avoidance of doubt, Endpoints do not include: aggregations of data from multiple Endpoints;
interfaces between the Cloud Software and other systems or applications; sub-meters or devices
installed at a utility customer premises beyond the meter; or devices only used to read, retrieve, or
transmit data from Endpoints.
“Error” has the meaning set forth in Schedule A.
“Error Correction” has the meaning set forth in Schedule A.
“Export Control Laws” means all applicable export and re-export control laws and regulations,
including (a) the Export Administration Regulations (“EAR”) maintained by the U.S. Department
of Commerce, (b) trade and economic sanctions maintained by the U.S Treasury Department’s
Page 47 of 169
Main SaaS Agreement Page 3
Office of Foreign Assets Control, and (c) the International Traffic in Arms Regulations (“ITAR”)
maintained by the U.S. Department of State.
“Fees” has the meaning set forth in Section 6.2 Fees.
“Harmful Code” means any software, hardware, or other technology, device, or means, including
any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to
(a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or
impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii)
any application or function of any of the foregoing or the security, integrity, confidentiality, or use
of any data processed thereby; or (b) prevent Customer or any Authorized User from accessing or
using the Services or Landis+Gyr Systems as intended by this Agreement. Harmful Code does not
include any Landis+Gyr Disabling Device.
“High Risk Activities” means activities where the use or failure of the Services would reasonably
be expected to result in death, serious personal injury or severe environmental or property damage
(such as the creation or operation of weaponry).
“Improvements” means enhancements, extensions, modifications and new releases to the SaaS
Services (other than Error Corrections) that Landis+Gyr elects to incorporate into the SaaS Service,
and for which Landis+Gyr does not charge an additional fee.
“Intellectual Property Rights” means any and all intellectual property rights whether registered
or unregistered, and all applications for and renewals or extensions of such rights, including rights
comprising or relating to: (a) patents, patent disclosures and inventions (whether patentable or not);
(b) trademarks, service marks, trade dress, trade names, logos, corporate names and domain names,
together with all of the goodwill associated therewith; (c) works of authorship, designs, copyrights
and copyrightable works (including computer programs) and rights in data and databases; (d) trade
secrets, know-how and other confidential information; and (e) all similar or equivalent rights or
forms of protection.
“Interfaces” means Landis+Gyr’s file transfer communications interfaces and data feeds
mechanisms between the Landis+Gyr Systems and the Customer’s Systems which are developed,
operated, owned and maintained by Landis+Gyr pursuant to this Agreement including, as
applicable, any configuration and customization required to meet the requirements of this
Agreement, but excluding ownership of any customization that constitutes a component or
derivative of Customer’s Systems.
“Landis+Gyr Disabling Device” means any software, hardware, or other technology, device, or
means (including any back door, time bomb, time out, drop dead device, software routine, or other
disabling device) used by Landis+Gyr or its designee to disable Customer’s or any Authorized
User’s access to or use of the Services automatically with the passage of time or under the positive
control of Landis+Gyr or its designee.
“Landis+Gyr Materials” means all devices, documents, data, know-how, methods, processes,
software and other inventions, works, technologies and materials, including any and all Cloud
Software, Documentation, computer hardware, programs, reports and specifications, client
software and deliverables provided or made available to Customer in connection with
Landis+Gyr’s performance of the Services, in each case developed or acquired by Landis+Gyr
independently of this Agreement. For the avoidance of doubt, Landis+Gyr Materials include
Page 48 of 169
Main SaaS Agreement Page 4
Aggregated Statistics and any information, data, or other content derived from Landis+Gyr’s
monitoring of Customer's access to or use of the Services, but do not include Customer Data.
“Landis+Gyr Personnel” means all employees and agents of Landis+Gyr, all subcontractors and
all employees and agents of any subcontractor, involved in the performance of Services.
“Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, common law,
judgment, decree or other requirement or rule of any federal, state, local or political subdivision
thereof, or any arbitrator, court or tribunal of competent jurisdiction.
“Other Services” means all technical and non-technical services performed or delivered by
Landis+Gyr under this SaaS Agreement, including without limitation, implementation services and
other professional services and training services further defined in Section 2.1, but excluding the
SaaS Services and the Support Services. All Other Services will be provided on a non-‘work for
hire’ basis.
“Permitted Uses” means any use of the Services by Customer or any Authorized User for the
benefit of Customer in or for Customer's internal business operations in accordance with the
Documentation.
“Person” means an individual and any entity, including, but not limited to, any corporation,
partnership, joint venture, limited liability company, governmental authority, unincorporated
organization, trust or association.
“Personal Data” or “PII” means any information relating to an identified or identifiable natural
person (‘data subject’); an identifiable natural person is one who can be identified, directly or
indirectly, in particular by reference to an identifier such as a name, an identification number,
location data, an online identifier or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that natural person.
“Representatives” means a party's employees, officers, directors, consultants, legal advisors and,
with respect to Landis+Gyr, Landis+Gyr's subcontractors, and, with respect to Customer, solely
those of Customer’s independent contractors or service providers that are Authorized Users.
“Security Incident” is an event that may indicate that an organization's systems, networks, or
data have been compromised or that measures put in place to protect them have failed. With
respect to the information technology space, an event is anything that has significance for system
hardware or software and an incident is an event that disrupts normal operations. Items included,
but not limited to: malware infection, distributed denial of service attacks, unauthorized access,
insider breaches, destructive attacks, unauthorized privilege escalation, loss or theft of equipment.
“Security Breach/Data Breach” per NIST Special Publication (SP) 800-53. Definition: A data
breach refers to any confirmed incident in which sensitive, confidential, or otherwise protected
data has been accessed or disclosed in an unauthorized fashion. If a security incident results in
unauthorized access to data, it can typically be classified as a security breach.
“Services” means the SaaS Services, the Support Services and the Other Services.
“Support Services” means the maintenance and support services for the SaaS Services as further
defined in Schedule A.
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“Supported Release” means versions of Cloud Software currently supported by Landis+Gyr.
Landis+Gyr will support, at a minimum, the current generally available release in addition to the
two (2) prior generally available releases of Cloud Software.
“Suspend” or “Suspension” means disabling or limiting access to or use of the SaaS Services or
components of the SaaS Services.
“Territory” means the Customer’s service territory.
“Third Party Materials” means materials and information, in any form or medium, including any
software, documents, data, content, specifications, products, equipment or components of or
relating to the Services that are not Proprietary to Landis+Gyr.
“Upgrade” means upgrading the Cloud Software to the most current generally available version.
2. Services and Service Orders.
2.1 Description of Services. Throughout the Term, Landis+Gyr will in accordance with all terms and
conditions set forth in this Agreement and each applicable Service Order, provide to Customer and
its Authorized Users the following services:
a) Access, in accordance with Section 2.2 of this Agreement, to the software-as-a service online
web-based offering described in a Service Order and subject to the terms of this Agreement
updated with Error Corrections, Improvements or modifications to the content, functionality
and user interface from time to time at Landis+Gyr’s discretion (the “SaaS Services”), which
upon their execution, will be attached as a part of this Agreement.
b) service maintenance and the Support Services as set forth in the applicable Service Order
and the Service Level Agreement described in Schedule A; and
c) such other services as may be specified in the applicable Service Order.
2.2 SaaS Services Access License Grant. Subject to and conditioned on Customer’s and its Authorized
Users’ compliance with the terms and conditions of this Agreement, during the Term, Landis+Gyr
hereby grants to Customer and its Authorized Users a non-exclusive, worldwide, terminable license
to access and use the SaaS Service, including in operation with other software, hardware, systems,
networks and services for Customer’s business purposes. Landis+Gyr will provide the following
services: infrastructure and infrastructure monitoring, technical support, backup and recovery,
access training, and Cloud Software upgrades for Customer’s productive use of such services.
2.3 Landis+Gyr will provide the SaaS Services for 24 hours a day, 7 days a week in accordance with
the Service Level Agreement in Schedule A except for Scheduled Downtime, service downtime or
degradation caused by a Force Majeure Event, including Customer's or any Authorized User's use
of Third Party Materials, misuse of the Services, or use of the Services other than in compliance
with the express terms of this Agreement and the Documentation.
2.4 Service and Systems Control. Except as otherwise expressly provided in this Agreement, as
between the parties:
2.4.1 Landis+Gyr has and will retain sole control over the operation, provision, maintenance,
and management of the Landis+Gyr Materials; and
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2.4.2 Customer has and will retain sole control over the operation, maintenance, and
management of, and all access to and use of, the Customer Systems, and sole
responsibility for all access to and use of the Landis+Gyr Materials by any Person by
or through the Customer Systems or any other means controlled by Customer or any
Authorized User, including any: (i) information, instructions, or materials provided by
any of them to the Services or Landis+Gyr; (ii) results obtained from any use of the
Services or Landis+Gyr Materials; and (iii) conclusions, decisions, or actions based on
such use. By granting Authorized Users access to the SaaS Service, Customer
acknowledges and agrees that Customer’s Authorized Users shall have access to
Customer Data and that Landis+Gyr shall not be responsible or liable for any misuse
of the SaaS Services or Customer Data by any such Authorized Users. For avoidance
of doubt, the Services do not include managed services and Customer agrees that it
will be responsible for monitoring its access to the platform and will promptly notify
Landis+Gyr of any issues.
2.5 Documentation. Landis+Gyr represents and warrants that (i) the Documentation for the Cloud
Software will accurately and completely describe the functions and features of the Cloud Software,
including all subsequent revisions thereto and (ii) the Documentation will be understandable by a
typical end user having commensurate skill with using and maintaining metering and monitoring
systems technology and will provide Authorized Users with sufficient instruction such that an
Authorized User will have a foundation to become self-reliant with respect to access and use of the
Services. Customer will have the right to make any number of additional copies of the
Documentation for internal business purposes at no additional charge.
2.6 Service Orders. Service Orders will be effective only when signed by Customer and Landis+Gyr.
The initial Service Orders are attached hereto. Any modifications or changes to the Services under
any executed Service Order will be effective only if and when memorialized in a mutually agreed
written change order (“Change Order”) signed by both Parties. Where a Change Order may result
in an adjustment to Fees, Landis+Gyr will provide a written estimate of such adjustment to
Customer within a commercially reasonable period of time of Landis+Gyr’s receipt of a Change
Order. Upon approval of the written estimate to complete the Change Order, the parties will each
ratify the Change Order indicating any adjustments to the Fees, or delivery schedule.
2.7 Other Services Comprising of Professional Services. During the Term of this Agreement,
Landis+Gyr may also perform certain Other Services comprising of implementation, consulting,
training and/or support services as specified in mutually agreed upon written Statement of Work
(“SOW”). Each SOW will contain a reference identifying it as a SOW under this Agreement and
will contain the following information, as applicable: a description of scope of the Other Services;
the Fees (including any Reimbursable Expenses), and any modifications to the ownership of
Intellectual Property provisions of this SaaS Agreement.
2.8 No Software Delivery Obligation. Landis+Gyr has no software delivery obligation and will not
ship copies of any of the Cloud Software used to provide the Services to Customer as a part of the
Services or as part of any Deliverable under a SOW. Upon the end of the Service Order, Customer’s
right to access or use the Cloud Software specified in the Service Order and the Services will
terminate.
2.9 Use of Subcontractors. Landis+Gyr may from time to time in Landis+Gyr’s discretion engage third
parties to perform Services (each, a “Subcontractor”).
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2.10 Designation of Responsible Contacts. Customer will provide Landis+Gyr with current appropriate
contact information such that Landis+Gyr may communicate maintenance notifications, outages,
support items and other communications under this Agreement to Customer on an ongoing basis.
2.11 Aggregated Statistics. Landis+Gyr may compile Aggregated Statistics based on Customer Data
input into the SaaS Service. Customer agrees that Landis+Gyr may use Aggregated Statistics to the
extent and in the manner permitted under applicable Law, provided that such Aggregated Statistics
do not identify Customer or Customer's Confidential Information.
3. Customer Obligations
3.1 Customer Systems and Cooperation. Customer, at all times during the Term to the extent applicable
for the specific Service Order, will: (a) set up, maintain and operate in good repair and in
accordance with the Documentation all Customer Systems on or through which the SaaS Services
are accessed or used (including taking all necessary and current security industry standards into
consideration and implementation to notify and mitigate any security vulnerabilities that could be
introduced into the Landis+Gyr Systems); and (b) provide all cooperation and assistance as
Landis+Gyr may reasonably request to enable Landis+Gyr to exercise its rights and perform its
obligations under and in connection with this Agreement. To the extent it becomes necessary for
Landis+Gyr to have access to Customer Systems in order to perform the Services in accordance
with the Availability Requirements as set forth in the Service Level Agreement, Customer will
provide Landis+Gyr with such access. Unless otherwise stated in a Service Order, Customer agrees
that it will not send or provide Landis+Gyr access to any Personal Data, whether in data or any
other form. Should Customer mistakenly provide Personal Data to Landis+Gyr (including, but not
limited to, Personal Data where Customer has no legal ground to share with Landis+Gyr or to
process otherwise), Customer will immediately notify Landis+Gyr in writing in accordance with
the notice provisions herein, and reasonably cooperate with Landis+Gyr to take any mitigating
actions deemed necessary to remove such PII from the Landis+Gyr Systems.
3.2 Effect of Delay. Neither party is responsible or liable for the portion of any delay or failure of
performance caused in whole or in part by the other party’s delay in performing, or failure to
perform, any of Customer’s obligations under this Agreement.
3.3 Privacy. Customer is responsible for any consents and notices required to permit (a) Customer’s
use and receipt of the Services and (b) Landis+Gyr’s accessing, storing and processing of data
provided by Customer (including Customer Data, if appliable) under the Agreement. Customer
shall comply with all applicable local, state, national and foreign laws in connection with its use of
the SaaS Services, including those laws related to data privacy and the transmission of technical or
personal data. Customer acknowledges that Landis+Gyr exercise no control over the content of the
information transmitted by Customer through the SaaS Services.
3.4 Suspension. If Landis+Gyr becomes aware that Customer’s use of the SaaS Services violates the
Permitted Uses, Landis+Gyr will notify Customer and request that Customer correct the violation.
If Customer fails to correct the violation within 24 hours of Landis+Gyr’s request, then Landis+Gyr
may Suspend all or part of Customer's use of the Services by use of a Landis+Gyr Disabling Device
until the violation is corrected. Notwithstanding the preceding related to violations of the Permitted
Uses, Landis+Gyr may immediately Suspend all or part of Customer's use of the Services by use
of a Landis+Gyr Disabling Device if (a) Landis+Gyr reasonably believes Customer's use of the
SaaS Services could adversely impact the SaaS Service, other customers’ or their end users’ use of
the SaaS Service, or the Landis+Gyr network or servers used to provide the SaaS Service; (b) there
is suspected unauthorized third-party access to the SaaS Service; (c) Landis+Gyr reasonably
believes that immediate Suspension is required to comply with any applicable Law; or (d) Customer
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is in breach of Section 4.2 (Use Restrictions) or specific terms for the relevant Service Order.
Landis+Gyr will lift any such Suspension when the circumstances giving rise to the Suspension
have been resolved. At Customer’s request, Landis+Gyr will, unless prohibited by applicable Law,
notify Customer of the basis for the Suspension as soon as is reasonably possible.
4. Authorization Limitations and Restrictions.
4.1 Authorization. Subject to and conditioned on Customer’s payment of the Fees and compliance and
performance in accordance with all other terms and conditions of this Agreement, Landis+Gyr
hereby authorizes Customer, to access and use, solely in the Territory during the Term, the Services
and such Landis+Gyr Materials as Landis+Gyr may supply or make available to Customer for the
Permitted Uses by and through Authorized Users in accordance with the Documentation and the
conditions and limitation set forth in this Agreement or any Service Order. In addition, Customer
is authorized to:
(a) generate, print, copy, upload, download, store and otherwise process all GUI, audio, visual,
digital and other output, displays and other content as may result from any access to or use
of the SaaS Services;
(b) prepare, reproduce, print, and download a reasonable number of copies of Documentation
as may be necessary or useful for any Permitted Uses of the SaaS Services under this
Agreement;
(c) access and use (i) the SaaS Services for production uses and (ii) any applications provided
by Landis+Gyr as may be necessary or useful for the effective use of the SaaS Services for
the Permitted Uses hereunder; and
(d) perform, display, execute, and reproduce and distribute and otherwise make available to
Authorized Users, any Landis+Gyr Materials solely to the extent necessary to access or use
the SaaS Services in accordance with the terms and conditions of this Agreement.
4.2 Use Restrictions. Customer will not and will not knowingly permit any other Person to access or
use the SaaS Services or Landis+Gyr Materials except as expressly permitted by this Agreement
and/or any Service Order and, in the case of Third-Party Materials, the applicable third-party
license agreement. For purposes of clarity and without limiting the generality of the foregoing,
Customer will not, except as this Agreement or any Service Order expressly permits:
(a) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the
SaaS Services or Landis+Gyr Materials available to any third party that is not an Authorized
User;
(b) copy, modify or create derivative works or improvements of the SaaS Services or
Landis+Gyr Materials;
(c) reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or
gain access to the source code of the SaaS Services or Landis+Gyr Materials, in whole or
in part;
(d) bypass or breach any security device or protection used by the SaaS Services or Landis+Gyr
Materials or access or use the SaaS Services or Landis+Gyr Materials other than by an
Authorized User through the use of his or her own then valid Access Credentials;
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(e) use or authorize the use of the SaaS Services or Documentation in any manner or for any
purpose that is unlawful under applicable Law.
(f) remove, delete, alter or obscure any trademarks, Documentation, warranties or disclaimers,
or any copyright, trademark, patent or other intellectual property or proprietary rights
notices from any SaaS Services or Landis+Gyr Materials, including any copy thereof;
(g) access or use the SaaS Services or Landis+Gyr Materials in any manner or for any purpose
that infringes, misappropriates or otherwise violates any Intellectual Property Right or other
right of any third party, or that violates any applicable Law;
(h) access or use the SaaS Services or Landis+Gyr Materials for purposes of competitive
analysis of the SaaS Services or Landis+Gyr Materials, the development, provision or use
of a competing software service or product or any other purpose that is to Landis+Gyr's
detriment or commercial disadvantage;
(i) engage in cryptocurrency mining without Landis+Gyr’s prior written approvals;
(j) to transmit, store or process health information subject to the United States HIPAA
regulations;
(k) access or use of the Services for High Risk Activities; or
(l) otherwise access or use the SaaS Services or Landis+Gyr Materials beyond the scope of the
authorization provided in this Agreement or in any applicable Service Order.
4.3 Excess Use. If Customer's use of the SaaS Services exceeds the volume of use authorized in the
applicable Service Order (including as to the number of Endpoints), Customer will pay Landis+Gyr
the Fees attributable to the excess use in accordance with the applicable Service Order.
5. Term and Termination
5.1 Term. This Agreement commences on the Effective Date and continues until all Service
Orders/SOW have expired or have been terminated. Except in the case of termination for breach
by Landis+Gyr, within thirty (30) days of the date of termination, Customer must pay all amounts
remaining unpaid for Services provided prior to the effective date of termination, plus related taxes
and expenses.
5.2 Term of Service Orders/SOWs. The term of each Service/SOW will be as specified in the applicable
Service Order/SOW. Except as otherwise specified in a Service Order, SaaS Services will
automatically renew for additional one (1) year periods, unless either party gives the other notice
of non-renewal at least ninety (90) days before the end of the relevant subscription term.
5.3 Termination.
(a) Landis+Gyr may terminate this Agreement, effective on written notice to Customer, if the
SaaS Services is being used by Customer in violation of applicable Law.
(b) Either party may terminate this Agreement, effective on written notice to the other party, if
the other party materially breaches this Agreement, and such breach: (i) is incapable of cure;
or (ii) being capable of cure, remains uncured 30 days after the non-breaching party provides
the breaching party with written notice of such breach; and
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(c) Either party may terminate this Agreement, effective immediately upon written notice to
the other party, if the other party enters into liquidation (apart from a solvent liquidation for
the purposes of amalgamation or reconstruction) or is dissolved or declared bankrupt or has
a receiver, administrator or administrative receiver appointed over all or part of its assets or
enters into an arrangement with its creditors or takes or suffers any similar action.
5.4 Effect of Termination or Expiration. Upon any expiration or termination of this Agreement, except
as expressly otherwise provided in this Agreement, all rights, licenses, consents, and authorizations
granted by either party to the other hereunder will immediately terminate.
5.5 Survival. The terms, conditions and warranties contained in this Agreement that by their sense and
context are intended to survive the performance thereof by either party hereunder will so survive
the completion of the performance, cancellation or termination of this Agreement, including
without limitation, Confidentiality, Infringement, Limited Warranties and Limitations of Liability.
6. Fees and Expenses
6.1 Invoices. Invoices will be issued monthly in arrears for (i) the monthly SaaS Services Fees (ii) for
time and materials in a Statement of Work and (iii) Reimbursable Expenses based on expenses
incurred in the previous month. Fees for fixed bid SOW’s will be invoiced upon completion of the
milestone as set forth in the applicable SOW. If Customer validly disputes any invoiced amount it
will pay the undisputed amounts and provide written notice of the basis of that dispute to
Landis+Gyr within thirty (30) days following delivery of that invoice. The parties will work
diligently, promptly and in good faith to resolve any such disputes.
6.2 Fees. Customer agrees to pay for all services ordered as set forth in the applicable Service Order or
SOW (the “Fees”). All Fees are due within thirty (30) days from the date of invoice.
6.3 Late Payment. If Customer fails to make any payment when due then, in addition to all other
remedies that may be available:
6.3.1 Landis+Gyr may charge interest on the past due amount at the rate of one percent (1%)
per month, calculated daily and compounded monthly or, if lower, the highest rate
permitted under applicable Law; and
6.3.2 Customer will reimburse Landis+Gyr for all reasonable costs incurred by Landis+Gyr
in collecting any late payments or interest, including reasonable attorneys' fees, court
costs, and collection agency fees.
6.4 Fee Increases. Landis+Gyr's Fees are fixed for the duration described in the applicable Service
Order. Thereafter, the Fees are subject to an adjustment in accordance with the Service Order.
6.5 Reimbursable Expenses. If a Service Order and/or SOW permits reimbursement of expenses by
Customer (“Reimbursable Expenses”), Landis+Gyr will be reimbursed for those reasonable
expenses, at cost. In addition, if there are any system communication fees that are incurred by
Landis+Gyr (i.e. long-distance charges), Landis+Gyr will invoice Customer monthly for the
communications fees, which Customer agrees to pay.
6.6 Taxes. Customer is exclusively responsible for the collection and remittance of all sales and use,
value added, duties, tariffs or other similar charges or taxes on the Services, other than taxes based
upon Landis+Gyr’s income. All amounts set forth in an applicable Service Order/SOW are
exclusive of taxes and taxes are not included in the Fees. Applicable taxes payable by Customer
will be separately itemized on invoices sent to Customer.
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7. Intellectual Property Rights
7.1 Services and Landis+Gyr Materials. Subject to the limited rights granted hereunder, all rights, title,
and interest in and to the Landis+Gyr Materials, including all Intellectual Property Rights therein,
are and will remain with Landis+Gyr and, with respect to Third-Party Materials, the applicable
third-party providers own all right, title, and interest, including all Intellectual Property Rights, in
and to the Third-Party Materials. In addition to the foregoing, Customer acknowledges that
Landis+Gyr will have the right to utilize data capture and analysis tools, and other similar tools, to
extract, compile and analyze the Aggregated Statistics.
7.2 Ownership of Customer Data. As between Customer and Landis+Gyr and its Subcontractors,
Customer is and will remain the sole and exclusive owner of all right, title and interest in and to all
Customer Data, including all Intellectual Property Rights relating thereto, subject only to the
limited license granted in Section 7.3. Customer will have sole responsibility for the accuracy,
integrity and reliability of Customer Data. Customer acknowledges that Landis+Gyr exercises no
control whatsoever over any Customer Data managed by Authorized Users while accessing the
Service and that Customer is solely responsible for the Customer content.
7.3 Consent to Use Customer Data. During the Term of this Agreement, Customer hereby irrevocably
grants all such rights and permissions in or relating to Customer Data as are necessary or useful to
Landis+Gyr, its Subcontractors and the Landis+Gyr Personnel to enforce this Agreement and
exercise Landis+Gyr’s, its Subcontractors’ and the Landis+Gyr Personnel’s rights and perform
Landis+Gyr’s, its Subcontractors’ and the Landis+Gyr Personnel’s obligations hereunder as well
as to use and display Customer Data incorporated within the Aggregated Statistics.
7.4 Feedback. At its option, Customer may provide feedback and suggestions about Services to
Landis+Gyr (“Feedback”). If Customer provides Feedback, then Landis+Gyr and its Affiliates
may use the Feedback without restriction and obligation to Customer.
8. Confidentiality
8.1 Confidential Information. From time to time during the Term of this Agreement, either Party (as
the “Disclosing Party”) may disclose or make available to the other Party (as the “Receiving
Party”) non-public, proprietary, confidential information about its business affairs, products,
services, confidential intellectual property, trade secrets, third party confidential information,
source code and other sensitive or proprietary information in oral, written, electronic or other
intangible form marked or indicated as “Confidential” or “Proprietary” at the time of disclosure
(collectively, “Confidential Information”). Confidential Information, however, will not include:
(a) Information which is already generally available to the public; (b) Information which hereafter
becomes generally available to the public, except as a result of the direct or indirect action of the
Receiving Party in breach of this Agreement; (c) Information known to the Receiving Party or its
Representatives on a non-confidential basis prior to receipt by the disclosing party; (d) Information
that is independently developed without access to the Disclosing Party's Confidential Information;
and (e) Information disclosed under legal compulsion; provided, however, that prior to a disclosure
pursuant to an order or applicable law, the Receiving Party, to the extent permitted by law, promptly
provides the other party written notice of such proposed disclosure and reasonably cooperates with
the other party in its attempts to limit or prevent such disclosure. The Receiving Party will use the
Confidential Information solely for the performance of this Agreement and will not disclose or
permit access to Confidential Information other than to its Affiliates and its or their employees,
officers, directors, attorneys, accountants and financial advisors (including insurers) (collectively,
“Representatives”) who: (a) need to know such Confidential Information for the performance of
this Agreement; (b) know of the existence and terms of this Agreement and (c) are bound by
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confidentiality obligations no less protective of the Confidential Information than the terms
contained herein. These non-disclosure obligations will survive the termination of this Agreement
and will continue for a period of five (5) years thereafter. Information need not be marked
“Confidential” to be considered Confidential Information. “Confidential Information” includes
any Confidential Information disclosed prior to the effective date of this Agreement. Any
subcontractor retained pursuant to Section 2.6 will adhere to this Section 8 as it regards to
Confidential Information that comes into its possession.
8.2 Protection of Confidential Information. The Receiving Party will safeguard the Confidential
Information from unauthorized use, access or disclosure using at least the degree of care it uses to
protect its most sensitive information and no less than a reasonable degree of care. The Receiving
Party will promptly notify Disclosing Party of any unauthorized use or disclosure of Confidential
Information and take all reasonable steps to cooperate with Disclosing Party to prevent further use
or disclosure. The Receiving Party will be responsible for any breach of this Agreement caused by
its Representatives. Neither party will disclose the terms of this Agreement or any Service Order
to any third party other than to its Affiliates, legal counsel and accountants without the other party’s
prior written consent, provided that a party that makes any such disclosure to its affiliate, legal
counsel or accountants will remain responsible for such affiliate’s, legal counsel’s or accountant’s
compliance with this Section 8.2.
8.3 No Rights in Confidential Information. Customer and Landis+Gyr hereby acknowledge and agree
that all Confidential Information of the other party will remain the sole and exclusive property of
such other party and that the receiving party will have no proprietary rights, title or interests therein
except as otherwise provided in this Agreement.
9. Personal Data Privacy
9.1 Personal Data Privacy. Customer acknowledges that Landis+Gyr may, where Customer acts as a
data controller and Landis+Gyr as data processor in relation to any Personal Data under this
Agreement, processes Personal Data in accordance with Landis+Gyr Cloud Data Processing
available at https://www.landisgyr.com/landisgyr-data-processing-terms/.
10. Security Requirements
10.1 Security Requirements. Landis+Gyr will employ security measures in accordance with
Landis+Gyr’s security requirements available at https://www.landisgyr.com/securityterms. The
process described therein will be used when there are Security Incidents or critical vulnerabilities
discovered that impacts or potentially impacts Landis+Gyr or Customer.
10.2 Audits.
10.2.1 Landis+Gyr shall provide to Customer, on at least an annual basis, Landis+Gyr’s
review of the controls placed in operation and a test of operating effectiveness, as
defined by Statement of Standards for Attestation Engagement No. 18, Reporting on
Controls at Service Organizations (“SSAE-18”), or any standards amending or
replacing SSAE 18 forcovered Services defined by Landis+Gyr for or on behalf of
Customer and issue SOC 1 (Type II) report and SOC 2 (Type II) reports thereon
(collectively, “SOC Reports”).
10.2.2 Landis+Gyr shall provide to Customer Landis+Gyr ISO Certifications for Information
Security Management Systems standards (ISO/IEC 27001)
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10.2.3 Reports and certification audits shall be performed by Landis+Gyr’s external auditors.
Landis+Gyr shall address and rectify any deficiencies found in any SOC Report
review.
11. Disaster Recovery
11.1 Disaster Recovery. Landis+Gyr will maintain reasonably prudent business resumption and disaster
recovery plans and procedures. Upon request, Customer will have the right to review a summary
of Landis+Gyr’s then current plan. Landis+Gyr will test the operation and effectiveness of the plan
at least annually. Upon request, Landis+Gyr will provide Customer with an annual summary audit
report for disaster recovery effectiveness. If such tests reveal material deficiencies in the plan
Landis+Gyr will respond with steps that will be taken to mitigate recovery deficiencies within a
reasonable time frame. Landis+Gyr reserves the right to make the changes as required to the
Disaster Recovery plan.
12. Mutual Indemnification
12.1 Indemnification by Landis+Gyr. Subject to this Agreement, Landis+Gyr shall defend and
indemnify Customer against any loss or damage (including reasonable attorneys' fees) incurred in
connection with claims, demands, suits, or proceedings ("Claims") made or brought against
Customer by a third party alleging that the use of the base SaaS Services as contemplated hereunder
infringes a United States patent or copyright of a third party and pay all damages finally awarded
by a court of competent jurisdiction attributable to such claim, or agreed to in a settlement by
Landis+Gyr; provided, that Customer (a) promptly gives written notice of the Claim to
Landis+Gyr; (b) gives Landis+Gyr sole control of the defense and settlement of the Claim; and (c)
provides to Landis+Gyr all available information, assistance and authority to defend; and (d) not
have compromised or settled such proceeding without Landis+Gyr’s prior written consent. Should
the SaaS Services become, or in Landis+Gyr’s opinion be likely to become, the subject of a claim
for which indemnity is provided hereunder, Landis+Gyr will in its sole discretion either: (a) obtain
for Customer the right to use the SaaS Services; or (b) replace or modify the SaaS Services so that
it becomes non-infringing.
12.2 Indemnification by Customer. Subject to this Agreement, Customer shall defend and indemnify
Landis+Gyr against any loss or damage (including reasonable attorneys' fees) incurred in
connection with Claims made or brought against Landis+Gyr by a third party alleging that the
Customer Data, the intellectual property rights of, or has otherwise harmed, a third party or breaches
of the policy governing the acceptable use of the systems and the use restrictions listed in Section
4.2; provided, that Landis+Gyr (a) promptly gives written notice of the Claim to Customer; (b)
gives Customer sole control of the defense and settlement of the Claim (provided that Customer
may not settle or defend any Claim unless it unconditionally releases Landis+Gyr of all liability);
and (c) provides to Customer, at Customer's cost, all reasonable assistance.
12.3 Exceptions from Indemnification. Landis+Gyr will have no liability for any infringement or claim
which results from: (a) use of the SaaS Services in combination with any non-Landis+Gyr-provided
or -recommended hardware, software, or data if such infringement or claim would not have
occurred but for such combination; (b) Landis+Gyr’s development of any Customer-specific
changes or modifications to the SaaS Services or Other Services at Customer’s request or
instruction; or (c) use of the SaaS Services in a manner prohibited under this Agreement, in a
manner for which the Cloud Software was not designed, or in a manner not in accordance with the
Documentation if such infringement or claim would not have occurred but for such use. This
Section states Landis+Gyr’s entire liability, and Customer’s sole remedy, with respect to any claim
of infringement.
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13. Limitations of Liability
13.1 EXCLUSION OF DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN SECTION 13.3, IN
NO EVENT WILL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT UNDER ANY
LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY
CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED,
PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS/REPUTATIONAL HARM,
REVENUE, DATA OR USE INCURRED BY THE OTHER PARTY OR ANY THIRD PARTY
WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS
FORESEEABLE AND WHETHER EITHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
13.2 CAP ON MONETARY LIABILITY. IN NO EVENT WILL EITHER PARTY’S AGGREGATE
LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR
ANY OTHER LEGAL OR EQUITABLE THEORY, EXCEED ONE (1) TIMES TOTAL
AMOUNTS ACTUALLY PAID TO LANDIS+GYR UNDER THIS AGREEMENT IN THE
TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
13.3 Exceptions. The exclusions and limitations in Section 13.1 and Section 13.2 do not apply to:
13.3.1 Losses arising out of or relating to a party’s failure to comply with its obligations under
Section 7 (Intellectual Property Rights) or Section 8 (Confidentiality); or
13.3.2 Losses arising out of or relating to a party's gross negligence or more culpable conduct,
including any willful misconduct or intentional wrongful acts.
14. Warranties; Disclaimer
14.1 Mutual warranty. Each party warrants that it has the status, authority and capacity to enter into this
Agreement.
14.2 Landis+Gyr Warranty. Landis+Gyr warrants that (i) it will provide the Services in a professional
workmanlike manner consistent with general industry standards reasonably applicable to the
provision thereof; (ii) that the SaaS Services will perform materially in accordance with the
Documentation, and be available in accordance with the SaaS Services Availability Target, and
(iii) it owns or otherwise has sufficient rights to the SaaS Services to grant the rights and licenses
granted herein.
14.3 Additional Customer Warranty. Customer represents, warrants and covenants to Landis+Gyr that:
(a) Customer owns or otherwise has and will have the necessary rights, legal grounds and
consents in and relating to the Customer Data so that, as received by Landis+Gyr and
processed in accordance with this Agreement, Customer does not and will not infringe,
misappropriate or otherwise violate any Intellectual Property Rights, or any Applicable Data
Privacy Laws or other rights of any third party or violate any applicable Law; and
(b) prior to Customer’s delivery to Landis+Gyr of any Customer Data that is outside of the
Landis+Gyr Systems, Customer will implement and maintain current industry state-of-the-
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art IT security and anti-virus measures to detect, prevent and remove Harmful Code, and to
prevent the spread of Harmful Code between the Parties when accessing and/or exchanging
data or software through the Interfaces or any other network connectivity.
14.4 DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED HEREIN,
LANDIS+GYR MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF
ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
LANDIS+GYR HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS
WARRANTIES, OR CONDITIONS INCLUDING ANY REPRESENTATION, WARRANTY
OR CONDITION OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. LANDIS+GYR DOES NOT WARRANT THAT THE OPERATION OF
THE SAAS SERVICESOR CLOUD SOFTWARE WILL BE UNINTERRUPTED OR ERROR-
FREE OR THAT THEY WILL BE SUITABLE FOR OR MEET THE REQUIREMENTS OF
CUSTOMER.
15. General Provisions.
15.1 Force Majeure Events. Neither party will be liable in damages or have the right to terminate this
Agreement for any reasonable delay or default in performing under this Agreement if such delay
or default is caused by conditions beyond the party’s reasonable control, including without
limitation acts of God, natural disasters, pandemics, war or other hostilities, labor disputes, civil
disturbances, governmental acts, orders or regulations or failures or fluctuations in electrical power,
heat, lights, air conditioning or telecommunications equipment (each of the foregoing, a “Force
Majeure Event”), provided that the non-performing party is without fault in causing such
condition. Subject to the party so delaying promptly notifying the other party in writing of the
reason for the delay and the likely duration of the delay, the performance of the delaying party’s
obligations, to the extent affected by the delay, will be temporarily suspended during the reasonable
period of time that the cause persists, provided that if performance is not resumed within thirty (30)
days after that notice, the non-delaying party may by notice in writing immediately terminate this
Agreement.
15.2 Export. Each party shall comply with all Export Control Laws, executive orders or regulations
applicable to its performance under this Agreement.
15.3 Independent Contractor. The relationship between the parties is that of independent contractors.
Nothing contained in this Agreement will be construed as creating any agency, partnership, joint
venture or other form of joint enterprise, employment or fiduciary relationship between the parties,
and neither party will have authority to contract for or bind the other party in any manner
whatsoever.
15.4 Notices. All notices, requests, consents, claims, demands, waivers and other communications
hereunder, other than routine communications having no legal effect, will be in writing and
addressed to the parties as follows (or as otherwise specified by a party in a notice given in
accordance with this Section):
If to Landis+Gyr:
Landis+Gyr Technology, Inc.
30000 Mill Creek Avenue, Suite 100
Alpharetta, GA 30022
Attn: Legal Department
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Email: legalcontractteam@landisgyr.com
If to Customer:
City of Grand Island Utilities
PO Box 1968,
Grand Island, NE 68802 US
Attn: Roger Steele
Email:
Notices sent in accordance with this Section 15.4 will be deemed effectively given: (a) when
received, if delivered by hand (with written confirmation of receipt); (b) when received, if sent
by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile
with confirmation of transmission), if sent during normal business hours of the recipient, and
on the next business day, if sent after normal business hours of the recipient; or (d) on the fifth
(5th) day after the date mailed, by certified or registered mail, return receipt requested, postage
prepaid.
15.5 Headings. The headings in this Agreement are for reference only and will not affect the
interpretation of this Agreement.
15.6 Entire Agreement. This Agreement (including all Service Orders and other Schedules and Exhibits)
contains the entire agreement of the parties and supersedes all previous oral and written
communications by the parties, concerning the subject matter of this Agreement. This Agreement
may be amended solely in a writing signed by both parties. Standard or printed terms contained in
any purchase order or sales confirmation are deemed rejected and shall be void unless specifically
accepted in writing by the party against whom their enforcement is sought; mere commencement
of work or payment against such forms shall not be deemed acceptance of the terms.
15.7 Assignment. Neither party will assign or otherwise transfer any of its rights, or delegate or
otherwise transfer any of its obligations or performance, under this Agreement without the other
party's prior written consent, which consent will not unreasonably be withheld or delayed. Any
purported assignment, delegation or transfer in violation of this Section 15.7 is void. This
Agreement is binding upon and inures to the benefit of the parties hereto and their respective
permitted successors and assigns.
15.8 No Third-party Beneficiaries. This Agreement is an agreement between the parties, and confers no
rights upon either party’s employees, agents, contractors, partners of customer or up any other
person or entity.
15.9 Waiver. No waiver shall be effective unless it is in writing and signed by the waiving party. The
waiver by either party of any breach of this Agreement shall not constitute a waiver of any other or
subsequent breach.
15.10 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable, that
term shall be reformed to achieve as nearly as possible the same effect as the original term, and the
remainder of this Agreement shall remain in full force.
15.11 Governing Law; Submission to Jurisdiction. This Agreement shall be governed by the laws of the
State of State of Georgia, without regard to State of Georgia’s conflict of laws principles and each
party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts
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located in State of Georgia. The Uniform Computer Information Transactions Act does not have
any application to this Agreement. The parties expressly exclude the United Nations Convention
on Contracts for the International Sale of Goods from application to this Agreement.
15.12 Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a
trial by jury in respect of any legal action arising out of or relating to this Agreement or the
transactions contemplated hereby.
15.13 Equitable Relief. The Parties will be entitled to seek injunctive or other equitable relief whenever
the facts or circumstances would permit a party to seek equitable relief in a court of competent
jurisdiction.
15.14 Attorneys' Fees. In the event that any action, suit, or other legal or administrative proceeding is
instituted or commenced by either party hereto against the other party arising out of or related to
this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees, expert
witness fees and out-of-pocket and court costs from the non-prevailing party.
15.15 Limitations on Actions. No actions, regardless of form, arising from the transactions under this
Agreement, may be brought by either party more than two (2) years after the cause of action has
accrued.
15.16 Schedules and Exhibits. All Schedules that are referenced herein and attached hereto, or are signed
by both parties on or after the Effective Date, are hereby incorporated by reference. The following
Schedules and Exhibits are attached hereto and incorporated herein:
Schedule A Service Level Agreement and Support Services
Schedule B Service Order; Pricing
Landis+Gyr may update the terms set forth in Schedules A and B provided the updates do not (a)
result in a material degradation of the overall security of the SaaS Service; (b) expand the scope of
or remove any restrictions on Landis+Gyr’s Processing of Customer Data as described in the
Landis+Gyr Cloud Data Processing and Security Terms, or (c) have a material adverse impact on
Customer’s rights in this Agreement. Such updates may be sent via a customer information letter
(CIL).
15.17 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an
original, but all of which together will be deemed to be one and the same agreement and will
become effective and binding upon the parties as of the Effective Date at such time as all the
signatories hereto have signed a counterpart of this Agreement. A signed copy of this Agreement
delivered by facsimile, e-mail or other means of electronic transmission (to which a signed PDF
copy is attached) will be deemed to have the same legal effect as delivery of an original signed
copy of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
Effective Date by their duly authorized representatives.
Landis+Gyr Technology, Inc. City of Grand Island Utilities
By: {{Sig_es_:signer2:signature}} By: {{Sig_es_:signer1:signature}}
Name: {{Name2_es_:signer2:fullname}} Name: {{Name1_es_:signer1:fullname}}
Title: {{Sig_es_:signer2:title}} Title: {{Sig_es_:signer1:title}}
Date: {{Dte2_es_:signer2:date}} Date: {{Dte1_es_:signer1:date}}
By: {{Sig_es_:signer3:signature}}
Name: {{Name3_es_:signer3:fullname}}
Title: {{Sig_es_:signer3:title}}
Date: {{Dte3_es_:signer3:date}}
Jeff Fanning (Apr 11, 2023 14:03 EDT)
Jeff Fanning
Jeff Fanning
VP, Software & Services
Apr 11, 2023
Gina Garner (Apr 11, 2023 16:26 EDT)
Gina Garner
Gina Garner
VP, Commercial Operations
Apr 11, 2023
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SCHEDULE A
SERVICE LEVEL AGREEMENT
AND
SUPPORT SERVICES
All capitalized terms that are not defined in this Schedule will have the respective meanings given to such
terms in the SaaS Agreement.
16. Definitions. For purposes of this Schedule the following terms have the meanings set forth below.
“Error” means any reproducible material error or defect in the SaaS Services that causes it not to
conform in material respects to the Documentation.
"Error Corrections” means modifications that correct Errors.
“Service Levels” means the defined Error severity levels and corresponding required service level
responses and response times referred to in the Service Level Table.
“Service Level Table” means the table set out in Section 2.4.
“Support Period” means the Service Order Term as set forth in the applicable Service Order.
17. Availability Requirement. Subject to the terms and conditions of the SaaS Agreement and this
Schedule, Landis+Gyr will use commercially reasonable efforts to make the SaaS Services Available, as
measured over the course of each calendar month during the Support Period and any additional periods
during which Landis+Gyr does or is required to perform any SaaS Services(each such calendar month, a
“Service Period”), at least 99.5% of the time, excluding only the time the SaaS Services are not
Available solely as a result of one or more Exceptions (“Availability Requirement”). “Available” means
the SaaS Services are available and operable for normal access and use by Customer and its Authorized
Users over the Internet in material conformity with the Documentation.
17.1 Exceptions. No period of SaaS Service degradation or inoperability will be included in calculating
Availability Requirement to the extent that such downtime or degradation is due to any of the
following (“Exceptions”):
(a) Customer's use of the SaaS Services not in accordance with Permitted Uses;
(b) failures of Customer's or its Authorized Users' Internet connectivity;
(c) internet or other network traffic problems other than problems arising in or from networks
actually or required to be provided or controlled by Landis+Gyr or its Subcontractor;
(d) Customer's or any of its Authorized Users' failure to meet any minimum hardware or
software requirements set forth in the Documentation;
(e) Force Majeure Event;
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(f) Failure, interruption, outage or other problem with any software, hardware, system,
network, facility or other matter not supplied by Landis+Gyr pursuant to the SaaS
Agreement or this Schedule.
(g) Scheduled Downtime;
(h) Suspension or termination of the SaaS Services pursuant to Section 3.4 of the SaaS
Agreement; or
(i) Time down required to install an emergency patch for a security vulnerability or similar
emergency.
18. Support and Maintenance Services. Landis+Gyr will provide Landis+Gyr’s standard maintenance
and support services for the SaaS Services (collectively, “Support Services”) during the support hours
throughout the Support Period in accordance with the terms and conditions of this Schedule and the SaaS
Agreement. The Support Services are included in the Services, and Landis+Gyr will not assess any
additional fees, costs or charges for such Support Services.
18.1 Support Service Responsibilities. Landis+Gyr will:
(a) respond to Support Requests in accordance with the Service Levels;
(b) provide responsive telephone or email support as set forth in Section 3.6.
(c) Provide online access to technical support bulletins and other user support information and
forums, to the full extent Landis+Gyr makes such resources available to its other customers.
18.2 Service Monitoring and Management. Landis+Gyr will continuously monitor and manage the SaaS
Services to optimize Availability (defined herein) that meets or exceeds the Availability
Requirement. Such monitoring and management will include:
(a) proactively monitoring on a twenty-four (24) hour by seven (7) day basis all SaaS Service,
infrastructure and other components of SaaS Service security;
(b) if such monitoring identifies, or Landis+Gyr otherwise becomes aware of, any circumstance
that is reasonably likely to threaten the Availability of the SaaS Service, taking all necessary
and reasonable remedial measures to eliminate such threat and ensure Availability;
(c) if Landis+Gyr receives knowledge that the SaaS Service or any SaaS Service function or
component is not Available (including by notice from Customer pursuant to the procedures
set forth herein or in the applicable Service Order):
i. Landis+Gyr will confirm the outage by a direct check of the associated facility or
facilities;
ii. if Landis+Gyr's facility check in accordance with clause (i) above confirms a SaaS
Service outage in whole or in part: (A) notifying Customer pursuant to the procedures
set forth herein or in the applicable Service Order that an outage has occurred,
providing such details as may be available, including a Landis+Gyr trouble ticket
number, if appropriate, and time of outage; and (B) working all problems causing and
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caused by the outage until they are resolved as Critical Service Errors in accordance
with the Support Request Classification set forth in the Service Level Table.
iii. Landis+Gyr will continuously maintain the SaaS Services to optimize Availability that
meets or exceeds the Availability Requirement. Such maintenance services will
include providing to Customer and its Authorized Users:
a. such updates, bug fixes, enhancements, new releases, new versions and other
improvements to the SaaS Service, that Landis+Gyr provides at no additional
charge to Landis+Gyr’s other similarly situated customers. Specific upgrades
are set forth in the applicable Service Order; and
b. all such services and repairs as are required to maintain the SaaS Services or
are ancillary, necessary or otherwise related to Customer's or its Authorized
Users' access to or use of the SaaS Service, so that the SaaS Services operate
properly in accordance with this Agreement and the Documentation.
18.3 Scheduled Downtime. Landis+Gyr will use commercially reasonable efforts to: (a) schedule
downtime for routine maintenance of the Services outside of the hours of 7:00 AM – 7:00 PM
Central Standard Time, Monday – Friday and (b) notify Customer at least 48 hours (via email) prior
notice of all scheduled outages of the Services (“Scheduled Downtime”).
18.4 Service Levels.
Response times will be measured from the time Landis+Gyr receives a Support Request until the
respective times Landis+Gyr has responded to that Support Request. Landis+Gyr will respond to
all Support Requests within the following times based on Landis+Gyr’s designation of the severity
of the associated Error, in accordance with the Table below, subject to the parties’ written
agreement to revise such designation after Landis+Gyr’s investigation of the reported Error and
consultation with Customer:
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Description of
Incident
Supported Initial Response Subsequent Response Target Restoration Escalation
Severity 1 (Critical)
Production system is
completely down or
unavailable.
Business critical
applications or
service severely
impacted for which
there is no
reasonable work-
around
an error with no
reasonable work-
around that results
in a complete
disruption of daily
work
during a project or
upgrade, a non-
production
environment issue
that severely impacts
system use and
jeopardizes the
ability to meet
project schedule.
Severity Level 1
issues must be
reported by phone.
Non-stop
24/7/365
Within 60 minutes Every 2 hours 24 hours Supervisor: Immediately
Manager: 30 minutes
Director: 1 hour
VP: at Directors
discretion
Customer may escalate
at any time it feels
unacceptable progress is
being made
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Description of
Incident
Supported Initial Response Subsequent Response Target Restoration Escalation
Severity 2 (High)
production system is
functioning/available
but significantly
impacted with
limited capabilities,
or is unstable with
major periodic
interruptions
significant
degradation in
performance
major system
feature/function
failure for which
there is no
reasonable work-
around
during a project or
upgrade, a non-
production
environment issue
that meets the
above definitions
where resolution is
needed to meet
business objectives
and the ability to
meet project
schedule.
As needed
24/7/365
Within 4 hours 1 calendar day 7 calendar days Supervisor: 1 hour
Manager: 2 hours
Director: at Managers
discretion
VP: at Directors
discretion
Customer may escalate
at any time it feels
unacceptable progress is
being made
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Description of
Incident
Supported Initial Response Subsequent Response Target Restoration Escalation
Severity 3 (Medium)
production system is
still functioning but
capabilities are
moderately
impacted, or the
system is unstable
with minor periodic
interruptions or a
minor loss of
product functionality
there is a low to
medium impact to
business functions
but it is manageable
using a reasonable
work-around.
During business
hours
1 Business Day 3 Business Days 15 Business days If unable to be resolved,
Severity 3 issues will be
escalated to appropriate
levels of leadership at
the utilities request
Customer may escalate
at any time it feels
unacceptable progress is
being made
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Description of
Incident
Supported Initial Response Subsequent Response Target Restoration Escalation
Severity 4 (Low)
general usage
question, request for
information,
reporting of a
documentation
error, or
recommendation for
a future product
enhancement or
modification. There
is low-to-no impact
on the business or
the performance or
functionality of the
system.
During business
hours
3 Business Days 5 Business Days As decided jointly
between the business
and utility
If unable to be resolved,
Severity 4 issues will be
escalated to appropriate
levels of leadership at
the utilities request.
Customer may escalate
at any time it feels
unacceptable progress is
being made
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In order for Landis+Gyr to meet Target Response Times outlined above, Landis+Gyr customers should
make contact via telephone to report Critical or High issues. Any resolution of such Cases may take the
form of a written response, supplementary documentation, work-around, coding change, product patch, or
other correctional aids, which Landis+Gyr will provide to Customer. Landis+Gyr will respond to and
investigate any suspected Incident in the Cloud Software within the time provided above. Resolution of
such Incidents may take the form of a written response, supplementary documentation, work-around,
coding change, product patch, or other correctional aids, which Landis+Gyr will provide to Customer.
Should business requirements call for a more customized level of support, Landis+Gyr also offers
Premium Support packages, which include dedicated technical support, client management and executive
dashboard views to open technical views and more. Premium Support includes discounted rates for
additional Smart Grid service offerings as well. Pricing for Premium Support is based on an agreed scope
of work based on the options selected and can be quoted upon request.
18.5 Support Requests and Customer Obligations.
(a) Support Requests. Customer may request Support Services by way of a Support Request.
Customer will classify its requests for Error corrections in accordance with the severity
levels classifications and definitions of the Service Level Table set forth in Section 3.4
(“Support Request”). Customer will notify Landis+Gyr of each Support Request by e-
mail, telephone or such other means as the parties may agree to in writing. Customer will
include in each Support Request a description of the reported Error and the time Customer
first observed the Error. Customer agrees that Landis+Gyr may transfer Customer Data to
any of Landis+Gyr’s Affiliates subsidiaries or group entities for customer support purposes
even when such entities may be located outside the United States or Canada.
(b) Customer Obligations. Customer will, by and through its employee or consultants provide
Landis+Gyr with:
i. prompt notice of any Errors; and
ii. each of the following to the extent reasonably necessary to assist Landis+Gyr to
reproduce operating conditions similar to those present when Customer detected the
relevant Error and to respond to the relevant Support Request:
a. direct access to the Customer Systems and the Customer’s files and personnel;
b. output and other data documents and information, each of which is deemed
Customer’s Confidential Information as defined in the SaaS Agreement; and
c. such other reasonable cooperation and assistance as Landis+Gyr may request.
18.6 Service Desk Contact Information. Landis+Gyr will provide Customer with access to the Service
Desk. Landis+Gyr’s current Service Desk business hours are 7:00 AM to 6:00 PM Central Time,
Monday through Friday, excluding Landis+Gyr observed holidays (available upon request) and
weekends (“Business Hours”). In addition, emergency access to on-call personnel via
Landis+Gyr’s Emergency Dispatch Service will be provided by Landis+Gyr from 6:01 PM through
6:59 AM, and 24 hours per day on weekends and holidays. Landis+Gyr will provide advanced
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troubleshooting, via telephone or e-mail, as deemed necessary by qualified Landis+Gyr Personnel,
to resolve Customer issues.
18.7 Submission Method. Customer can contact the Service Desk through:
i. Telephone direct dial-in at 888.390.5733;
ii. Customer support portal, or
iii. E-mail at support.na@landisgyr.com
All contact information is subject to change and update by delivery of notice and by posting on the
Landis+Gyr Website at www.landisgyr.com.
19. Backup and Recovery. The SaaS Services do not replace the need for Customer to maintain
regular data backups or redundant data archives. Landis+Gyr will conduct or have conducted at
minimum, daily backups of Customer Data and perform or cause to be performed other periodic backups
(snapshots, differential backups, etc.). At least one (1) backup will be stored online (directly accessible).
Such copy will be less than one (1) week old and may be overwritten as it is replaced with newer
backups. Weekly backups are stored for a minimum of one (1) month. Monthly backups are stored in a
separate location for a minimum of one (1) year.
20. Business Continuity and Disaster Recovery Protection. Landis+Gyr will maintain an ongoing
Business Continuity (“BC”) program (that includes Risk Assessment) and Disaster Recovery (“DR”)
program for the SaaS Services and implement such plan in the event of unplanned interruption of the
SaaS Service.
21. Communications. In addition to the mechanisms for giving notice specified in the SaaS
Agreement, unless expressly specified otherwise in this Schedule or the SaaS Agreement, the parties may
use e-mail for communications on any matter referred to herein.
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SCHEDULE B
RESTATED
SERVICE ORDER NO. 1 AND PRICING
This Restated Service Order No. 1 (this “Service Order”) is part of and incorporated into the Amended
and Restated SaaS Agreement. All capitalized terms that are not defined in this Schedule will have the
respective meanings given to them in the SaaS Agreement. In the event of any conflict between the body
of the SaaS Agreement and this Service Order B, the terms of this Service Order will govern.
SCOPE OF SERVICE. Landis+Gyr will provide Customer with access to Services on the terms and
conditions set forth in the SaaS Agreement. Landis+Gyr will provide Services that will enable Customer
to access the Cloud Software.
1. Service(s) Description
The Cloud Software provided to Customer consists of the following items:
Command Center Production Environment (or its successor)
Advanced Security
Command Center Disaster Recovery Environment (or its successor)
Command Center Test/Dev Environment (or its successor)
2. Service Term
The initial term for this Service Order begins on the Effective Date and ends one hundred twenty (120)
months thereafter (the “Initial Service Order Term”).
Upon expiration of the Initial Service Order Term, this Schedule B will automatically renew for
successive three (3) year periods (each a “Renewal Term” and together with the Initial Service Order
Term, the “Service Order Term”), unless a party provides the other party with written notice of its
intent not to renew this Service Order at least ninety (90) days prior to the expiration of the then current
term.
3. Service Fee
3.1 The SaaS Services Fees, payable by Customer to Landis+Gyr, for the duration provided are
shown in the table(s) below (the “Initial Service Fees”):
Command Center Pricing Table RF MESH – Production
for up to 25,000 endpoints
Monthly fee
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
$1,995.00 $2,850.00 $3,645.00 $3,645.00 $3,645.00 $3,645.00 $3,645.00 $3,645.00 $3,645.00 $3,645.00
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For endpoints over 25,000 monthly SaaS Service Fees will be invoiced as shown below:
Tier Price / Month
25,000 – 50,000 $5,955.00
50,000 – 100,000 $9,455.00
Should Customer’s Endpoint population exceed 100,000 Endpoints, the parties will define an
applicable SaaS Services Fee.
4. Price Increases
Following the Initial Service Fee duration, Landis+Gyr is entitled to increase its Fees annually, with
the policy to follow the amount of increase in the Consumer Price Index – All Urban Consumers of
the Bureau of Labor Statistics of the U.S. Department of Labor for U.S. for All Items with Base Years
1982-1984=100. Those increases will be measured applying the twelve (12) month period ending in
the month for which the most recent index results are available as of that anniversary of the Effective
Date. In addition to this, Landis+Gyr is entitled to increase Fees once a year with an additional
percentage on top of it with a maximum of 5%. Not raising fees is not a waiver of Landis+Gyr’s right
to do so.
If Customer does not agree with this additional percentage, Customer has the possibility to object in
writing within 30 days of receiving notice of this additional increase in Fees. Should Customer object
timely, the Parties will discuss solutions.
5. Summary of Services Included in Service Order
Services are detailed in the SaaS Agreement. Services specific to this Service Order are detailed
below:
5.1 Project Coordination. To the extent applicable, Landis+Gyr will provide a project coordinator to
provide direction to Customer relating to Services such as during an Upgrade deployment.
Customer to provide primary point of contact to work with the project coordinator.
5.2 Installation and Configuration. Installing the Cloud Software in the cloud setup with standard
configurations. Custom configurations are available for an additional fee as detailed in an
applicable SOW.
5.3 Upgrades; End of Support. Landis+Gyr and Customer will mutually agree on an Upgrade
schedule for Cloud Software. Services include at least one (1) Cloud Software Upgrade per
calendar year. Customer agrees to remain on a Supported Release of Cloud Software. Cloud
Software DOES NOT INCLUDE any application or tools software running on local Customer
computers or other Customer equipment. Customer acknowledges that new features may be
added to the SaaS Services based on market demand and technological innovation. Accordingly,
as Landis+Gyr develops enhanced versions of the SaaS Service, Landis+Gyr may cease to
maintain and support older versions of the Cloud Software (“EOS). Landis+Gyr will use
commercially reasonable efforts to provide Support Services with respect to older version of the
Cloud Software that may accompany the SaaS Service. Landis+Gyr shall have no obligation to
support Cloud Software outside of Landis+Gyr’s stated EOS policy for the applicable Cloud
Software. Such EOS policies shall be made available to Customer either in the accompanying
Documentation or upon request and are subject to update from time to time in Landis+Gyr’s
reasonable discretion with no less than a twelve (12) month EOS notification period.
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Page 30
5.4 Integration(s). Landis+Gyr will provide integrations to third party systems for an additional fee
as detailed in the applicable SOW.
5.5 Data Availability. Landis+Gyr will make available on a live basis at least 45 days of Customer
Data. Data older than 45 days will be archived and available to Customer upon request (additional
fees may apply). Archive data will be retained for a minimum of one (1) year unless otherwise
mutually agreed upon.
5.6 Process Pass Through Fees. Landis+Gyr will process and invoice Customer for any mutually
agreed upon pass through fees as applicable such as communication fees.
6. Customer Responsibilities:
6.1 Conduct Network Gateway Field Maintenance. Customer will perform field maintenance work
on the Meters/modules and Network Gateways. This includes, but is not limited to, updating the
Network Gateway, and other Field Tools software to the latest version.
6.2 Interface Billing data to Customer Billing System. Customer is responsible for executing the
Billing Extract file utilizing the functionality built into the Cloud Software and loading it into
Customer’s billing system. Customer is also responsible for any exception processing that is
associated with endpoints that do not have billing data available for a particular billing cycle
window.
6.3 Provide Network Gateway Communication. Customer is responsible for purchasing and
physically maintaining all Network Gateway communications infrastructure as applicable.
6.4 Administer Login and Passwords. Customer is responsible for assigning security officer(s),
administering all Software logins and passwords, to provide Customer-selected configurations
and to maintain access rights for the Customer’s employees.
6.5 Support Utility Consumer. Customer is responsible for handling all support for Customer’s own
end-use consumers. Landis+Gyr will not provide any support regarding billing inquiries or any
other matter for end-use consumers.
6.6 Install and Upgrade Endpoint Programmer Software. Customer is responsible to load and
maintain Endpoint Programmer Software on desired hardware at Customer’s location including
ETM, RadioShop, Tech Studio and other field tools.
6.7 Loading Files. Customer is responsible for loading MMF (Meter Manufacture Files), IIF
(Interchange File Format) and CIF (Customer Information Files) files to Cloud Software.
6.8 Application Administration. Customer is responsible to provide Customer-selected configurations
and maintain access rights.
6.9 Application Operations. Customer is responsible to provide daily business operations of the
Cloud Software monitoring jobs; reporting; coordination of issues, etc.
6.10 IT coordination. Customer is responsible to coordinate management of interfaces to connected
Customer Systems.
6.11 Upgrades. Customer is responsible to validate upgrades to Cloud Software.
6.12 No Collection or Storage of PII. The Services under this Service Order does not collect nor store
Personal Data (also referred to as PII). Customer agrees that it will not send or provide
Landis+Gyr access to any PII, whether in data or any other form. Customer agrees to be fully
responsible for reasonable costs and other amounts that Landis+Gyr may incur relating to any
Page 75 of 169
Page 31
such information mistakenly provided to Landis+Gyr or the loss or disclosure of such information
by Landis+Gyr, including those arising out of any third-party claims. Should Customer
mistakenly provide PII to Landis+Gyr, Customer will immediately notify Landis+Gyr in writing
in accordance with the notice provisions herein, and reasonably cooperate with Landis+Gyr to
take any mitigating actions deemed necessary to remove such PII from the Landis+Gyr Systems.
Should Customer wish to utilize PII, it will enter into a separate Service Order for Landis+Gyr’s
Meter Data Management System Cloud Software.
Page 76 of 169
R E S O L U T I O N 2023-116
WHEREAS, the Utility Department has installed an estimated 16,700 Landis+Gyr
meters which are all maintained under the current Software as a Service Agreement with
Landis+Gyr; and
WHEREAS, on October 23, 2012, Council agreed to a 3-year agreement with
Landis+Gyr to maintain its AMI meter network, with the contract being extended at the April 26,
2016 Council meeting, which will expire on June 1, 2023; and
WHEREAS, Landis+Gyr has provided a ten year proposal for an extension of the
server hosting services with the total cost contingent on the number of meters deployed, but is
estimated at $467,610 over the ten year period.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the AMI Support Service Contract
Extension with Landis+Gyr is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract on behalf of the City of Grand Island and to take all other actions
necessary to effect the purpose of this resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
____________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 77 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.g.
Subject: #2023-117 - Approving Joint Trench Agreement with Allo
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: The Utilities Department installs underground electrical infrastructure
in new subdivisions as they are developed. Allo has expressed interest in installing
their infrastructure in the same trench. In order to be fair with Allo and other
communication companies, it was determined that an agreement was needed. This
agreement covers the logistics of joint trench arrangements as well as a fee that is
specified in the fee schedule. This fee covers the added logistical requirements in
addition to assessing private entities a prorated portion of the excavation and backfilling
expenses.
DISCUSSION: A Joint Trench fee was added to the fee schedule during the February
28, 2023 Council meeting. A standard Joint Trench Agreement was developed and
approved by the City Attorney. This agreement was then sent to Allo for their
consideration. The Utilities Department recommends that the Council authorize the
execution of the Joint Trench Agreement with Allo.
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
Joint Trench Agreement with Allo.
Page 78 of 169
SAMPLE MOTION: Move to approve the resolution authorizing the Mayor to execute
the Joint Trench agreement with Allo.
ATTACHMENTS:
1. Agreement
2. Resolution
Page 79 of 169
Page 80 of 169
Page 81 of 169
Page 82 of 169
Page 83 of 169
R E S O L U T I O N 2023-117
WHEREAS, the Utilities Department installs underground electrical infrastructure
in new subdivisions as they are developed and Allo has expressed interest in installing their
infrastructure in the same trench; and
WHEREAS, a Joint Trench fee was added to the fee schedule during the February
28, 2023 Council meeting; and
WHEREAS, a Joint Trench Agreement was developed and approved by the city
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Joint Trench Agreement with Allo
is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract on behalf of the City of Grand Island and to take all other actions
necessary to effect the purpose of this resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
____________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 84 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.h.
Subject: #2023-118 - Approving Joint Trench Agreement with Charter
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: The Utilities Department installs underground electrical infrastructure
in new subdivisions as they are developed. Historically, the department has allowed
Charter to install their equipment in the same trench at no cost. With interest from other
communication companies to do the same, it was determined that an agreement was
needed. This agreement covers the logistics of joint trench arrangements as well as a
fee that is specified in the fee schedule. This fee covers the added logistical
requirements in addition to assessing private entities a prorated portion of the
excavation and backfilling expenses.
DISCUSSION: A Joint Trench fee was added to the fee schedule during the February
28, 2023 Council meeting. A standard Joint Trench Agreement was developed and
approved by the City Attorney. This agreement was then sent to Charter for their
consideration. The Utilities Department recommends that the Council authorize the
execution of the Joint Trench Agreement with Charter.
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
Joint Trench Agreement with Charter.
Page 85 of 169
SAMPLE MOTION: Move to approve the resolution authorizing the Mayor to execute
the Joint Trench agreement with Charter.
ATTACHMENTS:
1. Agreement
2. Resolution
Page 86 of 169
Page 87 of 169
Page 88 of 169
Page 89 of 169
Page 90 of 169
R E S O L U T I O N 2023-118
WHEREAS, the Utilities Department installs underground electrical infrastructure
in new subdivisions as they are developed and Charter has historically installed their
infrastructure in the same trench at no cost; and
WHEREAS, other communication companies have expressed interest in doing the
same, so it was determined that an agreement was needed; and
WHEREAS, a Joint Trench fee was added to the fee schedule during the February
28, 2023 Council meeting; and
WHEREAS, a Joint Trench Agreement was developed and approved by the city
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Joint Trench Agreement with
Charter is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract on behalf of the City of Grand Island and to take all other actions
necessary to effect the purpose of this resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
____________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 91 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.i.
Subject: #2023-119 - Awarding Bid for Supply and Delivery of Powder Activated
Carbon
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: The Platte Generating Station installed a Powdered Activated Carbon
(PAC) injection system in the fall of 2014 to comply with the new mercury emissions
regulations. This system injects a PAC material with specific design specifications into
the flue gas to capture and remove the mercury. Plant staff developed a request for
proposals for the purchase of PAC material for a period of May 1, 2023 through April
30, 2026. The specification included a trial period requiring testing of any proposed
products to verify their suitability in our system and assure compliance with the
associated environmental regulations. The station uses up to 300,000 pounds of this
material each year.
DISCUSSION: The request for proposals for the Supply and Delivery of Powder
Activated Carbon for Platte Generating Station was publicly advertised in accordance
with the City’s Purchasing Code. Proposals from the following firms were received on
April 13, 2023:
Norit Activated Carbon, Marshall, Texas
ADA Carbon Solutions, Greenwood Village, Colorado
Atlas Carbon, New Orleans, Louisiana
Univar Solutions, Inc., Kent, Washington
The Department evaluated proposals both on the basis of cost and suitability of the
product in meeting the system requirements and specifications. Utilities staff evaluation
of the proposals determined that Norit Activated Carbon provided a complete proposal
that was the most suitable to provide reliable and consistent operations of Platte
Generating Station. Although it is a ‘standard’ product, operation has shown it is
capable of reduced injection rates. Norit Activated Carbon was therefore determined to
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be the lowest and best overall proposal for the supply of Powder Activated Carbon to
the power station.
FISCAL IMPACT: The total Fiscal Impact is $600,000 for the contract. It will be paid out
$200,000 annually.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council award the
Supply and Delivery of Powder Activated Carbon 2023-2026 for the Platte Generating
Station to Norit Activated Carbon of Marshall, Texas for procurements through April 30,
2026.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. CONFIDENTIAL MEMO
2. Bid Summary
3. Resolution
Page 93 of 169
Council Agenda Memo
To:The Mayor and City Council
Agenda:City Council Meeting
Meeting Date:May 9, 2023
Subject: Supply and Delivery of Powder Activated Carbon to
Platte Generating Station 2023-2026
From:Ryan Schmitz, Interim Utilities Director
Stacy Nonhof, Assistant City Attorney
NOTICE OF CONFIDENTIALITY
This document contains information which is contractually held to be confidential.
The information regarding bid prices contained herein should not be disclosed,
duplicated, disseminated, published, or released without the prior approval of the
City Attorney.
Background: See non-confidential memo included in the Council packet.
Discussion: Pursuant to §27-9 of the City Code, the Utilities Department cannot
display pricing for RFP solicitations to the public prior to the contract being awarded.
Therefore, the information below is provided for your information.
Bidders Adjusted Injection Price per lb
Norit Activated Carbon, Marshall, TX $ 1.0228
ADA Carbon Solutions, Greenwood Village, CO $ 1.0320
Atlas Carbon, LLC, New Orleans, LA $ 1.3115
Univar Solutions, Inc., Kent, WA Declined to bid
Fiscal Impact: Budgetary Number = $200,000 per year
Cc: Lynn Mayhew, Asst. Utilities Director
Angi Schulte
Laura McAloon
THE FOLLOWING MEMO WILL BE SUPPLIED TO
COUNCIL UNDER SEPARATE COVER
Page 94 of 169
Stacy Nonhof
Page 95 of 169
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Stacy Nonhof, Purchasing Agent
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
SUPPLY AND DELIVERY OF POWDER ACTIVATED CARBON
RFP DUE DATE: April 13, 2023 at 4:00 p.m.
DEPARTMENT: Utilities
PUBLICATION DATE: March 29, 2023
NO. POTENTIAL BIDDERS: 3
PROPOSALS RECEIVED
Norit Activated Carbon Atlas Carbon, LLC
Marshall, TX New Orleans, LA
Univar Solutions, Inc. ADA Carbon Solutions
Kent WA Greenwood Village, CO
cc: Ryan Schmitz, Interim Utilities Director Karen Nagel, Utilities Secretary
Laura McAloon, Interim City Administrator Patrick Brown, Finance Director
Stacy Nonhof, Purchasing Agent Tylor Robinson, Plant Supt.
Angi Schultz, Utilities Secretary Christy Lesher, Utilities Secretary
P2432
Page 96 of 169
R E S O L U T I O N 2023-119
WHEREAS, the City of Grand Island invited sealed proposals for Supply and
Delivery of Powder Activated Carbon, according to plans and specifications on file with the
Utilities Department; and
WHEREAS, on April 13, 2023, proposals were received, opened and reviewed;
and
WHEREAS, Norit Activated Carbon of Marshall, Texas, submitted a bid in
accordance with the terms of the advertisement of bids and plans and specifications and all other
statutory requirements contained therein, such bid amount is based on the amount of product
needed which is approximately 300,000 pounds per year; and
WHEREAS, the contract would be from May 1, 2023 through April 30, 2026.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the contract with Norit Activated
Carbon for Supply and Delivery of Powder Activated Carbon is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to execute
the contract with Norit Activated Carbon for Supply and Delivery of Powder Activated Carbon,
and to take all other actions necessary to effect the purpose of this resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________
Roger G. Steele, Mayor
Attest:
___________________________
RaNae Edwards, City Clerk
Page 97 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.j.
Subject: #2023-120 - Approving Change Order #1 Burdick Station Demolition 2022
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: The Burdick Generating Station steam units have been
decommissioned since 2017. In 2021 the asbestos was removed from the
building. The demolition of the building is the last phase in preparing the site for any
future use. Black and Veatch was hired to write a specification for the demolition of the
building and preparing the site for future use.
The demolition of Burdick Station was awarded by Council on July 26, 2022 to Spirtas
Wrecking Company of St. Louis, Missouri in the amount of $938,313.33 per Resolution
2022-182. Additional proper compacting soil was needed to fill in the basement, more
than originally calculated in the specification, and additional work was needed to finish
the Burdick pumping station. This change order is to approve the additional soil and
pump house repairs.
DISCUSSION: The original contract provided for site soil testing. However, proper soil
was needed to properly prepare the site for later use. Separating the pump house
required additional repairs. These additions to the work scope will result in an
additional $110,324.00 for a final contract cost of $1,049,137.33.
FISCAL IMPACT: An additional $110,324.00 for a final cost of $1,049,137.33
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
Page 98 of 169
RECOMMENDATION: City Administration recommends authorizing Change Order #1
with Spirtas Wrecking Company of St. Louis, Missouri for the Burdick Station
Demolition 2022 for the addition of $110,324.00 to the contract price, for a total contract
price of $1,049,137.33.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Change Order
2. Resolution
Page 99 of 169
Page 100 of 169
Page 101 of 169
R E S O L U T I O N 2023-120
WHEREAS, at the July 26, 2022, Council meeting, Spirtas Wrecking Company,
was awarded the contact for the demolition of Burdick Station in the amount of $938,313.33; and
WHEREAS, additional proper compacting soil was needed to fill in the basement
and additional work was needed to finish the Burdick pumping station; and
WHEREAS, the actual cost for the additional soil and work will be an additional
$110,324.00 for a final contract cost of $1,049,137.33.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Change Order #1 with Spirtas
Wrecking Company, in the total amount of $1,049,137.33, is approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract on behalf of the City of Grand Island and to take all other actions
necessary to effect the purpose of this resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 102 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.k.
Subject: #2023-121 - Approving the EPA Representation Agreement - Assigning
New Designated Representative
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: In 1990, Congress instituted a much expanded program of emission
control, monitoring and reporting for major fossil burning facilities with passage of the
Clean Air Act Amendments of 1990. At the time, the primary focus of the increased
regulation was on sulfur emissions and the creation of the new sulfur emission
accounting and trading program known as the Acid Rain Program. Among the new
requirements were;
• Installation of continuous monitoring equipment on fuel burning equipment
• Extensive reporting of emissions and monitoring equipment performance and
calibration
• Creation of the sulfur emission trading system
• Assignment of emission allowances to existing facilities
• Development of trading and sale provisions to produce a market system for
trading the newly created commodity of sulfur allowances
• Detailed specifications for equipment operational accuracy and reliability with
extensive reporting requirements
• And other provisions included in this major legislation
Being operators of fossil fueled power plants, the City was included under the new
regulatory requirements. The 1990 Amendments shifted regulatory compliance from
obligating subject facilities to meet limits established by EPA, to requiring much
expanded monitoring and reporting to demonstrate emission limit compliance with
penalties associated with any failures in the monitoring and reporting, without regard for
the actual emission. With the much more complex requirements, the 1990
Amendments required the owner or operator of a source to appoint a “Designated
Representative” who was to have control and responsibility for the newly enacted
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regulatory compliance processes, and an “Alternate Designated Representative” to act
in the event the Designated Representative is not available.
Designated Representative Responsibilities;
Environmental Protection Agency rules governing the Designated Representative are
set forth in 40 CFR §72.20, Subpart B. These rules include the following:
1. The Designated Representative is defined as a “responsible person or official
authorized by the owner and operator of a unit to represent the owner and
operator in matters pertaining to the holding, transfer, or disposition of
allowances allocated to a unit, and the submission of and compliance with
permits, permit applications, and compliance plans for the unit.
2. That the Designated Representative “by his or her actions, inactions, or
submissions, legally bind each owner and operator of the affected source…”
3. That the “… owners and operators shall be bound by any order issued to a
Designated Representative by the Administrator, the permitting authority, or the
court.”
4. That “…where a particular violation resulted from acts or omissions that are
within the scope of the Designated Representative’s responsibilities, he will be
subject to liability for that violation.”
In the case of municipal ownership of power plants, there is an apparent conflict
between the federal mandate to have a Designated Representative who is a “natural
person” and who can “legally bind” and “be subject to liability for violation”; and
Nebraska law which does not permit the City Council to delegate its authority to any
individual. A notation to that affect was made on the required document submitted to
EPA.
After evaluation by the Utilities Department and the Legal Department of the City, the
decision was made to appoint the Interim Utilities Director as the Designated
Representative (DR) and the Regulatory and Environmental Manager as the Alternate
Designated Representative (ADR). The appointments were made by the City Council at
a regular session February 24, 2015, by execution of a Representative Agreement
document.
DISCUSSION: With the recent retirement of Timothy Luchsinger and subsequent
assignment of Ryan L. Schmitz as Interim Utilities Director, the City must appoint a new
Designated Representative (DR) to fulfill EPA requirements. Attached is a draft
“Representation Agreement”. Also attached are the Certificate of Representation to be
executed by the DR and ADR and an excerpt from the Federal Register 40 CRF §72.20
Subpart B-Designated Representative.
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
Page 104 of 169
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
Representation Agreement to the appointment of Ryan L. Schmitz as Designated
Representative.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Agreement
2. Title 40
3. Resolution
Page 105 of 169
Page 106 of 169
Page 107 of 169
Page 108 of 169
Title 40: Protection of Environment PART 72—PERMITS REGULATION
Subpart B—Designated Representative
§ 72.20 Authorization and responsibilities of the designated representative.
(a) Except as provided under §72.22, each affected source, including all affected units at the
source, shall have one and only one designated representative, with regard to all matters under the Acid Rain Program concerning the source or any affected unit at the source.
(b) Upon receipt by the Administrator of a complete certificate of representation, the designated
representative of the source shall represent and, by his or her representations, actions, inactions,
or submissions, legally bind each owner and operator of the affected source represented and each
affected unit at the source in all matters pertaining to the Acid Rain Program, not withstanding any agreement between the designated representative and such owners and operators. The
owners and operators shall be bound by any order issued to the designated representative by the
Administrator, the permitting authority, or a court.
(c) The designated representative shall be selected and act in accordance with the certifications
set forth in §72.24(a) (4), (5), (7), and (9).
(d) No Acid Rain permit shall be issued to an affected source, nor shall any allowance transfer be recorded for an Allowance Tracking System account of an affected unit at a source, until the
Administrator has received a complete certificate of representation for the designated
representative of the source and the affected units at the source.
[58 FR 3650, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006]
§ 72.21 Submissions.
(a) Each submission under the Acid Rain Program shall be submitted, signed, and certified by
the designated representative for all sources on behalf of which the submission is made.
(b) In each submission under the Acid Rain Program, the designated representative shall certify, by his or her signature:
(1) The following statement, which shall be included verbatim in such submission: “I am
authorized to make this submission on behalf of the owners and operators of the source or units
for which the submission is made.”
(2) The following statement, which shall be included verbatim in such submission: “I certify under penalty of law that I have personally examined, and am familiar with, the statements and
information submitted in this document and all its attachments. Based on my inquiry of those
individuals with primary responsibility for obtaining the information, I certify that the statements
and information are to the best of my knowledge and belief true, accurate, and complete. I am
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aware that there are significant penalties for submitting false statements and information or
omitting required statements and information, including the possibility of fine or imprisonment.”
(c) The Administrator and the permitting authority shall accept or act on a submission made on
behalf of owners or operators of an affected source and an affected unit only if the submission has been made, signed, and certified in accordance with paragraphs (a) and (b) of this section.
(d)(1) The designated representative of a source shall serve notice on each owner and operator of
the source and of an affected unit at the source:
(i) By the date of submission, of any Acid Rain Program submissions by the designated
representative and
(ii) Within 10 business days of receipt of a determination, of any written determination by the Administrator or the permitting authority,
(iii) Provided that the submission or determination covers the source or the unit.
(2) The designated representative of a source shall provide each owner and operator of an
affected unit at the source a copy of any submission or determination under paragraph (d)(1) of this section, unless the owner or operator expressly waives the right to receive such a copy.
(e) The provisions of this section shall apply to a submission made under parts 73, 74, 75, 76, 77,
and 78 of this chapter only if it is made or signed or required to be made or signed, in accordance
with parts 73, 74, 75, 76, 77, and 78 of this chapter, by:
(1) The designated representative; or
(2) The authorized account representative or alternate authorized account representative of a
compliance account.
[58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17113, Apr. 4, 1995; 70 FR 25334, May 12,
2005]
§ 72.22 Alternate designated representative.
(a) The certificate of representation may designate one and only one alternate designated
representative, who may act on behalf of the designated representative. The agreement by which
the alternate designated representative is selected shall include a procedure for the owners and
operators of the source and affected units at the source to authorize the alternate designated representative to act in lieu of the designated representative.
(b) Upon receipt by the Administrator of a complete certificate of representation that meets the
requirements of §72.24 (including those applicable to the alternate designated representative),
any representation, action, inaction, or submission by the alternate designated representative shall be deemed to be an action, representation, or failure to act by the designated representative.
Page 110 of 169
(c) In the event of a conflict, any action taken by the designated representative shall take
precedence over any action taken by the alternate designated representative if, in the
Administrator's judgement, the actions are concurrent and conflicting.
(d) Except in this section, §72.23, and §72.24, whenever the term “designated representative” is used under the Acid Rain Program, the term shall be construed to include the alternate designated representative.
(e)(1) Notwithstanding paragraph (a) of this section, the certification of representation may
designate two alternate designated representatives for a unit if:
(i) The unit and at least one other unit, which are located in two or more of the contiguous 48 States or the District of Columbia, each have a utility system that is a subsidiary of the same
company; and
(ii) The designated representative for the units under paragraph (e)(1)(i) of this section submits a
NOXaveraging plan under §76.11 of this chapter that covers such units and is approved by the
permitting authority, provided that the approved plan remains in effect.
(2) Except in this paragraph (e), whenever the term “alternate designated representative” is used
under the Acid Rain Program, the term shall be construed to include either of the alternate
designated representatives authorized under this paragraph (e). Except in this section, §72.23,
and §72.24, whenever the term “designated representative” is used under the Acid Rain Program,
the term shall be construed to include either of the alternate designated representatives authorized under this paragraph (e).
[58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28,
2006]
§ 72.23 Changing the designated representative, alternate designated representative; changes in the owners
and operators.
(a) Changing the designated representative. The designated representative may be changed at
any time upon receipt by the Administrator of a superseding complete certificate of representation. Notwithstanding any such change, all representations, actions, inactions, and
submissions by the previous designated representative prior to the time and date when the
Administrator receives the superseding certificate of representation shall be binding on the new
designated representative and on the owners and operators of the source represented and the
affected units at the source.
(b) Changing the alternate designated representative. The alternate designated representative
may be changed at any time upon receipt by the Administrator of a superseding complete
certificate of representation. Notwithstanding any such change, all representations, actions,
inactions, and submissions by the previous alternate designated representative prior to the time
and date when the Administrator receives the superseding certificate of representation shall be binding on the new alternate designated representative and on the owners and operators of the
source represented and the affected units at the source.
Page 111 of 169
(c) Changes in the owners and operators. (1) In the event an owner or operator of an affected
source or an affected unit is not included in the list of owners and operators submitted in the
certificate of representation, such owner or operator shall be deemed to be subject to and bound
by the certificate of representation, the representations, actions, inactions, and submissions of the designated representative and any alternative designated representative of the source or unit, and
the decisions, actions, and inactions of the Administrator and permitting authority, as if the
owner or operator were included in such list.
(2) Within 30 days following any change in the owners and operators of an affected unit,
including the addition of a new owner or operator, the designated representative or any alternative designated representative shall submit a revision to the certificate of representation amending the list of owners and operators to include the change.
[58 FR 3650, Jan. 11, 1993, as amended at 71 FR 25378, Apr. 28, 2006]
§ 72.24 Certificate of representation.
(a) A complete certificate of representation for a designated representative or an alternate
designated representative shall include the following elements in a format prescribed by the
Administrator:
(1) Identification of the affected source and each affected unit at the source for which the certificate of representation is submitted, including identification and nameplate capacity of each generator served by each such unit.
(2) The name, address, and telephone and facsimile numbers of the designated representative and
any alternate designated representative.
(3) A list of the owners and operators of the affected source and of each affected unit at the source.
(4) The following statement: “I certify that I was selected as the ‘designated representative’ or
‘alternate designated representative,’ as applicable, by an agreement binding on the owners and
operators of the affected source and each affected unit at the source.”
(5) [Reserved]
(6) The following statement: “I certify that I have all necessary authority to carry out my duties and responsibilities under the Acid Rain Program on behalf of the owners and operators of the
affected source and of each affected unit at the source and that each such owner and operator
shall be fully bound by my representations, actions, inactions, or submissions.”
(7) [Reserved]
Page 112 of 169
(8) The following statement: “I certify that the owners and operators of the affected source and
of each affected unit at the source shall be bound by any order issued to me by the Administrator,
the permitting authority, or a court regarding the source or unit.”
(9) The following statement: “Where there are multiple holders of a legal or equitable title to, or a leasehold interest in, an affected unit, or where a utility or industrial customer purchases power from an affected unit under a life-of-the-unit, firm power contractual arrangement, I certify that:
(i) “I have given a written notice of my selection as the ‘designated representative’ or ‘alternate
designated representative’, as applicable, and of the agreement by which I was selected to each
owner and operator of the affected source and of each affected unit at the source; and
(ii) “Allowances and proceeds of transactions involving allowances will be deemed to be held or
distributed in proportion to each holder's legal, equitable, leasehold, or contractual reservation or
entitlement, except that, if such multiple holders have expressly provided for a different
distribution of allowances by contract, that allowances and the proceeds of transactions involving
allowances will be deemed to be held or distributed in accordance with the contract.”
(10) [Reserved]
(11) The signature of the designated representative and any alternate designated representative
who is authorized in the certificate of representation and the date signed.
(b) Unless otherwise required by the Administrator or the permitting authority, documents of
agreement or notice referred to in the certificate of representation shall not be submitted to the Administrator or the permitting authority. Neither the Administrator nor the permitting authority
shall be under any obligation to review or evaluate the sufficiency of such documents, if
submitted.
[58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28,
2006; 70 FR 25334, May 12, 2005; 72 FR 59205, Oct. 19, 2007]
§ 72.25 Objections.
(a) Once a complete certificate of representation has been submitted in accordance with §72.24,
the Administrator will rely on the certificate of representation unless and until a superseding
complete certificate is received by the Administrator.
(b) Except as provided in §72.23, no objection or other communication submitted to the
Administrator or the permitting authority concerning the authorization, or any representation,
action, inaction, or submission, of the designated representative shall affect any representation,
action, inaction, or submission of the designated representative, or the finality of any decision by the Administrator or permitting authority, under the Acid Rain Program. In the event of such communication, the Administrator and the permitting authority are not required to stay any
allowance transfer, any submission, or the effect of any action or inaction under the Acid Rain
Program.
Page 113 of 169
(c) Neither the Administrator nor any permitting authority will adjudicate any private legal
dispute concerning the authorization or any submission, action, or inaction of any designated
representative, including private legal disputes concerning the proceeds of allowance transfers.
[58 FR 3650, Jan. 11, 1993, as amended at 62 FR 55480, Oct. 24, 1997; 71 FR 25378, Apr. 28, 2006]
§ 72.26 Delegation by designated representative and alternate designated representative.
(a) A designated representative may delegate, to one or more natural persons, his or her authority
to make an electronic submission (in a format prescribed by the Administrator) to the Administrator provided for or required under this part and parts 73 through 77 of this chapter.
(b) An alternate designated representative may delegate, to one or more natural persons, his or
her authority to make an electronic submission (in a format prescribed by the Administrator) to
the Administrator provided for or required under this part and parts 73 through 77 of this chapter.
(c) In order to delegate authority to make an electronic submission to the Administrator in accordance with paragraph (a) or (b) of this section, the designated representative or alternate
designated representative, as appropriate, must submit to the Administrator a notice of
delegation, in a format prescribed by the Administrator, that includes the following elements:
(1) The name, address, e-mail address, telephone number, and facsimile transmission number (if
any) of such designated representative or alternate designated representative;
(2) The name, address, e-mail address, telephone number, and facsimile transmission number (if
any) of each such natural person (referred to as an “agent”);
(3) For each such natural person, a list of the type or types of electronic submissions under
paragraph (a) or (b) of this section for which authority is delegated to him or her; and
(4) The following certification statements by such designated representative or alternate designated representative, as appropriate:
(i) “I agree that any electronic submission to the Administrator that is by an agent identified in
this notice of delegation and of a type listed for such agent in this notice of delegation and that is
made when I am a designated representative or alternate designated representative, as appropriate, and before this notice of delegation is superseded by another notice of delegation under 40 CFR 72.26(d) shall be deemed to be an electronic submission by me.”
(ii) “Until this notice of delegation is superseded by another notice of delegation under 40 CFR
72.26(d), I agree to maintain an e-mail account and to notify the Administrator immediately of
any change in my e-mail address unless all delegation of authority by me under 40 CFR 72.26 is terminated.”
Page 114 of 169
(d) A notice of delegation submitted under paragraph (c) of this section shall be effective, with
regard to the designated representative or alternate designated representative identified in such
notice, upon receipt of such notice by the Administrator and until receipt by the Administrator of
a superseding notice of delegation submitted by such designated representative or alternate designated representative, as appropriate. The superseding notice of delegation may replace any
previously identified agent, add a new agent, or eliminate entirely any delegation of authority.
(e) Any electronic submission covered by the certification in paragraph (c)(4)(i) of this section
and made in accordance with a notice of delegation effective under paragraph (d) of this section
shall be deemed to be an electronic submission by the designated representative or alternate designated representative submitting such notice of delegation.
[71 FR 25378, Apr. 28, 2006]
Page 115 of 169
R E S O L U T I O N 2023-121
WHEREAS, the City of Grand Island’ Platte Generating Station and C. W.
Burdick Power Station are subject to regulation under the Clean Air Act, as amended;
WHEREAS, in 1990, Congress instituted an expanded program of emission
control, monitoring and reporting for major fossil burning facilities with passage of the Clean Air
Act Amendments of 1990; and
WHEREAS, as a requirement of the Clean Air Act Amendments of 1990, an
appointment of a “Designated Representative” is necessary to have control and responsibility for
the enacted regulatory compliance process. It is further required that an “Alternate Designated
Representative” be appointed to act in the event the Designated Representative is not available;
and
WHEREAS, with the appointment of Ryan L. Schmitz as the Interim Utilities
Director, it would be in the best interest of the City appoint him as the Designated Representative
and retain the Regulatory and Environmental Manager, Scott Sekutera, as the Alternate
Designated Representative.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the appointment of Interim Utilities
Director Ryan L. Schmitz as the Designated Representative and the retention the Regulatory and
Environmental Manager, Scott Sekutera, as the Alternate Designated Representative for the City
of Grand Island, in compliance with the Clean Air Act are hereby approved.
BE IF FURTHER RESOLVED THAT the Mayor is hereby authorized and
directed to execute the Representation Agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
______________________________
RaNae Edwards, City Clerk
Page 116 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.l.
Subject: #2023-122 - Approving Water Main District 398T - Determining Revisions for
Connection Fees
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: The referenced District was completed in March 1992. The
construction provided for the installation of a 20” dia. water main in North Road
between Potash Hwy and Stolley Park Road. The main provides Municipal water
service to the adjacent properties and was an integral part of general improvements to
the water system.
The work was done as a connection fee (tap) district. This is the standard method used
by the City to recoup costs when water mains are installed along undeveloped lands.
Those fees are due when a property “taps” the main for service.
Connection fees were based on the cost of an 8” dia. main, the minimum size
necessary to serve the potable needs of properties adjacent to the main. Due to the
various sizes of the tracts of land within the District’s boundary, half of the fee was
based on front footage and half on square footage for each tract.
DISCUSSION: At the time of construction, the entire NE1/4 of the NE1/4 of Section 23
T11N R10W, with the exception of a 300’ x 330’ lot in the SE corner, was a single tract
of land. As the property was vacant, without any service taps being made, the
connection fee remained outstanding.
Recently, the Western part of this tract was purchased by 3MJR, LLC, and platted as
Jaxson Subdivision.The re-configuration of the original assessment now has four
subdivided lots and two parcels of land adjacent to Old Potash Highway and North
Road. Additionally, there are twelve lots that are not adjacent to either roadway but will
be serviced by the aforementioned water main. Attached Exhibit A shows the existing
lots and parcels.
Page 117 of 169
Therefore, to provide equity in repayment of connection fees due from District 398T, it
is recommended that the Council reconvene as a Board of Equalization for Lots 1
through 16 of Jaxson Subdivision, Parcel No. 400201001, and Parcel No. 400200933.
The original connection fees were computed on 1/2 square footage and 1/2 front
footage for each tract of land. The square foot cost was $0.0315948 and the front foot
cost is $8.7037317. Below are the fees as originally figured for the original assessment
on the land:
Subdivision/Section Sq Ft Front
Foot Sq Ft Fee FF Fee Total Fee
N377.18' of
NE1/4NE1/4 and E333'
of NE1/4 NE1/4, except
the Southerly 300', Sec
23-11-10
647,163 2,274.0 $20,446.99 $19,792.29 $40,239.28
It is suggested that the original connection fee of $40,239.28 be divided between Jaxon
Subdivision, Parcel No. 400201001, and Parcel No. 400200933 on front footage.
Furthermore, the assessment allocated to Jaxson Subdivision should be equally
distributed across the sixteen platted lots on a square foot basis. This computes to
$0.04875 per square foot and provides equity for the newly subdivided properties.
Subdivision/Section Lot Sq Ft FF Total Fee
Jaxson Subdivision 1 18,856.94 $ 919.30
Jaxson Subdivision 2 15,876.00 $ 773.98
Jaxson Subdivision 3 15,876.00 $ 773.98
Jaxson Subdivision 4 15,876.00 $ 773.98
Jaxson Subdivision 5 24,992.72 $ 1,218.43
Jaxson Subdivision 6 24,992.06 $ 1,218.40
Jaxson Subdivision 7 24,991.40 $ 1,218.37
Jaxson Subdivision 8 29,032.96 $ 1,415.40
Jaxson Subdivision 9 24,511.24 $ 1,194.96
Jaxson Subdivision 10 21,560.00 $ 1,051.08
Jaxson Subdivision 11 21,560.00 $ 1,051.08
Jaxson Subdivision 12 21,560.00 $ 1,051.08
Jaxson Subdivision 13 18,268.70 $ 890.62
Jaxson Subdivision 14 18,268.81 $ 890.63
Jaxson Subdivision 15 18,268.92 $ 890.64
Jaxson Subdivision 16 20,304.56 $ 989.88
Parcel No. 400201001 1,243.92 $ 22,472.23
Parcel No. 400200933 80.00 $ 1,445.24
Total $40,239.28
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
Page 118 of 169
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council sit as a Board
of Equalization on June 13, 2023, to re-establish the connection fees for Lots 1 through
16 of Jaxson Subdivision, Parcel No. 400201001, and Parcel No. 400200933 (Water
Main District 398T), in the City of Grand Island, Nebraska.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Exhibit
2. Resolution
Page 119 of 169
Page 120 of 169
R E S O L U T I O N 2023-122
WHEREAS, Water Main District 398T was completed in March 1992 and
provided for the installation of a 20” diameter water main in North Road between Potash
Highway and Stolley Park Road; and
WHEREAS, the work done as a connection (tap) district; and
WHEREAS, at the time of construction, the entire NE1/4 of the NE1/4 of Section
23 T11N R10W, with the exception of a 300’ x 300’ lot in the SE corner, was a single tract of
land, with an outstanding connection fee; and
WHEREAS, the original connection fee to the tract was $40,239.28; and
WHEREAS, the western part of this tract was purchased by 3MJR, LLC, and
platted as Jaxson Subdivision, consisting of sixteen (16) lots; and
WHEREAS, it is recommended the connection fee be split between the current
sixteen (16) lots, and 2 (two) parcels, based on the redistribution of land.
Water Main District No. 398T - Assessments
Page 121 of 169
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City Council will sit as a Board of
Equalization on June 13, 2023, to re-establish connection fees for Water Main District No. 398T.
---
Adopted by the City Council of the City of Grand Island, Nebraska, on May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 122 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 8.m.
Subject: #2023-123 - Approving Revised Statement of Work with Volkmann
Consulting
Staff Contact: Ryan Schmitz, Stacy Nonhof
BACKGROUND: In 2015, City Council approved a contract with Volkmann Consulting
to help ensure compliance with current and upcoming North American Electric
Reliability Corporation (NERC) standards. The number of standards continues to
increase and having a consultant that stays abreast of upcoming changes is important
to reduce the risk of non-compliance. Since that contract was executed, the average
amount spent annually for these services is approximately $25,000. Internally, Grand
Island Utilities has an employee that serves as the point person to work with Volkmann
Consulting and internal Subject Matter Experts (SME) to manage the compliance
program. With that person retiring at the end of June, various options were explored to
ensure that compliance was maintained until a replacement could be hired.
DISCUSSION: City staff recommends that the role Volkmann Consulting plays in the
compliance program be expanded. This increased role involves additional quarterly site
visits as well as spot checks to ensure that the various SMEs are keeping up with
required assignments and deadlines. The revised Statement of Work (SOW) will
replace the SOW that was approved with the contract in 2015. The estimated annual
expenses for the additional work are $52,300. Billing will be based upon actual hours
worked.
FISCAL IMPACT: Estimated $52,300 per year
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
Page 123 of 169
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
revised SOW with Volkmann Consulting for NERC Compliance Consulting.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Statement of Work
2. Resolution
Page 124 of 169
1
STATEMENT OF WORK NO. 02
This Statement of Work No. 02 (“SOW”) is submitted pursuant to the Consulting Services
Agreement between The City of Grand Island (“Client”) and Volkmann Consulting, INC.
(“Consultant”), effective as of October 27, 2015 (the “Agreement”), which is incorporated herein by
reference. Any capitalized term used herein but not defined herein shall have the meaning assigned to
such term in the Agreement. In the event of a conflict or ambiguity between any term of this SOW and
the Agreement, the terms of the Agreement shall prevail.
Description of Services and Approach:
Task 1
Complete resolution of the GAP analysis which includes assist GRIS with procedures and
documentation to solidify compliance. Continual NERC Compliance support through monthly meetings
with SMEs (one on-site per quarter with remaining by teleconference).
Task 2
Stay abreast of standards and compliance developments (NERC and SPP) as they relate to GRIS and
assist in compliance with new NERC standards and SPP requirements.
Task 3
Assist GRIS in Self Certifications, Spot Checks, and other requests and assist with mitigation of any non-
compliance findings.
Activity Hours (Annual)Cost Trip
(Annual)
Total Cost
(Annual)
Task 1 180.00 $27,000 $9,200 $36,200
Task 2 64.00 $9,600 $2,300 $11,900
Task 3 20.00 $3,000 $3,000
Project management 8.00 $1,200.00 $1,200.00
Subtotal 272.00 $40,800 $11,500 $52,300
Period Cost Trip
(Annual)
Total Cost
(Annual)
2023 estimate June to December $23,800 $6,900 $30,700
2024 estimate January to December $40,800 $11,500 $52,300
2025 estimate To be revalidated
Period of Performance: Upon ratification, SOW #1 is cancelled and SOW #2 will be in effect from
June 1, 2023 to until cancelled per either party under the term of the Agreement.
Consultant shall not be authorized to perform any work prior to or after the dates specified in this section
and Client shall not be responsible for payment of any work performed prior to or after such dates,
unless such dates are specifically mended by mutual written agreement between the parties.
Page 125 of 169
2
Key Employees: Terry Volkmann and Peg Abbadini
Pre-Existing Materials: None
Expected Deliverables:
Task 1: As determined by Client and Consultant
Task 2: As determined by Client and Consultant
Task 3: As determined by Client and Consultant
Technical and Functional Specifications: Current and future FERC approved NERC Reliability
Standards for Registered Entities and SPP data requirements
Training, Support, and Costs: As determined by the Client.
Maintenance: None
Acceptance Standards: None
Licenses: None
Additional Services: As agreed to by Consultant and Client and only through addendum to the contract.
Total Dollar Value and Expenditure Limit: These costs are not to exceed costs and the GRIS will be
billed for only the time spent at a rate of $150 per hour for all on-going work. Expenses will be a flat
$2300 per person per trip to Grand Island.
Type of Contract and Payment Terms: Consultant will invoice Client on a Quarterly basis. Payment
by Client will be due within one month of receiving invoice.
Approved Incidental Travel Costs: Unless otherwise set forth in this SOW, Client will reimburse
Consultant for expenses at a flat rate of $2300 per person per trip to Grand Island. For the on-going
work, it is expected that only one of the Consultant will be on-site each quarter.
Accepted and agreed to:
The City of Grand Island
By: _________________________
Name: ________________________
Title: _________________________
Date: _________________________
Accepted and agreed to:
Volkmann Consulting, Inc.
By: __________________________
Name: __Terry L. Volkmann _____
Title: __President_______________
Date: __5-01-2023_______
Page 126 of 169
R E S O L U T I O N 2023-123
WHEREAS, on October 27, 2015, City Council approved a contract with
Volkmann Consulting to help ensure compliance with current and upcoming North American
Electric Reliability Corporation (NERC) standards; and
WHEREAS, the City employee designated to serve as the point person to work
with Volkmann Consulting will be retiring at the end of June; and
WHEREAS, the revised Statement of Work (SOW) will replace the 2015 SOW
and will cost an estimated additional $52,300.00 each year.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the Statement of Work with
Volkmann Consulting is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such contract on behalf of the City of Grand Island and to take all other actions
necessary to effect the purpose of this resolution.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
____________________________________
Roger G. Steele, Mayor
Attest:
_______________________________
RaNae Edwards, City Clerk
Page 127 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 9.a.
Subject: Public Hearing on Request from Bar Box Billiards Bar-N-Grill, LLC dba Bar
Box Billiards Bar-N-Grill, 2548 Carleton Ave for a Class "C" Liquor License
#2023-124 - Approving Request from Bar Box Billiards Bar-N-Grill, LLC dba Bar Box
Billiards Bar-N-Grill, 2548 Carleton Ave for a Class "C" Liquor License and Suzanne
Bowden, 4115 W. Faidley Ave for Liquor Manager Designation
Staff Contact: RaNae Edwards
BACKGROUND: Section 4-2 of the Grand Island City Code declares the intent of the
City Council regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting and
administering the provisions of this chapter:
(a) To express the community sentiment that the control of availability of alcoholic liquor
to the public in general and to minors in particular promotes the public health, safety,
and welfare;
(b) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(c) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes and
offenses is kept to a minimum.
DISCUSSION: Bar Box Billiards Barn-N-Grill, LLC dba Bar Box Billiards Bar-N-Grill,
2548 Carleton Avenue has submitted an application for a Class “C” Liquor License. A
Class “C” Liquor License allows for the sale of alcohol on and off sale inside the
corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Page 128 of 169
Commission for issuance of all licenses. This application has been reviewed by the
Clerk, Building, Fire, Health, and Police Departments. See attached Police Department
report.
Also submitted was a request for Liquor Manager Designation for Suzanne Bowden,
4115 West Faidley Avenue, Grand Island, Nebraska. Ms. Bowden has completed a
state approved alcohol server/seller training program. Staff recommends approval of
the liquor license contingent upon final inspections and liquor manager designation for
Suzanne Bowden, 4115 West Faidley Avenue, Grand Island, Nebraska.
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: Based on the Nebraska Liquor Control Commission’s criteria for
the approval of Liquor Licenses, City Administration recommends that the Council
approve this application.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Police Report
2. Map
3. Resolution
Page 129 of 169
Page 130 of 169
Page 131 of 169
Page 132 of 169
Page 133 of 169
Page 134 of 169
Liquor License Application:Class “C”: Bar Box Billiards Barn-N-Grill
!
!
!
!
!
^_Cross Pointe DrSaint Patrick AveDiers Ave NCurran Ave
Hidden Pointe Dr
Ebony LnKelly St
Capital Ave W
O Grady StCurran C tCarleton AveSunrise AveBrennen LnNorseman Ave US Highway 281 NMonarch Ave
2548 CARLETON AVE
¯
Legend
^_2548 CARLETON AVE
!Licensed Locations
Road Centerlines1 inch = 400 feet
Page 135 of 169
R E S O L U T I O N 2023-124
WHEREAS, an application was filed by Bar Box Billiards Bar-M-Grill, LLC dba
Bar Box Billiards Bar-M-Grill, 2548 Carleton Avenue for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island
Independent as required by state law on April 29, 2023; such publication cost being $14.80; and
WHEREAS, a public hearing was held on May 9, 2023 for the purpose of
discussing such liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-
identified liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the
above-identified liquor license application with the following stipulations:
__________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-
identified liquor license application for the following reasons:_________
__________________________________________________________
____ The City of Grand Island hereby recommends approval of Liquor Manager
Designation for Suzanne Bowden, 4115 West Faidley Avenue, Grand
Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 136 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 9.b.
Subject: Public Hearing on Acquisition of Public Right-of-Way for 18th Street- Moores
Creek Drainway to Diers Avenue; Project No. 2022-P-8 (XIR of Grand Island, LLC-
1719 Aspen Circle)
#2023-125 - Approving Acquisition of Public Right-of-Way for 18th Street- Moores
Creek Drainway to Diers Avenue; Project No. 2022-P-8 (XIR of Grand Island, LLC-
1719 Aspen Circle)
Staff Contact: Keith Kurz
BACKGROUND: The Claude Road; Faidley Avenue to State Street project is for the
addition and improvement of several roadways in the City of Grand Island. It is
anticipated that these projects will occur over several years at a pace dictated by
budgets, development growth and need. A Claude Road extension from just north of
Faidley Avenue to State Street is the major focus of this project. It is desired to build
this roadway and several connections to Diers Avenue guided by an existing City of
Grand Island concept plan. This project will allow for improvements to the Diers Avenue
corridor intended to control access and improve traffic performance and safety. The
Diers Avenue improvements would be the second component to this project. Also
associated with this project is the potential for improvements to the Highway 281 and
30 corridors adjacent to the other project areas. These improvements would focus on
creating north and southbound left-turn lane offsets as well as right turn lanes to exit
from the highway. This portion of the project could involve potential application of
NDOT safety funds and would involve coordination with NDOT throughout the project.
Construction of 18th Street, from Diers Avenue to Claude Road is the first improvement
with the Claude Road project. On January 24, 2023, via Resolution No. 2023-21, City
Council approved the bid award of 18th Street- Moores Creek Drainway to Diers
Avenue; Project No. 2022-P-8 to The Diamond Engineering Company of Grand Island,
Nebraska in the amount of $1,149,288.25.
The Public Works Department is proposing a concrete curb and gutter roadway section
Page 137 of 169
along with sidewalk, traffic control, drainage and all other associated improvements
needed to complete the project.
Nebraska State Statutes stipulate that the acquisition of property requires a public
hearing to be conducted with the acquisition approved by the City Council.
DISCUSSION: Public right-of-way is needed to accommodate the new 18th Street,
which is scheduled to be built this coming spring, from the proposed Claude Road to
Diers Avenue. The property owner has signed the necessary documents to grant the
property, as shown on the attached drawing.
Engineering staff of the Public Works Department negotiated with the property owner
for such purchase.
Property Owner Legal Description Amount
XIR of Grand Island,
LLC
A TRACT OF LAND CONSISTING OF PART OF
LOT 2 OF KAAAR SECOND SUBDIVISION,
CITY OF GRAND ISLAND, HALL COUNTY,
NEBRASKA AND MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST
CORNER OF SAID LOT 2, SAID POINT ALSO
BEING ON THE EAST RIGHT-OF-WAY
(R.O.W.) LINE OF ASPEN CIRCLE AND THE
POINT OF BEGINNING; THENCE ON AN
ASSUMED BEARING OF N89o37’10”E ALONG
THE NORTH LINE OF SAID LOT 2 A
DISTANCE OF 30.49 FEET; THENCE AROUND
A CURVE IN A COUNTER CLOCKWISE
DIRECTION HAVING A RADIUS OF 215.00
FEET, A DELTA ANGLE OF 09o30’27”, AN ARC
LENGTH OF 35.68 FEET AND A CHORD
BEARING S47o07’21”W FOR A DISTANCE OF
35.64 FEET TO A POINT OF REVERSE
CURVATURE; THENCE AROUND A CURVE IN
A CLOCKWISE DIRECTION HAVING A
RADIUS OF 285.0 FEET, A DELTA ANGLE OF
01o46’35”, AN ARC LENGTH OF 8.84 FEET
AND A CHORD BEARING S43o15’25”W FOR A
DISTANCE OF 8.84 FEET TO A POINT ON
THE EAST R.O.W. LINE OF ASPEN CIRCLE;
THENCE ALONG SAID EAST R.O.W. LINE
AROUND A CURVE IN A COUNTER
CLOCKWISE DIRECTION HAVING A RADIUS
OF 130.00 FEET, A DELTA ANGLE OF
09o19’08”, AN ARC LENGTH OF 21.14 FEET
AND A CHORD BEARING N04o34’35”E FOR A
$1,480.00
Page 138 of 169
DISTANCE OF 21.12 FEET TO A
NORTHWESTERLY CORNER OF SAID LOT 2;
THENCE CONTINUING ALONG SAID EAST
R.O.W. LINE N00o02’31”W A DISTANCE OF
9.43 FEET TO THE POINT OF
BEGINNING. SAID TRACT CONTAINS 422
SQUARE FEET MORE OR LESS.
Total= $1,480.00
FISCAL IMPACT: The $1,480.00 compensation to property owner is included in the FY
2022/2023 budget for the 18th Street- Moores Creek Drainway to Diers Avenue; Project
No. 2022-P-8.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council conduct a
Public Hearing and approve acquisition of the public right-of-way from the affected
property owner, in the total amount of $1,480.00.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
1. Resolution
2. Right-of-Way Exhibit
Page 139 of 169
R E S O L U T I O N 2023-125
WHEREAS, public right-of-way is required by the City of Grand Island for 18th
Street- Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8, from property described
as follows:
Property Owner Legal Description Amount
XIR of Grand Island, LLC
A TRACT OF LAND CONSISTING OF PART OF LOT 2 OF
KAAAR SECOND SUBDIVISION, CITY OF GRAND
ISLAND, HALL COUNTY, NEBRASKA AND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID
LOT 2, SAID POINT ALSO BEING ON THE EAST RIGHT-
OF-WAY (R.O.W.) LINE OF ASPEN CIRCLE AND THE
POINT OF BEGINNING; THENCE ON AN ASSUMED
BEARING OF N89o37’10”E ALONG THE NORTH LINE OF
SAID LOT 2 A DISTANCE OF 30.49 FEET; THENCE
AROUND A CURVE IN A COUNTER CLOCKWISE
DIRECTION HAVING A RADIUS OF 215.00 FEET, A DELTA
ANGLE OF 09o30’27”, AN ARC LENGTH OF 35.68 FEET
AND A CHORD BEARING S47o07’21”W FOR A DISTANCE
OF 35.64 FEET TO A POINT OF REVERSE CURVATURE;
THENCE AROUND A CURVE IN A CLOCKWISE
DIRECTION HAVING A RADIUS OF 285.0 FEET, A DELTA
ANGLE OF 01o46’35”, AN ARC LENGTH OF 8.84 FEET AND
A CHORD BEARING S43o15’25”W FOR A DISTANCE OF
8.84 FEET TO A POINT ON THE EAST R.O.W. LINE OF
ASPEN CIRCLE; THENCE ALONG SAID EAST R.O.W. LINE
AROUND A CURVE IN A COUNTER CLOCKWISE
DIRECTION HAVING A RADIUS OF 130.00 FEET, A DELTA
ANGLE OF 09o19’08”, AN ARC LENGTH OF 21.14 FEET
AND A CHORD BEARING N04o34’35”E FOR A DISTANCE
OF 21.12 FEET TO A NORTHWESTERLY CORNER OF SAID
LOT 2; THENCE CONTINUING ALONG SAID EAST R.O.W.
LINE N00o02’31”W A DISTANCE OF 9.43 FEET TO THE
POINT OF BEGINNING. SAID TRACT CONTAINS 422
SQUARE FEET MORE OR LESS.
$1,480.00
Total= $1,480.00
WHEREAS, an agreement for the public right-of-way has been reviewed and
approved by the City Legal Department.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and
hereby is, authorized to enter into the Agreement for the public right-of-way on the above
described tract of land.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such agreement on behalf of the City of Grand Island.
- - -
Page 140 of 169
- 2 -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Page 141 of 169
Page 142 of 169
Page 143 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 11.a.
Subject: #2023-126 - Consideration of Approving Updated Parking Regulations
Staff Contact: Keith Kurz
BACKGROUND: Council action is required to designate parking restrictions on any
public street. As changes are approved the City Council will also approve the master
list of parking designations/restrictions.
DISCUSSION: The Engineering Division of the Public Works Department received a
request from the Grand Generation Center to remove the designated ‘No Parking’ on
the north side of 3rd Street, from Oak Street west for 110’, which is in front of their
building. Upon Engineering staff evaluation there are no concerns with this request.
FISCAL IMPACT: There will be no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION: City Administration recommends that the Council approve the
Parking Regulation resolution adjustments recommended by the Engineering Division
of the Public Works Department.
SAMPLE MOTION: Move to approve as recommended.
ATTACHMENTS:
Page 144 of 169
1. Parking Designation Spreadsheet- Resolution Exhibit
2. Resolution
3. Exhibit
Page 145 of 169
Street From To Side of Street Parking Restriction TypeParking Restriction Effective DaysParking Restriction Effective Time10th Street Broadwell Avenue 135' East of Broadwell Avenue Both No Parking 7 24 Hr.10th Street 90' West of Eddy Street 110' East of Eddy Street Both No Parking 7 24 Hr.10th Street 160' West of Cedar Street Cedar Street South No Parking 7 7:00am-4:30pm11th Street Wheeler Avenue Pine Street South No Parking 7 24 Hr.11th Street 40' West of Beal Street 40' East of Beal Street Both No Parking 7 24 Hr.12th Street Eddy Street Pine Street South No Parking 7 24 Hr.13th Street Webb Road Isle Road Both No Parking 7 24 Hr.13th Street 75' East of Howard Avenue 280' West of Kruse Avenue South No Parking 7 24 Hr.13th Street 100' East of Howard Avenue 350' West of Kruse Avenue North No Parking 7 24 Hr.13th Street 245' West of Broadwell Avenue Broadwell Avenue South No Parking 7 24 Hr.13th Street 140' West of Broadwell Avenue Broadwell Avenue North No Parking 7 24 Hr.15th Street Eddy Street Elm Street South No Parking 7 24 Hr.1st Street Greenwich Street 120' East of Greenwich Street North No Parking 7 24 Hr.23rd Street Wheeler Avenue Locust Street Both No Parking Mon-Fri 8:00am-5:30pm2nd Street Eddy Street Cleburn Street North No Parking 7 24 Hr.2nd Street 80' West of Walnut Street Walnut Street North No Parking 7 24 Hr.3rd Street Blaine Street 220' East of Blaine Street Both No Parking 7 24 Hr.3rd Street Harrison Street 290' East of Broadwell Avenue Both No Parking 7 24 Hr.3rd Street Jefferson Street Adams Street North No Parking 7 24 Hr.3rd Street Clark Street Cleburn Street Both No Parking 7 24 Hr.4th Street Broadwell Avenue 160' East of Broadwell Both No Parking 7 24 Hr.4th Street 195' West of Eddy Street Cleburn Street Both No Parking 7 24 Hr.4th Street 35' West of Oak Street Oak Street South No Parking 7 24 Hr.4th Street 45' West of Oak Street 35' East of Oak Street North No Parking 7 24 Hr.6th Street Broadwell Avenue Madison Street Both No Parking 7 24 Hr.6th Street Sycamore Street Kimball Street South No Truck Parking 7 24 Hr.7th Street Darr Avenue White Avenue South No Parking 7 24 Hr.Adams Street 170' South of Stolley Park Road Stolley Park Road Both No Parking 7 24 Hr.Anderson Avenue Alley West of Locust Street Locust Street South No Parking 7 8:00pm-7:00amAnna Street Broadwell Avenue Madison Street Both No Parking 7 24 Hr.Anna Street Madison Street Adams Street North No Parking 7 24 Hr.Anna Street Eddy Street Cleburn Street Both No Parking 7 24 Hr.Anna Street Elm Street Locust Street Both No Parking 7 24 Hr.Bismark Road Locust Street Pine Street - South Leg Both No Parking 7 24 Hr.Blaine Street Stolley Park Road Del Monte Avenue Both No Parking 7 24 Hr.Blaine Street 110' North of 2nd Street 3rd Street East No Parking 7 24 Hr.Blaine Street 200' South of Old Potash Highway/Lincoln Highway Old Potash Highway/Lincoln Highway Both No Parking 7 24 Hr.Boggs Avenue 7th Street Baumann Drive East No Parking 7 24 Hr.Brahma Street 40' South of Wyandotte Street Wyandotte Street East No Parking 7 24 Hr.Broadwell Avenue Division Street 2nd Street Both No Parking 7 24 Hr.Capital Avenue 80' East of Engleman Road 180' East of Engleman Road North No Parking 7 24 Hr.Capital Avenue Independence Avenue Macron Street North No Parking 7 24 Hr.Charles Street Locust Street Pine Street North No Parking 7 24 Hr.Charles Street Locust Street 55' East of Locust Street South No Parking 7 24 Hr.College Street Webb Road Sheridan Avenue Both No Parking 7 24 Hr.Custer Avenue Old Potash Highway/Lincoln Highway Clarence Street Both No Parking 7 24 Hr.Custer Avenue 75' South of North Front Street 75' North of North Front Street Both No Parking 7 24 Hr.Custer Avenue 200' South of Faidley Avenue 175' North of Faidley Avenue West No Parking 7 24 Hr.Custer Avenue 200' South of Faidley Avenue 185' North of 8th Street East No Parking 7 24 Hr.Custer Avenue 235' South of 13th Street 50' south of 14th Street Both No Parking 7 24 Hr.Custer Avenue 75' South of Vandergrift Avenue 16th Street West No Parking 7 24 Hr.Custer Avenue 370' South of State Street Waugh Street Both No Parking 7 24 Hr.Custer Avenue 375' North of College Street 475' North of College Street East No Parking 7 24 Hr.PARKING RESTRICTION RESOLUTIONPART ONE - NO PARKING (2023/5/9)Page 15/1/2023Page 146 of 169
Street From To Side of Street Parking Restriction TypeParking Restriction Effective DaysParking Restriction Effective TimePARKING RESTRICTION RESOLUTIONPART ONE - NO PARKING (2023/5/9)Darr Avenue 5th Street 6th Street East No Parking 7 24 Hr.Darr Avenue 75' South of 7th Street 7th Street West No Parking724 Hr.Darr Avenue 30' South of 7th Street 7th Street East No Parking 7 24 Hr.Delaware Street Locust Street Alley East of Locust Street Both No Parking 7 10:00pm-5:00amDelta Street Lincoln Avenue 145' East of Lincoln Avenue South No Parking 7 24 Hr.Eddy Street Hedde Street Fonner Park Road East No Parking 7 11:00pm-5:00amEddy Street Fonner Park Road 200' North of Fonner Park Road East No Parking 7 24 Hr.Eddy Street Eddy Street & Greenwich Street Intersection 50' North of the Eddy Street & Greenwich Street Intersection West No Parking 7 24 Hr.Eddy Street 170' South of Koenig Street Division Street West No Parking 7 24 Hr.Eddy Street 50' South of Koenig Street 1st Street East No Parking 7 24 Hr.Eddy Underpass Frontage Road West North Front Street 4th Street Both No Parking 7 24 Hr.Eddy Underpass Frontage Road East North Front Street 4th Street Both No Parking 7 24 Hr.Elm Street 125' South of South Union Pacific Railroad Mainline Track Union Pacific Railroad Both No Parking 7 24 Hr.Elm Street 10th Street 12th Street West No Parking 7 24 Hr.Engleman Road Capital Avenue 75' North of Capital Avenue East No Parking 7 24 Hr.Exchange Road Dead End (South End) Locust Street East No Parking 7 24 Hr.Faidley Avenue Custer Avenue Carey Street Both No Parking 7 24 Hr.Faidley Avenue 155' West Broadwell Avenue Broadwell Avenue South No Parking 7 24 Hr.Faidley Avenue 120' West Broadwell Avenue Broadwell Avenue North No Parking 7 24 Hr.Fonner Park Road 150' West of Locust Street Sycamore Street Both No Parking 7 24 Hr.Forrest Street Custer Avenue Lafayette Avenue South No Parking 7 7:30am-4:00pmGreenwich Street Fonner Park Road 250' North of Fonner Park Road West No Parking 7 24 Hr.Hedde Street Eddy Street Locust Street Both No Parking 7 11:00pm-5:00amHolcomb Street 110' West of Bantam Street Bantam Street South No Parking 7 24 Hr.Jefferson Street 3rd Street South Front Street Both No Parking 7 24 Hr.Kaufman Avenue 500' North of Old Potash 560' North of Old Potash East No Parking 7 24 Hr.Koenig Street 30' West of Eddy Street Eddy Street South No Parking 7 24 Hr.Koenig Street 55' West of Eddy Street 150' East of Eddy Street North No Parking 7 24 Hr.Koenig Street 60' West of Walnut Street Walnut Street South No Parking 7 24 Hr.Koenig Street Pine Street Oak Street South No Parking 7 24 Hr.Koenig Street Louise Street 90' North of Louise Street East No Parking 7 24 Hr.Koenig Street Louise Street 130' North of Louise Street West No Parking 7 24 Hr.Lafaytte Avenue College Street Forrest Street West No Parking 7 7:30am-4:00pmLincoln Avenue 90' North of Delta Street 195' North of Delta Street East No Parking 7 24 Hr.Lincoln Avenue 2nd Street 3rd Street West No Parking 7 24 Hr.Locust Street Charles Street 1st Street Both No Parking 7 24 Hr.Locust Street 10th Street 12th Street West No Parking 7 24 Hr.Louise Street Koenig Street 90' North of Koenig Street West No Parking 7 24 Hr.Louise Street Koenig Street 110' North of Koenig Street East No Parking 7 24 Hr.Manchester Road Independence Avenue Mansfield Road Both No Parking 7 24 Hr.Mansfield Road Cannon Road Manchester Road Both No Parking 7 24 Hr.Mansfield Road Concrete Section Horseshoe Place East No Parking 7 24 Hr.Mansfield Road Horseshoe Place Hike/Bike Trail East No Parking 7 24 Hr.Monarch Avenue Ebony Lane Sunrise Avenue South No Parking 7 24 Hr.North Front Street Webb Road Eisenhower Drive Both No Parking 7 24 Hr.North Front Street Broadwell Avenue 65' West of Monroe Street North No Parking 7 24 Hr.North Front Street 148' West of Lincoln Avenue Lincoln Avenue South No Parking 7 24 Hr.North Front Street 150' West of Clark Street Clark Street South No Parking 7 24 Hr.Oklahoma Avenue 80' West of Broadwell Avenue Broadwell Avenue North No Parking 7 24 Hr.Oklahoma Avenue 30' West of Broadwell Avenue Broadwell Avenue South No Parking 7 24 Hr.Old Highway 30 Industrial Lane US Highway 30 (West of Overpass) North No Parking 7 24 Hr.Old Lincoln Highway Custer Avenue 175' East of Custer Avenue South No Parking 7 24 Hr.Old Lincoln Highway Carey Avenue Broadwell Avenue South No Parking 7 24 Hr.Page 25/1/2023Page 147 of 169
Street From To Side of Street Parking Restriction TypeParking Restriction Effective DaysParking Restriction Effective TimePARKING RESTRICTION RESOLUTIONPART ONE - NO PARKING (2023/5/9)Old Lincoln Highway Garfield Avenue Broadwell Avenue North No Parking 7 24 Hr.Old Potash Highway Piper Street 565' West of Custer Avenue North No Parking 7 24 Hr.Old Potash Highway 200' West of Custer Avenue Custer Avenue Both No Parking 7 24 Hr.Orleans Drive Faidley Avenue 215' North of Faidley Avenue East No Parking 7 24 Hr.Oxnard Avenue Eddy Street Locust Street Both No Parking 7 11:00pm-5:00amPhoenix Avenue 1/2 Block West of Locust Street Locust Street Both No Parking 7 24 Hr.Pine Street Bismark Road Ashton Avenue East No Parking 7 24 Hr.Pine Street Schuff Street Ashton Avenue West No Parking 7 8:00pm-6:00amPine Street 115' South of Koenig Street Koenig Street West No Parking 7 24 Hr.Pine Street 145' South of Court Street Court Street West No Parking 7 24 Hr.Pine Street 70' South of South Front Street South Front Street West No Parking 7 24 Hr.Piper Street Old Potash Highway 495' North of Old Potash Highway East No Parking Mon-Fri 7:00am-7:00pmProspect Street Lafayette Avenue Park Avenue Both No Parking Mon-Fri 7:00am-4:00pmRamada Road US Highway 34 Woodland Drive Both No Parking 7 8:00pm-6:00amRiverside Drive Hagge Avenue Stolley Park Road Both No Parking 7 24 Hr.Roberts Street Broadwell Avenue 250' East of Broadwell Avenue Both No Parking 7 24 Hr.Roberts Street 420' East of Broadwell Avenue 330' East of Roberts Court North No Trailer Parking 7 24 Hr.Sagewood Avenue 710' South of State Street State Street West No Parking 7 24 Hr.Schimmer Drive US Highway 281 350' East of US Highway 281 North No Parking 7 24 Hr.Sky Park Road Airport Road Abbot Road Both No Parking or Standing 7 24 Hr.South Street Locust Street Pine Street Both No Parking 7 8:00pm-5:00amState Street US Hwy 281 350' East of Webb Road Both No Parking 7 24 Hr.State Street Howard Avenue Cleburn Street Both No Parking 7 24 Hr.State Street Cleburn Street 280' East of Cleburn Street South No Parking 7 24 Hr.Stoeger Drive Baumann Drive 7th Street South No Parking 7 24 Hr.Stolley Park Road US Highway 281 Stuhr Road Both No Parking 7 24 Hr.Stuhr Road Stolley Park Road Bismark Road Both No Parking 7 24 Hr.Stuhr Road Burlington Northern Railroad City Outfall Ditch Both No Parking 7 24 Hr.Swift Road Stuhr Road West boundary of WWTP Both No Parking 7 24 Hr.Sycamore Street Ashton Avenue 1st Street West No Parking 7 24 Hr.Sycamore Street 4th Street 150' North of 4th Street Both No Parking 7 24 Hr.Sycamore Street 5th Street 6th Street East No Parking 7 24 Hr.Sycamore Underpass Frontage Road West 3rd Street 4th Street Both No Parking 7 24 Hr.Sycamore Underpass Frontage Road East 3rd Street 4th Street Both No Parking 7 24 Hr.US Highway 34 US Highway 281 Union Pacific Railroad Both No Parking 7 24 Hr.Vine Street 80' South of Meves Avenue Meves Avenue East No Parking 7 24 Hr.Walnut Street 1st Street 2nd Street West No Parking 7 24 Hr.Webb Road Westside Street 300' North of State Street Both No Parking 7 24 Hr.Wedgewood Drive Locust Street Bellwood Drive Both No Parking 7 11:00pm-5:00amWheeler Avenue Division Street 115' North of Division Street East No Parking 7 24 Hr.Wheeler Avenue 10th Street 17th Street Both No Parking 7 24 Hr.Wheeler Avenue 80' South of 23rd Street 280' North of 23rd Street West No Parking 7 8:00am-4:30pmWheeler Avenue 22nd Street Capital Avenue East No Parking 7 9:00am-4:00pmWindolph Avenue Eddy Street Locust Street Both No Parking 7 11:00pm-5:00amWoodland Drive Ramada Road Locust Street Both No Parking 7 8:00pm-6:00amWyandotte Street Brahma Street Chanticleer Street South No Parking 7 24 Hr.Fonner Park Road Locust Street Stuhr Road Both No Parking 7 24 Hr.Stolley Park Road 500' West of Adams Street Locust Street Both No Parking 7 24 Hr.Stolley Park Road 1/2 mile West of Stuhr Road Stuhr Road Both No Parking 7 24 Hr.Stuhr Road Wood River Bismark Road Both No Parking 7 24 Hr.STATE FAIR PARKING RESTRICTIONSPage 35/1/2023Page 148 of 169
Street From To Side of Street Parking Restriction TypeParking Restriction Effective DaysParking Restriction Effective Time1st Street 40' East of Cedar Street 60' East of Cedar Street North 20 min. Mon-Sat 8:00am-5:30pm2nd Street Walnut Street Pine Street North 2 HR Mon-Sat 8:00am-5:30pm3rd Street Elm Street Kimball Street South 2 HR Mon-Sat 8:00am-5:30pm3rd Street Elm Street 58' West of Cedar Street North 2 HR Mon-Sat 8:00am-5:30pm3rd Street 58' West of Cedar Street Cedar Street North 20 min. Mon-Sat 8:00am-5:30pm3rd Street Cedar Street 173' West of Walnut Street North 2 HR Mon-Sat 8:00am-5:30pm3rd Street 173' West of Walnut Street 156' West of Walnut Street North 20 min. Mon-Sat 8:00am-5:30pm3rd Street 156' West of Walnut Street 60' West of Walnut Street North 2 HR Mon-Sat 8:00am-5:30pm3rd Street 60' West of Walnut Street Walnut Street North 20 min. Mon-Sat 8:00am-5:30pm3rd Street Walnut Street Sycamore Street North 2 HR Mon-Sat 8:00am-5:30pm3rd Street 160' East of Sycamore Street 390' East of Sycamore Street North 15 min. Mon-Fri 7:00am-5:30pm4th Street 145' East of Cedar Street Wheeler Avenue South 2 HR Mon-Sat 8:00am-5:30pm4th Street Cedar Street Wheeler Avenue North 2 HR Mon-Sat 8:00am-5:30pm4th Street Wheeler Avenue Locust Street Both 2 HR 7 24 Hr.4th Street Locust Street Sycamore Street North 2 HR Mon-Sat 8:00am-5:30pm4th Street 120' West of Kimball Avenue 30' West of Kimball Avenue South 2 HR 7 24 Hr.Cedar Street 2nd Street 295' North of 3rd Street West 2 HR Mon-Sat 8:00am-5:30pmCedar Street 80' North of 2nd Street 295' North of 3rd Street East 2 HR Mon-Sat 8:00am-5:30pmCollege Street Lafaytte Avenue Grand Island Avenue South 2 HR Mon-Fri 8:00am-4:00pmCollege Street Lafaytte Avenue Park Avenue North 2 HR Mon-Fri 8:00am-4:00pmElm Street North Front Street 4th Street East 2 HR 7 24 Hr.Forrest Street Kruse Avenue 148' East of Kruse Avenue North 2 HR Mon-Fri 8:00am-4:00pmKruse Avenue Forrest Street Cottage Street East 2 HR Mon-Fri 8:00am-4:00pmLafayette Avenue 60' South of Waugh Street Cottage Street East 2 HR Mon-Fri 8:00am-4:00pmLafayette Avenue 60' North of Waugh Street College Street West 2 HR Mon-Fri 8:00am-4:00pmLocust Street 43' North of 1st Street 64' North of 1st Street West 20 min. Mon-Sat 8:00am-5:30pmLocust Street 64' North of 1st Street 56' South of 2nd Street West 2 HR Mon-Sat 8:00am-5:30pmLocust Street 56' South of 2nd Street 38' South of 2nd Street West 20 min. Mon-Sat 8:00am-5:30pmLocust Street 2nd Street 134' South of 3rd Street West 2 HR Mon-Sat 8:00am-5:30pmLocust Street 134' South of 3rd Street 120' South of 3rd Street West 20 min. Mon-Sat 8:00am-5:30pmLocust Street 120' South of 3rd Street 83' North of 3rd Street West 2 HR Mon-Sat 8:00am-5:30pmLocust Street 83' North of 3rd Street 120' North of 3rd Street West 20 min. Mon-Sat 8:00am-5:30pmLocust Street 120' North of 3rd Street South Front Street West 2 HR Mon-Sat 8:00am-5:30pmLocust Street 1st Street 125 North of 2nd Street East 2 HR Mon-Sat 8:00am-5:30pmLocust Street 125' North of 2nd Street 142' North of 2nd Street East 20 min. Mon-Sat 8:00am-5:30pmLocust Street 142' North of 2nd Street 40' South of 3rd Street East 2 HR Mon-Sat 8:00am-5:30pmLocust Street 40' South of 3rd Street 25' South of 3rd Street East 20 min. Mon-Sat 8:00am-5:30pmLocust Street 3rd Street South Front Street East 2 HR Mon-Sat 8:00am-5:30pmLocust Street 4th Street 82' North of 4th Street East 2 HR Mon-Sat 8:00am-5:30pmPARKING RESTRICTION RESOLUTIONPART TWO - TIME RESTRICTION PARKING (2023/5/9)Page 45/1/2023Page 149 of 169
Street From To Side of Street Parking Restriction TypeParking Restriction Effective DaysParking Restriction Effective TimePARKING RESTRICTION RESOLUTIONPART TWO - TIME RESTRICTION PARKING (2023/5/9)Park Avenue 125' South of College Street Forrest Street West 2 HR Mon-Fri 8:00am-4:00pmPark Avenue 125' North of College Street Forrest Street East 2 HR Mon-Fri 8:00am-4:00pmPine Street Koenig Street 145' South of Court Street West 2 HR 7 24 Hr.Pine Street Court Street 90' South of South Front Street West 2 HR Mon-Sat 8:00am-5:30pmPine Street Court Street 40' North of 3rd Street East 2 HR Mon-Sat 8:00am-5:30pmPine Street 40' North of 3rd Street 57' North of 3rd Street East 20 min. Mon-Sat 8:00am-5:30pmPine Street 57' North of 3rd Street South Front Street East 2 HR Mon-Sat 8:00am-5:30pmTilden Street US Highway 30 100' North of US Highway 30 East 1 HR 7 24 Hr.Walnut Street 2nd Street 120' South of 3rd Street West 2 HR Mon-Sat 8:00am-5:30pmWalnut Street 110' South of 3rd Street 109' South of South Front Street West 2 HR Mon-Sat 8:00am-5:30pmWalnut Street 265' North of the north set of UPRR tracks 4th Street West 2 HR Mon-Sat 8:00am-5:30pmWalnut Street 2nd Street 90' South of South Front Street East 2 HR Mon-Sat 8:00am-5:30pmWalnut Street 150' North of the North set of UPRR tracks 63' South of 4th Street East 2 HR Mon-Sat 8:00am-5:30pmWalnut Street 63' South of 4th Street 4th Street East 20 min. Mon-Sat 8:00am-5:30pmWalnut Street 70' North of 4th Street 125' North of 4th Street East 20 min. Mon-Sat 8:00am-5:30pmWheeler Avenue 280' South of Division Street 3rd Street West 2 HR Mon-Sat 8:00am-5:30pmWheeler Avenue 167' North of Division Street 3rd Street East 2 HR Mon-Sat 8:00am-5:30pmPage 55/1/2023Page 150 of 169
Street From To Side of StreetParking Restriction TypeParking Restriction Effective DaysParking Restriction Effective Time10th Street Cedar Street 64' East of Cedar Street South Loading Zone 7 7:00am-4:30pm12th Street 110' East of Wheeler Street 140' East of Wheeler Street North Loading Zone 7 24 Hr7th Street Lincoln Avenue 52' East of Lincoln Avenue South Loading Zone Mon-Fri 7:30am-5:30pmBeal Street 8th Street 9th Street East Loading Zone Mon-Fri 8:00am-5:00pmBismark Street Oak Street Vine Street North Loading Zone 7 24 HrCharles Street 94' East of Locust Street 172' East of Locust Street South Loading Zone 7 24 HrCleburn Street North Front Street 74' North of North Front Street East Loading Zone 7 24 HrEddy Street 250' South of Hedde Street 175' South of Hedde Street East Loading Zone 7 24 HrKennedy Drive 35' North of Faidley Avenue 80' North of Faidley Avenue East Loading Zone 7 24 HrOak Street Bismark Road 380' North of Bismark Road Both Loading Zone 7 24 HrPine Street 60' North of 6th Street 82' North of 6th Street West Loading Zone 7 24 HrSherman Avenue 11th Avenue 13th Street West Loading Zone 7 8:00am-4:00pmVine Street Bismark Road Meves Avenue West Loading Zone 7 24 HrWalnut Street 50' North of 4th Street 70' North of 4th Street East Loading Zone 7 24 HrWalnut Street 120' South of 3rd Street 110' South of 3rd Street West Loading Zone Mon-Fri 8:00am-5:00pmPARKING RESTRICTION RESOLUTIONPART THREE - LOADING ZONES (2022/5/9)Page 65/1/2023Page 151 of 169
Street From To Side of StreetParking Restriction TypeParking Restriction Effective DaysParking Restriction Effective TimeSwift Road Stuhr Road Museum Drive Both Tow Zone 7 24 HrPARKING RESTRICTION RESOLUTIONPART FOUR - TOW ZONES (2022/5/9)Page 75/1/2023Page 152 of 169
R E S O L U T I O N 2023-126
WHEREAS, the City Council, by authority of §22-77 of the Grand Island City
Code, may by resolution, establish parking regulations upon the streets of the City of Grand
Island; and
WHEREAS, the Engineering Division of the Public Works Department received a
request from the Grand Generation Center to remove the designated ‘No Parking’ on the north
side of 3rd Street, from Oak Street west for 110’, which is in front of their building; and
WHEREAS, the Public Works Engineering staff have prepared the attached
Parking Restriction database update.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that parking regulations within the City of
Grand Island are established as listed on the attached exhibits “Part One- No Parking; dated
2023/5/9”, “Part Two- Time Restriction Parking, dated 2023/5/9”, Part Three- Loading Zones,
dated 2023/5/9”, and “Part Four- Tow Zone, dated 2023/5/9”.
BE IT FURTHER RESOLVED, that this resolution supersedes any and all other
resolutions established or amending parking regulations for the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G. Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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EXISTING
PROPOSED
COUNCIL RESOLUTION EXHIBITGRAND ISLAND, NEBRASKA 2023 PROPOSED GRAND GENERATION CENTER PARKING CHANGESPage 154 of 169
AGENDA MEMO
To: The Mayor and City Council
Agenda: City Council Meeting
Date: May 9, 2023
Item #: 11.b.
Subject: #2023-127 - Consideration of Approving 2023-2024 HIDTA Grant Funds
Staff Contact: Kevin Denney
BACKGROUND: The Police Department has been a member of the Tri-Cities Drug
Enforcement Team Task Force (TRIDENT), formerly the Central Nebraska Drug and
Safe Streets Task Force for many years. The Nebraska State Patrol acts as the
fiduciary agent on the High Intensity Drug Trafficking Area (HIDTA) grant and the City
acts as the fiscal agent for the HIDTA grant funds used by the Task Force for off-site
facility maintenance and operational funds. The 2023 HIDTA award, 23HD06, is for
$60,013.86 and does not require matching funds.
DISCUSSION: The Grand Island Police Department has been a participating member
of the Tri-Cities Drug Enforcement Team Task Force (TRIDENT), formerly the Central
Nebraska Drug and Safe Streets Task Force for many years. The Task Force serves a
valuable role in the investigation and prosecution of drug offenders and violent
criminals. The HIDTA designation provides Federal funding for the investigative
operations of the Task Force.
The Nebraska State Patrol acts as the fiduciary agent on the HIDTA grant and the City
serves as the fiscal agent for funding used by the Task Force for the off-site facility
maintenance and operational funds. The 2022 HIDTA award to the Task Force is
$60,013.86. Approval and acceptance of the funding will support the Task Force during
a two-year period, from January 1, 2023 to December 31, 2024. The funding does not
require a local match.
FISCAL IMPACT: There is no fiscal impact.
ALTERNATIVES: It appears that the Council has the following alternatives concerning
the issue at hand. The Council may:
1. Move to approve
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2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue presented in this motion.
RECOMMENDATION:
City Administration recommends that the Council approve acceptance of the 2023 HIDTA Grant
award 23HD06 for $60,013.86 for the Tri-Cities Drug Enforcement Team Task Force.
SAMPLE MOTION: Move to approve acceptance of the 2023 HIDTA Grant award
23HD06 for $60,013.86 for the Tri-Cities Drug Enforcement Team Task Force.
ATTACHMENTS:
1. HIDTA Grant Agreement 23HD06
2. Resolution
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R E S O L U T I O N 2023-127
WHEREAS, The Grand Island Police Department is a member of the Tri-Cities
Drug Enforcement Team (TRIDENT); and
WHEREAS, The TRIDENT Task Force has been approved for $60,013.86 of
High Intensity Drug Trafficking Area (HIDTA) funding for the operations of the Task Force: and
WHEREAS, The Task Force serves an effective role in the investigation and
apprehension of drug dealers and violent criminals, and
WHEREAS, The City serves as the fiscal agent for the TRIDENT Task Force
operational funds.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, to approve the award for $60,013.86 of the
High Intensity Drug Trafficking Area (HIDTA) funding for the operations of the Task Force
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
_______________________________________
Roger G.Steele, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
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