Author: Amber Barker

ORDINANCE PERTAINING TO BOARD OF ALDERMEN MEETINGS; REGULATING THE SALARY AND SPECIAL MEETING ALLOWANCE FOR THE MAYOR AND ALDERMAN FOR THE CITY OF RICH HILL, MISSOURI.

______________________________________________________________

BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL AS FOLLOWS:

Section 1:        Regular Meetings

The Board of Aldermen shall hold at least 1 meeting in each calendar month on a day determined by the Board.   The meeting shall be held in the Aldermen Chambers at City Hall unless otherwise posted.

Section 2:        Special Meetings

1. Subject to such other notice and requirements of §§ 610.020 and 610.021 of the Missouri Revised Statutes, the Mayor or any 2 members of the Board of Aldermen may call special meetings at any time by written request filed with the City Clerk.
2. The City Clerk shall prepare a notice of the special meeting. The notice shall state the following:
3. The time, place and location of the meeting; and
4. The purpose of the meeting.
5. The notice shall be served personally upon each member of the Board or left at his usual place of residence at least 12 hours before the time of the meeting and the City Clerk shall make a diligent effort to notify each member of the Board in person, either by telephone or otherwise, of the special session.

Section 3:        Mayor Salary

The salary for the Mayor shall be $350.00 monthly, payable on the 1^st day of each month.

Section 4:        Aldermen Salary

The salary of each Alderman shall be $90.00 monthly to be payable on the 1^st day of each month.

Section 5:        Special Meeting Allowance

The Mayor and Aldermen shall each receive $7.50 for each special meeting they attend provided that more than two meetings are attended in a calendar month.

Section 6:        Ordinance No. 1653 is hereby repealed and replaced by this Ordinance.

Section 7:        The invalidity of any section, clause, sentence or provisions of this Ordinance shall not affect the validity of any other part of this Ordinance that can be given effect without the invalid part or parts.

Section 8:        All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 9:        This Ordinance shall be in full force and effect from and after its passage and approval.

READ two times and PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 28^th day of August, 2018.

 

__________________________

Jason Rich, Mayor

 

ATTEST:                                                                     Ayes: Humble, Robb, Kassner, Pilcher

Nays: None

 

__________________________

Brittany Schenker, City Clerk

 

 

 

 

[i]

[i] For informational purposes, this ordinance repeals and replaces Ordinance 1653, enacted June 13, 2017: which replaced Ordinance 1381, enacted May 8, 2012; which replaced Ordinance 1366, enacted July 26, 2001; which replaced Ordinance 1158, enacted February 11, 2003; which replaced Ordinance 874, enacted May 14, 1979.

AN ORDINANCE LEVYING GENERAL, PARKS AND RECREATION, LIBRARY, AND HEALTH TAXES IN THE CITY OF RICH HILL, FOR THE TAX YEAR 2018

______________________________________________________________

BE IT ORDAINED, BY THE BOARD OF ALDERMAN OF THE CITY OF RICH HILL, MISSOURI, THAT:

Section 1:        That for the support of the government of the City of Rich Hill, Missouri, and to meet the contractual obligations of said City, for the tax year 2018, general, parks and recreation, library, and health taxes are hereby levied on all property subject to taxation within the corporate limits of the City of Rich Hill, Missouri, as follows:

1. For General purposes: 6877 on the $100.00 valuation.
2. For Parks and Recreation purposes: 2774 on the $100.00 valuation.
3. For support of the Rich Hill Library: 2400 on the $100.00 valuation.
4. For Health purposes: 1442 on the $100.00 valuation.

Section 2:        This Ordinance imposing a Tax Levy on Personal Property and Real Estate shall be in full force and effect from and after its date of passage.

READ two times and PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 28^th day of August, 2018.

 

__________________________

Jason Rich, Mayor

 

ATTEST:                                                                     Ayes: Humble, Kassner, Pilcher, Robb

Nays: None

__________________________

Brittany Schenker, City Clerk

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, REGULATING THE NET METERING OF ELECTRICITY.

WHEREAS, it is in the best interests of the City of Rich Hill (the “City”) and the citizens of Rich Hill to properly regulate the City’s electric supply infrastructure to ensure that it remains safe, reliable, and cost effective; and

WHEREAS, because the City is required by law to allow the net metering of electricity, as defined below, it must regulate the practice to ensure that the City’s electric supply infrastructure remains safe, reliable, and cost effective.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

Section 1:        Definitions

1. Avoided fuel cost: The current average cost of fuel for the City.
2. Customer-generator: The owner or operator of a qualified electric energy generation unit which:
   1. is powered by a renewable energy resource;
   2. has an electrical generating system with a capacity of not more than one hundred (100) kilowatts;
   3. is located on a premises owned, operated, leased, or otherwise controlled by the customer-generator;
   4. is interconnected and operates in parallel phase and synchronization with a retail electric supplier and has been approved by said retail electric supplier;
   5. is intended primarily to offset part or all of the customer-generator’s own electrical energy requirements;
   6. meets all applicable safety, performance, interconnection, and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, the Federal Energy Regulatory Commission, and the City; and
   7. contains a mechanism that automatically disables the unit and interrupts the flow of electricity back onto the supplier’s electricity lines in the event that service to the customer-generator is interrupted.
3. Net metering: Using metering equipment sufficient to measure the difference between the electrical energy supplied to a customer-generator by a retail electric supplier and the electrical energy supplied by the customer-generator to the retail electric supplier over the applicable billing period.

Section 2:        Duties and responsibilities of the City.

1. The City shall make net metering available to customer-generators on a first-come, first-served basis until the total rated generating capacity of net metering systems equals five (5) percent of the utility’s single-hour peak load during the previous year, after which the City may increase the total rated generating capacity of net metering systems to an amount above five (5) percent. However, in a given calendar year, the City shall not be required to approve any application for interconnection if the total rated generating capacity of all applications for interconnection already approved to date by said supplier in said calendar year equals or exceeds one (1) percent of the City’s single-hour peak load for the previous calendar year.
2. The City shall offer to the customer-generator a tariff or contract that is identical in electrical energy rates, rate structure, and monthly charges to the contract or tariff that the customer would be assigned if the customer were not an eligible customer-generator but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge that would not otherwise be charged if the customer were not an eligible customer-generator.
3. The City shall disclose annually the availability of the net metering program to each of its customers with the method and manner of disclosure to be determined by the City.

Section 3:        Duties and responsibilities of customer-generators.

1. A customer-generator’s facility shall be equipped with sufficient metering equipment that can measure the net amount of electrical energy produced or consumed by the customer-generator. If the customer-generator’s existing meter equipment does not meet these requirements or if it is necessary for the City to install additional distribution equipment to accommodate the customer-generator’s facility, the customer-generator shall reimburse the City for the costs to purchase and install the necessary additional equipment.  At the request of the customer-generator, such costs may be initially paid for by the City, and any amount up to the total costs and a reasonable interest charge may be recovered from the customer-generator over the course of up to twelve (12) billing cycles.  Any subsequent meter testing, maintenance, or meter equipment change necessitated by the customer-generator shall be paid for by the customer-generator.
2. Each qualified electric energy generation unit used by a customer-generator shall meet all applicable safety, performance, interconnection, and reliability standards established by the City, the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories for distributed generation.
3. A customer-generator’s system shall contain a switch, circuit breaker, fuse, or other easily accessible device or feature located in immediate proximity to the customer-generator’s metering equipment that would allow a utility worker the ability to manually and instantly disconnect the unit from the City’s electric distribution system;
4. For systems of ten (10) kilowatts or less, a customer-generator whose system meets the standards and rules under subsections 1-3 of this section shall not be required to install additional controls, perform or pay for additional tests or distribution equipment, or purchase additional liability insurance beyond what is required in subsection 1-3.
5. For customer-generator systems of greater than ten (10) kilowatts, customer-generators shall:
   1. abide by and pay for all recommendations from the City’s engineering and electrical staff and consultants for the installation, operation, and maintenance of the system, as they relate to the safety, performance, and reliability of the system; and
   2. acquire and provide proof of liability insurance in an amount not less than one hundred thousand dollars ($100,000) that provides for coverage of all risk of liability for personal injuries (including death) and damage to property arising out of or caused by the operation of the customer-generator’s system; said proof must be provided to the City on an annual basis.
6. Prior to the interconnection of a net metering system, the customer-generator shall furnish the City a certification from a qualified professional electrician or engineer that the installation of said system meets the requirements of this Ordinance; said certification shall be on a form provided by the City. In addition, the City may require an inspection by a City engineer, the cost of which may be charged to the customer-generator.

Section 4:        Calculation of net electrical energy measurement.

1. For a customer-generator, the City shall measure the net electrical energy produced or consumed during the billing period in accordance with normal metering practices for customers in the same rate class, either by employing a single, bidirectional meter that measures the amount of electrical energy produced and consumed, or by employing multiple meters that separately measure the customer-generator’s consumption and production of electricity.
2. If the electricity supplied by the City exceeds the electricity generated by the customer-generator during a billing period, the customer-generator shall be billed for the net electricity supplied by the supplier in accordance with normal practices for customers in the same rate class.
3. If the electricity generated by the customer-generator exceeds the electricity supplied by the City during a billing period, the customer-generator shall be billed for the appropriate customer charges for that billing period and shall be credited an amount at least equal to the avoided fuel cost of the excess kilowatt-hours generated during the billing period, with this credit applied to the following billing period.
4. Any credits granted by this section shall expire without any compensation at the earlier of either twelve months after their issuance or when the customer-generator disconnects service or terminates the net metering relationship with the City.
5. At the option of the City and upon concurrence from KCP&L (the wholesale generator supplying electric energy to the City), the credit to the customer-generator may be provided by KCP&L.

Section 5:        Applications, documents, and forms for net metering.

1. Applications by a customer-generator for net metering shall be in a form generally consistent with Exhibit A, which may be amended by the Mayor as needed.
2. Applications by a customer-generator for net metering shall be accompanied by the plan for the customer-generator’s electrical generating system, including but not limited to a wiring diagram and specifications for the generating unit, and shall be reviewed and responded to by the City within thirty (30) days of receipt for systems ten (10) kilowatts or less and within ninety (90) days of receipt for all other systems.
3. If an application for interconnection is approved by the City but the customer-generator does not complete the interconnection within one (1) year after receipt of notice of the approval, the approval shall expire and the customer-generator shall be responsible for filing a new application.
4. Upon a change in ownership of a qualified electric energy generation unit, the new customer-generator shall be responsible for filing a new application with the City. Failure to file a new application within one (1) year shall constitute grounds for the City terminating any agreement entered into under a previously approved application.
5. The Mayor and City Clerk are authorized to draft and utilize additional documents and forms as may be necessary to carry out the intent of this Ordinance.

Section 6:        Operation of a net metering system prohibited without City’s approval.

1. No consumer shall connect or operate an electric generation unit in parallel phase and synchronization with the City without written approval from the City that all of the requirements of this Ordinance have been met.
2. For a consumer who violates this provision, the City may immediately and without notice disconnect the electric facilities of said consumer and terminate said consumer’s electric service.

Section 7:        Liability of third parties.

1. The manufacturer of any electric generation unit used by a customer-generator may be held liable for any damages to property or person caused by a defect in the electric generation unit of a customer-generator.
2. The seller, installer, or manufacturer of any electric generation unit who knowingly misrepresents the safety aspects of an electric generation unit may be held liable for any damages to property or person caused by the electric generation unit of a customer-generator.

Section 8:        Ordinance No. 1607 is hereby repealed and replaced by this Ordinance.

Section 9:        The invalidity of any section, clause, sentence or provisions of this Ordinance shall not affect the validity of any other part of this Ordinance that can be given effect without the invalid part or parts.

Section 10:      All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

Section 11:      This Ordinance shall be in full force and effect from and after its passage and approval.

PASSED by the Board of Aldermen of the City of Rich Hill, Missouri, and APPROVED by the Mayor of Rich Hill, this 12th day of June, 2018.

 

                                                           

Jason Rich, Mayor

ATTEST:                                                                    Ayes: Kassner, Pilcher, Robb

Nays: None

Humble was absent

__________________________

Brittany Schenker, City Clerk

 

CITY OF RICH HILL, MISSOURI

APPLICATION AND AGREEMENT FOR NET METERING

Section 1:        Definitions

1. Avoided fuel cost: The current average cost of fuel for the City.
2. Customer-generator: The owner or operator of a qualified electric energy generation unit which:
   1. is powered by a renewable energy resource;
   2. has an electrical generating system with a capacity of not more than one hundred (100) kilowatts;
   3. is located on a premises owned, operated, leased, or otherwise controlled by the customer-generator;
   4. is interconnected and operates in parallel phase and synchronization with a retail electric supplier and has been approved by said retail electric supplier;
   5. is intended primarily to offset part or all of the customer-generator’s own electrical energy requirements;
   6. meets all applicable safety, performance, interconnection, and reliability standards established by the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, Underwriters Laboratories, the Federal Energy Regulatory Commission, and the City; and
   7. contains a mechanism that automatically disables the unit and interrupts the flow of electricity back onto the supplier’s electricity lines in the event that service to the customer-generator is interrupted.
3. Net metering: Using metering equipment sufficient to measure the difference between the electrical energy supplied to a customer-generator by a retail electric supplier and the electrical energy supplied by the customer-generator to the retail electric supplier over the applicable billing period.

Section 2:        Duties and responsibilities of the City.

1. The City shall make net metering available to customer-generators on a first-come, first-served basis until the total rated generating capacity of net metering systems equals five (5) percent of the utility’s single-hour peak load during the previous year, after which the City may increase the total rated generating capacity of net metering systems to an amount above five (5) percent. However, in a given calendar year, the City shall not be required to approve any application for interconnection if the total rated generating capacity of all applications for interconnection already approved to date by said supplier in said calendar year equals or exceeds one (1) percent of the City’s single-hour peak load for the previous calendar year.
2. The City shall offer to the customer-generator a tariff or contract that is identical in electrical energy rates, rate structure, and monthly charges to the contract or tariff that the customer would be assigned if the customer were not an eligible customer-generator but shall not charge the customer-generator any additional standby, capacity, interconnection, or other fee or charge that would not otherwise be charged if the customer were not an eligible customer-generator.
3. The City shall disclose annually the availability of the net metering program to each of its customers with the method and manner of disclosure to be determined by the City.

Section 3:        Duties and responsibilities of customer-generators.

1. A customer-generator’s facility shall be equipped with sufficient metering equipment that can measure the net amount of electrical energy produced or consumed by the customer-generator. If the customer-generator’s existing meter equipment does not meet these requirements or if it is necessary for the City to install additional distribution equipment to accommodate the customer-generator’s facility, the customer-generator shall reimburse the City for the costs to purchase and install the necessary additional equipment.  At the request of the customer-generator, such costs may be initially paid for by the City, and any amount up to the total costs and a reasonable interest charge may be recovered from the customer-generator over the course of up to twelve (12) billing cycles.  Any subsequent meter testing, maintenance, or meter equipment change necessitated by the customer-generator shall be paid for by the customer-generator.
2. Each qualified electric energy generation unit used by a customer-generator shall meet all applicable safety, performance, interconnection, and reliability standards established by the City, the National Electrical Code, the National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories for distributed generation.
3. A customer-generator’s system shall contain a switch, circuit breaker, fuse, or other easily accessible device or feature located in immediate proximity to the customer-generator’s metering equipment that would allow a utility worker the ability to manually and instantly disconnect the unit from the City’s electric distribution system;
4. For systems of ten (10) kilowatts or less, a customer-generator whose system meets the standards and rules under subsections 1-3 of this section shall not be required to install additional controls, perform or pay for additional tests or distribution equipment, or purchase additional liability insurance beyond what is required in subsection 1-3.
5. For customer-generator systems of greater than ten (10) kilowatts, customer-generators shall:
   1. abide by and pay for all recommendations from the City’s engineering and electrical staff and consultants for the installation, operation, and maintenance of the system, as they relate to the safety, performance, and reliability of the system; and
   2. acquire and provide proof of liability insurance in an amount not less than one hundred thousand dollars ($100,000) that provides for coverage of all risk of liability for personal injuries (including death) and damage to property arising out of or caused by the operation of the customer-generator’s system; said proof must be provided to the City on an annual basis.
6. Prior to the interconnection of a net metering system, the customer-generator shall furnish the City a certification from a qualified professional electrician or engineer that the installation of said system meets the requirements of this agreement and the applicable City ordinance; said certification shall be on a form provided by the City. In addition, the City may require an inspection by a City engineer, the cost of which may be charged to the customer-generator.

Section 4:        Calculation of net electrical energy measurement.

1. For a customer-generator, the City shall measure the net electrical energy produced or consumed during the billing period in accordance with normal metering practices for customers in the same rate class, either by employing a single, bidirectional meter that measures the amount of electrical energy produced and consumed, or by employing multiple meters that separately measure the customer-generator’s consumption and production of electricity.
2. If the electricity supplied by the City exceeds the electricity generated by the customer-generator during a billing period, the customer-generator shall be billed for the net electricity supplied by the supplier in accordance with normal practices for customers in the same rate class.
3. If the electricity generated by the customer-generator exceeds the electricity supplied by the City during a billing period, the customer-generator shall be billed for the appropriate customer charges for that billing period and shall be credited an amount at least equal to the avoided fuel cost of the excess kilowatt-hours generated during the billing period, with this credit applied to the following billing period.
4. Any credits granted by this section shall expire without any compensation at the earlier of either twelve months after their issuance or when the customer-generator disconnects service or terminates the net metering relationship with the City.
5. At the option of the City and upon concurrence from KCP&L (the wholesale generator supplying electric energy to the City), the credit to the customer-generator may be provided by KCP&L.

Section 5:        Applications for net metering.

1. Applications by a customer-generator for net metering shall be accompanied by the plan for the customer-generator’s electrical generating system, including but not limited to a wiring diagram and specifications for the generating unit, and shall be reviewed and responded to by the City within thirty (30) days of receipt for systems ten (10) kilowatts or less and within ninety (90) days of receipt for all other systems.
2. If an application for interconnection is approved by the City but the customer-generator does not complete the interconnection within one (1) year after receipt of notice of the approval, the approval shall expire and the customer-generator shall be responsible for filing a new application.
3. Upon a change in ownership of a qualified electric energy generation unit, the new customer-generator shall be responsible for filing a new application with the City. Failure to file a new application within one (1) year shall constitute grounds for the City terminating any agreement entered into under a previously approved application.

Section 6:        Application standards.

1. Application requirements
   1. Applications shall be legible.
   2. All applicable fields will be completely filled out as required. Incomplete applications will be returned.
2. Installation plan
   1. A legible general site or plan drawing of the installation must be included. Detail architectural or construction drawings are not required.
   2. A legible map of the location must be included. The general location of the installation and the location of the associated meter should be depicted.
3. Application submittal
   1. Applications will be accepted in hardcopy or electronic PDF format.
   2. Hard-copy applications will only be accepted via mail delivery to:

Rich Hill City Hall

120 N. 7^th St.

Rich Hill, MO  64779

1. Electronic-copy applications shall be submitted in a single file e-mail, presented in PDF format. Unless the file size exceeds e-mail limitations, multiple files will not be accepted.
2. Electronic-copy applications must be e-mailed to cityclerk@richhillmo.com.

4. All applications will be processed in the order they are received.

Section 7:        Customer-generator’s information.

1. Name on electric utility account: ____________________________________________
2. Electric utility account number: _____________________________________________
3. Name of contact person: ___________________________________________________
4. Service address: __________________________________________________________
5. City: ___________________________________________________________
6. State: ___________________________________________________________
7. Zip code: ___________________________________________________________
8. Mailing address (if different from above): _____________________________________
9. City: ___________________________________________________________
10. State: ___________________________________________________________
11. Zip code: ___________________________________________________________
12. E-mail address: __________________________________________________________
13. Phone number: ___________________________________________________________
14. Fax number: ___________________________________________________________
15. Emergency contact person: _________________________________________________
16. Phone number of emergency contact person: ___________________________________

Section 8:        Customer-generator’s system information.

1. Manufacturer name plate power rating: ________________________________________
2. Voltage: ________ volts
3. Inverter/interconnection equipment manufacturer: _______________________________
4. Inverter/interconnection equipment model number: ______________________________
5. Inverter/interconnection equipment location: ___________________________________
6. Outdoor manual/utility accessible and lockable disconnect switch location: ________________________________________________________________________
7. Certify that the disconnect switch will be located adjacent to the customer-generator’s electric service meter or explain where and why an alternative location of the disconnect switch is being requested: __________________________________________________

________________________________________________________________________

8. Existing electrical service capacity: ________ amperes, Voltage: ________ volts
9. Service character: ____ single phase ____ three phase
10. Total capacity of existing customer-generator system (if applicable): ________ kW
11. System plans, specifications, and wiring diagram have been attached: ____ yes ____ no

Section 9:        Customer-generator’s system installation information.

1. Company installing system: _________________________________________________
2. Contact person of company installing system: __________________________________
3. Phone number of contact person: _____________________________________________
4. Contractor’s license number (if applicable): ____________________________________
5. Approximate installation date: _______________________________________________
6. Mailing address: __________________________________________________________
7. City: ___________________________________________________________
8. State: ___________________________________________________________
9. Zip code: ___________________________________________________________
10. Phone number: ___________________________________________________________
11. Fax number: ___________________________________________________________
12. E-mail: ___________________________________________________________
13. Engineer/electrician who will inspect/certify installation: _________________________

Section 10:      Pre-construction installation certification.

The customer-generator’s proposed system hardware complies with all applicable National Electrical Safety Code (NESC), National Electrical Code (NEC), Institute of Electrical and Electronics Engineers (IEEE), and Underwriters Laboratories (UL) requirements for electrical equipment and their installation.  As applicable to system type, these requirements include, but are not limited to, UL 1703, UL 1741 and IEEE 1547. The proposed installation complies with all applicable local electrical codes and all reasonable safety requirements of the City. The proposed system has a lockable, visible AC disconnect device, accessible at all times to City personnel and the switch is located adjacent to the customer-generator’s electric service meter (except in cases where the City has approved an alternate location).  The system is only required to include one lockable, visible disconnect device, accessible to the City.  If the interconnection equipment is equipped with a visible, lockable, and accessible disconnect, no redundant device is needed to meet this requirement. The customer-generator’s proposed system has functioning controls to prevent voltage flicker, DC injection, overvoltage, undervoltage, overfrequency, underfrequency, and overcurrent, and to provide for system synchronization to the City’s electrical system.  The proposed system does have an anti-islanding function that prevents the generator from continuing to supply power when the City’s electric system is not energized or operating normally.  If the proposed system is designed to provide uninterruptible power to critical loads, either through energy storage or back-up generation, the proposed system includes a parallel blocking scheme for this backup source that prevents any backflow of power to the City’s electrical system when the electrical system is not energized or not operating normally

1. Printed name (installer): ____________________________________________________
2. Signed (installer): _________________________________________________________
3. Date: ___________________________________________________________

Section 11:      Additional terms and conditions.

1. If it appears to the City, at any time, in the reasonable exercise of its judgment, that operation of the customer-generator’s system is adversely affecting safety, power quality, or reliability of the City’s electrical system, the City may immediately disconnect and lock-out the customer-generator’s system from the City’s electrical system. The customer-generator shall permit the City’s employees and inspectors reasonable access to inspect, test, and examine the customer-generator’s system.
2. This agreement becomes effective upon approval of the customer-generator’s application and when signed by both the customer-generator and the City. The agreement shall be in effect until terminated.  Either party may terminate this agreement by giving the other party at least thirty (30) days prior written notice that the other party is in default of any of the terms and conditions of this Agreement, so long as the notice specifies the basis for termination, and there is an opportunity to cure the default. This agreement may also be terminated at any time by mutual agreement of the customer-generator and the City. This agreement may also be terminated, by approval of the City, if there is a change in Missouri State Statutes that is determined to be applicable to this agreement and necessitates its termination.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK

CUSTOMER-GENERATOR

__________________________

(Signature)

By: _______________________

Title: _____________________

Date: _____________________

CITY OF RICH HILL, MISSOURI                                                               

__________________________

Jason Rich, Mayor

Date: _____________________

                                                           

ATTEST:

__________________________

Brittany Schenker, City Clerk

 

APPLICATION DENIED

__________________________

Jason Rich, Mayor

Date: _____________________

Reason for denial:

AN ORDINANCE ADOPTING AMENDMENTS TO BUDGET FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2018 AND ENDING DECEMBER 31, 2018 AND APPROPRIATING FUNDS THERETO FOR THE CITY OF RICH HILL, MISSOURI.

______________________________________________________________

WHEREAS, the Mayor has presented to the Board of Alderman an amendment to the budget for the fiscal year beginning on January 1, 2018, and

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

Section 1:  The annual budget he City of Rich Hill, Missouri, for the fiscal year beginning January 1, 2018, and ending December 31, 2018, which was passed by the Board of Alderman shall be amended; a copy of which is attached hereto and made part hereof as is fully set forth herein, having been heretofore submitted by the City Clerk is hereby adopted.

Section 2:  Funds are hereby appropriated for the objects and purposes of expenditures set forth in said budget.

Section 3:  This ordinance shall be in full force and effect from and after its passage by the Board of Aldermen.

Section 4:  Ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Read two times and passed this 24th day of July 2018

________________________________

Jason Rich, Mayor

Attest:

________________________________

Brittany Schenker, City Clerk

Ayes: Humble, Robb, Pilcher, Kassner

Nays: None

CITY OF RICH HILL7/24/2018  5:39PM    Page 1 

Unposted Budget Revisions

Number  Fiscal      Fiscal          Reason     Line          Account   Increase   Decrease                     Year        Period                            Number   Number

76   2018     7       Budget Amendment  1       21-00-4014       0.00           45,000.00

                                        2       21-09-4010       0.00           23,800.00

                                        3       21-00-4700       0.00             5,500.00

                                        4      21-09-4700        0.00            6,300.00

                                        5       21-00-4460       0.00            2,000.00

                                        6       21-00-4070       0.00            8,000.00

                                        7       21-00-4130    90,000.00             0.00

                                        8       22-00-4010       0.00            3,000.00

                                        9       22-00-4015       0.00           6,000.00

                                        10      22-00-4700       0.00          2,500.00

                                        11      22-07-4010        0.00         10,000.00

                                        12      22-07-4015        0.00           2,000.00

                                        13      22-07-4700       0.00           2,800.00

                                        14      22-00-4130    38,000.00            0.00

                                        15      22-00-5020        0.00        12,000.00
       Totals              128,000.00       128,900.00

Salary Amendments

August 6 through December 31, 2018

2018	Employee			Yearly	Account Number	Percentage	Totals
City Crew	Superintendent	Full Time		$    46,100.00	06-00-4010	25.0%	$11,525.00
Hours	2080	$20.00	$41,600.00		07-00-4010	4.0%	$1,844.00
OT	150	$30.00	$4,500.00		08-00-4010	5.0%	$2,305.00
					09-00-4010	10.0%	$4,610.00
					21-00-4010	0.0%	$0.00
					21-09-4010	0.0%	$0.00
					22-00-4010	0.0%	$0.00
open					22-07-4010	0.0%	$0.00
					24-00-4010	25.0%	$11,525.00
					25-00-4010	31.0%	$14,291.00
					Totals	100.0%	$46,100.00
City Crew	Streets	Full Time		$    28,383.75	06-00-4010	85.0%	$24,126.19
					07-00-4010	0.0%	$0.00
Hours	2080	$13.50	$28,080.00		09-00-4010	0.0%	$0.00
OT	15	$20.25	$303.75		21-09-4010	0.0%	$0.00
					22-07-4010	0.0%	$0.00
Scott					24-00-4010	15.0%	$4,257.56
					25-00-4010	0.0%	$0.00
					Totals	100.0%	$28,383.75
City Crew	Electric Superintendent	Full Time		$    42,022.50	06-00-4010	0.0%	$0.00
Hours	2080	$19.50	$40,560.00		07-00-4010	0.0%	$0.00
OT	50	$29.25	$1,462.50		08-00-4010	0.0%	$0.00
					09-00-4010	0.0%	$0.00
					21-00-4010	0.0%	$0.00
Bart					21-09-4010	0.0%	$0.00
					22-00-4010	0.0%	$0.00
					24-00-4010	0.0%	$0.00
					25-00-4010	100.0%	$42,022.50
					Totals	100.0%	$42,022.50
City Crew	Electric Lineman	Full Time		$    40,945.00	06-00-4010	0.0%	$0.00
Hours	2080	$19.00	$39,520.00		07-00-4010	0.0%	$0.00
OT	50	$28.50	$1,425.00		08-00-4010	0.0%	$0.00
					09-00-4010	0.0%	$0.00
					21-00-4010	0.0%	$0.00
Ron					21-09-4010	0.0%	$0.00
					22-00-4010	0.0%	$0.00
					24-00-4010	0.0%	$0.00
					25-00-4010	100.0%	$40,945.00
					Totals	100.0%	$40,945.00
City Crew	Electric Lineman	Full Time		$    32,325.00	06-00-4010	0.0%	$0.00
Hours	2080	$15.00	$31,200.00		07-00-4010	0.0%	$0.00
OT	50	$22.50	$1,125.00		08-00-4010	0.0%	$0.00
					09-00-4010	0.0%	$0.00
Jayce					21-00-4010	0.0%	$0.00
					21-09-4010	0.0%	$0.00
					22-00-4010	0.0%	$0.00
					24-00-4010	0.0%	$0.00
					25-00-4010	100.0%	$32,325.00
					Totals	100.0%	$32,325.00
City Crew	Refuse	Full Time		$    23,127.50	06-00-4010	0.0%	$0.00
Hours	2080	$11.00	$22,880.00		07-00-4010	0.0%	$0.00
OT	15	$16.50	$247.50		08-00-4010	0.0%	$0.00
					09-00-4010	10.0%	$2,312.75
					21-09-4010	0.0%	$0.00
Jacob					22-07-4010	0.0%	$0.00
Eligible for a raise after probation					24-00-4010	80.0%	$18,502.00
					25-00-4010	10.0%	$2,312.75
					Totals	100.0%	$23,127.50
City Crew	Refuse	Full Time		$    31,537.50	06-00-4010	20.0%	$6,307.50
Hours	2080	$15.00	$31,200.00		07-00-4010	0.0%	$0.00
OT	15	$22.50	$337.50		08-00-4010	0.0%	$0.00
					09-00-4010	0.0%	$0.00
Carl					21-09-4010	0.0%	$0.00
					22-07-4010	0.0%	$0.00
					24-00-4010	80.0%	$25,230.00
					25-00-4010	0.0%	$0.00
					Totals	100.0%	$31,537.50
City Crew	Parks	Full Time		$    25,230.00	06-00-4010	0.0%	$0.00
Hours	2080	$12.00	$24,960.00		07-00-4010	75.0%	$18,922.50
OT	15	$18.00	$270.00		08-00-4010	0.0%	$0.00
					09-00-4010	0.0%	$0.00
Blake					21-09-4010	0.0%	$0.00
					22-07-4010	0.0%	$0.00
					24-00-4010	0.0%	$0.00
					25-00-4010	25.0%	$6,307.50
					Totals	100.0%	$25,230.00
City Crew	Cemetery	Part Time		$      8,800.00	09-00-4010	100.0%	$8,800.00
Brendan
Hours	880	$10.00	$8,800.00		Totals	100.0%	$8,800.00
City Crew	Seasonal Worker	Part Time		$      5,120.00	06-00-4010	0.0%	$0.00
Hours	640	$8.00	$5,120.00		07-00-4010	45.0%	$2,304.00
OT					08-00-4010	10.0%	$512.00
					09-00-4010	45.0%	$2,304.00
	20 hours for 16 weeks				21-09-4010	0.0%	$0.00
					22-07-4010	0.0%	$0.00
Bryce					24-00-4010	0.0%	$0.00
					25-00-4010	0.0%	$0.00
					Totals	100.0%	$5,120.00
				$283,591.25			$283,591.25
	2017				2018
	01-05-4000				01-05-4000
	01-05-4020		$0.00		01-05-4020		$0.00
	02-00-4010				02-00-4???
	02-00-4017		$0.00		02-00-4017		$0.00
					03-00-4015
	03-00-4015				03-00-4020
	03-00-4530		$0.00		03-00-4530		$0.00
	05-00-4020				05-00-4020
	05-00-4530		$0.00		05-00-4530		$0.00
	06-00-4010	$36,710.53			06-00-4010	$41,958.69
	06-00-4020		$36,710.53		06-00-4020		$41,958.69
					07-00-4010	$23,070.50
	07-00-4010	$23,190.79	$23,190.79		07-00-4020		$23,070.50
	08-00-4010	$5,542.50			08-00-4010	$2,817.00
	08-00-4020				08-00-4020
	08-00-4530		$5,542.50		08-00-4530		$2,817.00
	09-00-4010	$13,456.21			09-00-4010	$18,026.75
	09-00-4020		$13,456.21		09-00-4020		$18,026.75
	13-00-4016		$0.00		13-00-4016		$0.00
	21-00-4010				21-00-4010
	21-00-4014				21-00-4014
	21-00-4020		$0.00		21-00-4020		$0.00
	21-09-4010		$0.00		21-09-4010		$0.00
	22-00-4010				22-00-4010
	22-00-4015				22-00-4015
	22-00-4020		$0.00		22-00-4020		$0.00
	22-07-4015				22-07-4015
	22-07-4010		$0.00		22-07-4010		$0.00
	24-00-4010	$62,447.26			24-00-4010	$59,514.56
	24-00-4020		$62,447.26		24-00-4020		$59,514.56
	25-00-4010	$142,383.64			25-00-4010	$138,203.75
	25-00-4020		$142,383.64		25-00-4020		$138,203.75
		$283,730.93	$283,730.93			$283,591.25	$283,591.25

AN ORDINANCE OF THE CITY OF RICH HILL, MISSOURI, AUTHORIZING THE MAYOR OF THE CITY, ON BEHALF OF THE CITY, TO ENTER INTO AN AGREEMENT WITH ALLIANCE WATER RESOURCES, INC, FOR WATER AND WASTEWATER SERVICES; AUTHORIZING THE MAYOR AND OTHER CITY OFFICIALS TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY AND TO TAKE ALL ACTION NECESSARY, TO COMPLETE AND PERFORM SAID AGREEMENT; AND FIXING AN EFFECTIVE DATE

___________________________________________________________

WHEREAS, the City of Rich Hill, Missouri has determined that it has a need for water and wastewater professionals to operate and maintain the water treatment plant, wastewater treatment plant, water distribution, and wastewater collections; and

WHEREAS, the Mayor and the Board of Aldermen have determined that the terms and provisions of the proposed Agreement Between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services by and between the City and Alliance Water Resources, Inc., will serve the interests of the City.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI, AS FOLLOWS:

SECTION A. The City of Rich Hill, Missouri, shall enter into an Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services by and between the City and Alliance Water Resources, Inc.  A true and accurate copy of the proposed Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services is attached hereto and incorporated herein by reference.

SECTION B. The Mayor and City Clerk are hereby authorized to execute the Agreement between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services, on behalf of the City, and the Mayor and other City personnel are authorized to take all action necessary to complete and perform the Agreement Between City of Rich Hill, Missouri and Alliance Water Resources, Inc. for Water and Wastewater Services.

SECTION C. This ordinance shall be in full force and effect from and after its passage and approval.

READ TWO TIMES, PASSED AND APPROVED THIS 12^th DAY OF JUNE, 2018.

 

___________________________________              Ayes: Kassner, Pilcher, Robb

Jason Rich, Mayor                                                      Nays: None

Humble was absent

ATTEST:

 

______________________________

Brittany Schenker, City Clerk

 

PROFESSIONAL OPERATING SERVICES

AND MANAGEMENT AGREEMENT

 

THIS AGREEMENT made and entered into as of this _____ day of _______________ 20_____ (hereinafter referred to as the “Agreement”) by and between the CITY OF RICH HILL, 120 N. 7^th Street, Rich Hill, Missouri, 64779 (hereinafter referred to as the “City”) and ALLIANCE WATER RESOURCES, INC., a Missouri corporation (hereinafter referred to as “Alliance”).

 

WITNESSETH:

 

WHEREAS, Alliance is engaged in the business of providing management, operation and maintenance services for public water supply, treatment plant and distribution systems and wastewater collection and treatment systems; and

 

WHEREAS, the City owns a public utility system and is engaged in providing water and sewer service in certain areas in and around the City of Rich Hill, Missouri; and

 

WHEREAS, the City desires to retain Alliance to perform management, operation, and maintenance services in accordance with the terms and conditions of this Agreement;

 

NOW THEREFORE, in consideration of the mutual promises herein contained, and for other good and valuable consideration, the receipt of which hereby is acknowledged, the City and Alliance hereby agree as follows:

 

1. INTRODUCTION

 

1.1       The foregoing recitals are adopted as part of this Agreement.

 

1.2       This Agreement shall supersede and nullify, as of the effective date hereof, any and all prior agreements, amendments to agreements offers, service fees, quotations, and estimates between the parties with respect to the management, operation and maintenance of the City’s Utility System (as that term is defined herein).

 

1.3       This Agreement, including any and all Appendices, Addenda, and Amendments hereto, constitutes the entire Agreement between the City and Alliance with respect to the management, operation and maintenance of the City’s Utility System.

 

2. DEFINITIONS

 

2.1       “Base Fee” shall mean direct cost plus administrative overhead expense, and management fee. Direct cost shall include labor, materials, supplies, equipment, subcontractor expense or operating expense of any kind necessary to operate and maintain the City’s System in accordance with the Scope of Services as defined in this Agreement.

 

2.2       “Benefit Plans” shall mean employee benefit programs such as                                 health insurance, group life insurance, and paid vacation periods                              normally included as part of Alliance’s employees’ overall                                             compensation package.

 

2.3       “Capital Expenditures” shall mean any expenditure for                                                equipment items, the installation of which materially extends                                              service life, or for replacements, or which are considered capital                           expenditures in accordance with generally accepted accounting                                   principles, or which are non-routine types of expenditures on                                      an annual basis, or expenditures which the City has planned or                                 budgeted as capital expenditures.

 

2.4       “Certified Operators” shall mean water and/or wastewater systems                           operation personnel who have met the applicable licensing                                              requirements of the State of Missouri.

 

2.5       “Chemical Limit” is defined as the total dollar amount that Alliance will be responsible for in a twelve-month period relating to Chemical Expenditures.  The City is responsible for all such expenditures that exceed the Chemical Limit.  If chemical costs are less than the annual Chemical Limit, Alliance will refund to the City the difference.

 

2.6       “City’s Utility System” shall mean the facilities owned by the City including additions, replacements and improvements to such systems as described in Section 3 of this Agreement.

 

2.7       “Customer” is defined as any person, persons, firm, corporation or partnership using or allowing the use of water and/or sewer service(s) provided by the City.

 

2.8       “Duly Authorized Representative” shall mean such person,                                        designated by either party by written notice to the other, as specific                           representative of the designating party in connection with                                      performance of this Agreement.

 

2.9       “Equipment, Vehicle or Facility Repair Expenditures” shall mean those Operating Expenditures for labor, materials and subcontractors incurred by Alliance to perform those non-routine or non-repetitive activities required for operational continuity, safety and performance and which generally arise upon failure of equipment, a vehicle, or the facility, or some component thereof.

 

2.10    “Maintenance Expenditures” shall mean those Operating                                            Expenditures incurred by Alliance to perform routine or repetitive                               activities required or recommended by the equipment or plant item                                manufacturer, or Alliance, to maximize the service life of the                                          equipment or plant item.

 

2.11    “Operating Expenses” shall mean costs of every kind and nature that Alliance shall determine necessary to pay or to become obligated to pay because of, or in connection with, the management, operation and maintenance of the City’s Utility System.

 

2.12    “Repair Limit” is defined as the total dollar amount that Alliance will be responsible for in a twelve-month period relating to Maintenance Expenditures and Equipment, Vehicle or Facility Repair Expenditures. The City is responsible for all such expenditures that exceed the Repair Limit.  If repair costs are less than the annual Repair Limit, Alliance will refund to the City the difference.

 

2.13    “Utility Services” means the provision by the City of water and/or sewer services to its customers.

 

 

3. CITY’S UTILITY SYSTEM

 

3.1       The City’s Utility System to be managed, operated and maintained by Alliance shall consist of the water pumping, water treatment, wastewater treatment, water distribution, and sewer collection, facilities owned by the City including but not limited to water treatment plant, wastewater treatment plant, water intake, water reservoir, water distribution, collection system, and lift stations.  It shall also include additions, replacements, and improvements to such systems.

 

3.2       The City’s Utility System shall include all physical property, whether real, personal, or mixed, comprising such systems, as well the land thereunder owned or leased by the City or other city or municipal owned water or wastewater system contracting with the City for services and easements and rights of way.

 

4. OWNERSHIP

 

4.1       The City’s Utility System shall remain the property of the City.

 

4.2       All additions, replacements and improvements to the City’s Utility System, and extensions thereof, shall be and remain the property of the City as installed.

 

5. SCOPE OF SERVICES

 

5.1       Subject to the terms and conditions of this Agreement, Alliance shall provide all management, operation and maintenance services and shall bear the cost of such operating services as necessary to enable the City to provide adequate Utility Services to its customers, and to conduct the general business of the City.

 

5.2       Within the design capacity and capability of the City’s Utility System, Alliance shall operate and maintain the City’s Utility System to meet the requirements of the Missouri Department of Natural Resources, and any other governmental entity or agency having regulatory control over the City’s Utility System.

 

5.3       All services hereunder shall be in accordance with sound management, accounting and engineering principles and the law.

 

5.4       Alliance shall not be responsible for payment of extraordinary utility system and equipment maintenance, repair or replacement expenses.

 

Extraordinary expenses shall be defined as costs in excess of the maximum annual Repair Limit as specified herein.  In addition, any individual project repair costs in excess of $1,000 shall be considered extraordinary.

 

In the event that any extraordinary expenses should occur, the City shall be promptly notified and shall be provided with an accounting of such expenses.  Any extraordinary expenses must be approved by the City in advance and payment thereof shall be the responsibility of the City.

 

5.5       Alliance shall maintain documentation of routine maintenance. A duly authorized representative of the City shall have the right to inspect these records during regular business hours.  Maintenance shall not include repair resulting from flood, fire or other extraordinary occurrences customarily not encountered in the operation and maintenance of the City’s Utility System.

 

5.6       Except as stated in Section 5.7, Capital Expenditures are not included in the scope of Alliance’s services under this Agreement.  All capital expenditures shall be the responsibility of the City, and if to be performed by Alliance, shall be the subject of a separate agreement and paid for by the City.

 

5.7       Notwithstanding Section 5.6, Alliance shall make emergency Capital Expenditures if such expenditures are necessary to continue operation of the City’s Utility System so as to provide adequate service, and prior approval of Utility reasonably cannot be obtained.  The City shall reimburse Alliance for such emergency Capital Expenditures in accordance with Section 7.

 

5.8       Alliance shall not be responsible for payment of any elected or appointed officials’ compensation.

 

5.9       The following expenditures are specifically excluded from Alliance’s scope of work and payment obligations:

 

a. Capital Expenditures, except those described in Section 5.7

b. Changes in scope of work which would have the effect of increasing Alliance’s payment obligations, except as otherwise mutually agreed upon by Alliance and the City.

c. Flood and fire damages.

d. Property damage, liability and directors’ liability insurance.

e. The City’s expenses including electric, gas, telephone, water and sewer, SCADA, circuit communications and alarm expenses.  (Cell phone and internet expenses excluding those related to SCADA are included in Alliance’s Base Fee.)

f. Excavations and repairs made by contractors for extraordinary or routine maintenance of mains and appurtenances.

g. Professional services including but not limited to legal, accounting and design engineering services.

h. Maintenance and repair services necessary to restore newly acquired facilities to reasonable operating condition.

i. Personal property or other taxes.

j. Extraordinary maintenance repair or equipment replacement expense as specified in Section 5.4 or as otherwise provided for in the annual utility budget.

k. Wholesale treatment charges or water purchase expenses.

l. All office and field services building expense including but not limited to rent, utilities and maintenance expense.

5.10    Alliance will staff the City’s Utility System with sufficient numbers of State water and wastewater Certified Operators experienced in the City’s Utility System operation and maintenance to meet regulatory requirements.

 

5.11    Alliance has the right to use subcontractors and consultants to                                   satisfy its obligations under this Agreement.

 

5.12    The City at any time may request Alliance to perform additional services which are outside the Scope of Services under this Agreement.  Alliance shall invoice such services to the City at actual cost plus 10%. The City shall pay such invoices in accordance with Section 7.

 

5.13    Alliance shall prepare and provide a monthly operations report, meet and discuss report with the City or duly authorized representative when requested.

 

5.14    Alliance shall develop and prepare annual Consumer Confidence Reports for the City to distribute to customers in accordance with MDNR regulations.

 

5.15    Alliance shall direct the work of any of the City’s real estate and easement acquisition agents, work cooperatively with the City’s engineers and Legal Counsel for the purposes of obtaining water and sewer easements, property acquisitions and other real estate needs as determined necessary by the City.

 

5.16    Alliance shall develop and prepare annual budgetary proposals and recommendations for the City’s consideration.

 

5.17    Alliance shall prepare or assist in the preparation of governmental, official and customer correspondence including monthly, quarterly or annual reports, develop and prepare press releases, provide other information and educational materials as deemed necessary or appropriate to help perform the City’s public purpose.

 

5.18    Alliance shall be responsible for the feeding and watering of the animals held in the City’s dog pound and the cleaning of the kennels. The City shall provide for all feed and supplies used for these tasks.

 

 

6. COMPENSATION

 

6.1       The City shall pay Alliance a Base Fee of $385,000.00 per year ($32,083.33 per month) for services rendered as described in the Agreement for the first full year of service beginning January 1, 2019 and ending December 31, 2019. The Base Fee for the first full year of service includes a $20,000.00 Repair Limit and a $45,000.00 Chemical Limit as described in this agreement.

 

The City shall pay Alliance a prorated Base Fee of $160,416.65 ($32,083.33 per month) for services rendered as described in the Agreement for the period starting August 1, 2018, and ending December 31, 2018.  The prorated Base Fee includes a $8,333.00 Repair Limit and a $18,750.00 Chemical Limit.

 

 

 

6.2       The Base Fee, Repair Limit, and Chemical Limit shall be subject to renegotiation at the end of the first year of service and annually thereafter and thus may be revised with the written consent of both parties.  In the event that the parties fail to agree, the Base Fee, Repair Limit, and Chemical Limit shall be adjusted in proportion to the change in the Consumer Price Index for all urban consumers (U.S. City Average) in the most recent twelve (12) month period prior to the time of renegotiation as published by the U.S. Department of Labor. Such increase shall not be less than 3% and not more than 8% unless otherwise agreed upon.

 

6.3       The Base Fee, Repair Limit, and Chemical Limit shall be subject to renegotiation due to any substantial change in the costs of the City’s Utility System operation and maintenance, including but not limited to changes in flow, customer accounts, monitoring or reporting requirements, personnel or staffing requirements, or increased costs due to Force Majeure occurrences.

 

6.4       In the event that a change in the Scope of Services provided by Alliance occurs, and is mutually agreed upon with the City, Alliance and the City will negotiate a commensurate adjustment in compensation.  All compensation adjustments resulting from changes in the Scope of Services provided by Alliance shall be retroactive to the date the new or increased level of service is first provided.

 

7. PAYMENT OF COMPENSATION

 

7.1       The compensation described in Section 6 shall be payable monthly and shall be due and payable on the first of the month for which services were rendered.

 

7.2       All other compensation due to Alliance from the City shall be due upon receipt of Alliance’s invoice and payable within thirty (30) days.

 

7.3       The City shall pay interest at the rate of nine percent (9%) per annum on compensation not paid when due, or payments of invoices not paid within thirty (30) calendar days.  Interest shall commence on the due date.

 

8. INDEMNITY, LIABILITY AND INSURANCE

 

8.1       Alliance shall indemnify, save harmless and defend the City and its officers, employees, and agents from any and all claims, liabilities, penalties, fines, forfeitures, suits and costs and expenses incident thereto, including reasonable attorneys’ fees, which the City may incur, pay in settlement, or become responsible for as result of death or bodily injury to any person, damage to any property, adverse effects on the environment, or violation of any law arising out of or relating to Alliance’s material breach of any term of this Agreement, or any negligent or willful act or omission of Alliance, its employees, or subcontractors in the performance of this Agreement.

 

The City shall, to the extent permitted by law and without any waiver of sovereign immunity, indemnify, save harmless and defend Alliance from any and all claims, liabilities, penalties, fines, forfeitures, suits and costs and expenses incident thereto, including reasonable attorney’s fees, which Alliance may incur, pay in settlement, or becoming responsible for as a result of death or bodily injury to any person, damage to any property, adverse effects on the environment, or violation of any law arising out of or relating to the City’s material breach of any term of this Agreement, or any negligent or willful act or omission of the City, its employees, or subcontractors in the performance of this Agreement.

 

The City and Alliance shall each provide the other with prompt and timely written notice of any event or proceeding of which either acquires knowledge and for which indemnification may be sought so that each shall have any opportunity which exists to take such actions as may be desirable to contain or minimize the consequences of any such event or proceeding and to defend or settle at such party’s expense any such proceeding.

 

8.2       Alliance shall be liable for fines or civil penalties imposed by regulatory agencies for violation of the City’s NPDES permits or rules or regulations of the Missouri Department of Natural Resources or the United States Environmental Protection Agency which occur during the term of this Agreement and which were caused by Alliance’s negligence or willful conduct.  Alliance shall be given full authority to contest such violations and the City shall assist Alliance in such proceedings.  Except to the extent caused by Alliance’s negligence, willful conduct, or breach of its obligations under this Agreement, Alliance shall not be responsible for fines or penalties or any other liability if influent characteristics exceed Facility design parameters, influent contains biologically toxic substances, source water contains non-treatable substances or the Facility is inoperable due to circumstances beyond Alliance’s control (See Exhibit B).

 

8.3       Alliance’s liability under this Agreement specifically excludes any and all indirect or consequential damages arising from the operation, maintenance, and management of the Facility. Alliance shall not be responsible for damages caused by any defects or flaws inherent in the City’s Utility System as it exists prior to Alliance beginning operations.  Additionally, Alliance shall not be responsible for such damages in the event that Alliance has notified the City of any defects and the City fails to authorize appropriate corrective action.  Alliance and the City agree that throughout the life of this Agreement any and all damage claims related to the City’s Utility System shall continue to be processed and resolved in accord with the City’s current practice.

 

8.4       Each party shall obtain and maintain insurance coverage of a type and in amounts described in Exhibit A.  Each party, to the extent permitted by law, shall name the other party as an additional insured on all insurance policies covering the Facility and shall provide the other party with satisfactory proof of insurance upon written request.

 

9. TERM AND TERMINATION

 

9.1       This Agreement shall become effective on August 1, 2018, and shall remain in effect through December 31, 2023, subject to annual appropriation of funds by the City. If the City appropriates funds for operation and/or maintenance of the City’s Utility System this Agreement shall remain in force and effect.

 

9.2       This Agreement shall be automatically renewed for successive terms of one (1) year each unless notice of cancellation is given by either party no less than ninety (90) days prior to date of expiration.

 

9.3       This Agreement may be terminated by either party for breach of contract terms by the other.  Such right of termination shall be in addition to any other claims or remedies either party may have against the other at law or in equity.

 

9.4       Such termination shall be effected as follows:  The party declaring a breach shall give the other written notice of the breach and sixty (60) days from the date of notice to cure.  In the event the other party fails to cure within that period, the party serving notice may elect to terminate and shall give written notice of its election to terminate effective not more than ninety (90) days after the date of the notice of election to terminate.

 

9.4       If a breach is claimed by Alliance over a disputed invoice or payment, Alliance will, at the City’s option, continue to perform under the Agreement subject to resolution of the dispute by a court or agency of competent jurisdiction, provided either party initiates such action within the sixty (60) day cure period.

 

10. LABOR DISPUTES

 

10.1    In the event labor stoppages by employee groups or unions (i.e., picketing) cause a disruption in Alliance’s employees entering and working on the City’s Utility System, Alliance, at its own option, may seek appropriate injunctive court orders or temporary, additional, qualified personnel.  During the labor dispute, Alliance shall operate the City’s Utility System on a best efforts basis until labor relations are normalized.

 

11. EXTRAORDINARY CIRCUMSTANCES

 

11.1    Neither party shall be liable for its failure to perform its obligations under this Agreement if performance is made extraordinarily difficult, or costly, due to any unforeseeable occurrences beyond its reasonable control, including, but not limited to, fire, abnormal flooding, riot, war, sabotage, governmental laws, ordinances, rules or regulations, except that Alliance will be responsible for failure to perform as a result of governmental action based on Alliance’s failure to comply with rules, regulations and laws pertaining to the City’s Utility System; inability to obtain electricity or other type of power, cessation of transportation, and other similar contingencies.

 

11.2    The party claiming inability to perform hereunder shall notify the other party immediately by verbal communication and in writing by certified mail, return receipt requested, of the nature and extent of the contingency within fourteen (14) days after its occurrence.

 

11.3    A declaration of inability to perform under this contract by either party does not relieve the parties from obligations not affected by the conditions claiming inability under this provision of the Agreement.

 

 

12. FUTURE CONSTRUCTION

 

12.1    Alliance, along with the City and the City’s designated Consulting Engineering firm, will work together to maintain accessibility and minimize disruption and outages to the existing City’s Utility System when future improvements are under construction.

 

12.2    Alliance will work with the City and the City’s consulting engineer(s) and contractor(s) to coordinate activities.  In the event a critical piece of equipment or plant must be taken out of service, a plan shall be developed and approved by all parties ten (10) working days prior to the scheduled outage, and addressing the impact on plant operations, length of outage, and methods of removing and reactivating the equipment to full service.  The City shall pay all extra costs associated with said equipment outage.  Alliance shall not be responsible for regulatory violations due to such interruptions.

 

12.3    In the event the City’s contractor or subcontractor causes damage to the City’s Utility System, Alliance shall immediately notify the City’s duly authorized representative and shall take all actions necessary to minimize further damage.

 

12.4    The City, or Alliance on behalf of the City, shall direct the contractor to complete all repairs within a reasonable time. In the event that contractor does not make the repairs in a timely and reasonable manner, Alliance shall notify contractor and the City of such failure to repair, and if work is not initiated immediately to effectuate such repair, within forty-eight (48) hours of such notice, Alliance shall, with the City’s consent, make said repairs, and recover costs of the repairs from the City.

 

13. AMENDMENTS

 

13.1    This Agreement may be modified only by written amendment signed by both parties.

 

14. WAIVER

 

14.1    A waiver on the part of either party of any term, provision, or condition of this Agreement shall not constitute precedent, nor bind either party to a waiver of any succeeding breach of the same or any other term, provision, or condition of this Agreement.

 

15. APPLICABLE LAW

 

15.1    This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri.

 

16. ASSIGNMENT

 

16.1    This Agreement shall be binding upon and endure to the benefit of the respective successors and assigns.

 

17. HEADINGS

 

17.1    Section headings used in this Agreement are inserted for convenience of reference only and shall not affect the content of its various provisions.

 

18. NOTICE

 

18.1    All notices shall be in writing and delivered in person or transmitted by certified mail, return receipt requested, postage prepaid, as follows:

 

If to the City:              City of Rich Hill

120 N 7^th St.

Rich Hill, MO  64779

 

 

If to Alliance:             Alliance Water Resources, Inc.

206 South Keene St.

Columbia, MO  65201

 

 

 

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective officers thereunto duly authorized and their respective corporate seals to be herewith affixed and attested by their respective officers having custody thereof the day and year first above written.

 

 

CITY OF RICH HILL, MISSOURI:

 

 

BY:  ____________________________

 

TITLE: __________________________

(SEAL)

 

ATTEST:

 

 

                                                                 

Clerk

 

 

Alliance WATER RESOURCES, INC.

 

BY:  ____________________________

 

TITLE: __________________________

 

 

(SEAL)

 

ATTEST:

 

 

                                                                 

Secretary

 

 

EXHIBIT A

 

 

 

Alliance shall maintain:

 

A1.      Statutory Worker’s Compensation Insurance for all Alliance employees at the Utility as required by law.

 

A2.      Comprehensive or commercial general liability insurance for bodily injury and/or property damage as follows:

 

General Aggregate                                       $3,000,000

Each Occurrence Limit                                 $1,000,000

Umbrella Aggregate                                     $4,000,000

 

 

Each Party:

 

A3.      Shall maintain adequate property insurance for its equipment and real and personal property, including but not limited to extended coverage.

 

A4.      Shall provide, with respect to its owned vehicles, Commercial Automobile Liability Insurance for bodily injury and/or property damage with $1,000,000 per occurrence.

 

The City agrees:

 

A5.      To file sewer backup claims with their insurance carrier.

 

 

Alliance will:

 

A6.      Assist the City to provide information and documentation to support or deny the settlement of claims by the City’s insurance carrier.

 

 

 

 

 

EXHIBIT B

 

FACILITY CHARACTERISTICS

 

 

WATER TREATMENT FACILITY

 

B.1     Alliance shall not be responsible for fines or penalties or any other liability if there are limitations with the water treatment facility which limit adequate treatment, or the City’s Utility System is inoperable due to circumstances beyond Alliance’s control.

 

B.2      In the event that water quality requirements are revised in the future, Alliance shall have the right to renegotiate the terms of Sections 5 through 7 in the Agreement by giving notice to the City of the revised water quality requirements.

 

WASTEWATER TREATMENT FACILITY

 

B.3      Alliance shall not be responsible for fines or penalties or any other liability if there are limitations in the collection system design or plant design which limit adequate collection or treatment, or if the wastewater influent exceeds facility design parameters including maximum daily and instantaneous flow, does not contain adequate nutrients, contains biologically toxic substances, or the Facility is inoperable due to circumstances beyond Alliance’s control.

 

B.4      Alliance liability regarding payment of fines, penalties or any other related liability is restricted to effluent limitations established in existing NPDES Permit No MO-0092517 dated December 1, 2017. In the event that effluent limitations are revised in subsequent NPDES permits, Alliance shall have the right to renegotiate the terms of Sections 5 and 6 in the Agreement by giving notice to the City within forty-five (45) days after the effective date of the revised permit.

 

 

AN ORDINANCE VACATING A PORTION OF THE ALLEY OF BLOCK 45 IN RICH HILL TOWN COMPANY’s FIRST ADDITION IN RICH HILL, MISSOURI.

WHEREAS, on or about August 22, 2017, Pete’s Corporation approached the Board of Alderman to vacate the alley to allow for the expansion of their business; and

WHEREAS, , the City of Rich Hill and Pete’s Corporation desire to enter into an agreement for vacating a portion of alley in exchange for concreting a portion of Olive Street, yet to retain necessary easements to continue to effectuate appropriate utility service to the citizens to the City of Rich Hill; and

WHEREAS, after proper notice was given, the Board of Aldermen held a public hearing to consider the Vacation Application and upon conclusion of the public hearing, the Board of Aldermen has determined that no damages are ascertainable by reason of such vacation and that such vacation serves a public purpose in the paving of this area benefits the health, safety, and general welfare of the citizens.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI AS FOLLOWS:

SECTION 1.      That the following described portion of Block 45 in Rich Hill Town Company’s First Addition is hereby and herewith vacated:

That part of Block 45 in Rich Hill Town Company’s First Addition of Rich Hill, Bates County, Missouri, described as follows: commencing at the northwest corner of Lot 13 in said Block 45 for the point of beginning; thence north 20.00 feet to the southwest corner of Lot 4 in said Block 45; thence east 200.00 feet, more or less to the southeast corner of lot 1 in said Block 45; thence west 200.00 feet, more or less to the point of beginning.

SECTION 2.      That the Mayor or his designee is authorized to enter into the necessary real estate contracts and accompanying documents to effectuate the vacation of the above described real property, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein.

SECTION 3.      That the City Clerk is hereby authorized and directed to acknowledge a copy of this Ordinance and to record same in the Bates County Recorder of Deeds office.

SECTION 4.      That should any section, sentence or clause of this Ordinance be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining sections, sentences, or clauses.

SECTION 5.      That this ordinance shall take effect upon execution of the documents attached hereto as EXHIBIT A.

SECTION 6.      That the City Clerk or her designee is hereby directed to cause the documents attached hereto as EXHIBIT A to be filed upon their execution at the office of the Bates County Recorder of Deeds.

Read the first time by title only and approved by the Board of Aldermen of the City of Rich Hill, Missouri, this 8^th day of May, 2018.

Read the second time by title only and passed by the Board of Aldermen and approved by the Mayor of the City of Rich Hill, Missouri this 8^th day of May, 2018.

                                   

_______________________

Jason Rich, Mayor

ATTEST:

Ayes: Kassner, Humble, Robb, Pilcher

_______________________                                  Nays: None

Brittany Schenker, City Clerk

EXHIBIT A

[Real Estate Contract]

AN ORDINANCE AMENDING THE PROCUREMENT POLICY FOR CITY OF RICH HILL, MISSOURI.

___________________________________________________________

 

WHEREAS, the Board of Aldermen of the City of Rich Hill, Missouri (“Board”), adopted Ordinance No. 1641 on March 14, 2017, which established a procurement policy for the City of Rich Hill, Missouri (“City”); and

 

WHEREAS, the City now desires to amend the policy to allow for alternative methods of procurement, as identified by the underlined text.

 

NOW THEREFORE, be it ordained by the Board of Alderman of the City of Rich Hill, Missouri, as follows:

 

SECTION 1 – Competitive Bidding   

When the City negotiates any purchase over the amount of $4,500.00, an ample opportunity for competitive bidding shall be provided.   Bids shall be solicited expediently with due regard for competitive prices and quality.

 

SECTION 2 – Notice Defined  

Criteria for bids will be specific to the bid. The City Clerk shall also advertise all pending sales by a notice posted on the public bulletin board in the City Hall.

 

SECTION 3 – Bid Opening Procedure   

Bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. They shall be opened in public at the specified Board of Aldermen meeting.

 

SECTION 4 – Lowest Responsible Bidder   

The City reserves the right to reject any or all bids.  Contracts shall be awarded to the lowest responsible bidder.  Bids shall not be accepted from or contract awarded to a contractor who is in default on the payment of taxes, licenses or other monies due the City.   In determining the lowest responsible bidder, in addition to price, the following shall be considered:

1. The ability, capacity and skill of bidder to perform/provide the contract/services required;
2. Whether the bidder can perform the contract or provide the service promptly or within the time specific without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. The quality, availability and adaptability of the supplies or contractual services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the subject of the contract;
9. The number and scope of conditions attached to the bid.

 

SECTION 5 – Justification of Award   

When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered into the minutes of the Board of Aldermen.

 

SECTION 6 – Tie Bids    

If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. If there is no local low bidder, the award shall be made by drawing of lots to be held in public.

 

SECTION 7 – Open Market Procedure   

All purchases of supplies and contractual services and all sales of personal property that has become obsolete and unusable for which competitive bidding is not required by SECTION 1 of this resolution shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by SECTION 3 for the award of formal contracts.

1. All open market purchases shall, be awarded to the lowest responsible bidder in accordance with the standards set forth in SECTION 4.
2. The City may solicit bids by: direct mail request to prospective vendors, telephone or public notice posted on the board of the City Hall.
3. The City Clerk shall keep a record of all open market orders and the bids submitted in competition thereon, and these records shall be open to public inspection.

 

SECTION 8 – Gifts and Rebates   

Every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except if given for the use and benefit of the City.

 

SECTION 9 – Emergency Purchases     

In case of an emergency that requires the immediate purchase of supplies or contractual services, the Supervisor in charge of the department or agency may request the purchase, at the lowest obtainable price, of any supplies or contractual services to the Mayor or President of the Board.  The Mayor or President of the Board may authorize the purchase in writing.  A full explanation of the circumstances of an emergency purchase shall be presented to the Board of Aldermen of the next regularly scheduled Board meeting.

 

SECTION 10 – Cooperative Procurement 

The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interests of the City would be served and after approval of the Board of Aldermen.

 

SECTION 11 – Request for Proposals

When procuring goods or services, the Mayor or Board is authorized to issue a Request for Proposals (“RFP”) in lieu of the provisions stated in Section 1 through 7 of this Ordinance, if it is determined that such action is in the best interests of the City.  An RFP must comply with any and all applicable laws, rules, regulations, and grant requirements.  Any final selection or agreement which results from an RFP must be approved by the Board.

 

SECTION 12 – Request for Qualifications

When procuring goods or services, the Mayor or Board is authorized to issue a Request for Qualifications (“RFQ”) in lieu of the provisions stated in Section 1 through 7 of this Ordinance, if it is determined that such action is in the best interests of the City or is otherwise required by law.  An RFQ must comply with any and all applicable laws, rules, regulations, and grant requirements.  Any final selection or agreement which results from an RFQ must be approved by the Board.

 

SECTION 13 – Conflicts

All ordinances conflicting in whole or in part with provisions of this Ordinance are hereby repealed to the extent of the conflict.

 

SECTION 14 – Provisions are Severable

The provisions of this Ordinance are severable and if any provision hereof is declared invalid, unconstitutional or unenforceable, such determination shall not affect the validity of the remainder of this Ordinance.

 

SECTION 15 – Full Force and Effect

This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen and approval by the Mayor, and shall remain in effect until amended or repealed by the Board of Aldermen.

 

Read two times and passed by the Board of Aldermen of the City of Rich Hill, Missouri, on this 10^th day of April, 2018.

 

ATTEST:

 

________________________       ________________________

Jason Rich, Mayor                                     Brittany Schenker, City Clerk

Ayes: Humble, Robb, Pilcher, Kassner

Nays: None

[i]

[i] For informational purposed this ordinance changed the language of Mayor Pro-Tem to President of the Board.

For informational purposes, this ordinance replaces the following: Ordinance 1502, enacted March 10, 2015; which replaced Ordinance 1337, enacted April 28, 2009; which replaced Ordinance 1116, enacted September 12, 2000; which replaced Ordinance 0941, enacted June 20, 1985.