Assembly Bill No. 312–Assemblymen Gibbons, Berman, Brown, Cegavske, Chowning, Claborn, Freeman, Gustavson, Hettrick, Humke, Mortenson, Nolan and Smith

 

March 9, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions governing concession agreements entered into by Airport Authority of Washoe County. (BDR S‑869)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the Airport Authority of Washoe County; requiring the authority to comply with the bidding requirements of the Local Government Purchasing Act before entering into certain concession agreements; prohibiting a former member of the board of trustees of the authority from entering into or submitting a bid for a concession agreement under certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. Section 10.2 of the Airport Authority Act for Washoe

1-2  County, being chapter 474, Statutes of Nevada 1977, as added by section 6

1-3  of chapter 737, Statutes of Nevada 1989, and as last amended by chapter

1-4  614, Statutes of Nevada 1993, at page 2554, is hereby amended to read as

1-5  follows:

1-6  Sec. 10.2  1.  [The] Except as otherwise provided in subsection

1-7  5, the authority may enter into any concession agreement if the board

1-8  or its authorized representative reviews the agreement and determines

1-9  it is in the best interest of the authority. In making this determination,

1-10  the board or its authorized representative shall consider whether the

1-11  proposed fees to be paid to the authority for the privileges granted are

1-12  conducive to revenue generation and providing high quality service to

1-13  the traveling public.

1-14  2.  [Before] Except as otherwise provided in subsection 3, before

1-15  entering into any concession agreement providing estimated revenue

1-16  to the authority of more than $25,000, the authority must:

1-17  (a) Comply with the bidding requirements of the Local

1-18  Government Purchasing Act; or

2-1  (b) Publish a notice of its intention to enter into the agreement in a

2-2  newspaper of general circulation in the county at least three times

2-3  during a period of 10 days. The notice must specify the date, time and

2-4  place of a regular meeting of the authority to be held after completion

2-5  of the publication at which any interested person may appear.

2-6  3.  [The] Before entering into a concession agreement for food

2-7  and beverage service that is estimated to exceed $1,000,000 in sales

2-8  per year, the authority must comply with the provisions of

2-9  paragraph (a) of subsection 2. If, after complying with those

2-10  provisions, the authority determines that there is only one bidder or

2-11  only one responsible bidder for the concession agreement, the

2-12  authority shall reevaluate and revise the notice to bid that was

2-13  published for the concession agreement pursuant to NRS 332.045

2-14  and begin the bidding process anew using the revised notice to bid.

2-15  If the authority reevaluates and revises a notice to bid pursuant to

2-16  this section, the bidder who submitted the only bid or who was the

2-17  only responsible bidder for the concession agreement is not required

2-18  to resubmit his bid or any documents or other information required

2-19  to be included with the bid if, at the time the revised notice is

2-20  published, he is otherwise qualified to submit that bid or

2-21  information.

2-22  4.  Except as otherwise provided in subsection 5, the board may

2-23  authorize the executive director of the authority to enter into any

2-24  concession agreement on behalf of the authority if the agreement

2-25  provides estimated revenue to the authority of $25,000 or less. Such

2-26  an agreement is not subject to the provisions of subsection 2.

2-27  5.  A former member of the board may not enter into or submit a

2-28  bid for a concession agreement pursuant to this section until 1 year

2-29  after the termination of his service on the board.

2-30    Sec. 2.  This act becomes effective on July 1, 2001.

 

2-31  H