city of south sioux city, nebraska · 2017. 11. 22. · city of south sioux city council agenda...

CITY OF SOUTH SIOUX CITY

COUNCIL AGENDA

November 27, 2017 @ 5:00 p.m.

City Hall Council Chambers 1615 1

st Avenue, South Sioux City, Nebraska

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CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL – Excuse Absence/Dan Bousquet.

A current copy of the Open Meetings Act is posted on the north wall in the rear of the Council Chambers and is available for review by all citizens in attendance. A sign-in sheet is available at the entrance to the Council Chambers. We ask your assistance by signing in as this is a Federal Grant requirement. It is strictly voluntary to complete the sign-in sheet.

The City of South Sioux City reserves the right to adjust the order of items on this agenda if necessary and may elect to take action on any of the items listed.

1. CONSENT AGENDA a. MINUTES of COUNCIL MEETING – November 13, 2017.

http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4096 b. STANDING COMMITTEES REPORTS

i. Public Works Minutes – November 20, 2017. http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4099

ii. Finance Minutes – November 22, 2017 http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4100

c. Treasurer’s Report Ending 10/31/17. Comes favorably from Public Works Committee and Finance Committee.

d. Rooming House Licenses. Hyperlink Comes favorably from the Public Works Committee to approve. Same two as last year.

e. NLC City Fiscal Conditions 2017. Hyperlink Informational. f. PRESENTATION OF CLAIMS #2017-23. This is a detailed list of bills for the

various suppliers to the City for goods and services. Hyperlink

2. PRESENTATION OF PETITIONS AND OTHER COMMUNICATION a. Firefighter/Paramedic Badge Pinning Ceremony for Payne Allen and

Qwinn Wright.

33.. INTRODUCTION OF RESOLUTIONS AND ORDINANCES a. ORDINANCE 2017-21 – City Administrator Salary. b. RESOLUTION 2017-241 – Pymt. Olsson Associates; $37,500.00. Water

storage. Inv. 286107. Hyperlink

c. RESOLUTION 2017-242– Pymt. McClure Engineering Co.; $3,605.00. Industrial Park odor Control Ph. 1 mitigation. Hyperlink

d. RESOLUTION 2017-243 – Pymt. JEO Consulting Group; $39,645.75. Natural Gas electrical generation facility Inv. #98455 and Inv. #99691. Hyperlink

http://www.southsiouxcity.org/egov/apps/document/center.egov?view=item;id=4096




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e. RESOLUTION 2017-244 – Pymt. Siouxland Interstate Metropolitan Planning Council (SIMPCO); $109,740.00. Hyperlink Owner Occupied Rehab (OOR) Grant #15-HO-35074 Draw #4 General administration, Inv. #3023 ; $14,000.00 and OOR management and rehab, Inv. #3024; $95,740.00.

f. A & R Construction Change Order #2 Decrease; $7,532.03. W. 29th Street reconstruction. Hyperlink

g. RESOLUTION 2017-245 – Pymt. A & R Construction Co.; $322,736.23. W. 29th Street improvement project. Hyperlink Pay application #3.

4. SECOND READING ORDINANCE – ORDINANCE 2017- 20

AN ORDINANCE REZONING AN AREA WITHIN THE CITY OF SOUTH SIOUX CITY, NEBRASKA, FROM R3b to M1 Rezoning Parcel #220273667, from R3b to M1, legally described as All Block 32 and West 33’ of Vacated H Street and North 30’ of Vacated 8th Street Abutting Thereto and Vacated Alleys in Block 32, Stanton Addition, South Sioux City, Dakota County, Nebraska. Said parcel is located in the 700 block of G Street.

5. MISCELLANEOUS AND OLD BUSINESS

a. Appoint Financial Institutions for 2018 – F & M Bank, Siouxland National Bank, Iowa-Nebraska State Bank, Great Southern Bank, US Bank, and Nebraska Public Agency Investment Trust.

b. Approve 2018 City Signers at Financial Institutions – Rod Koch, Mayor; Lance Hedquist, City Administrator; Nanci Walsh, City Clerk/Treasurer; Jenny Kennedy, Deputy Treasurer and Mary Wiltgen, Finance Officer Assistant.

c. Authorization for Council President to Sign City’s Documents and Community Development Block Grant Documents in the Mayor’s Absence.

d. Declare Official Newspaper for 2018 – Dakota County Star and Mundo Latino.

e. Declare Official Posting Sites for 2018 - South Sioux City Chamber of Commerce; South Sioux City Public Library; and City Hall.

f. Appoint the following for 2018: i. Utility Superintendent – Bob Livermore. ii. Electric Superintendent – Doug Klug.

iii. City Street Superintendent – Engineer. Keith Gilmore, P.E., Gilmore & Associates.

iv. Public Works Director (Water/Sewer/Sanitation) – Bob Livermore. v. Fire Chief – Clint Merithew. vi. Police Chief – Ed Mahon. vii. Police Liaison – John Sanders.


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viii. Fire Liaison – Bruce Davis. ix. Physician Medical Director for the South Sioux City Rescue Squad - Dr.

Rick Colwell. x. MFO Representative. Toby English. xi. SEDC Representative. Merle Long to 2019.

g. Committee Appointments for 2018 i. Nebraska League of Cities Legislative Rep – Carol Schuldt, Lance Hedquist. ii. South Sioux City Chamber Legislative – Carol Schuldt, Lance Hedquist.

iii. Sewer Users Committee – Dennis Nelson, Lance Hedquist, Alternate/Bob Livermore.

iv. Dakota County Solid Waste Agency – John Sanders. v. SIMPCO Finance – Oscar Gomez, Lance Hedquist

vi. SIMPCO Board – Oscar Gomez. vii. SIMPCO MPO Representative – Carol Schuldt.

viii. SIMPCO Tech Committee – Bob Livermore, Lance Hedquist/alternate. ix. Nebraska Municipal Power Pool – Lance Hedquist. x. Loess Hills RC&D – Lance Hedquist.

xi. Keep Northeast Nebraska Beautiful - Mary Wiltgen, Gene Maffit. xii. Cardinal Development Committee - Rod Koch.

xiii. Law Enforcement Center Board Appointment –Mike O’Brien, John Sanders 1/1/18 – 12/31/19.

xiv. Police Pension 4 year term to 2019 – Joaquin Orduno, Shawn Jensen, Chris Chernock, Jeremy Grace, Ed Mahon/Alternate, Carol Schuldt, Nanci Walsh.

xv. Selection Committee – Dennis Nelson, Rod Koch, Dan Bousquet, Bob Livermore, Gene Maffit, Tami Bailey.

xv. Rental Inspection Committee – Heidi Oligmueller, Randy Meyer, Chairman, Monty Peters, Tony Gomez, Lori Logan, Georgianna Vranesh, Jeff Lantz.

xvi. Citizen Advisory Committee – Annual (2018). Brett Gotch – Chairman, Tom Luxford – Vice Chairman, Gail Curry, Secretary, Angela Klemmensen, Kevin O’Dell, Mike Schmiedt – Legal Advisor, Kelly Flynn – Staff, Nanci Walsh – Staff.

xvii. EDA Committee – Annual (2018). Brett Gotch, Chairman, Tom Luxford, Vice-Chairman, Gail Curry, Secretary, Angela Klemmensen, Kevin O’Dell, Todd Masters, Nanci Walsh, City Clerk/Treasurer, Kelly Flynn, Economic Dev. Director, Mike Schmiedt, Legal Advice, Tami Bailey, Grant Administrator.

xviii. Parks & Recreation Board 1 Year 1/18. Rick Brandes – Chairman, Bill Huser – Vice Chairman, Ardel Bengtson, Rick Voss, Patrick Wiltgen, John Jager, Jr.,Tony Ray-Christensen, Mary Macomber, Gene Maffit – Staff Coordinator.

xix. South Sioux City Community Foundation (2 year term to 12/18). Bart Gotch, President, Arlan Kuehn, Vice-President, Gloria Oorlong, Secretary/ Treasurer, Todd Strom, Kathy Addison, Pat Wojcik, Pat Brandes, Jack


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Ehrich, Jim Gunsolley, Marcia Mahon, Bill Garvey, Robert Rapp, Nanci Walsh/Staff Coordinator.

xx. Tree Board to 1/19. Tom Hardy, Chairman, Dick Leitschuck, Vice Chairman, Emily Hutson, Marge Moos, Lance Hedquist, Gene Maffit.

xxi. Stormwater Committee. Rod Koch, Bob Livermore, Alternate. xxii. Cable TV Committee. Jan Johansen, Russ Gifford, Everett Gunn.

h. Authorization to Advertise for Bids for Front End Loader. i. Cottonwood Estopple Agreement. Hyperlink Comes favorably from the

Finance Committee. j. Cottonwood PPA Amendment #2. Hyperlink Comes favorably from the

Finance Committee. k. Agreement between HDR and the City for Engineering the 29th Channel

Improvement Project. Hyperlink l. Mark Albenesius, Inc. Change Order #1. 2015 West Side Drainage

Improvement Project. Time extension due to delay in acquiring an easement. Comes favorably from the Public Works Committee. Hyperlink

m. Surplus Fire Equipment. Comes favorably from the Public Works Committee to declare the items as surplus and to authorize the sale of the items. Hyperlink

n. Car Fax Police Information Program. Comes favorably from the Public Safety Committee. Hyperlink

o. City Council Project Tour Date. p. Lance Hedquist, City Administrator, will report on the 2017 National

League of Cities Conference he attended Nov. 14-17, 2017 in Charlotte.

6. COMMENTS BY CITY ADMINISTRATOR AND COUNCIL MEMBERS CONCERNING CITY DEPARTMENT, ORDINANCES AND STATUTES a. PUBLIC COMMENT PERIOD

i. Every citizen speaking at the meeting shall begin his or her remarks by stating his or her name and postal address.

ii. All citizens’ remarks shall be directed to the Mayor/Chairperson, who shall determine by whom any appropriate response shall be made.

iii. Individuals wishing to address the Mayor/Council are asked to limit their comments to five minutes.

b. Upcoming Events Council Meetings – Dec. 11 and Tuesday, Dec. 26, 2018 @ 5:00 p.m., City Hall. Public Works Meetings – Dec. 4 & 18, 2017, 2017 @ 5:00 p.m., City Hall. Finance Meetings– Dec. 6, 13, 201 & 27, 2017 @ 12:00 p.m. City Hall. CDA Meetings – Dec. 14 & 28,@ 11:00 a.m., City Hall. League of NE Municipalities Mid-winter Conference; Feb. 26 & 27, 2018; Cornhusker

Marriott; Lincoln, NE.

Next Regular Council Meeting Monday, December 11, 2017 @ 5:00 p.m. City Hall Council Chambers

7. ADJOURNMENT


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Quote of the week

In 2020, South Sioux City is a vibrant community that provides a tremendous quality of life for all

citizens defined by outstanding educational and employment opportunities. With our strong

commitment to environmental stewardship, we are a recreational, cultural, economic, and

technological hub of the Midwest.


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Rooming House Licenses

2017 Rooming House License Name Address of Rooming

House Fee

Ron Olsen 2115 2nd Avenue Paid $95.00

Rafael & Silvia Hernandez 206 West 19th Street Paid $100.00

End Rooming House Licenses


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NLC City Fiscal Conditions 2017


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End NLC City Fiscal Conditions 2017


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Claims

CLAIMS ORDER NO 2017-23

11/27/2017-23

3E-ELECTRICAL ENGINEERING FIX LITES-LITES-EQUIP FOR LITES 171.72

A&M LAUNDRY SERVICES,INC MATS-UNIFORMS 371.18

A-TEAM HEATING & COOLING THERMOSTATS 493.05

ACE SIGNS ST SIGNS 210.00

ADVANCE AUTO PARTS FILTERS 235.97

AEP ENERGY PARTNERS OCT ELEC PURCHASE 215,136.18

AIRGAS NORTH CENTRAL RENT CYCLINDERS 102.50

AMERICAN UNDERGROUND SUPPLY NIPPLE/COUPLING 20.65

BAKER & TAYLOR BOOKS BOOKS/DVDS 2,798.03

BARNES AND NOBLE BOOKS AND DVDS 955.20

BLACKBURN MANUFACTORING LOCATE PAINT 486.42

BROYHILL INC INSERT/ROD END 16.11

C & J BODY SHOP REPAIRS 1,243.29

CENGAGE LEARNING BOOKS AND DVDS 13.60

CORE & MAIN SOLENOID VALVES 1,068.00

CRARY HUFF LAW FIRM ATTY SEPT & OCT 16,846.51

CURRY FLOOR CEILING TILES 197.84

DEBOER TREE FARM TREES 612.00

DEPT OF ENERGY Oct-17 55,163.71

EAKES OFFICE SOLUTION TOWELS-LINERS-SOAP 813.19

ECO WISE RECYCLING LLC RECYCLING 65.00

ELECTRONIC ENGINEERING SHOP SUPPLIES 19.95

ELLIOT EQUIP CABLE ASSEMBLY 480.46

EMS BILLING SERVICES OCT 2017 EMS 3,736.53

EXECUTIVE LAWNS & POOLS MOW&TRIM-TREES 25,035.32

FRAME ALIGNERS ST 14 TOGGLE SWITCH 104.85

GLOBAL VIZIONZ TRAVEL GUIDE AD 300.00

H2O 4 U WATER 54.00

HAWKINS CHLORINE/AQUA HAWK 3,634.46

HOME DEPOT SUPPLIES 820.08

IOWA ONE CALL LOCATES 42.20

J C ROOFING SAND AND DIRT 2,500.00

J S BROTHERS LIMBS W 17TH ST 475.00

JACKS UNIFORMS & EQUIPMENT UNIFORMS 483.80

JEO WESTSIDE DRAINAGE 2,068.00

KEVIN ODELL ELECTRIC BRYANT LITE BOILER ROOM 129.00

KNIFE RIVER MIDWEST COMMERCIAL HMA 430.26

KNOEPFLER CHEVROLET 2 REPAIRS 293.24

LINDBLOM SERVICES PORT A POTTYS 2,667.00

LINKS BRAKE & REPAIR ST 10 REPAIRS 430.40

LONG LINES LANDLINES 2,708.60


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LYLES GARAGE DOOR SERVICE DOOR AT COMPACTOR 135.00

MARX DISTRIBUTION ROUNDHOUSE-2 ND AVE 3,626.10

MENARDS OPENER 7.47

MIDAMERICAN ENERGY VARIOUS 119.91

MITTERA GROUP NOV NEWSLETTER-NOV BILL 1,443.24

MOTION INDUSTRIES INC DUCTING HOSE 421.58

MURPHY TRACTOR & EQUIP ST 42 REPAIRS 640.91

NDEQ FISCAL SERVICES CLEAN/DRINK WATER 343,228.68

NE MUNICIPAL CLERKS ASSOC NANCI MEMBERSHIP 45.00

NE PUBLIC HEALTH ENVIROMENT WATER SAMPLES 1,138.00

NE PUBLIC POWER DIST O&M CAP READS CALLS 174,935.31

NETSYS INC TROUBLESHOOT 207.50

NORTHEAST NE PUB POWER RATE DISPUTES 1,474.17

OLSSON ASSOCIATES

SERV THRU AUG 5TH - NOV 4TH-WATER 19,033.76

ONE OFFICE SOLUTION FOLDERS-CALENDERS-ENVELOPES 546.90

AJ PHILLIPS & PUBLISHING INSPECTION STAMP 30.00

DANIEL GESY POWER WASH CAR WASH TOKENS 300.00

PRIME PERFORMANCE REPAIR #2 535.94

REMBOLT LUDTKE FEES 15,593.77

ROBERTSON IMPLEMENT OILFILTERS-OIL 97.65

RODALE BOOKS/DVDS 31.95

SAFECORR CLEAN WATER 8,040.00

SAPP BROS PETROLEUM DIESAL/UNLEADED 4,260.76

SIOUX CITY TRANSIT BUS SUBSIDY 5,529.92

SIOUXLAND CONCRETE CONCRETE 537.50

SIOUXLAND HYDRAULICS 20 REPAIRS 166.80

SITEIMPROVE 1-1-18 THRU 6-30-18 CONTRACT 2,271.50

SMITHS PROFESSIONAL CLEANING DEC JANITORIAL 1,159.70

SOOLAND BOBCAT RENTED MOW SOLAR AREA 481.50

SPEEDY ROOTER MAIN LINE SERVICE 136.74

SPIRAL COMMUNICATION INTERNET 595.00

STEFFEN

10' SNOW DEFLECTOR-SEWER REPRS 8,555.36

TRANSHEM INC SAFE HARBOR 8,016.90

TRAVELERS INS 457,934.00

TRI-STATE COMMUNICATIONS RADIOS-REPAIRS 832.20

TYLER BUSINESS FORMS TAX FORMS 450.82

UNITYPOINT CLINIC DRUG TESTS 237.00

WALL STREET JOURNAL NEWSPAPER 443.88

WIGMAN COMPANY WOODFORD ASSY/WASHER 140.82

WOODHOUSE UNIT 1 REPAIRS 549.67

TOTAL $1,407,366.21

CHECKS SINCE NOV 13TH MEETING

***** MAIN CITY PAYROLL 148,319.07

**** LEC PAYROLL 15,727.09


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210536 AUBREY WASSUNG SUPPLIES FOR ORCHARD 2,311.23

210537 ICMA RETIREMENT FUND-457 PENSION 5,590.32

210538 ICMA RETIREMENT TRUST-401 PENSION 15,142.20

210539-210540 MUNDO LATINO ADS 1,287.00

210541-210543 LEC CLAIMS

*****

210544-210692 COUNCIL CLAIMS

*****

210693-210697 APPROVED RESOLUTION

*****

210698 BASS ADVERTISING ADVERTISING 250.00

210699 BOYD LAW OFFICE GENERAL SERVICES 120.00

210700-210701 DAKOTA CO STAR ADS 500.59

210702 FIRST NATIONAL BANK FREMONT SSC FLOOD CONTROL BOND 214,787.50

210703 FIRST NATIONAL BANK FREMONT MUNICIPAL FACILITIES BOND 42,970.00

210704 HONEYWELL BUILDING SOLUTION SERV 11-1 THRU 1-31-18 20,208.02

210705 NE CHAMBER OF COMM & INDUSTRY 2018 ANNUAL INVESTMENT 350.00

210706 R&S CONTRACTING INC DOOR ANIMAL CONTROL 3,250.00

210707 CITY OF SIOUX CITY WATER AND SEWER USAGE 148,700.65

210708 SSC COMMUNITY FOUNDATION FIRE STATION 247,000.00

210709 ELMER WATKINS REIMBURSE FROM CONF 42.72

210710 LUIS PEREZ-CAZAREZ PAYROLL 873.34

***** IRS MAIN CITY PAYROLL TAXES 54,134.55

**** PRINCIPLE LIFE PENSION 6,983.82

***** THREE RIVERS FLEX CLAIMS 447.25

**** THREE RIVERS MEDICAL CLAIMS 58,274.46

***** THREE RIVERS FLEX CLAIMS 2,941.08

***** THREE RIVERS MEDICAL DENTAL CLAIMS 7,392.02

***** THREE RIVERS MEDICAL-DENTAL-VISION 6,686.06

***** IRS LEC PAYROLL TAXES 5,491.68

***** NE DEPT REVENUE LODGING TAX 1,704.64

***** NE DEPT REVENUE CAMPGRND SALES AND USE TAX 3,364.46

TOTAL $1,014,849.75

TOTAL 2,422,215.96

End Claims


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Resolution Pymt. Olssons Water Storage

End Resolution Pymt. Olssons Water Storage


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JEO Natural Gas electrical facility


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End JEO Natural Gas electrical facility


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Resolution McClure Industrial Park odor control


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End Resolution McClure Industrial Park odor control


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Resolution Pymt. SIMPCO


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End Resolution Pymt. SIMPCO


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Change Order

End Change Order


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Resolution A & R Const.

End Resolution A & R Const.


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Cottonwood estopple


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End Cottonwood estopple


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Cottonwood PPA Amendment #2 AMENDMENT NO. 2 TO POWER PURCHASE AGREEMENT

This AMENDMENT NO. 2 TO POWER PURCHASE AGREEMENT (this

“Amendment”) is made as of _______________, 2017 (“Effective Date”) by

and between South Sioux City, Nebraska (“Buyer”) and Cottonwood Wind

Project, LLC (“Seller”). Each of Seller and Buyer are sometimes referred to

herein as a “Party” and collectively as the “Parties”.

RECITALS

A. WHEREAS, Seller and Buyer are Parties to that certain Power

Purchase Agreement, dated as of June 6, 2017 (as amended by Amendment

No. 1 to Power Purchase Agreement dated as of October 9, 2017, or as

otherwise amended, restated, supplemented or otherwise modified prior to the

Effective Date, the “PPA”), under which Buyer agreed to purchase and

receive, and Seller agreed to sell and deliver, the Purchased Power generated

by the Plant, as more fully set forth in the PPA; and

B. WHEREAS, the Parties mutually desire to modify certain terms and

conditions of the PPA, as more fully set forth herein.

NOW THEREFORE, in consideration of the foregoing and other good and

valuable consideration, the receipt and sufficiency of which are hereby

acknowledged, the Parties agree as follows: 1. Definitions. Capitalized terms used in this Amendment and not otherwise defined herein

shall have the meanings assigned to such terms in the PPA.

2. Amendment Effective Date. The Parties agree to amend the PPA as set forth in Section 3

hereof, which amendments will be effective as of the Effective Date.

(a) Section 1 – Definitions of the PPA shall be amended as follows:

(i) The definition “After-Tax Multiplier” shall be amended by inserting the

following after the word “rate” at the end thereof:

(federal, state or local, as applicable) for Seller or its

owners(s) that would have been entitled to such PTCs

(determined on a weighted average basis, if more than one

parent, in accordance with their relative allocations of such


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PTCs), as appropriate, as is reasonably substantiated by

Seller, for the tax year in which the receipt of the relevant

PTC payment is taxed. (ii) A new Section 1.60 “Partial Commercial Operation Date” shall be inserted

as follows, and pre-existing Section 1.60 “Party” or “Parties” shall be re-

numbered Section 1.61and each Section in Article 1 thereafter shall be re-

numbered accordingly:

1.60 “Partial Commercial Operation Date” means the day following the date on which the

Seller’s Interconnection Facilities are installed

and tested, and one (1) or more of the Wind Turbines are

able to produce and deliver Energy to the Delivery

Point. (b) Section 13.3.1 of the PPA shall be amended by inserting the phrase “the positive

difference (if any) between” after the phrase “present value of” in the first line

thereof.

3. General Terms.

(a) PPA. Except to the extent expressly modified by this Agreement, all other terms

and conditions of the PPA will remain unmodified and continue in full force and

effect. Any reference to the PPA from and after the Effective Date will be

deemed to refer to the PPA as amended hereby, unless otherwise expressly stated.

(b) Governing Law. This Amendment will be governed by the same state whose laws

govern the PPA.

(c) Counterparts. This Amendment may be executed in any number of counterparts,

each of which will be an original and all of which together will constitute one and

the same agreement.

IN WITNESS WHEREOF, Seller and Buyer have duly executed this Amendment as of the

date first written above.

COTTONWOOD WIND PROJECT, LLC

By:

Name:

Title:


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SOUTH SIOUX CITY, NEBRASKA

By:

Name:

Title:

End Cottonwood PPA Amendment #2


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Agreement between HDR and the City


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End Agreement between HDR and the City


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Mark Albenesius Change Order #1 West side drainage


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End Mark Albenesius Change Order #1 West side drainage


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Surplus Fire Equipment

End Surplus Fire Equipment


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Car Fax

Official Agency Name (must provide FULL name) (“Agency”): _________________________________________________________

Agency ORI Number: __ __-__ __ __ __ __ __ __

Name of Chief of Police or Sheriff: ___________________________________________ Number of Sworn Officers: _______________

Address: ___________________________________________________________ City: __________________________________

County: ___________________________________________________ State: __________________________ Zip: _____________

Estimated number of motor vehicle accident reports per year: _______________________

Enrollment in the CARFAX For Police Program allows Agency to subscribe, in exchange for motor vehicle accident reports data created or collected by Agency, to the CARFAX investigative tools (“Investigative Tools”), the CARFAX E-Commerce Service, and such other tools and services that CARFAX may offer participants of the CARFAX For Police Program. Agency wishes to subscribe to:

Investigative Tools Yes No

CARFAX E-Commerce Service Yes No (If Yes, please provide the additional information requested below)

Additional information required for the CARFAX E-Commerce Service:

Does applicable state or local law or regulation require that motor vehicle accident reports can only be provided to specific interested parties

(as defined by such law or regulation)? Yes No

Amount to be reimbursed to Agency for each accident report sold through the CARFAX E-Commerce Service: $_____________

By signing below, I represent that I am duly authorized to execute this Enrollment Form on behalf of Agency and bind Agency to the CARFAX For Police Program Terms and Conditions:

Signature: _________________________________________________ Title: ______________________________________

Printed Name: ______________________________________________ Date: ______________________________________

Send completed form to: Valerie Clements | EMAIL: [email protected]| FAX: 1-800-

378-0592


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These CARFAX® For Police Program Terms and Conditions (“Terms and Conditions”), any enrollment form (each, an “Enrollment Form”) signed or accepted by the law enforcement agency (“Agency”), and any exhibits and addenda to any Enrollment Form (whether entered into at the same time or at a later date) collectively form the agreement (“Agreement”) between CARFAX, Inc. (“CARFAX”) and Agency and govern Agency’s participation in the CARFAX® for Police Program (“Program”). This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and terminates and supersedes all previous agreements, whether oral or written, relating to the same subject matter, and will continue in full force and effect so long as Agency participates in the Program. 1. Provision of Data. Agency agrees to provide, or authorizes its third party service provider to provide, to CARFAX all motor vehicle accident reports (or any data contained therein, as mutually agreed by the parties) that are created or collected by Agency and that Agency is permitted to provide to CARFAX (“Accident Data”). Agency understands that CARFAX relies on its sources for the accuracy and reliability of their information, and therefore Agency will notify CARFAX of erroneous information in any Accident Data provided to CARFAX. Agency authorizes CARFAX to include any and all non-personal information from the Accident Data in the CARFAX Vehicle History Service database (“VHDB”), and to use such information in connection with any data, products and services provided by CARFAX. Agency authorizes CARFAX to include any and all information from the Accident Data provided by Agency (including, without limitation, any personal information) in CARFAX’s crash report center database (the “Crash Report Center Database” and collectively with the VHDB, the “CARFAX Databases”) for use in connection with the CARFAX services that Agency subscribes to through the Program, including the CARFAX E-Commerce Service (as defined below), the Investigative Tools (as defined below), and/or such other services as may be offered by CARFAX from time to time (each, a “Service” and collectively, the “Services”). Agency agrees to use its best efforts to provide to CARFAX, upon CARFAX’s request, another copy of any previously provided Accident Data as soon as reasonably possible after such request. Agency understands that, in the event of any termination of Agency’s participation in any Service or the Program, CARFAX may continue to use the Accident Data already acquired by CARFAX. 2. Term and Termination. Agency agrees that its participation in the Program will be effective from the date on which Agency first provides Accident Data to CARFAX in the form and format that allows CARFAX to upload such Accident Data in the CARFAX Databases (the “Effective Date”) and will continue in effect for a period of one (1) year and thereafter will automatically renew for additional one (1) year periods until either party provides the other party ninety (90) days written notice prior to any renewal date (the “Term”). If, during the Term, Agency elects to withdraw from its participation in the CARFAX E-Commerce Service and/or the use of the Investigative Tools, Agency must provide written notice to CARFAX of such election and CARFAX shall reasonably accommodate such request within thirty (30) days of receipt of such request. Termination of Agency’s subscription to any Service pursuant to the Program does not terminate any other Services to which Agency may have subscribed. CARFAX may terminate this Agreement immediately upon written notice if Agency breaches any provision of this Agreement. All provisions of this Agreement that expressly or should by their nature survive any expiration or termination of this Agreement shall so survive, including without limitation this last sentence of Section 2, the last sentence of Section 3, and Sections 5, 7(c), 9, 10, 12 and 13.

3. License; Ownership. Subject to the terms and conditions of this Agreement, CARFAX hereby grants to Agency a limited, revocable, nontransferable and nonexclusive license to use the CARFAX Databases in accordance with the terms of this Agreement. The license to use the CARFAX Databases is limited to the extent required for criminal investigative purposes (“Permitted Use”). Agency acknowledges that the CARFAX Databases, the Investigative Tools and all data contained therein and all intellectual property relating thereto are and will remain the property of CARFAX.

4. Agency Account. Promptly following the Effective Date, CARFAX will establish an Agency Account and will provide Agency with username(s) and password(s) to access the CARFAX Databases to use the Investigative Tools. Agency will ensure that only authorized employees of Agency are given access to the Agency Account. Agency will ensure that a separate username and password is issued for each authorized employee of Agency, and Agency will be responsible for the administration of such username(s) and password(s) (including, without limitation, in connection with change in authorized personnel). Agency understands that it is liable for the security of the username(s) and password(s) issued by CARFAX and all charges or fees arising out of the unauthorized or improper use of such username(s) and password(s), including access by non-authorized individuals or use for commercial purposes. Agency will not share the username(s) and/or password(s) issued by CARFAX with any third party (other than with CARFAX-approved third party vendors to facilitate the Permitted Use).

Security. Agency acknowledges that the Crash Report Center Database contains accident reports that may include personally identifiable information (collectively, "PII"). Agency will keep all such PII confidential and secure, including without limitation by (a) restricting access to the Agency Account and/or such accident reports to employees of Agency who have a need to know as part of their official duties; (b) ensuring that the Agency Account and such accident reports


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are accessed for a Permitted Use only, and information from such accident reports is not shared with any third party except as permitted by law and pursuant to this Agreement; (c) maintaining and complying with any applicable data retention policy governing the security and retention of accident reports; and (d) maintaining an information security program that is designed to meet applicable state and federal law requirements for safeguarding PII, including, at a minimum, to (i) ensure the security and confidentiality of such accident reports; (ii) protect against any anticipated threats or hazards to the security or integrity of data contained on such accident reports; and (iii) protect against unauthorized access to or use of the data contained in such accident reports. In the event of any actual or reasonably suspected breach of accident reports data caused by Agency’s access to or use of the accident reports contained in the Crash Report Center Database (“Agency Breach”), Agency will promptly notify CARFAX of such actual or suspected Agency Breach and will fully cooperate with CARFAX in investigating such breach or unauthorized access and preventing the recurrence of any unauthorized or attempted possession, use or knowledge of the data. Agency shall be solely responsible for any legal or regulatory obligations which may arise under applicable law in connection

1. with such Agency Breach and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith and will reimburse CARFAX for any expenses incurred by CARFAX in connection with such Agency Breach, or any actions required as a result thereof. For purposes of clarification, and without limiting the generality of the foregoing, Agency shall, in compliance with law and at its own expense, notify the individuals whose information is the subject of such Agency Breach or potential Agency Breach, and shall also notify any other parties (including without limitation regulatory entities and credit reporting agencies) as may be required by law. Agency agrees that such notification shall not reference CARFAX or the Crash Report Center Database, nor shall CARFAX be otherwise identified or referenced in connection with such Agency Breach, without CARFAX’s express written consent. Agency shall remain solely liable for claims that may arise from such Agency Breach, including without limitation costs for litigation (including attorneys’ fees), and reimbursement sought by individuals, including without limitation costs for credit monitoring or allegations of loss in connection with such Agency Breach. Agency shall provide samples of all proposed materials to notify consumers and any third parties, including regulatory entities, to CARFAX for review and approval prior to distribution.

2. CARFAX Database Integrity. Agency will not upload or otherwise introduce any viruses, spyware or other software that jeopardizes the security or integrity of the CARFAX Databases or any CARFAX website and/or mobile device application or otherwise interferes with the CARFAX Databases, applicable CARFAX website and/or mobile device application functioning as intended by CARFAX.

3. Investigative Tools. In consideration of Agency’s provision of Accident Data to CARFAX and authorization for CARFAX to use such Accident Data in accordance with Section 1, CARFAX shall provide Agency access to the services described in Sections 7(a) and 7(b) (collectively, the “Investigative Tools”), subject to the restrictions set forth in Section 7(c):

(a) Subscription to the VHDB. CARFAX will provide to Agency a subscription to the VHDB to access CARFAX Vehicle History Reports, QuickVIN®, VINAlert®, Partial License Plate Search and such other investigative tools that CARFAX may offer from time to time.

(b) Subscription to the Crash Report Center Database. CARFAX will provide Agency with a subscription to the Crash Report Center Database to obtain, as necessary, copies of motor vehicle accident reports that were provided to CARFAX by other law enforcement agencies and any information contained in the foregoing for the Permitted Use only.

(c) Restrictions on Access and Use of the Investigative Tools. Agency shall not: (i) provide, offer, distribute, sell, resell or otherwise disclose any of the Investigative Tools or any information derived from the Investigative Tools to any third party (except to the extent such Investigative Tool becomes part of Agency’s criminal investigation record, subject to the state’s open records laws); (ii) permit the use of the CARFAX Databases or any information contained therein by any third parties; (iii) search the CARFAX Databases or any information contained therein on behalf of any third party; (iv) use or permit the use of the CARFAX Databases or any information contained therein for purposes other than the Permitted Use; (v) use or permit the use of the CARFAX Databases or Investigative Tools in the operation of a service bureau; (vi) use or permit the use of the CARFAX Databases or the Investigative Tools for personal or unlawful purposes; or (vii) upload or otherwise introduce any viruses, spyware or other software that jeopardizes the security or integrity of the CARFAX Databases or otherwise interferes with the functioning of the CARFAX Databases as intended by CARFAX. Systematic access or retrieval of Investigative Tools or the information derived from Investigative Tools, including, but not limited to, the use of “bots” or “spiders,” is strictly prohibited. In the event Agency provides any Investigative Tool or the information derived from the Investigative Tool to another party, Agency shall not: (A) provide such Investigative Tool or


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information to any party for resale or remarketing in any manner or (B) modify such Investigative Tool or information in any way. Agency shall make no representation or provide any warranty to any person or entity regarding CARFAX, the CARFAX Databases, the Investigative Tools, or the information derived from the Investigative Tools, whether written or oral, that is inconsistent with the provisions of this Agreement or the information contained on the Investigative Tools (including all disclaimers).

4. CARFAX E-Commerce Service. Agency understands that in order to subscribe to the CARFAX E-Commerce Service, the Accident Data provided to CARFAX by Agency must include substantially all data elements contained on the motor vehicle accident reports (to the extent permitted by applicable law). If Agency elects to subscribe to the CARFAX E-Commerce Service, Agency authorizes CARFAX to offer to sell and sell accident reports online (the “CARFAX E-Commerce Service”) to the extent permitted by applicable law. Agency agrees to: (i) include on its website(s) and soc ial media site(s) one or more hyperlinks to the CARFAX E-Commerce Service website unless Agency notifies CARFAX in writing that it wants to opt out of this requirement, (ii) direct entities that want to purchase its motor vehicle accident reports to the CARFAX E-Commerce Service website, (iii) direct all calls that Agency receives relating to CARFAX or the CARFAX E-Commerce Service to 1-800-990-2452 or such other phone number designated by CARFAX, and (iv) authorize CARFAX to issue press releases and public statements relating to Agency’s subscription to the CARFAX E-Commerce Service, unless Agency notifies CARFAX in writing that it wants to opt out of this requirement. CARFAX will pay Agency the amount to be reimbursed to Agency for each accident report sold through the CARFAX E-Commerce Service (as provided by Agency on the Enrollment Form) (“Reimbursed Fee”) for each accident report sold to the CARFAX E-Commerce Service corporate subscribers and/or referrals directed to the CARFAX E-Commerce Service website by Agency. Agency will notify CARFAX in writing of any change to the then-current Reimbursed Fee and any such change will take effect thirty (30) days after CARFAX’s receipt of such notice. Notwithstanding any other provision of this Agreement, in no event will Agency require a higher Reimbursed Fee when accident reports are sold through CARFAX than a citizen would be required to pay when an accident report is purchased directly from Agency’s website. Within thirty (30) days after the end of each calendar month, CARFAX will provide Agency a payment equal to the number of accident reports purchased by the CARFAX E-Commerce Service corporate subscribers and/or referrals directed to the CARFAX E-Commerce Service website by Agency in the prior calendar month multiplied by the applicable Reimbursed Fee.

Disclaimers; Limited Warranty. Agency acknowledges that CARFAX collects data from public records and other sources for use in 1. the CARFAX Databases and that this data may contain errors and omissions. CARFAX does not guarantee the correctness or completeness of the CARFAX Databases, the Investigative Tools or any information contained therein, and CARFAX will not be liable for any loss or injury caused, in whole or part, either by its negligence or circumstances beyond its control in procuring, compiling, collecting, interpreting or making available the CARFAX Databases or the Investigative Tools. Agency understands that not all information is available for all states and that CARFAX does not have access to some information that may be available to other parties. Agency also understands there may be a period of time between receipt of certain information by CARFAX and its inclusion of such information into the CARFAX Databases or the Investigative Tools. Agency acknowledges that neither the CARFAX Databases nor the Investigative Tools provide any conclusions regarding the condition of any vehicle, and Agency assumes full responsibility with respect to its decisions and transactions using the CARFAX Databases, the Investigative Tools or any information contained therein. THE CARFAX DATABASES, THE INVESTIGATIVE TOOLS AND ALL INFORMATION CONTAINED IN THE FOREGOING ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CARFAX MAKES AND AGENCY RECEIVES NO WARRANTIES, EXPRESS OR IMPLIED, AND CARFAX EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CARFAX DOES NOT GUARANTEE THAT THE CARFAX DATABASES OR THE INVESTIGATIVE TOOLS WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE CARFAX DATABASES OR THE INVESTIGATIVE TOOLS MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. CARFAX, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES CAUSED BY USE OF THE CARFAX DATABASES, THE INVESTIGATIVE TOOLS OR ANY INFORMATION CONTAINED THEREIN. 2. Limitation of Liability; Indemnification. Agency agrees that CARFAX’s liability hereunder for damages, regardless of the form of action, shall not exceed the amount paid by Agency for the Investigative Tool in question, as applicable. This shall be Agency’s exclusive remedy. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, LOSS OF TIME, LOSS OF PROFITS OR INCOME, OR ANY THIRD PARTY CLAIM OR DEMAND) EVEN IF EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Except to the extent prohibited by applicable law, Agency will indemnify and hold CARFAX, its affiliates and its and their respective directors, officers, employees and agents harmless from any claims, suits, investigations, damages (either direct or indirect), costs,


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expenses and losses of any and every kind (including but not limited to reasonable attorney’s fees and costs) arising out of Agency’s use of the CARFAX Databases, any Investigative Tools or any information contained therein for any purpose other than the Permitted Use or in a manner prohibited by this Agreement.

3. Marks. CARFAX grants to Agency a limited, revocable, nonexclusive and nontransferable license to use CARFAX trademarks and logos provided by CARFAX to Agency (“CARFAX Marks”) solely as approved by CARFAX. Agency acknowledges that Agency’s use of the CARFAX Marks shall inure to CARFAX’s benefit. 4. Governing Law. This Agreement, and any claim or dispute relating in any way to the activities under this Agreement, shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflict of law principles. 5. Miscellaneous. In the event of a direct conflict between the terms and conditions contained in an Enrollment Form and those set forth in these Terms and Conditions, the terms of the Enrollment Form shall govern. CARFAX reserves the right to discontinue or modify, upon notification to Agency, any aspect of any of the Services provided by CARFAX hereunder. CARFAX reserves the right to modify these Terms and Conditions and to impose new or additional terms and conditions at any time. Such modifications and additional terms and conditions will be effective immediately upon being posted online on the CARFAX For Police website (or such other successor website) and incorporated into this Agreement. Agency’s continued use of the Services, as applicable, will be deemed acceptance thereof. CARFAX’s failure to insist in any one or more instances upon the performance of any term, obligation, or condition of this Agreement by Agency, or to exercise any right or privilege conferred in this Agreement, will not be construed as a waiver of such term, obligation, or condition or a relinquishment of such right or privilege. Any waiver of a breach of any term or condition of this Agreement by CARFAX will not be considered a waiver of any subsequent breach of the same or any other condition. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force, unless the invalidity or unenforceability of a provision materially alters the rights or obligations of a party. Agency shall not assign this Agreement without the prior written consent of CARFAX.

End Car Fax