Jackson City Council
May 28, 2024

Jackson City Council Agenda
Tuesday, May 28, 2024 – 6:30 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Line (Public Line): 1-650-419-1505
Meeting ID: 876084574
Please join using this link: https://v.ringcentral.com/join/876084574 Please note that the above information is for remote viewing only. Live remote public comment will not be taken unless required by Government Code section 54953(f). If required, it will be announced by the Mayor.

Should you wish to speak during Public Comment, please plan to attend in person at the address listed above.

1. APPROVAL OF AGENDA.

Approval of agenda for this date; any and all off-agenda items must be approved by the City Council (pursuant to §54954.2 of the Government Code).

2. PUBLIC MATTERS NOT ON THE AGENDA.

Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.

3. CONSENT CALENDAR.

Items listed on the consent calendar are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. a. Approval of April 22, 2024 meeting minutes.
b. Approval of Expenditure Report in the amount of $355,235.01 (May 14, 2024) and $292,117.73 (May 23, 2024).
c. Approval of April Payroll Expenditure Report in the amount of $389,643.57. d. Receive Treasurer’s Report for March 2024.
e. Receive Building Department monthly report for April 2024. f. Receive Fire Department monthly report for April 2024. g. Received Police Department monthly report for April 2024. h. Resolution No. 2024-10 Accepting the Completion of Public Improvements for the French Bar Road Bridge Replacement Project (BRLO 5141(015)), and Filing a Notice of Completion and Authorizing Recordation Therefore.
i. Acceptance of Support Letter for Resellers and Fencing of Stolen Property Legislation. j. Resolution No. 2024-12 Approving an Amended and Restated Franchise Agreement for Solid Waste Collection, Disposal, and Recycling Services.
k. Receive Quarterly Engineering Periodical Report (Jan-Mar 2024). l. Acceptance of Professional Services Agreement with Gallagher Benefit Services, Inc. to conduct the Citywide Salary Study.

4. ADMINISTRATIVE REPORTS.

This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.

Jackson City Council Agenda Tuesday, May 28, 2024

5. COUNCIL REPORTS.

This section is to provide Council members an opportunity to present reports on their activities and to request items be placed on future agendas.

6. DISCUSSION CALENDAR.
a. American Legion Post 108 request for TOT funds in the amount of $1,500 to support costs of the annual Veterans Day Parade [Jack Magee, 2nd Vice Commander]. b. Receive and provide direction on “Art in Public Places” request from the Historic Jackson Business Association [Stacey Landreth, HJBA Beautification Committee Chairman]. c. Provide direction on upcoming Planning Commission term expirations on 6/30/24. d. Receive information and provide direction on a proposed Jackson clean-up program [Carleen Kirkpatrick, Deputy City Clerk].
e. Receive and provide direction on a Façade Improvement Program Application – Up Country Pools- 100 Highway 49 [Erin Ventura, Contract Planner]. f. Discussion on hanging banners over the public right-of-way on Historic Main Street.

7. REGULAR MEETING ADJOURNMENT.

Regular meeting adjournment.

8. CLOSED SESSION.

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Carl P. Simpson, Dalacie Blankenship; Josh Nelson Employee organization: Jackson SEIU
UPCOMING MEETINGS:

May 29, 2024 1:30 pm Economic Development Committee Meeting June 10, 2024 7:00 pm City Council Meeting (may begin at 6:30pm due to adjournment) June 12, 2024 10:00 am Cemetery Committee Meeting
June 17, 2024 6:30 pm Planning Commission Meeting (TBD) June 24, 2024 7:00 pm City Council Meeting (may begin at 6:30pm due to adjournment) UPCOMING CLOSURE DATES FOR CITY OFFICE:

July 4, 2024 Independence Day
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Visit our website at http://ci.jackson.ca.us for previous agendas, minutes and City budget.

CITY OF JACKSON
City Council Meeting Minutes
April 22, 2024
Mayor and Council Members
Steve McLean, Mayor
Chad Simmons, Vice Mayor
Max Godde, Council Member
Connie Gonsalves, Council Member
ABSENT:

Bob Stimpson, Council Member
John Georgette, City Clerk
Staff Members:

Josh Nelson, City Attorney
Carl P. Simpson, City Manager
Chris Mynderup, Police Chief
Bree Wilder, Public Works Superintendent
Dale Fishback, Interim Fire Chief
Carleen Kirkpatrick, Deputy City Clerk
Mayor McLean called the meeting to order at 6:28 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG.

Mayor McLean led the Pledge of Allegiance.

1. CEREMONIAL.
• Introduction and swearing in of new Police Officer: Jordan Thurman.

Police Chief Mynderup recognized Officer Michele Hopper for receiving an award at the Mason’s third annual Law Enforcement Appreciation Dinner over the weekend.

2. APPROVAL OF AGENDA.

Motion to approve the City Council Agenda dated April 22, 2024 as presented. Moved by Councilmember Godde, seconded by Councilmember Gonsalves, and carried by a 4 to 0 vote:

AYES: McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Stimpson
ABSTAIN: None

3. PUBLIC MATTERS NOT ON THE AGENDA.

Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.

Dave Drummond (Jackson resident) – Followed up on his previous complaint about speeding on Pine Street. City Manager Simpson will follow up on engineering requirements (ie. traffic study), connect with Public Works and PD regarding temporary speed bumps and report back to Council.

Item 3a
April 22, 2024 City Council Meeting Minutes
Mr. Drummond also requested consideration to rezone Pine Street to 15 mph and agreed he has seen PD during certain times monitoring this location.

City Attorney Nelson advised the item can be added to the agenda for a future meeting to continue discussion.

Thornton Consolo (Jackson resident) - Supported Mr. Drummond’s concerns about speeding on Pine Street. Suggested posting more speed limit signs, personal signs regarding children on the street, and possibly putting up speed bumps. Offered to move the radar trailer to this location (from its current location on Hwy 49 by ACUSD office) and stated he will go speak with some of the residents. Police Chief Mynderup advised they will continue intermittent patrol at this location during the times reported in afternoon and mornings.

4. CONSENT CALENDAR.

Items listed on the consent calendar are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council Member. a. Approval of April 8, 2024 Meeting Minutes.
b. Approval of Expenditure Report in the amount of $227,363.26. c. Receive Treasurer’s report for February 2024.
d. Approval of Cemetery Committee’s recommendation to reappoint Debby Collins to the Cemetery Committee for two more years upon her term expiration on 6/30/24. e. Resolution No. 2024-07 Adopting a List of Projects and Approving the Use of SB1:

The Road Repair and Accountability Act Funding for City Street Projects for FY2024-

25. f. Resolution No. 2024-08 Intending to Obligate the American Rescue Plan Act (ARPA) Fund for Certain Uses.
g. Resolution No. 2024-09 Calling for an Election, Requesting Consolidation of its General Municipal Elections with the Statewide Presidential General Election, Filing a Notice Of Election with the Registrar Of Voters, Submitting an Incumbent List and Terms of Office, Requiring that Candidate's Statements be Paid by the Candidate, Certifying the Jurisdiction's Boundary Map, Determining a Coin Toss as the TieBreaking Method, Authorizing Amador County Elections Department to Conduct the Election and Canvass the Returns, and Expressing Intent to Reimburse Amador County for the Actual Costs of the Election.

Council congratulated Debby Collins on being reappointed to the Cemetery Committee.

Motion to approve the Consent Calendar dated April 22, 2024 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 4 to 0 vote:

AYES: McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Stimpson
ABSTAIN: None

April 22, 2024 City Council Meeting Minutes

5. ADMINISTRATIVE REPORTS.

This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.

Public Works Superintendent, Bree Wilder – Water reservoir project is approx. 30% complete. Keith Sweet/Jackson Rotary inquired about painting fire hydrants around town and Wilder encouraged him to paint light poles downtown instead. They will begin painting on May 4, 2024. Vice Mayor Simmons inquired about PG&E input. Wilder advised PG&E is okay with paint, though not with hanging items from the poles. Mayor McLean advised black paint is available through Sasha. The water leak on Wicklow Way (part of Jackson’s water service area) needed a bypass to dry out and a contractor will start repairs tomorrow. Still having difficulty hiring a qualified Maintenance Worker I at the current salary range. The last two he attempted to hire after interviews declined due to low pay. Mayor McLean advised this will need to be addressed.

Interim Fire Chief, Dale Fishback – Attended the Masonic Lodge’s Law Enforcement Appreciation Dinner last weekend (which also honored firefighters, EMS, and emergency responders throughout the County) and he nominated Volunteer Battalion Chief Alex Sharp. Met with lessee Gib Gianandrea about the fire break for the Oro de Amador cattle pasture, which should be completed in the next 3-4 weeks, and will connect with Councilmember Godde about the bull pine soon.

Police Chief, Chris Mynderup – Met with Diane Oneto to go over 49’er parade and Wagon Train event this weekend. Attended the Mason’s dinner last weekend. Cooking hotdogs for the Celebrate Our Children event at Argonaut High School this Saturday.

City Attorney, Josh Nelson – Provided update on recent Supreme Court case with civil ties involving a property owner in El Dorado County. It involved special due process requirements that must be met to pay generally imposed development impact fees. Via the Nollan or Dolan test, exactions must be roughly proportional to the impact of the development and have an essential nexus to the issue.

Historically, this test has not applied to generally imposed development impact fees and the Supreme Court has changed the rules, to apply Nollan and Dolan rules to these fees as well moving forward.

Building Inspector Jeff Taylor proactively reached out to BBK for guidance and they are currently reviewing the outcome for impacts and changes to the City.

City Manager, Carl P. Simpson – Met with Ashley at Operation Care to see provided services. Attended the Chamber of Commerce mixer at the Knights Foundry. Attended the Up Country Pool ribbon cutting. Spoke at the Rotary Club. Advised Council of Deputy City Clerk Carleen Kirkpatrick’s suggestion to apply for NCCSIF’s Cash for Culture award for upgrades to City Hall security and the City is expected to receive $3000 for second place due to Permit Technician’s B.J. Wallace’s efforts to prepare the submission. Reminded Council of Community Coffee event on 4/25/24 from 10AM-12PM at Boilerworks Café with a presentation on fire prevention and code enforcement and raffle prizes- $50 Ace Hardware and $50 Luka’s Restaurant.

6. COUNCIL REPORTS.

This section is to provide Council members an opportunity to present reports on their activities and to request item be placed on future agendas.

April 22, 2024 City Council Meeting Minutes
Councilmember Gonsalves – No report.

Councilmember Godde – Attended Amador Senior Center meeting and they will be bidding on a contract to provide medical transportation services due to the closure of the Common Ground Senior Services. Attended the Kennedy Mine Foundation meeting and Wheel No. 1 is being sandblasted to prepare for repair and the grant request to Sierra Pacific for timbers was not funded so they are seeking other sources for the wood. Attended the Cemetery Committee meeting and they met with Denari’s to make sure they are on the same page with the City for services.

Councilmember Stimpson – Absent.

Vice Mayor Simmons – No report.

Mayor McLean – Attended Jackson Realty’s Beautification Committee meeting and in addition to the light pole improvements, they have various other projects in process including adding QR codes to the plaques on buildings downtown. He would like to set up a T-Mobile hotspot downtown for visitors to access Wi-Fi as well as potentially get Cedric Clute to narrate the history of the buildings via the QR code. Attended the Chamber of Commerce mixer and ribbon cutting with City Manager Simpson.

7. DISCUSSION CALENDAR.

For the record: Action minutes provide the necessary documentation of City Council actions and audio recordings are retained for those desiring more detail on particular agenda item discussions. These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussion.
a. Receive information on Code Enforcement’s early notification process for high weeds on vacant parcels with the potential to become a fire hazard.

City Manager Simpson advised this is the second year the City has done outreach and abatement for dangerous high weeds. Deputy City Clerk Kirkpatrick advised she and Building Inspector Taylor canvassed all of Jackson city limits last week to identify vacant or larger parcels that have potential for becoming a fire hazard this season and letters will be mailed to the property owners this week with fliers providing fire prevention and code enforcement information, including city codes pertaining to high weeds and a map of the parcel for reference. Once Fire Chief Fishback declares it is fire season, staff will follow up on these properties to verify they have been cut and open code cases for those that are not. Ideally, the goal is for all properties to be cut before the July 3rd Fireworks event every year.

Property owners are encouraged to stay in contact with the City regarding their weed abatement schedule once they receive a notice to avoid receiving a citation. Parcels that remain uncut after followup dates may receive administrative citations. Depending on City funds/budget, dangerous parcels may be abated and those costs will be charged to the property owner plus reinspection and administrative fees. Ultimately, the goal is to keep our City safe and for property owners to be responsible and cut/maintain their own properties to avoid creating a fire hazard. It is much less expensive for property owners to find/hire their own weed abatement contractor or to cut it themselves.

Mayor McLean reiterated that this program is not making the City any money- we just want to see the work get done.

April 22, 2024 City Council Meeting Minutes
b. Receive and provide direction on City Compensation Study proposals [Talibah Al-Rafiq, Accounting Services III].

City Manager Simpson reminded Council of a previous meeting approving an RFP for a Citywide Compensation Study. Department heads reviewed the submitted proposals and narrowed them down to the three agencies presented tonight for Council consideration and possible approval. Accounting Services III, Talibah Al-Rafiq presented the bid selection process, evaluation requirements and results/recommendation to Council. She explained that price/cost, qualification/experience, approach/methodology, reputation/references, compliance/legal requirements and financial stability of the proposal agencies were considered. Gallagher and Regional Government Services received the highest scores with Auto Solve coming in third. Staff recommended awarding the contract to Gallagher (despite being the highest bidder) due to being a California agency, relevant experience, performance, client feedback, reputation and ethics scored higher than the other agencies. Regional Government Services also has only been in business for seven years, while Gallagher has 22 years of experience.

Auto Solve also presented having 25 years of experience, though this was an ethical issue as the experience they claimed was that of people they hired who had the experience prior to working for their agency, which is misleading. Financially, Gallagher was also superior to the other two. The proposal prices are considerably close and fair by comparison. References for Gallagher were far higher rated than the other agencies.

Council thanked Ms. Al-Rafiq for the information. Mayor McLean asked PW Supt Wilder if public works is paid in Jackson similar to Amador County. Wilder advised we do not and are the lowest paid around the County. Even Sutter Creek’s part-time maintenance workers are being paid $20-21/hour.

Vice Mayor Simmons inquired how the benefits package compares and Wilder advised they are comparable to other agencies.

Motion to award the contract for a citywide compensation study to Gallagher, as recommended by staff and dated April 22, 2024. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 4 to 0 vote:

AYES: McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Stimpson
ABSTAIN: None
c. Presentation and information on the planned expansion of Victory Village at 185 Placer Drive [Jason Mulford, Victory Village, Inc.]. Item moved to the next meeting as the presenter was unavailable this evening.

8. REGULAR MEETING ADJOURNMENT.

Mayor McLean adjourned the meeting at 7:30 p.m. to 6:30p.m. on May 13, 2024.

ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved

Item 3b

Item 3c

Item 3d

Page: 1 of 3

BUILDING DEPARTMENT PERMITS
04/01/2024 - 04/30/2024
Permit
#
Permit
Date
Permit Type Description Parcel # Parcel Address Project Cost
Total Fees
Group: Electrical
9873 4/2/2024 Electrical Electrical Main and
distribution
020-292-001 104 Broadway 6,000 $496.78
9875 4/8/2024 Electrical Shed Electrical
Circuit to Outbuilding
installed under
permit #9864
020-500-013-
000
951 STATE 49
HWY
10,000 $336.95
9884 4/18/2024 Electrical New electrical
service
020-200-027-
000
418 WATER ST 1,500 $211.50
9889 4/25/2024 Electrical Changing out a light
fixture @ Kit Carson
811 court st, Jackson
CA
020-200-037-
000
811 COURT ST 400 $211.50
9899 4/30/2024 Electrical 200 amp main
service change out
020-366-001-
000
134 SCHOBER
AVE
1,000 $211.50
18,900 $1,468.23
Group Total: 5
Group: Encroachment
9895 4/29/2024 Encroachment New driveway
entrance
020-231-001-
000
245 CIRCLE DR 8,000 $307.04
8,000 $307.04
Group Total: 1
Group: Mechanical
9871 4/1/2024 Mechanical Installation of two
rooftop HVAC Units
020-140-018-
000
839 STATE HWY
49/088
23,467 $251.43
9880 4/15/2024 Mechanical HVAC C/O 4 TON
14SEER2 11 EER
96% AFUE 100K GAS

SPLIT SYSTEM
020-361-006-
000
250 ENDICOTT
AVE
21,800 $243.86
9888 4/23/2024 Mechanical Replace existing
packaged unit with
020-301-003-
000
315 & 317

CENTER ST
13,395 $223.48

Item 3e
Page: 2 of 3
new. Seal the supply
boots and return air
vent for duct test.
58,662 $718.77
Group Total: 3
Group: Miscellaneous
9885 4/19/2024 Miscellaneous Facade Grant
Building Awnings
020-241-025-
000
120 MAIN ST 8,000 $213.24
9887 4/23/2024 Miscellaneous Carport conversion
and panel upgrade
020-355-005-
000
540 SARGENT
AVE
3,000 $401.50
11,000 $614.74
Group Total: 2
Group: Patio Cover
9896 4/29/2024 Patio Cover Carport 020-231-001-
000
245 CIRCLE DR 8,000 $497.04
8,000 $497.04
Group Total: 1
Group: Reroof
9874 4/3/2024 Reroof Reroof 044-073-009-
000
12854 MURIETTA
LN
10,392 $311.20
9879 4/12/2024 Reroof Overlay reroof 020-570-020 415 MICHELLE DRIVE
11,195 $313.15
9882 4/16/2024 Reroof Tear-off existing BUR
roofing on shop
building roof. Install
30 yr. comp shingles
(cool roof)
020-140-045-
000
747 STATE HWY
49/088
16,500 $328.49
9883 4/17/2024 Reroof Tear off/Re-roof 020-354-003-
000
227 ENDICOTT
AVE
9,700 $309.52
9886 4/22/2024 Reroof Reroof tear off 18sq
comp to comp
020-530-003-
010
167 PLACER
DRIVE
13,040 $319.58
9893 4/29/2024 Reroof 1/2 Overlay, 1/2
Reroof
020-214-013-
000
135 PINE ST 15,000 $322.38
9892 4/29/2024 Reroof Lift tile roof. Replace
felt over existing felt.

Install new batten &
reset tile.
020-200-067-
000
245 NEW YORK

RANCH RD
18,000 $332.35
9891 4/29/2024 Reroof Tear off roof and
replace with new
shingles
020-580-012-
000
991 PONDEROSA
ST
15,000 $322.38
9898 4/30/2024 Reroof Remove and Replace
Roof
020-351-002-
000
225 BOARMAN ST 8,000 $307.04
116,827 $2,866.09
Group Total: 9
Group: Solar

Page: 3 of 3
9872 4/1/2024 Solar 12 MODULES-ROOF
MOUNTED - 4.440
KW DC, 3.480 KW
AC
020-530-003-
501
167 PLACER DR 26,764 $516.90
9877 4/10/2024 Solar Solar with M.P.U. &
ESS
020-221-017-
000
310 WALNUT ST 37,040 $541.83
9890 4/25/2024 Solar solar With E.S.S. 044-530-034-
000
2138 THOMAS DR 35,000 $536.88
98,804 $1,595.61
Group Total: 3
Group: Tenant Improvement
9894 4/29/2024 Tenant
Improvement
TENANT
IMPROVEMENT: KFC
- Remodel of Interior
and Exterior Lighting
and Finishes. No
Changes to Kitchen.
020-372-008-
000
531 STATE HWY
49 40,000 $1,689.00
40,000 $1,689.00
Group Total: 1
Group: Transportation
9881 4/15/2024 Transportation Haul route - Hwy 88
to Mission Blvd.
020-400-045 100 Mission Blvd 0 $15.00
0 $15.00
Group Total: 1
Group: Water/Sewer
9876 4/9/2024 Water/Sewer Replace sewerline
from the back of the
building to 1st tie-in
020-242-002 35 COURT ST 6,500 $212.82
6,500 $212.82
Group Total: 1
Group: Window Replacement
9878 4/11/2024 Window
Replacement
Window replacement 020-140-045-
000
747 STATE HWY
49/088
2,000 $231.56
2,000 $231.56
Group Total: 1
368,693 $10,215.90
Total Records: 28 5/21/2024

JACKSON FIRE DEPARTMENT
33 Broadway, Jackson, CA 95642 - voice (209) 223-1646 - fax (209) 223-3141 - [email protected] Station 131 - 175 Main Street, Jackson, CA 95642 - (209) 223-2147 Station 132 - 10600 Argonaut Drive, Jackson, CA 95642 - (209) 223-9039

JACKSON FIRE DEPARTMENT CALL TOTALS
APRIL 2024
Total Calls Percentage _
Public Assistance
Fire Related
Hazardous Condition
Traffic Collisions
Medical Calls
29 7
0 8
21%
5%
0%
6%
Code 2
Code 3
Staging Req’d
23 70
1 16%
51%
1%
Total calls for month – 138
Monthly average # of calls per day – 4.6
Annual average # of calls per day – 5.72
Annual total as of 4/30/2024 – 692
Monthly # of calls outside of City of Jackson – 27 calls or 20% Annual total of calls outside of City of Jackson – 143 or 21% Comparison to 2023 –
Total calls for April 2023 – 172
Monthly Average # of calls per day in April 2023 – 5.23 Total year to date calls 2023 – 627
Total calls for 2023 – 1,947

Item 3f
Incident List by Alarm Date/Time Date: Sunday, May 5, 2024 Alarm Date between 2024-04-01 and 2024-05-01
Incident List by Alarm Date/Time
NFIRS
Number
Incident
Number
Alarm Date Alarm
Time
Location Incident Type
0000562 24-8277 4/1/2024 5:32:13
AM 5:32:13 AM 811 Court ST EMS call, excluding vehicle accident with injury 0000563 24-8280 4/1/2024 7:47:42
AM 7:47:42 AM 820 88 HWY Outside rubbish, trash or waste fire 0000564 24-8318 4/1/2024 4:07:28
PM 4:07:28 PM 33 Broadway EMS call, excluding vehicle accident with injury 0000565 24-8376 4/2/2024 11:13:49
AM
11:13:49
AM 215 E Sierra View DR EMS call, excluding vehicle accident with injury 0000566 24-8389 4/2/2024 12:52:08
PM 12:52:08 PM 2138 Thomas DR Smoke Check
0000567 24-8392 4/2/2024 1:28:32
PM 1:28:32 PM 150 Clinton RD EMS call, excluding vehicle accident with injury 0000568 24-8406 4/2/2024 3:38:10
PM 3:38:10 PM 223 New York Ranch RD
EMS call, excluding vehicle accident
with injury
0000569 24-8489 4/3/2024 12:24:18
PM 12:24:18 PM 1029 N Main ST EMS call, excluding vehicle accident with injury 0000570 24-8512 4/3/2024 4:53:45
PM 4:53:45 PM 155 Placer DR EMS call, excluding vehicle accident with injury 0000571 24-8522 4/3/2024 6:29:32
PM 6:29:32 PM 454 Scottsville BLVD EMS call, excluding vehicle accident with injury 0000573 24-8549 4/4/2024 8:54:52
AM 8:54:52 AM 12548 Kennedy FlatRD
EMS call, excluding vehicle accident
with injury
0000572 24-8547 4/4/2024 9:21:08
AM 9:21:08 AM 23779 Shake Ridge RD Dispatched & canceled en route 0000574 24-8710 4/5/2024 3:19:58
PM 3:19:58 PM 10355 Wicklow WAY EMS call, excluding vehicle accident with injury 0000575 24-8712 4/5/2024 3:55:11
PM 3:55:11 PM 821 Alpine ST Person In Distress, Lift Assist 0000576 24-8720 4/5/2024 5:14:46
PM 5:14:46 PM 20 Rollingwood DR Person In Distress, Lift Assist 0000577 24-8725 4/5/2024 5:39:01
PM 5:39:01 PM 18244 W Clinton RD False alarm or false call, other 0000578 24-8775 4/6/2024 9:40:46
AM 9:40:46 AM 781 S 49 HWY Dispatched & canceled en route 0000579 24-8785 4/6/2024 12:59:05
PM 12:59:05 PM 223 New York RanchRD
EMS call, excluding vehicle accident
with injury
0000580 24-8796 4/6/2024 2:55:59
PM 2:55:59 PM 11050 Amador Creek RD Dispatched & canceled en route 0000581 24-8795 4/6/2024 2:57:35
PM 2:57:35 PM 451 Sutter Hill RD Dispatched & canceled en route 0000582 24-8812 4/6/2024 7:18:59
PM 7:18:59 PM 31 N 49 HWY EMS call, excluding vehicle accident with injury 0000583 24-8833 4/7/2024 6:16:33
AM 6:16:33 AM 811 Court ST EMS call, excluding vehicle accident with injury 0000584 24-8852 4/7/2024 11:55:40
AM
11:55:40
AM 10355 WICKLOW WAY Person In Distress, Lift Assist
0000585 24-8864 4/7/2024 3:38:03
PM 3:38:03 PM 9 N CA-49 HWY Lock-out
0000586 24-8890 4/7/2024 8:24:37
PM 8:24:37 PM 185 Placer DR EMS call, excluding vehicle accident with injury 0000587 24-8906 4/8/2024 5:29:03
AM 5:29:03 AM 900 Broadway Person In Distress, Lift Assist 0000588 24-8965 4/9/2024 4:36:35
AM 4:36:35 AM 757 N Main ST EMS call, excluding vehicle accident with injury 0000589 24-8993 4/9/2024 11:42:45
AM
11:42:45
AM 9112 CA-49 HWY Dispatched & canceled en route

0000591 24- TCU4499 4/9/2024 1:04:14
PM 1:04:14 PM 10640 CA-49 HWY Dispatched & canceled en route 0000590 24-9005 4/9/2024 1:29:57
PM 1:29:57 PM 811 Court ST EMS call, excluding vehicle accident with injury 0000592 24-9023 4/9/2024 6:28:40
PM 6:28:40 PM 155 Placer DR EMS call, excluding vehicle accident with injury 0000593 24-9032 4/9/2024 9:06:08
PM 9:06:08 PM CA-88 HWY Motor vehicle/pedestrian accident (MV Ped) 0000595 24-9085 4/10/2024 5:28:12
PM 5:28:12 PM CA-49 HWY Motor vehicle accident with no injuries. 0000596 24-9101 4/10/2024 9:13:45
PM 9:13:45 PM 20 Rollingwood DR Person In Distress, Lift Assist 0000594 240410-004543-
03020
4/10/2024 11:06:43
PM 11:06:43 PM 11708 Nugget LN EMS call, excluding vehicle accident with injury 0000597 24-9138 4/11/2024 11:41:26
AM
11:41:26
AM 20 Rollingwood DR EMS call, excluding vehicle accident with injury 0000598 24-9139 4/11/2024 11:53:39
AM
11:53:39
AM
605 New York Ranch
RD
EMS call, excluding vehicle accident
with injury
0000599 24-9151 4/11/2024 1:16:00
PM 1:16:00 PM 185 Placer DR EMS call, excluding vehicle accident with injury 0000600 24-9162 4/11/2024 3:04:41
PM 3:04:41 PM 811 Court ST EMS call, excluding vehicle accident with injury 0000601 24-9173 4/11/2024 5:47:19
PM 5:47:19 PM 183 Placer DR Lock-out
0000602 24-9195 4/12/2024 2:41:18
AM 2:41:18 AM 155 Placer DR EMS call, excluding vehicle accident with injury 0000603 24-9235 4/12/2024 1:36:03
PM 1:36:03 PM 223 New York Ranch RD
EMS call, excluding vehicle accident
with injury
0000604 24-9280 4/13/2024 12:16:07
AM
12:16:07
AM 20 Rollingwood DR EMS call, excluding vehicle accident with injury 0000605 24-9282 4/13/2024 1:50:35
AM 1:50:35 AM 900 Broadway Person In Distress, Lift Assist 0000606 24-9285 4/13/2024 4:01:29
AM 4:01:29 AM 860 Argonaut DR Public service assistance, other 0000607 24-9296 4/13/2024 8:41:15
AM 8:41:15 AM 900 Broadway EMS call, excluding vehicle accident with injury 0000608 24-9307 4/13/2024 10:22:50
AM
10:22:50
AM 155 Placer DR EMS call, excluding vehicle accident with injury 0000609 24-9352 4/14/2024 12:22:31
AM
12:22:31
AM 811 Court ST EMS call, excluding vehicle accident with injury 0000610 24-9357 4/14/2024 3:08:47
AM 3:08:47 AM 155 Placer DR EMS call, excluding vehicle accident with injury 0000611 24-9383 4/14/2024 12:09:11
PM 12:09:11 PM 1029 N Main ST Lock-out
0000612 24-9424 4/14/2024 8:28:39
PM 8:28:39 PM 2019 Thomas DR Person In Distress, Lift Assist 0000613 24-9473 4/15/2024 10:07:21
AM
10:07:21
AM 100 Mission BLVD Person In Distress, Lift Assist
0000614 24-9474 4/15/2024 10:24:49
AM
10:24:49
AM 781 S CA-49 HWY EMS call, excluding vehicle accident with injury 0000615 24-9492 4/15/2024 1:20:45
PM 1:20:45 PM 35 Starks LN EMS Call - Staging Required
0000616 24-9501 4/15/2024 2:03:09
PM 2:03:09 PM 12222 New York Ranch RD Dispatched & canceled en route 0000617 24-9523 4/15/2024 4:00:28
PM 4:00:28 PM 860 Argonaut DR EMS call, excluding vehicle accident with injury 0000618 24-9531 4/15/2024 5:04:43
PM 5:04:43 PM 10815 Sutter Cir EMS call, excluding vehicle accident with injury 0000619 24-9533 4/15/2024 5:20:45
PM 5:20:45 PM 155 Placer DR Medical assist, assist EMS crew 0000625 24-TCU4813 4/16/2024 7:50:18
AM 7:50:18 AM CA-49 HWY Dispatched & canceled en route
0000621 24-9571 4/16/2024 8:54:29
AM 8:54:29 AM 617 New York Ranch RD Person In Distress, Lift Assist

0000622 24-9574 4/16/2024 10:06:45
AM
10:06:45
AM 45 Main ST EMS call, excluding vehicle accident with injury 0000623 24-9578 4/16/2024 10:52:28
AM
10:52:28
AM 840 Argonaut DR Good intent call, other
0000624 24-9579 4/16/2024 10:53:40
AM
10:53:40
AM 20 Rollingwood DR Public service assistance, other
0000626 24-9590 4/16/2024 12:06:39
PM 12:06:39 PM 155 Placer DR EMS call, excluding vehicle accident with injury 0000627 24-9592 4/16/2024 12:56:08
PM 12:56:08 PM 155 Placer DR EMS call, excluding vehicle accident with injury 0000628 24-9606 4/16/2024 2:36:46
PM 2:36:46 PM 700 Court ST False alarm or false call, other 0000629 24-9612 4/16/2024 2:49:35
PM 2:49:35 PM 10354 Argonaut LN EMS call, excluding vehicle accident with injury 0000630 24-9615 4/16/2024 3:12:23
PM 3:12:23 PM 501 Argonaut LN EMS call, excluding vehicle accident with injury 0000631 24-9616 4/16/2024 3:13:42
PM 3:13:42 PM 617 New York Ranch RD Person In Distress, Lift Assist 0000632 24-9620 4/16/2024 4:45:14
PM 4:45:14 PM 11150 Ridge RD Assist invalid
0000620 24-9553 4/16/2024 11:19:24
PM 11:19:24 PM 15374 SutterHighlands DR Dispatched & canceled en route 0000633 24-9690 4/17/2024 12:38:41
PM 12:38:41 PM 11708 Nugget LN Assist American Legion Ambulance 0000634 24-9692 4/17/2024 1:00:29
PM 1:00:29 PM 10518 Ridgecrest DR Public service assistance, other 0000635 24-9709 4/17/2024 3:32:22
PM 3:32:22 PM 10355 Wicklow WAY EMS call, excluding vehicle accident with injury 0000636 24-9725 4/17/2024 8:08:03
PM 8:08:03 PM 270 Hoffman ST EMS call, excluding vehicle accident with injury 0000637 24-9734 4/18/2024 4:50:16
AM 4:50:16 AM 811 Court ST EMS call, excluding vehicle accident with injury 0000638 24-9746 4/18/2024 9:26:50
AM 9:26:50 AM 301 Clinton RD EMS call, excluding vehicle accident with injury 0000639 24-9754 4/18/2024 12:27:00
PM 12:27:00 PM 515 S 49 HWY Dispatched & canceled en route 0000640 24-9758 4/18/2024 12:49:41
PM 12:49:41 PM 229 New York RanchRD
EMS call, excluding vehicle accident
with injury
0000641 24-9767 4/18/2024 2:35:28
PM 2:35:28 PM 12120 Industry BLVD Lock-out
0000642 24-9792 4/18/2024 4:40:51
PM 4:40:51 PM 12275 Martell RD EMS call, excluding vehicle accident with injury 0000643 24-9805 4/18/2024 10:41:50
PM 10:41:50 PM 7576 49 HWY Motor vehicle accident with no injuries. 0000644 24-9805 4/18/2024 11:55:41
PM 11:55:41 PM 315 Court ST EMS call, excluding vehicle accident with injury 0000645 24-9854 4/19/2024 1:41:43
PM 1:41:43 PM 11988 88 HWY EMS call, excluding vehicle accident with injury 0000646 24-9872 4/19/2024 4:09:20
PM 4:09:20 PM 900 Broadway Person In Distress, Lift Assist 0000647 24-9913 4/20/2024 12:17:56
AM
12:17:56
AM 215 E Sierra View DR EMS call, excluding vehicle accident with injury 0000648 24-9927 4/20/2024 8:22:12
AM 8:22:12 AM 155 Placer DR EMS call, excluding vehicle accident with injury 0000649 24-9930 4/20/2024 9:27:10
AM 9:27:10 AM 10559 Argonaut DR EMS call, excluding vehicle accident with injury 0000650 24-9960 4/20/2024 2:36:11
PM 2:36:11 PM 223 New York Ranch RD
EMS call, excluding vehicle accident
with injury
0000651 24-9999 4/20/2024 8:32:47
PM 8:32:47 PM 811 Court ST EMS call, excluding vehicle accident with injury 0000652 24-10004 4/21/2024 12:51:32
AM
12:51:32
AM 811 Court ST EMS call, excluding vehicle accident with injury 0000653 24-10012 4/21/2024 6:58:01
AM 6:58:01 AM 811 Court ST EMS call, excluding vehicle accident with injury

0000654 24-10030 4/21/2024 11:17:43
AM
11:17:43
AM 16002 Sutter Creek Rd Motor vehicle accident with injuries 0000655 24-10059 4/21/2024 1:33:17
PM 1:33:17 PM 811 Court ST EMS call, excluding vehicle accident with injury 0000656 24-10092 4/21/2024 6:49:00
PM 6:49:00 PM 1198 Broadway Person In Distress, Lift Assist 0000657 24-10106 4/21/2024 9:13:29
PM 9:13:29 PM 270 Hoffman ST EMS call, excluding vehicle accident with injury 0000658 24-10130 4/22/2024 10:15:41
AM
10:15:41
AM
615 New York Ranch
RD Motor vehicle accident with injuries
0000659 24-10135 4/22/2024 11:48:51
AM
11:48:51
AM 100 Mission BLVD Person In Distress, Lift Assist
0000660 24-10160 4/22/2024 2:40:43
PM 2:40:43 PM 811 New York Ranch RD
EMS call, excluding vehicle accident
with injury
0000661 24-10234 4/23/2024 8:07:56
AM 8:07:56 AM 469 Michelle DR EMS call, excluding vehicle accident with injury 0000662 24-10239 4/23/2024 8:31:42
AM 8:31:42 AM 125 Broadway EMS call, excluding vehicle accident with injury 0000663 24-10245 4/23/2024 8:56:28
AM 8:56:28 AM 617 New York RanchRD Person In Distress, Lift Assist 0000664 24-10276 4/23/2024 12:16:46
PM 12:16:46 PM 515 S 49 HWY EMS call, excluding vehicle accident with injury 0000665 240423-163738-
03020
4/23/2024 1:40:13
PM 1:40:13 PM 1001 Broadway EMS call, excluding vehicle accident with injury 0000666 24-10292 4/23/2024 3:32:49
PM 3:32:49 PM 617 New York Ranch RD Person In Distress, Lift Assist 0000667 24-10375 4/24/2024 12:49:40
PM 12:49:40 PM 811 Court ST EMS call, excluding vehicle accident with injury 0000668 24-10401 4/24/2024 6:21:57
PM 6:21:57 PM 20 Rollingwood DR Person In Distress, Lift Assist 0000669 24-10405 4/24/2024 8:22:42
PM 8:22:42 PM 185 Placer DR EMS call, excluding vehicle accident with injury 0000670 24-10432 4/25/2024 11:00:10
AM
11:00:10
AM 811 Court ST EMS call, excluding vehicle accident with injury 0000671 24-10438 4/25/2024 11:50:27
AM
11:50:27
AM 210 N Main ST EMS call, excluding vehicle accident with injury 0000673 240426-004400-
03020
4/25/2024 1:55:44
PM 1:55:44 PM 300 New York Ranch RD
EMS call, excluding vehicle accident
with injury
0000674 24-10466 4/25/2024 4:23:11
PM 4:23:11 PM 2026 Thomas DR EMS call, excluding vehicle accident with injury 0000675 24-10478 4/25/2024 7:00:07
PM 7:00:07 PM 610 Mill PL EMS call, excluding vehicle accident with injury 0000676 24-10505 4/26/2024 9:51:01
AM 9:51:01 AM 20 Rollingwood DR Person In Distress, Lift Assist 0000677 24-10520 4/26/2024 1:47:52
PM 1:47:52 PM 185 Placer DR EMS call, excluding vehicle accident with injury 0000672 24-10453 4/26/2024 1:54:55
PM 1:54:55 PM 12150 Industry BLVD Dispatched & canceled en route 0000678 24-10532 4/26/2024 3:46:11
PM 3:46:11 PM 1003 Broadway EMS call, excluding vehicle accident with injury 0000679 24-10555 4/26/2024 10:45:51
PM 10:45:51 PM 10355 Wicklow WAY EMS call, excluding vehicle accident with injury 0000680 24-10571 4/27/2024 9:14:54
AM 9:14:54 AM 515 Clinton RD EMS call, excluding vehicle accident with injury 0000681 24-10572 4/27/2024 9:20:16
AM 9:20:16 AM 811 Court ST Dispatched & canceled en route 0000682 24-10639 4/27/2024 6:37:29
PM 6:37:29 PM 315 N Main ST EMS call, excluding vehicle accident with injury 0000683 24-10642 4/27/2024 7:02:44
PM 7:02:44 PM 2043 Thomas DR EMS call, excluding vehicle accident with injury 0000684 24-10656 4/28/2024 2:23:09
AM 2:23:09 AM 105 Main ST Building Fire - Commercial
0000685 24-10667 4/28/2024 7:18:42
AM 7:18:42 AM 155 Placer DR EMS call, excluding vehicle accident with injury

0000708 24-1667 4/28/2024 7:18:42
AM 7:18:42 AM 155 Placer DR EMS call, excluding vehicle accident with injury 0000686 24-10676 4/28/2024 10:04:34
AM
10:04:34
AM 9 N CA-49 HWY Illegal Burn Pile
0000687 24-10688 4/28/2024 10:35:23
AM
10:35:23
AM 49 CA-49 Bypass HWY Motor vehicle accident with injuries 0000688 24-10712 4/28/2024 1:21:59
PM 1:21:59 PM 12865 El Dorado WAY EMS call, excluding vehicle accident with injury 0000689 24-10722 4/28/2024 2:51:36
PM 2:51:36 PM 10355 Wicklow WAY EMS call, excluding vehicle accident with injury 0000690 24-10727 4/28/2024 3:54:09
PM 3:54:09 PM 811 Court ST EMS call, excluding vehicle accident with injury 0000691 24-10792 4/29/2024 10:09:57
AM
10:09:57
AM 155 Placer DR EMS call, excluding vehicle accident with injury 0000692 24-10863 4/29/2024 6:59:39
PM 6:59:39 PM 10700 CA 49 HWY EMS call, excluding vehicle accident with injury 0000693 24-10871 4/29/2024 8:02:07
PM 8:02:07 PM 1106 N Main ST EMS call, excluding vehicle accident with injury 0000694 24-10872 4/29/2024 8:06:05
PM 8:06:05 PM 515 Stasal AVE EMS call, excluding vehicle accident with injury 0000695 24-10888 4/29/2024 11:40:40
PM 11:40:40 PM 20 RollingWood DR EMS call, excluding vehicle accident with injury 0000696 24-10891 4/30/2024 3:43:38
AM 3:43:38 AM 1106 N Main ST EMS call, excluding vehicle accident with injury 0000697 24-10905 4/30/2024 8:36:57
AM 8:36:57 AM 223 New York RanchRD
EMS call, excluding vehicle accident
with injury
0000698 24-10908 4/30/2024 6:26:09
PM 6:26:09 PM 205 S CA-49 HWY EMS call, excluding vehicle accident with injury

Year-to-Date Incident Participation
Personnel Name Jan Feb Mar Apr Total
Anaya, Victor 1 0 0 0 1
Berschens, Kyle 47 43 48 35 173
Chadwick, Brennan 0 0 0 2 2
Craig, Roc 47 75 61 43 226
DiGirolamo, Francis 2 1 47 45 95
DiGirolamo, Jesse 69 58 34 46 207
Fishback, Dale 9 10 13 6 38
Fishback, Daniel 73 59 75 43 250
Fishback, Jason 2 6 4 2 14
Gaston, Robert 0 0 0 14 14
Greathouse, Robert 51 57 23 11 142
Jones, Michael 3 0 0 0 3
Judd, Kyle 72 57 51 48 228
Kinzer, Trace 41 25 10 0 76
Sharp, Alex 4 2 6 4 16
Wells, Caleb 0 3 1 0 4
Total Calls for 2024 = 692
189
187
178
138
171
141
143
172
166
175
166
152
162
169
163
166

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

TOTAL CALLS BY MONTH
2024 2023

Jackson Police Department
To: Honorable Mayor and Members of City Council
From: Christopher Mynderup, Chief of Police
Subject: Monthly Activity Report – April 2024
Date: May 7, 2024
Total Number of Incidents 735
Calls for Service 273
Officer Initiated Incidents 462
Police Reports 72
Arrests 24 (20 Misdemeanor, 4 Felony)
Traffic Collisions 10 (5 non-injury, 1 major injury, 4 hit & run) Assault & Battery 3
Assault w/deadly weapon 2
Disturbance of the Peace 26
Public Intoxication 6
Driving Under the Influence 2
Child Abuse Investigations 1
Elder/Dependent Adult Abuse Investigations 1
Sex Assault Crimes 2
Missing Persons 0
Domestic Incidents 5 (1 arrests)
Coroner’s Case 1
Mental Health Detention 4

Item 3g
Burglary 0
Robbery 0
Grand/Petty Theft 6
Vandalism 0
Vehicle Theft 1
Arson 1
Traffic Stops 151 (32 citations: 26 infractions 6 misdemeanor) Warrant Cites/Arrests 7
Security Checks 212
School Related Calls 26
Transient related contacts 61
Total Incidents Year to Date: 2950
Total Calls for Service YTD: 1058
Total Officer Initiated YTD: 1892
Comparison to 2023
Total Incidents for March 2023 617
Total Calls for Service March 2023 267
Total Officer Initiated March 2023 350
Total YTD Incidents for 2023 2760
Total YTD Calls for Service for 2023 1106
549Total YTD Officer Initiated incidents 2023 1654

Item 3h
Resolution No. 2024-10
A Resolution of the City Council of the City of Jackson Accepting the Completion of Public Improvements for the French Bar Road Bridge Replacement Project (BRLO 5141(015)), and Filing a Notice Of Completion and Authorizing Recordation Therefore WHEREAS, the contractor of work, Westcon Construction Corp, completed all work according to the plans and specifications on February 29, 2024; and WHEREAS, the improvements consisted of replacement of the French Bar Road Bridge; curb, gutter and sidewalk; storm drain, sewer piping, water piping and appurtenances; and roadway improvements adjacent to the Bridge; and
WHEREAS, the improvements have been completed to the satisfaction of the City Engineering Department.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson does hereby accept the completed public improvements and authorizes the City Engineer to file a Notice of Completion with the Amador County Recorder.

The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 28th day of May, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF JACKSON
______________________________________
Steve McLean, Mayor
ATTEST:
______________________________________
John Georgette, City Clerk

CITY OF JACKSON

OFFICE OF THE CITY ENGINEER
_______________________________
When recorded, mail to:

City Manager
City of Jackson
33 Broadway
Jackson, CA 95642

NOTICE OF COMPLETION

CITY OF JACKSON
NOTICE IS HEREBY GIVEN of the completion of a Work of Improvement as follows:

Date of Completion: February 29, 2024
Name and Address of the Owner: City of Jackson, 33 Broadway, Jackson, CA 95642 Nature of the Interest or Estate of the Owner: Owner in fee simple.

Description of the Site: City of Jackson, French Bar Road Name and Address of the Contractor for the above Work of Improvement: Westcon Construction Corp, 275 Taylor Road, Newcastle, CA 95658.

General Statement of Kind of Work Done or Materials Furnished: The work consisted of replacement of the French Bar Road Bridge; curb, gutter and sidewalk; storm drain, sewer piping, water piping and appurtenances; and roadway improvements adjacent to the Bridge.

CITY OF JACKSON – OWNER
By____________________________________
Carl Simpson, City Manager
CARL SIMPSON declares:

I am the City Manager of the City of Jackson, the municipal corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that I make this verification on behalf of said municipal corporation; that I have read this Notice of Completion and know the contents thereof, and that the facts stated therein are true.

I declare under penalty of perjury that the foregoing is true and correct. Executed at Jackson, California this ____ day of May 2024.
_______________________________________
Carl Simpson, City Manager

“Preserving Our Past, Enriching Our Present, Building Our Future” 33 Broadway, Jackson, CA 95642-2301
(209) 223-1646 / Fax (209) 223-3141
e-mail: [email protected]
Mayor: Steve McLean • Vice Mayor: Chad Simmons • Councilmembers: Max Godde • Connie Gonsalves • Bob Stimpson City Manager: Carl Simpson • City Attorney: Joshua Nelson May 28, 2024
The Honorable Mike McGuire
President pro Tempore
1021 O Street, Suite #8518
Sacramento, CA 95814
The Honorable Josh Newman
Member, California State Senate
1021 O Street, Suite #6520
Sacramento, CA 95814
The Honorable Nancy Skinner
Member, California State Senate
1021 O Street, Suite #8630
Sacramento, CA 8630
The Honorable Juan Alanis
Member, California State Assembly
1021 O Street, Suite #4640
Sacramento, CA 95814
RE: Resellers and Fencing of Stolen Property Legislation Dear Members:

One of the City of Jackson’s top priorities is to address crime and retail theft, organized retail theft and shoplifting. Our city is pleased that both houses of the Legislature have made this issue a priority in 2024. As such, the City of Jackson would like to identify a few bills that we believe help to address the issue of reselling and fencing of stolen property acquired through theft.

As you may know, retail theft continues to be a problem in nearly all California communities. For example, commercial burglary is at the highest rate since 2008. In fact, according to the PPIC, commercial burglary increased statewide since 2020, especially in larger counties with an increase of 13% among 14 of the 15 largest counties. To address rising theft, city officials need additional tools to reduce crime and improve the safety of their neighborhoods.

The rising rate of theft offenses such as commercial burglary necessitate viable resale operations of those stolen goods such as fencing location or the use of online third-party marketplaces. Reducing the ease with which stolen items can be resold through these secondary operations is a critical step in providing any comprehensive solution to the issue of retail theft. SB 301 (Skinner, 2023) attempted to address this issue by requiring reporting by high-volume third-party sellers utilizing online marketplaces. However, there were some gaps noted in this legislation and the federal legislation that still need to be addressed.

Therefore, we support the following bills:

AB 1845 (Alanis) Crimes: Grant Program for Identifying, Apprehending, and Prosecuting Resale of Stolen Property
(As Amended on 2/21/2024)
SB 1144 (Skinner) Marketplaces: Online Marketplaces
(As Amended on 4/4/2024)
Page
35 of 102
Item 3i

“Preserving Our Past, Enriching Our Present, Building Our Future” 33 Broadway, Jackson, CA 95642-2301
(209) 223-1646 / Fax (209) 223-3141
e-mail: [email protected]
Mayor: Steve McLean • Vice Mayor: Chad Simmons • Councilmembers: Max Godde • Connie Gonsalves • Bob Stimpson City Manager: Carl Simpson • City Attorney: Joshua Nelson SB 1381 (McGuire) Property Crimes: Regional Property Crimes Task Force (As Amended on 3/20/2024)
SB 1416 (Newman) Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property (As Amended on 4/16/2024)
These bills propose several methods of addressing resale of stolen property and fencing locations that facilitate this illegal sale of stolen property. These methods range from providing funding and task forces for law enforcement to identify and crack down on these fencing operations, to creating sentencing enhancements for individuals convicted of selling property acquired through theft.

For these reasons, the City of Jackson supports AB 1845 (Alanis), SB 1144 (Skinner), SB 1381 (McGuire), and SB 1416 (Newman).

Sincerely,
________________________
Carl P. Simpson
City Manager
City of Jackson
*Signing on behalf of City of Jackson Councilmembers: Mayor Steve McLean, Vice Mayor Chad Simmons, Councilmembers Max Godde, Connie Gonsalves & Bob Stimpson. cc. Marie Alvarado-Gil, District 4 CA State Senator
Charles Anderson, CalCities Regional Public Affairs Manager (via email) Meg Desmond, League of California Cities, [email protected]

Resolution No. 2024-12
A Resolution of the City Council of the City of Jackson, California, Approving an Amended and Restated Franchise Agreement for Solid Waste Collection, Disposal, and Recycling Services WHEREAS, ACES Waste Services, Inc. (“ACES”), a California corporation, provides solid waste, recyclables, and organic waste (including green waste and food waste) (collectively, “solid waste”) collection, transportation, recycling, processing, and disposal services to the City of Jackson (the “City”) pursuant to an exclusive franchise agreement with the City, dated April 13, 1998, and first amended on November 23, 2009 (the “Existing Franchise”); and WHEREAS, ACES is required to provide such solid waste services (“Services”) as set forth in the Agreement; and
WHEREAS, the City desires to amend and restate the Existing Franchise with ACES via an amendment to extend its term through 2034 and provide for updated Services; and WHEREAS, the City Council now desires to approve the proposed amendment to the Existing Franchise.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson does hereby approve the Amended and Restated Franchise Agreement for Solid Waste Collection, Disposal, and Recycling Services with ACES Waste Services, Inc., attached hereto as Exhibit “A” and incorporated herein by this reference.

BE IT FURTHER RESOLVED that the City Manager is authorized and directed to execute the Amended and Restated Franchise Agreement attached as Exhibit A and to take all further action necessary to effectuate this Resolution.

BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption.
[continued on next page]

Item 3j
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 28th day of May, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF JACKSON
______________________________________
Steve McLean, Mayor
ATTEST:
______________________________________
John Georgette, City Clerk

1 DRAFT

AMENDED AND RESTATED FRANCHISE AGREEMENT FOR SOLID WASTE

COLLECTION, DISPOSAL

AND RECYCLING SERVICES
THIS FRANCHISE AGREEMENT (“Agreement”), made and entered into this _____ day of ________, 2024, between the City of Jackson (“City”), a municipal corporation of the State of California, and ACES Waste Services, Inc. (“Contractor” or “ACES”), a California corporation. This agreement supersedes the previous franchise agreement between the City and Contractor, dated April 13, 1998, and first amended on November 23, 2009 (collectively, "Existing Franchise").

WHEREAS, the public health, safety and welfare, and Public Resources Code § 40059 require measures be taken by the City to provide for collection and disposal of solid waste, recyclables and green waste; and
WHEREAS, Jackson Municipal Code section 8.04.030 permits the City Council to award franchises to parties to provide solid waste, recyclables and green waste collection and disposal services; and
WHEREAS, the City Council previously awarded Contractor the Existing Franchise; and WHEREAS, the City is willing to extend the Existing Franchise on the terms and conditions set forth below and otherwise provided for in this Agreement; and NOW, THEREFORE, IT IS HEREBY AGREED between the parties hereto as follows:

ARTICLE A. DEFINITIONS.

As used in this Agreement, the terms below, including those referenced in pertinent Sections of Chapter 8.04.020 of the City of Jackson Municipal Code and the California Integrated Waste Management Act of 1989, shall have the meaning and be defined as set forth.

AB 939. AB 939 means the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded, and replaced from time to time.

Agreement. Agreement means this Agreement, including all attachments and future amendments.

Applicable Law. Applicable Law means all laws, regulations, rules, orders, judgments, decrees, permits, approvals, or other requirement of any governmental agency having jurisdiction over the collection, handling, processing, and disposition of Solid Waste, Recyclables and Green Waste that are in force on the Effective Date and as they may be enacted, issued, or amended during the term of this Agreement.

Bin. Bin means a front-loaded or otherwise receptacle provided by the Contractor for Commercial Customers and electing Multiple-Family Dwellings which is picked up by Collection trucks.

2 Bulky Waste. Bulky Waste means large items of Solid Waste such as appliances, furniture, branches, and other oversize wastes whose large size precludes or complicates their placement in containers or handling by normal collection, processing, or disposal methods, but excluding Excluded Waste; C&D Debris, items larger than five cubic yards or heavier than 500 pounds; and items of excessive size or density, such as engine blocks, spas, boats, and trailers.

Cart. Cart means an industry standard receptacle for disposal of residential Solid Waste, Green Waste, and Recyclables. A Cart may have wheels and has a handle for ease of movement and a tight-fitting, attached lid and is designed to be dumped manually or mechanically into a Solid Waste Collection vehicle.

City. City means the City of Jackson in the State of California.

City Charges. City Charges means any charges that the City includes in the Rates in addition to the Contractor Service Fee to cover City-related programs, administrative costs, and/or other expenses.

City Representative. City Representative means the City Manager, or designee.

Collection, Service, or Collection Service. Collection, Service, or Collection Service means all or any part of the activities involved in the Collection of Solid Waste, Green Waste, and/or Recyclable Materials specified in this Agreement and their transportation to a Designated Disposal Site, Recyclables Processing Facility, or Green Waste Processing Facility.

Commercial Customer. Commercial Customer means a Customer that receives Commercial Service, including, but not limited to, those Multiple-Family Dwellings that use Bin, Debris Box or Compactor Service.

Commercial Premises. Commercial Premises means all industrial, manufacturing, and warehouse establishments; wholesale and retail stores; service establishments; professional offices; other business establishments; government facilities; schools; and construction sites.

Commercial Recycling. Commercial Recycling means the collection, processing, and marketing of those Recyclable Materials that are collected from Commercial Customers under this Agreement.

Commercial Service. Commercial Service means Bin or Cart Service provided under this Agreement to Commercial Premises and Bin Service provided to Multiple-Family Dwellings.

Contractor Service Fee. Contractor Service Fee means the compensation provided to the Contractor for Services performed pursuant to this Agreement.

Construction and Demolition Debris or C&D Debris. Construction and Demolition Debris or C&D Debris means waste building materials, packaging, and rubble resulting from construction remodeling, repair, and demolition operations on pavements and on houses, commercial buildings, and other structures, but not including any Excluded Waste.

Contractor. Contractor means ACES Waste Services, Inc.

Council. Council means the City Council of the City of Jackson.

3 Curbside. Curbside means that part of a property, located at the edge of the public street where it meets the curb, without blocking sidewalks, driveways, or on-street parking. If requested by any disabled Customer, within the meaning of 42 U.S.C. § 12102, Curbside shall be considered the Customer's backyard or other similar location provided that the Contractor may charge such Customers a different Rate for such collection as set forth in Attachment 2.

Customer. Customer means an individual or entity that receives any services provided by the Contractor. Customer shall also mean the person, organization, or corporation receiving services to which billing statements are sent. Customer also means those generators of Recyclable Materials in the City to whom the Contractor provides collection service under this Agreement.

Designated Disposal Site. The Designated Disposal Site means a transfer station or sanitary landfill designated by the City for delivery of Solid Waste collected by the Contractor under this Agreement.

Disposal. Disposal means the final disposition of Solid Waste collected by the Contractor, whether occurring at the Designated Disposal Site or after subsequent delivery to a different facility.

Effective Date. Effective Date means _______________ ___, 2024.

Electronic Waste or E-Waste. Electronic Waste or E-Waste means waste containing or consisting of electronic devices and components, such as computers, monitors, terminals, computer cards and components, computer peripheral devices, main frame computers, keyboards, mice, printers and scanners, mini-systems, power supply units, servers, connectors/cables, storage discs, consumer electronics, printed circuit boards, televisions, chips and components, cellular and other phones, telecommunications equipment, and fax machines and copiers, but not including Excluded Waste.

Excluded Waste. Excluded Waste means Hazardous Waste; Medical and Infectious Waste; volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material; waste that the Contractor reasonably believes would, as a result of or upon disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions; waste that cannot be disposed of in Class II or Class III landfills; waste that in Contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose the Contractor or the City to potential liability. Excluded Waste does not include de minimis volumes or concentrations of waste of a type and amount normally found in residential Solid Waste after implementation of programs for the safe collection, recycling, treatment, and disposal of Household Hazardous Wastes in compliance with Sections 41500 and 41802 of the California Public Resources Code.

Franchise. Franchise means the rights granted to and responsibilities assumed by the Contractor under the terms and conditions of this Agreement.

Franchise Materials. Franchise Materials means all Solid Waste, Recyclable Materials, and Green Waste, including C&D Debris, generated in the City and included within the Franchise.

Franchise Services or Services. Franchise Services or Services mean all of the duties and obligations of the Contractor hereunder as stated in this Agreement.

4 Green Waste. Green Waste means all tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, and similar plant materials, but not including Excluded Waste.

Green Waste Processing Facility. Green Waste Processing Facility means a facility used by the Contractor for handling, processing, and preparing collected Green Waste for marketing.

Hazardous Waste. Hazardous Waste means a waste, or combination of wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may do either of the following:
(1) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness.
(2) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (California Public Resources Code Section 40141.)
Household Hazardous Waste. Household Hazardous Waste shall have the meaning set forth in Title 14, California Code of Regulations, Section 18502 or successor laws and regulations as may be amended from time to time.

HDPE (High Density Polyethylene). HDPE means a recyclable plastic that includes, but is not limited to, milk jugs.

Medical and Infectious Waste. Medical and Infectious Waste means biomedical waste generated at residences in excess of legal limits or at hospitals, public or private medical clinics, dental offices, research laboratories, pharmaceutical industries, blood banks, mortuaries, veterinary facilities, and other similar establishments.

Multiple-Family Dwelling. Multiple-Family Dwelling means any building or structure, or portion thereof, used for residential purposes and having two (2) or more distinct living units. MultipleFamily Dwellings, at the Customer's request, may be provided with Residential Service using Carts or with Commercial Service using Bins.

Municipal Code. Municipal Code means the Jackson Municipal Code as it may be amended.

Parties. Parties means the City and the Contractor.

PET (Polyethylene. Terephthalate). PET means a recyclable plastic that includes, but is not limited to, 2-liter soda bottles.

Processing or Process. Processing or Process means treatment, sorting, or other activities intended to improve the market value of Recyclables or Green Waste.

Rates. Rates mean the Contractor Service Fees plus any City Charges for Franchise Service billed and collected by the Contractor from each Customer receiving service under this Agreement.

Recycle, Recycling, or Recycled. Recycle, Recycling, or Recycled means the process of separating, collecting, sorting, cleansing, treating, reconstituting, or otherwise processing materials that are or would otherwise be disposed of in a landfill sod returning them to the economic mainstream in the

5 form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.

Recyclable Materials or Recyclables. Recyclable Materials or Recyclables means those materials that may be separated on a commercially reasonable basis from Solid Waste and returned to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Subject to mutually agreed revision by the Parties, Recyclable Materials or Recyclables include. food waste, newspaper (including inserts, coupons, and store advertisements), corrugated cardboard, mixed waste paper (including office paper, computer paper, magazines, junk mail, catalogs, Kraft bags and Kraft paper, paperboard, egg containers, phone books, brown paper, grocery bags, colored paper, construction paper, envelopes, legal pad backings, shoe boxes, and cereal and other similar food boxes), glass containers (including colored glass bottles and jars), aluminum (including beverage containers, foil, food containers, and small scrap metal), plastic milk and juice containers, steel or tin cans, small scrap metal, PETE and HDPE plastic containers (natural and colored), used motor oil and oil filters, and any other commercially viable recyclable materials mutually agreed to by the Contractor and the City.

Recyclables Processing Facility. Recyclables Processing Facility means a facility used for handling, processing, and preparing collected Recyclable Materials for marketing.

Residential Customer. Residential Customer means a Customer that receives Residential Service, including those Multiple-Family Dwellings that use Cart service.

Residential Recycling. Residential Recycling means the collection, processing, and marketing of those Recyclable Materials that are collected from Residential Customers under this Agreement.

Residential Service. Residential Service means Collection Service normally provided under this Agreement to all Single-Family Residences and those Multiple-Family Dwellings that receive Cart service.

Service Area. Service Area means the jurisdictional boundary of the City, including all areas hereafter annexed or otherwise added to the territorial limits of the City.

Single-Family Residence. Single-Family Residence means any one-unit house or mobile home, and any building or structure, or portion thereof, that is used for residential housing purposes and has two (2) or fewer distinct living units.

Solid Waste. Solid Waste means and includes all forms of residential and commercial waste generated within City limits and intended for disposal. Solid Waste as defined in California Public Resources Code, Section 40191 and regulations promulgated thereunder and without limitation includes all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes, demolition and construction wastes (C&D Debris), abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. Excluded from the definition of Solid Waste are Excluded Waste, Recyclable Materials, and Green Waste. Notwithstanding any provision to the contrary, "Solid Waste" may include de minimis volumes or concentrations of waste of a type and amount normally found in residential solid waste after implementation of

6 programs for the safe collection, recycling, treatment, and disposal of Household Hazardous Waste in compliance with Sections 41500 and 41802 of the California Public Resources Code.

State. State means the State of California.

Ton. Ton means 2,000 pounds.

Transport. Transport means the hauling of Solid Waste or Green Waste to a Designated Disposal Site, of Recyclables to a Recyclables Processing Facility, and of Green Waste to a Green Waste Processing Facility.

Uncontrollable Circumstances. Uncontrollable Circumstances means any acts of god or nature, such as landslides, lightning, fires, storms, floods, pestilence, freezing, and earthquakes; explosions; sabotage; civil disturbances; acts of a public enemy; wars; blockades; riots; eminent domain; condemnation or other taking; or other events of a similar nature, not caused or maintained by the City or the Contractor, which event is not reasonably within the control of the Party claiming the excuse from its obligations due to such event, to the extent such event has a material adverse effect on the ability of a Party to perform its obligations thereunder. Events which could have been prevented by reasonable precautions, including compliance with agreements and Applicable Law, shall not be considered an Uncontrollable Circumstance. Labor unrest, including but not limited to, strike, work stoppage or slowdown, sickout, picketing, or other concerted job action lawfully conducted by the Contractor's employees or lawfully directed at the Contractor or a subsidiary are not considered
Universal Waste. Universal Waste means any waste matter which the State of California classifies as `universal waste,' including, but not limited to, items and materials listed in 22 CCR 66261.9, as it may be amended, as well as any items listed below not classified by the State of California as `universal waste.' Universal Waste includes, but is not limited to, the following:

E-Waste;
Batteries (except automobile batteries);
Thermostats;
Lamps with fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and other lamps with hazardous waste characteristics;
Cathode ray tubes;
Aerosol cans;
Mercury-containing items, including light switches, pressure gauges, and thermometers; Appliances, devices, and other objects containing electronic components, including (but not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCRs, and televisions; and
Prescription and non-prescription drugs.

ARTICLE B. FRANCHISE PURPOSE, TERM, AND COMMENCEMENT

1. Exercise of City Rights. City chooses to exercise its authority under Public Resources Code § 40059, its police power authority under the Constitution of the State of California, and other applicable law, including the City of Jackson Municipal Code, Chapter

8.04.030, to grant an exclusive franchise for the collection and disposal of all Solid Waste, Green Waste, and Recyclable Materials as more fully set forth herein. Notwithstanding this grant of

7 franchise, City retains and reserves to itself the full authority to regulate, correct, and control all activities of the Franchise, including removal, termination, and suspension.

2. Exclusive Franchise.
(a) City grants to Contractor the exclusive right to collect and dispose of Solid Waste, Green Waste and Recyclables within City for the term commencing upon the operational date of this Agreement, which is , 2024 , and continuing to and including December 31, 2034. The term of this Agreement, as amended, may be extended for an additional term of ten (10) years at the parties’ mutual option, which may be exercised in each party’s sole discretion. Each party shall provide written notice of its decision to exercise the additional term at least one hundred twenty (120) days prior to the expiration of the initial term. In the event one or more parties fails to do so or affirmatively elects not to exercise the additional term, the Agreement, as amended, shall terminate on the expiration of the initial term. (b) The Contractor shall not have the exclusive right and privilege to collect the following materials. However, the granting of the Franchise set forth in this Agreement shall not preclude an owner, resident, or commercial entity from contracting for the categories of materials described below to be delivered to, collected and/or transported by the Contractor or others, provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining from the City any authorization which is otherwise requiredby law:
(1) Recyclable Materials donated or sold by Residential Customers or Commercial Customers to any party of their choice.
(2) The Contractor's exclusive Franchise in this Agreement shall not include governmental entities if and to the extent the City has no legal power to include them in the exclusive Franchise. The provisions of this Agreement shall not preclude or prohibit the City or any officer or employee thereof or any employee of the State, or any governmental subdivision thereof, from collecting, removing, and disposing of Franchise Materials from the City or State facilities. Moreover, this subsection does not affect Contractor's responsibility to provide free City service pursuant to Article I.1, of this Agreement.

3. Title to Materials. All Solid Waste, Recyclables, and Green Waste collected pursuant to this Agreement shall remain the property of the Customer until such time as it is collected for disposal. It is expressly understood that all Solid Waste, Recyclables, and Green Waste collected under this Agreement becomes the property of the Contractor upon collection, subject to the requirement of delivery of Solid Waste to the Designated Disposal Site. The Contractor is hereby granted the right to retain, dispose of, and otherwise use such Franchise Materials, or any part thereof, in any fashion or for any lawful purpose desired by Contractor, and to retain any benefit or profit resulting therefrom except as required in this Agreement. Solid Waste which is disposed of at a Designated Disposal Site shall become the property of the owner or operator of the Designated Disposal Site once deposited there by the Contractor.

ARTICLE C. REPRESENTATIONS. WARRANTIES AND COVENANTS

1. Representations and Warranties of Contractor. Contractor hereby makes the following representations and warranties for the benefit of the City as of the Effective Date:

8 (a) Contractor is duly organized and validly existing as a corporation in good standing under the laws of the State of California;
(b) Contractor has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement by all necessary and proper action by its Board of Directors, or by its shareholders, if necessary;
(c) The person signing this Agreement on behalf of the Contractor is authorized to do so, and this Agreement has been duly executed and delivered by Contractor in accordance with the authorization of its Board of Directors or shareholders, if necessary, and constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with its terms;
(d) Neither the execution and delivery by Contractor of this Agreement, nor the performance by Contractor of its obligations hereunder conflicts with, violates, or will result in a violation of any existing applicable law;
(e) Contractor has sufficient financial resources to perform all aspects of its obligations hereunder;
(f) Contractor has the expert, professional and technical capability to perform all of its obligations under this Agreement;
(g) Neither the execution nor the delivery by the Contractor of this Agreement nor the performance by the Contractor of its obligations hereunder: (1) conflicts with, violates, or results in a breach of any law or governmental regulation applicable to the Contractor; (2) conflicts with, violates, or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of the Contractor), or instrument to which the Contractor is a party or by which the Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement, or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of the Contractor;
(h) There is no action, suit, or other proceeding as of the Effective Date, at law or in equity, or to the best of the Contractor's knowledge, any investigation, before or by any court or governmental authority, pending or threatened against the Contractor which may materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by the Contractor in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of the Contractor to perform its obligations hereunder, or which would have a material adverse effect on the financial condition of the Contractor or its parent company;
(i) The Contractor has made an independent investigation (satisfactory to it) of all conditions and circumstances surrounding the Agreement, the City's needs, and the Contractor's ability to provide services. The Contractor has relied solely on its own investigation of the City, its Customers, and service needs in preparing its proposal and entering into this Agreement; and (j) The information supplied by the Contractor in all submittals made in connection with negotiation and execution of this Agreement or the Existing Franchise and all

9 representations and warranties made by the Contractor throughout this Agreement, are true, accurate, correct, and complete in all material respects on and as of the Effective Date of this Agreement.

2. Representations and Warranties of the City. The City hereby makes the following representations and warranties to and for the benefit of Contractor as of the effective date of this Agreement:
(a) The City is a California municipal corporation, duly organized and validly existing under the laws of the State of California, with full legal right, power and authority to enter into and perform its obligations under this Agreement;
(b) The party executing this Agreement on behalf of the City is duly authorized by the City Council to do so. This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms.

3. Contractor's Covenants. Contractor covenants it shall obtain and deliver to City before the Effective Date the following documents:
(a) Certificates of Insurance. Contractor shall furnish the City with satisfactory Certificate(s) of Insurance in the form and according to the provisions of ARTICLE E of this Agreement. Such certificates shall be signed by Contractor's insurer, and shall clearly state the types and amounts of coverage required under ARTICLE E, the effective dates and expiration dates of the policies, and all required endorsements.

ARTICLE D. COMPLIANCE WITH LAW, PERMITS

1. Compliance with Law. Contractor shall comply, at its expense, fully and faithfully with all local, state and federal and state laws ordinances, regulations and permit requirements, as they may be amended from time to time, applicable to its performance under this Agreement or in any way related to Contractor's performance of the services required under this Agreement; including but not limited to local, state, and federal laws, ordinances and regulations relating to collection, disposal and processing of Solid Waste, Recyclables, and Green Waste; and laws, ordinances and regulations relating to protection of the environment. Without limiting the generality of the foregoing, Contractor shall, at its sole expense, prepare and complete, or arrange for the preparation and completion of, any environmental impact report or other environmental reviews required under applicable local, state and federal law for the construction, modification or operation of physical plants, if any, necessary to perform the services provided under this Agreement.

2. Permits, Authorizations, Licenses. Contractor shall obtain and shall maintain throughout the term of this Agreement, at Contractor's sole expense, all necessary permits, licenses, inspections and approvals required for Contractor to perform all the work and services agreed to be performed by Contractor pursuant to this Agreement. Contractor shall show proof of such permits, licenses, or approvals upon the request of the City.

3. SB 1383 Compliance. Contractor shall collaborate with City to implement a program under SB 1383 and/or seek a waiver or exemption pursuant to 14 CCR §§ 18984.11 and 18984.12. If a waiver or exemption is obtained and valid until December 31, 2026 or until five (5)

10 years after the date CalRecycle makes a determination that the statewide disposal of organic waste has not been reduced to 50 percent (50%) of the level of disposal during the 2014 calendar year, whichever is later, the Parties shall collaborate to have a City wide SB1383 organic waste program compliant with the then current applicable regulations in place. Upon the Effective Date, Contractor and City shall collaborate to implement an Education and Outreach Program and Reporting Program, and any other requirement in compliance with SB 1383 requirements not subject to waiver and/or exemption. Any approved program shall be set forth in an amendment to this Agreement.

ARTICLE E. INDEMNIFICATION AND INSURANCE

1. Contractor's Duty to Indemnify City. To the maximum extent allowed by law, Contractor shall protect, defend, indemnify and hold harmless the City, its agents, officers, employees, successors, and appointed and elected officials (collectively, "Indemnitees") from and against all liabilities, claims, suits, allegations, actions, damages, interest, penalties, fines, and/or causes of action (collectively "claims") arising from or in connection with Contractor's exercise of the Franchise, or which are caused by Contractor's failure to comply with Applicable Law.

Contractor shall indemnify and hold harmless the Indemnitees from and against all costs of investigation, litigation, negotiation or alternative dispute resolution; attorneys' fees and expenses incurred in obtaining expert testimony and the attendance of witnesses; and all other expenses and liabilities incurred in connection with the defense of any action or proceedings brought thereon, and from and against any orders, judgments or decrees which may be entered thereon, except to the extent such claims arise solely out of the active negligence or willful misconduct of the City.

In the event of legal challenge to the issuance of the Franchise, City shall be responsible for defense of any legal action arising from allegation of procedural irregularities in the granting of the Franchise. Contractor shall be responsible for, and shall indemnify and hold City harmless from, any legal action arising from the award of this Franchise to Contractor, including any allegation of unfair business practices in the obtaining of the Franchise, save and except for any procedural irregularities in granting the Franchise. The City shall provide Contractor with prompt notice of any claims, and Contractor may assume the defense of any claim. Contractor shall have authority to settle any claim, provided such settlement fully releases and extinguishes Indemnitees' alleged liability under the claim. The provisions of this subsection shall survive the termination of this Agreement.

2. AB 939 Indemnification. To the extent permitted by Public Resources Code Section 40059.1, and to the extent noncompliance is caused by the Contractor's breach of or noncompliance with a provision of this Agreement, the Contractor agrees to protect and defend the City, with counsel selected by the City, and to indemnify and hold harmless the City from and against all fines or penalties imposed by the State of California if the waste diversion goals specified in the California Public Resources Code are not met by the City with respect to the Solid Waste, Recyclables, and Green Waste collected by the Contractor under this Agreement.

3. Insurance. Irrespective of, and in addition to, the indemnity and hold harmless provisions set forth above, Contractor shall secure and maintain throughout the course of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. The cost of insurance, as of the Effective Date of this Agreement, shall be included in the Contractor's Rates.

11 (a) Comprehensive General Liability Insurance. Contractor, at its own expense, shall maintain liability and property damage insurance for the period covered by this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit coverage. The amount of this coverage may be increased upon mutual Agreement of the parties, and the costs of such increases shall be considered during City Council review of any rate increases sought by Contractor. Such coverage shall include, but not be limited to, protection against claims arising from: bodily and personal injury, including death resulting therefrom; damage to property resulting from activities contemplated under this Agreement; product liability; and claims relating to completed operations. The City, its officers, employees, appointed and elected officials, agents and volunteers (collectively "Insured Parties") shall be named as additional insureds for all liability arising out of: activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Any failure to comply with reporting or other provisions of the policies including breaches of warranties, shall not affect coverage provided to the Insured Parties. The policy shall stipulate that this insurance is primary insurance and that no other insurance carried by the City will be called upon to contribute to a loss suffered by Contractor hereunder. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City. Contractor shall provide City with at least thirty days prior written notice of cancellation of the policy, except that Contractor shall provide at least ten days prior written notice of cancellation of the policy due to non-payment of premium and shall provide that written notice must be given to the City thirty days prior to policy cancellation by certified mail, return receipt requested. Contractor shall notify the City within ten days of its knowledge of any material change in coverage. (b) Automobile Liability Insurance. Contractor, at its own expense, shall maintain automobile liability insurance for the period covered by this Agreement in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit coverage for personal and bodily injury and property damage. The amount of this coverage may be increased upon mutual agreement of the parties; the costs of such increases shall be considered during City Council review of any rate increases sought by Contractor. The City may require increases in the amount of coverage on an annual basis proportionate to increases in the Rates. Such coverage shall include, but shall not be limited to, the use of owned and non-owned automobiles. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City. Contractor shall provide City with at least thirty days prior written notice of cancellation of the policy, except that Contractor shall provide at least ten days prior written notice of cancellation of the policy due to non-payment of premium and shall provide that written notice must be given to the City thirty days prior to policy cancellation by certified mail, return receipt requested. Contractor shall notify the City within ten days of its knowledge of any material change in coverage. (c) Worker Compensation Insurance. Contractor, at its own expense, shall carry and maintain full Worker Compensation Insurance, as required by the California Labor Code and Employer's Liability insurance with limits as required by law. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City. Contractor shall provide City with at least thirty days prior written notice of cancellation of the policy, except that Contractor shall provide at least ten days prior written notice of cancellation of the policy due to non-payment of premium and shall provide that written notice must be given to the City thirty

12 days prior to policy cancellation by certified mail, return receipt requested. Contractor shall notify the City within ten days of its knowledge of any material change in coverage. (d) Non-renewal or Cancellation. Upon notification of receipt by the City of a notice of cancellation, material change in coverage, or expiration of policy(ies), Contractor shall file with the City a certified copy of a new or renewal policy(ies) and certificates for such policy(ies) satisfactory to the City.
(e) Failure to Comply. If at any time during the term of the Agreement, Contractor fails to comply with the provisions of this Article E, the City may, in addition to any other remedy available to City, take out and maintain, at Contractor's expense, such insurance as the City may deem proper and charge the cost thereof to the Contractor. (f) Copies Incorporated into Agreement. Copies of the initial certificates of insurance, policy endorsements, are attached hereto and incorporated herein by reference as Attachment 1.

ARTICLE F. SERVICES TO BE PERFORMED BY CONTRACTOR

1. General. The Contractor shall, in accordance with the terms of this Agreement, Applicable Law, and best industry practices, provide all labor, materials, facilities, services, and equipment necessary to:
(a) Collect, transport, and dispose of all Solid Waste; Collect, transport, process, recycle, and market all set-out Recyclables and Green Waste in the Service Area;
(b) Provide public education, reporting, and other requirements, as well as Customer Services within the City. The following Sections describe these services.

2. Solid Waste Collection.
(a) Residential Service. The Contractor shall, once per week, collect the Solid Waste which has been placed at Curbside prior to the Contractor's normal weekly collection time.

Contractor shall provide and replace damaged and defective Carts to Customers for Recyclables at no charge. In the event the damage to the Cart is caused by Customer, Contractor may charge Customer for the cost of the replacement Cart. In addition, upon request, the Contractor, without expense to the City or Customer, shall provide a Solid Waste Cart to a new Residential Customer that has no such container within five (5) working days after notice, of, or request for, service, or in the case of annexations, within fourteen (14) days of the annexation effective date. (b) Commercial Service. The Contractor shall provide Solid Waste collection service to Commercial Customers as often and as otherwise requested by the Customer or required by the City. Contractor shall provide Commercial Customers with Bins in the sizes set forth in Attachment 3. Upon request, Contractor will clean bin once per calendar year at no additional cost to customer. If additional cleanings are requested, Customer will be subject to charges shown in Attachment 2.
(c) Cleanup. The Contractor shall be responsible for cleanup of any Solid Waste dropped or spilled by its employees or agents during collection or transport.

13 (d) Non-Collection Due to Non-Payment by Customer. The Contractor shall not be required to collect Solid Waste from a Customer if the Customer's account is in arrears beyond thirty (30) days.

3. Recyclable Materials Collection.
(a) Residential Recycling. The Contractor shall collect, process, recycle, and transport Recyclables placed Curbside in Recyclables Carts from all Residential Customers at least once every other week on the same day as Solid Waste collection provided that Recyclables collection service shall not occur on the same day as Green Waste collection. Contractor shall provide and replace damaged and defective Carts to Customers for Recyclables at no charge. In the event the damage to the Cart is caused by Customer, Contractor may charge Customer for the cost of the replacement Cart. In addition, upon request, the Contractor, without expense to the City or Customer, shall provide a Solid Waste Cart to a new Residential Customer that has no such container within five (5) working days after notice, of, or request for, service, or in the case of annexations, within fourteen (14) days of the annexation effective date. (b) Commercial Recycling. The Contractor shall collect, process, recycle, and transport Recyclables from all Commercial Customers that participate in Recycling service.

Recycling Containers shall be provided within fifteen (15) working days of sign-up and Customer's provision of a proper site.
(c) Cleanup. The Contractor shall be responsible for cleanup of any Recyclables dropped or spilled by its employees or agents during collection or transport. (d) Non-Collection Due to Contamination. The Contractor shall not be required to collect Recyclables from a Cart if the Recyclables are commingled with Solid Waste or Green Waste. In the event the Recyclables and Solid Waste are commingled to the extent that they cannot easily be separated by the Contractor or the nature of the material renders the Recyclable Materials contaminated, the Contractor will leave the material in the Cart and will leave a non-collection notice explaining the reason for non-collection of the Solid Waste and Recyclables. Contractor may, at its sole discretion, collect the contaminated materials and charge Customer for the collection and disposal thereof as Solid Waste. (e) Non-Collection Due to Non-Payment by Customer. The Contractor shall not be required to collect Recyclable Materials from a Customer if the Customer's account is in arrears beyond thirty (30) days.

4. Green Waste Collection.
(a) Residential Green Waste Collection. The Contractor shall collect, transport, and process Green Waste placed Curbside in Contractor-supplied Carts or bundled for large items, as described herein. Collection shall occur once every other week at the same time as Solid Waste collection for that week, provided that Green Waste collection shall not occur on the same day as Recyclable collection.. In addition, the Contractor, without expense to the City or Customer, shall provide a Green Waste Cart to a new Residential Customer that has no such container within five working days after notice of, or request for, service, or in the case of annexations, within fourteen days of the annexation effective date.

14 (b) Commercial Green Waste Collection. Subscribing to Green Waste service will be optional for Commercial Customers. Containers shall be provided within fifteen working days of sign-up and Customer's provision of a proper site. (c) Cleanup. The Contractor shall be responsible for cleanup of any Green Waste dropped or spilled by its employees or agents during collection or transport. (d) Non-Collection Due to Contamination. The Contractor shall not be required to collect Green Waste if it is commingled with Solid Waste or Recyclables. In the event the Green Waste is commingled with non-Green Waste materials to the extent that they cannot easily be separated by the Contractor, the Contractor will leave the Green Waste uncollected and will leave a non-collection notice explaining the reason for non-Collection. Contractor may, at its sole discretion, collect the contaminated materials and charge Customer for the collection and disposal thereof as Solid Waste.

5. Non-Collection Due to Non-Payment by Customer. The Contractor shall not be required to collect Green Waste from a Customer if the Customer's account is in arrears beyond thirty (30) days.

6. Bulky Item Collection. Contractor shall collect Bulky Items from all Customers upon request at the Rates set forth in Attachment 2. However, Contractor shall provide a Spring and Fall Cleanup annually, to subscribers with accounts in good standing, at no additional cost.

Contractor will provide the City and each subscriber with literature explaining the scope and schedule of the special cleanups. The service shall only be valid for subscribers with accounts in good standing, and up to 1 cubic yard of waste per subscriber per Special Cleanup.

7. C&D Debris. Contractor shall collect C&D Debris from all Customers upon request. C&D Debris shall be considered Bulky Item, Recyclable Materials or Green Waste collection as applicable. However, City may adopt ordinances or regulations regarding C&D Debris collection. Contractor shall comply with such ordinances and regulations and shall assist City's implementation of the same. Contractor may request that City establish separate maximum Rates for C&D Debris collection and City may do so in its sole discretion.

8. Education. Contractor shall provide notice and education to all Customers regarding its services under this Agreement and efforts to comply with Applicable Law, including waste diversion as requested by City.

9. Universal Waste. With the parties' mutual agreement and upon such terms as they agree upon, Contractor may collect Universal Waste from Customers. Contractor shall comply with all Applicable Law when collecting, processing or disposing of Universal Waste.

ARTICLE G. COLLECTION OPERATION DUTIES

1. Collection Schedule. Contractor shall make at least one weekly collection of all Solid Waste, Recyclables, and Green Waste from all residential, commercial and institutional subscribing customers within the collection area unless otherwise approved by the City. The pickup days and schedule shall be designated by Contractor and shall not be changed by it without at least seven (7) days prior written notice to the City and the customer affected by any such

15 change. At no additional cost, the Contractor shall provide special service to Residential Customers who demonstrate that no person residing in their residence is able to move their Solid Waste, Green Waste, or Recycling carts to the curbside or another designated collection location due to physical impairment. Collection shall be from the back porch, carport, or other outside storage location. The Contractor shall screen applicants (must be name shown on bill or rental agreement) and provide this special service only in cases of legitimate need. Disability may be established by submitting a note from a treating doctor. Eligibility for this special service shall be on an annual basis and the City Manager shall determine eligibility in his or her sole discretion if Contractor and customer cannot do so.

2. Equipment. The equipment necessary to execute Contractor’s duties under this Agreement shall be maintained by Contractor at all times during the term hereof, unless said equipment is replaced with comparable or better equipment. All equipment used by Contractor for the collection and hauling of Solid Waste shall be of the watertight compactor" type truck.

Equipment used exclusively for the collection of Solid Waste may be of any suitable type but shall be provided with coverings to adequately contain the Solid Waste within the truck body.

Contractor shall maintain all trucks in a clean and sanitary condition, and shall have clearly visible an insignia and telephone number on each truck designating the name of the Contractor. Contractor shall clean the inside of the trucks regularly after dumping, and shall keep the outside of the bodies free from dirt and filth. All equipment and trucks shall comply with Applicable Law, including any standards or regulations adopted by the Amador Air District.

3. Hours of Collection. Solid Waste, Recyclables and Green Waste collections shall generally commence at 6:00 a.m., but Contractor may, if reasonably required, commence pickup at 5:00 am in residential areas. Such collection may be made in any commercial and industrial districts, except the "downtown" area, at any time subject to such reasonable modifications of collection periods as may be imposed by the City. Collections in the "downtown commercial area" shall occur prior to 12:00 p.m. No regularly scheduled residential collections shall be made on Saturdays or Sundays unless authorized by the City, and no regularly scheduled collections may be made on Sundays unless authorized by the City. All collections shall be made as quietly as possible.

4. Standard of Care. Contractor shall not litter in the process of making collection from any Customer, nor allow any Solid Waste to blow or fall from any vehicle used for collections.

Contractor shall repair or replace at its expense Carts or Bins damaged as a result of its negligent handling thereof, reasonable wear and tear excepted. Contractor shall replace lids or covers on Carts or Bins immediately after emptying.

5. Customer Complaints and Business Office. Contractor shall supply City with copies of all complaint reports and information as to their disposition upon request. All complaints shall be processed within 24 hours of receipt between Monday and Thursday evening. Complaints received on Friday or a weekend shall be processed on the following Monday. Contractor agrees to establish and maintain at a designated location a satisfactory business office within Amador County in which its business operations shall be conducted, and public access during normal business hours is provided. Contractor shall also provide a toll-free telephone line to receive Customer complaints. Nothing contained herein shall prevent Contractor from discontinuing service for customer nonpayment.

16 6. Disposal Operations. All Solid Waste collected in the area described herein by Contractor shall be processed and disposed of the Designated Disposal Facility, a Recyclables Processing Facility and Green Waste Processing Facility as applicable. Contractor shall divert Recyclables and Green Waste from Solid Waste to the extent possible. The Designated Disposal Site is the Western Amador Recycling Facility ("WARF") in lone, or the Pine Grove Transfer Station. The parties may agree to modify the Designated Disposal Facility should the WARF and Pine Grove Transfer Station become non-competitive in its pricing or rate structure. Solid Waste will only be disposed of in landfill sites in having all the necessary permits and required approvals of any administering jurisdiction as required by Applicable Law.

7. Expected Performance Level. Contractor understands and acknowledges that every detail of this Solid Waste handling operation is important to the City for the protection of the health and safety of its residents. Therefore, Contractor agrees to and shall develop and maintain a high and uniform level of orderly and uninterrupted service, cleanliness, appearance, well maintained equipment and responsible training and business techniques which will protect and enhance customer needs and contribute to the service reputation of the City and this franchise system. Accordingly, Contractor agrees:
(a) To hire and carefully supervise efficient, competent, sober and courteous operators and employees for the conduct and operation of the business; (b) To maintain all equipment shown on the Equipment List (Attachment 3), to conform with public health standards of cleanliness and neatness, including regular disinfecting and cleaning of each truck.
(c) To purchase and maintain said equipment in a manner capable of satisfying all of the City's standards and meeting all Customer needs. Normal downtime for repairing and service of said equipment is not a material failure to perform the work. (d) Contractor shall have a contingency plan, incorporated herein as Attachment

4. Such plan shall include the ability to bring additional or replacement equipment and/or personnel to the Service Area, in order to perform the required work in the event of a deficiency. (e) Contractor shall comply, as a part of Contractor's duties hereunder, with all Applicable Law relating to resource reduction and/or recycling. Contractor shall assist City as requested with complying with the same, including implementing policies, procedures or other efforts requested by City.
(f) Under no circumstances shall the Contractor's employees knowingly collect Hazardous Waste or remove unsafe or poorly containerized Hazardous Waste from Customer premises. If the Contractor determines that material placed in a container for collection is Hazardous Waste, Excluded Waste, or other material that may not be legally accepted at the Designated Disposal Site, Recyclables Processing Facility, or Green Waste Processing Facility or that presents a hazard to Contractor employees, the Contractor shall have the right to refuse to accept such material. The Contractor shall leave a non-collection notice indicating the reason for refusing the material. The Contractor shall contact the generator and request that the generator arrange for proper disposal service. If the Hazardous Waste, Excluded Waste, or other objectionable material is identified at time of delivery to the Designated Disposal Site, Recyclables Processing Facility, or Green Waste Processing Facility and the generator cannot be identified, the

17 Contractor shall be solely responsible for handling and arranging transport and disposition of the Hazardous Waste, Excluded Waste, or other objectionable material.

ARTICLE H. RATES.

1. Franchise Rates. For all services required to be performed under this Agreement, Contractor shall not charge any amount in excess of the rates identified in Attachment 2 and as modified pursuant to the methodology described below. A 10% Rate discount shall be given to senior citizen (65 years or older) Residential Customers.

2. CPI Rate Adjustments. The Rates shall be adjusted annually for a CPI Adjustment (as defined below) and such adjustments may be effective as of the first day of August of each calendar year, provided that no adjustment shall be imposed for calendar year 2024, unless previously approved by the City. This annual increase or decrease (hereinafter referred to as the "CPI Adjustment") shall be equal to the amount derived by multiplying (A) the previous Rate by (B) the percentage increase or decrease in the U.S. City Average Consumer Price Index for "All Urban Consumers" - San Francisco-Oakland-San Jose, CA ("Index") during the most recent 12 month period for which the Index is available, subject to a maximum CPI Adjustment of 5%.

3. Disposal Fee Adjustment. Contractor shall be entitled to a rate increase whenever Contractor's disposal costs increase due to a rate increase at the disposal facility used by Contractor, but only for the purpose of passing through said disposal cost increase adjustment in the Rates. Contractor shall provide the City with a minimum of sixty (60) days' advance written notice of proposed rate increase, including satisfactory evidence of the disposal facility tipping fee increase and a calculation showing the amount of the information from Contractor justifying the proposed rate increase, and shall consider the request for an increase within said sixty (60) day period. Contractor shall endeavor to propose Disposal Fee Adjustments at the same time as an annual CPI Adjustment. No rate increase shall be granted prior to California Constitution Article XIII D, section 6 (Proposition 218) compliance unless duly authorized by the City.

4. Special Service Rate Review Request. In addition to the CPI Adjustment and Disposal Fee Adjustment, the Rates may, upon written request of the Contractor, be further adjusted (a "Discretionary Adjustment") for increased expenses associated with performance of the services hereunder. The City shall consider a Discretionary Adjustment under this provision whenever Contractor establishes to the satisfaction of the City that unforeseen circumstances have arisen which have materially affected the Contractor's operating costs or revenue generated under this Agreement. The Contractor may request a Discretionary Adjustment due to any one or more of the following causes:
(a) any change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state, regional or local government that is effective after the Effective Date of this Agreement;
(b) changes in disposal methods or sites mandated by any political body which may now or in the future have legal jurisdiction;
(c) surcharges, fees, assessments or taxes levied by federal, state or local regulatory authorities or other governmental entities upon the collection or disposal of Solid Waste;

18 (d) no more often than every four years, Contractor may propose an adjustment in the Contractors rates to provide a reasonable rate of return consistent with industry standards.

Any third-party cost of rate review are to be paid by Contractor and are to be allowed as a passthrough cost not subject to profit under this subsection. The City Council may grant or deny this adjustment in its sole discretion.
(e) any other causes or reasons that are not within the reasonable control of the Contractor.

5. Rate Adjustment Procedure. The Contractor shall submit to the City a written request for a CPI Adjustment, Disposal Fee Adjustment, and/or Discretionary Adjustment, including a report detailing the increased expenses associated with performance of the services hereunder due to any of the above enumerated causes. A request for a CPI Adjustment without any Discretionary Adjustment shall be submitted no later than May 1st of any given year, and a request for a CPI Adjustment that also requests a Discretionary Adjustment shall be submitted no later than April 1st of each year. A Disposal Fee Adjustment shall be made following any increase or notification of a future increase in Disposal Fees. The Contractor's failure to submit a timely request shall constitute a waiver of the Contractor's rights to seek a rate adjustment for the following calendar year except to the extent that the City determines such failure does not materially prejudice the City's ability to give due consideration to and take action with respect to such request in the ordinary course of business so that any change in Rates may take effect on the following August 1st. Within thirty days after the Contractor provides the City with such request and report, the City shall notify the Contractor in writing as to whether the City accepts such information as complete or specifying any respect in which the City deems such information incomplete or deficient.

Provided that adequate supporting information has been submitted by the Contractor, a requested Disposal Fee Adjustment shall be placed on the next Council agenda following submission of a request accompanied by adequate supporting documentation. Provided that adequate supporting information has been submitted by the Contractor, any requested Discretionary Adjustment shall be placed on the Council agenda for consideration. The Council shall not deny a requested Disposal Fee Adjustment unless the Council finds that adequate supporting information has not been submitted by the Contractor. The Council's discretion in this respect shall not be limited or otherwise affected by the fact that City staff may have deemed complete the information submitted by the Contractor. The City shall afford the Contractor a reasonable opportunity to supplement the information provided with the request in the event the City staff or the Council determines that it is not complete.

Prior to any approval of any CPI Adjustment, Disposal Fee Adjustment, and/or Discretionary Adjustment, the City may submit the proposed increase for such approval by the property owners and/or ratepayers as required by State law. Upon receipt of such approval, or after determination that a majority protest by ratepayers has not occurred which would defeat any such modification of Rates, the City may consider the rate adjustment. The Contractor shall pay for the City's reasonable out-of-pocket costs incurred in submitting such proposed increase for approval as required by such provision. Said costs incurred by City and paid by Contractor may be included in a rate increase request as a pass through expense that shall not be used when considering any rate adjustment under Section 4(d) of this Article H. If a proposed rate increases is subject to a successful majority protest under California Constitution Article XIII D, section 6 (Proposition 218) or otherwise not approved by the City's residents, ratepayers or property owners, nothing in

19 this Agreement shall prevent City from immediately resubmitting the requested increase under California Constitution Article XIII D, section 6 (Proposition 218).

In the event that the Contractor would be entitled to a CPI Adjustment, it shall notify City in writing by May 1st of any given year. Such CPI Adjustment to the Rates shall take effect on the following August 1st. The Contractor's failure to submit a timely request shall not constitute a waiver of its rights to seek a rate adjustment for the following calendar year in the event that Contractor demonstrates that the failure to do so would materially prejudice its ability to take action with respect to such request in the ordinary course of business so that any change in Rates may take effect on the following August 1st.

6. Reductions in Service Following Majority Protest. Following a majority protest to any requested rate increase, the Parties shall promptly meet and confer to discuss the impact to Contractor on its ability to provide further services under the Agreement. As part of their efforts to meet and confer, the Parties shall discuss modifications to the services Contractor provides, or reductions in the levels of service it provides, that would allow Contractor to continue to receive a reasonable profit under the Agreement. Should the Parties agree on modifications and/or reductions in service, they shall enter into a separate amendment to the Agreement to memorialize the agreed upon terms. In the event the parties are unable to agree on proposed changes, either party may terminate the Agreement with one year written notice.

7. AB 939 Fee. The City may adjust the City Charges to cover increased costs of compliance with AB 939, in which case the Contractor will remit to the City a fee in the amount collected by the Contractor from its Customers pursuant to such increase. The City shall not adjust City Charges to cover increased costs of compliance with AB 939, in the event that a rate increase is not approved by ratepayers.

ARTICLE I. FRANCHISE FEES.

1. Payment. In consideration of the Franchise privileges granted by City and subject to any limitations imposed by applicable law, Contractor shall pay to City on a quarterly basis a Franchise Fee of five percent of the gross revenues from Contractor's operations in the City annually. Franchise Fees shall be paid to and received by City on or before the last business day of each quarter. Any late Franchise Fee payment shall be subject to a 1.5% per month late fee. City may impose, increase, or decrease the Franchise Fee or other similar City administrative or other fees with written notice to Contractor. In addition, Contractor shall pick up all City Solid Waste, Recyclables and Green Waste at the locations and in the frequencies detailed in Attachment 5, without charge. City may amend or reasonably expand these locations with written notice to Contractor. Contractor shall also collect any reasonable amount of Solid Waste illegally dumped within one business day of City's request to do so.

2. Exclusion of Franchise Fees from Rates. Contractor is prohibited, and agrees to refrain, from including that portion of the Franchise Fees payable to the City under this Agreement.

Contractor further agrees no portion of any future requests for Rate adjustments shall be based upon, or take into account, Franchise Fees paid pursuant to this Agreement. In the event that the Franchise Fees, stated above, is decreased or increased during the lifetime of this Agreement, Contractor shall decrease the rates to reflect such decrease and may elect to recoup the increase in Franchise Fees in a rate adjustment request pursuant to the terms and provisions contained in Article I of this Agreement. Said Franchise Fees paid by Contractor shall be treated as a pass through

20 expense that shall not be used when considering any rate adjustment under Section 4(d) of this Article H.

ARTICLE J. BILLINGS.

The Contractor shall bill Customers for all services. Solid Waste collection billing shall be itemized separately from billing for Recycling services and billing for Green Waste services. Such billings may cover the periods and be collected by the methods hereinafter set forth.

1. Residential. Residential Customers shall be billed monthly or quarterly in advance.

Payment with respect to each such bill shall be due on or before the 30th day following the end of the service period for which the bill is rendered. If not paid when due, the bill may thereafter bear a late charge to be determined by the Contractor (subject to City approval) which shall be collectible along with the charge for service.

2. Commercial. Commercial Customers shall be billed monthly or quarterly in advance. Payment with respect to each such bill shall be due on or before the 30th day following the end of the service period for which the bill is rendered. If not paid when due, the bill may thereafter bear a late charge to be determined by the Contractor (subject to City approval) which shall be collectible along with the charge for service.

3. Disposal Fees. The Contractor shall assume responsibility for payment of Disposal Fees imposed by the Designated Disposal Site.

ARTICLE K. REPORTS AND FINANCIAL AUDITING.

1. Financial Reporting. Contractor shall submit to the City quarterly and annual yearend financial statements which clearly identify Contractor's profits or losses. Such statements shall be prepared pursuant to standard bookkeeping procedures, said procedures being acceptable to the City. Quarterly statements shall be provided within thirty days of the end of the quarter.

Contractor shall also provide City with quarterly financial reports showing the performance of Contractor's recycling programs. Contractor agrees to and shall keep true and correct records and books of account from which the City may readily determine the status and progress of the Contractor's business operation. The Contractor further agrees that City, by any of its authorized personnel, may inspect such books and records in Contractor's business office at reasonable times.

City shall have the right to examine equipment orders, customer accounts and other related records, as deemed necessary by City.

2. Annual Reports. Upon request by the City, within one hundred twenty days after the close of Contractor's fiscal year (Contractor's fiscal year ends December 31th each year), Contractor shall submit to the City a written annual report, in a form approved by the City, including but not limited to, the following information:
(a) A summary of the previous year's (or in the case of the initial year, the initial year's) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class and level of service. (b) Contractor shall also submit annual revenue statements to the City setting forth quarterly Franchise Fees and the basis for calculation thereof, certified by an officer of the

21 Contractor. Said statement shall include revenues received under this Agreement, outstanding accounts receivable, bad debt write-offs and recoveries, and regulatory fees submitted to the City. (c) A list of Contractor's Officers and members of its Board of Directors.

3. Quarterly Remittances. Contractor shall include all Franchise Fees and City Charges in its quarterly reports to City. Such remittances shall include all required information and documentation.

4. AB 939 Requirements. During the term of this Agreement, Contractor shallsubmit "Quarterly Station Notification to County or Regional Agency" to County of Amador as lead agency for the AB939 Regional Agency, with a courtesy copy submitted to City, and more often if required by law, information reasonably required by City to meet its reporting obligations imposed by AB 939 and other Applicable Law, in a manner approved by City. Contractor agrees to submit such reports and information on computer disks if reasonably requested by City.

Contractor agrees to render all necessary cooperation and assistance, as determined by City, to the City in meeting the requirements of City's Source Reduction and Recycling Element and NonDisposal Facility Element and Applicable Law.

5. Waste Audits. Contractor shall conduct waste audits at the request of City where such waste audits are necessary to enable City to comply with the requirements of Applicable Law. The results of such audits will be memorialized on forms approved by the City. The purpose of the audit will be to identify volume and characteristics of Solid Waste being generated by the customer. A copy of the audit shall be provided by the Contractor to the City, and to Contractor's own files.

6. Customer Lists. Upon request by the City, contractor shall immediately furnish to City copies of customer lists, pick up addresses and service levels. City acknowledges that information pertaining to the accounts or customer list is confidential information which City will protect from public disclosure, except in the event of substantial default by Contractor or as required by Applicable Law, including the California Public Records Act.

7. Privacy of Customer Information. Contractor shall use all reasonable efforts to observe and protect the rights of privacy of Customers. Information identifying individual Customers, or the composition or contents of a Customer's Solid Waste shall not be revealed to any person, private agency or company, unless upon the request of federal or state law enforcement personnel, the authority of a court of law, by statute, or upon valid authorization of the Customer.

This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or other reports requested by the City under the Agreement or required or requested by any governmental agency.

8. Mailing List. Contractor shall not market or distribute outside the normal course of its business mailing lists with the names and addresses of Customers.

9. Financial Auditing. At City’s request, Contractor shall provide City with an annual financial audit in conjunction with Amador County, not to exceed once every 3 years or when requested by Amador County.

At any time and without limiting the above, the City may audit Contractor's books or any annual or quarterly reports. If such audit discloses a material breach of this Agreement or an

22 underpayment of other sums due to the City under this Agreement in excess of five percent of the amount which should have been paid, the Contractor shall promptly tender to the City the amount of such underpayment, together with interest at the rate of ten percent computed from the date of underpayment, and shall further reimburse the City for the entirety of its audit costs, including, without limitation, auditor's costs and expenses, internal costs and expenses, and legal and other third party expenses. If such audit discloses an underpayment of less than five percent, the Contractor shall promptly repay such underpayment, together with interest at the rate of ten percent computed from the date of underpayment, and the City shall bear the costs of the audit. If such audit discloses an overpayment, the City shall promptly repay such underpayment and the City shall bear the costs of the audit. Contractor may include any expense incurred as a result of a financial audit, in a rate increase request subject to the terms and provisions of the Agreement.

10. Failure to Report. The refusal, failure or neglect of the Contractor to file any of the reports required, or to provide material information to City, or the intentional inclusion of any materially false or misleading statement or representation made knowingly by Contractor shall be deemed a material breach of the Agreement, and shall subject the Contractor to all remedies, legal or equitable, which are available to the City under the Agreement.

ARTICLE L. DEFAULT, TERMINATION, WAIVER

1. Default and Automatic Termination. Contractor shall be deemed to be in default under this Agreement and all rights and privileges granted to Contractor shall terminate upon thirty days written notice and this Agreement shall be terminated automatically if:
(a) Contractor's collection or disposal service remains inoperative for any period of five or more consecutive business days.
(b) Contractor fails to submit required Franchise Fee, City Charges or Recyclables payments to City.
(c) Contractor (i) becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property, or (ii) being or becoming a party to a voluntary or involuntary bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding instituted by or against the Contractor under the laws of any jurisdiction, which proceeding, if involuntary in nature, has not been dismissed within sixty days, or (iii) taking any action approving of, consenting to, or acquiescing in, any such proceeding, or (iv) being a party to the levy of any distress, execution or attachment upon the property of the Contractor which shall substantially interfere with the Contractor's performance hereunder. In the event of the Contractor being or becoming insolvent or bankrupt, the Contractor shall (1) assume or reject this Agreement within sixty days after the order for relief; (2) promptly cure any failure to perform its obligations or any event of default arising under this Agreement for reasons other than the event set forth in this paragraph, (3) provide adequate assurance of future performance under this Agreement under 11 USC Section 365(b)(I)(c), or any successor provision of the Federal Bankruptcy Code. The foregoing provisions shall not prevent the City from requesting such other conditions to assumption of this Agreement, as it deems reasonable and necessary; and (iv) Contractor concludes any other transfer of this Agreement except as authorized by Article M of this Agreement.

23 (d) Contractor fails to perform any material condition, covenant or performance requirement in the Agreement, as established by the City Council findings of fact and a decision supported thereby.

2. Duties Upon Termination. In the event of termination of this Agreement or any reason, Contractor shall:
(a) Within thirty days of written notice from City, cease all operations hereunder, and;
(b) Immediately cause all business records, customer lists, addresses, billing data, and other pertinent operating information to be transferred to City, and (c) Immediately pay all amount of fees (including attorneys’ fees and court costs) which may be owing and appoint City or any of its officers as its attorney-in-fact to execute all instruments and to do all things necessary to accomplish the operations of Contractor on behalf of the public; and
(d) Permit City to provide all services by any means available to City. In such event or if Contractor otherwise suspends operations, City shall also have the right to the use and possession of all items of operating equipment used in the business of Contractor within the Service Area for the purpose of providing service. This provision shall be in addition to any other remedies available to City at law or in equity to compensate it for losses caused by Contractor's breach or to compel compliance with this Agreement. In such event, City shall hold harmless, indemnify, and defend Contractor from any liability proximately caused by City's use and operation of such equipment and shall provide liability insurance coverage satisfactory to Contractor in the reasonable exercise of its discretion.
(e) Notwithstanding the foregoing, and at City's sole election, in the event of termination of this Agreement, Contractor shall provide all services pursuant to this Agreement for a period of three months following the effective date of termination, or for a lesser period as determined by City.

3. Waiver. The waiver of any default or defaults shall not operate as a waiver of any successive defaults and all rights of the City on default by Contractor shall continue, notwithstanding one or more waivers.

4. System and Services Review. To provide for technological, economic, and regulatory changes in Solid Waste collection, to facilitate recycling programs, to promote competition in the Solid Waste industry, and to achieve a continuing, advanced Solid Waste collection system, the following system and services review procedures are hereby established:
(a) Public Hearing. At City's sole option, City may hold a public hearing on or about the first anniversary date of the Agreement to review Contractor's collection systems and services. Subsequent system and services review hearings may be scheduled each two (2) years thereafter.
(b) Contractor's Report. Sixty days after receiving notice from the City, Contractor shall submit a report to City indicating the following:

24 (1) Performance of all Solid Waste collection and services provided by Contractor.
(2) Changes recommended to improve the City's ability to meet the goals of AB939.
(3) Any specific plans for provisions of such new services by the Contractor along with the estimated expenses and adjustments to rates necessary to compensate Contractor for providing such services.
(c) Services Review Topics. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, Customer complaints, rights of privacy, amendments to the Agreement, developments in the law, and new initiatives for meeting or exceeding AB 939's goals and regulatory constraints.

ARTICLE M. ASSIGNMENT.

1. Right of Assignment. Neither this Agreement, nor any rights, privileges or duties hereunder, shall be assignable or transferable in whole or in part by the Contractor by stock transfer, formation of a new partnership, corporation or entity or any other conveyance mechanism without prior written approval by City Council resolution after the following findings of fact:
(a) Capacity of the proposed assignee as to financial competency, performance and service. record and equipment inventory;
(b) Guarantee of performance by assignee based upon financial security and insurance and bonding capability;
An assignment or transfer under this section shall not include a transaction(s) with an Affiliate of Contractor. Nor shall an assignment or transfer under this section include any transfer to an inter vivos or testamentary trust for estate planning purposes.

City may not unreasonably withhold approval of assignment or transfer under this Article.

2. Transfer Fee. Any application for a Franchise transfer shall be made in a manner prescribed by the City Manager or his/her successor. The application shall include a transfer fee in an amount determined by the City Manager to cover the anticipated cost of all direct administrative expenses: including consultants and attorneys necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses.

3. Non-recoverable Costs. These Franchise transfer fees are over and above any Franchise Fees specified in this Agreement and shall not be recoverable costs for rate setting purposes.

ARTICLE N. LIABILITY FOR BREACH.

1. In the event of any defaults on the part of Contractor, City may elect to permit Contractor to cure and correct the same pursuant to a written notice from City specifying the nature of the default, the time within which to cure and any procedures required. Upon receipt of any such notice to cure a default, Contractor shall pay to City all damages, costs and expenses, including reasonable attorney's fees incurred by City as a result of the default.

25 2. In the event that the Contractor fails to perform fully any of the Contractor's obligations under this Agreement, other than due to an Uncontrollable Circumstance, the Contractor shall be in breach of this Agreement. Upon delivery of written notice to the Contractor, the City may impose the following liquidated damages upon the Contractor, in addition to any other available remedies the City may have.
(a) Failure to correct a missed pickup within the specified times, which exceeds five such failures annually: $25.00 per occurrence; each additional 24-hour working day period:
$100.00.
(b) Failure to provide Carts, or Bins within seven days of the Customer's request for service, which exceeds five such failures annually: $100.00 per day starting on day 8. (c) Failure to deliver collected Solid Waste to the Designated Disposal Facility, which exceeds five (5) such failures annually: $1,000 per incident. (d) Failure to repair or replace any Cart or Bin, when so required by this Agreement, which exceeds five such failures annually: $25.00 per occurrence. (e) Undertaking collection operations during hours outside of allowable collection hours, which exceeds five such failures annually: $25 per incident. (f) Failure to clean up spillage or litter during Franchise collection activity, which exceeds five such failures annually: $25.00 per occurrence. (g) Failure to take commercially reasonable steps to resolve legitimate billing complaint within seven working days from the complaint: $100.00 per occurrence. (h) Failure to tag materials not collected due to contamination or inappropriately setout, which exceeds five such failures annually: $25.00 per occurrence. (i) Failure to maintain or submit documents and reports as required under the terms of this Agreement after ten days' notice: $100.00 per incident per day.

3. Liquidated damages will only be assessed after Contractor has been given the opportunity but failed to rectify, in a timely manner, the breach as described in this Agreement.

Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so.

The notice will include a brief description of the incident(s)/non-performance. Contractor may review (and make copies at its own expense) all information in the possession of the City relating to incident(s)/non-performance. Contractor may, within five days after receiving the notice, request a meeting with the City. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages.

ARTICLE O. NOTICES
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery when delivered personally to the parties as specified below or three days following the date deposited in the United

26 States mail. All notices or other communications sent by mail shall be sent postage prepaid by certified first class mail, return receipt requested, to the address specified below:

If to the City, address to:

Carl P. Simpson, City Manager
City of Jackson
33 Broadway
Jackson, CA 95642
If to the Contractor address to:

Paul Molinelli, Sr.

ACES Waste Services, Inc.
6500 Buena Vista Road
Ione, CA 95640
ARTICLE P. SEVERABILITY.

Each article, part, term and provision of this Agreement shall be considered severable. If for any reason any article, part, term or provision herein is determined to be invalid and contrary to or in conflict with any existing or future law or regulation of a court or agency having valid jurisdiction, such determination shall not impair the operation or affect the remaining portions, articles, parts, terms or provisions of this Agreement and the latter will continue to be given full force and effect and bind the parties hereto. The invalid article, part, term or provision shall be deemed not to be a part of this Agreement.

ARTICLE Q. ENTIRE AGREEMENT.

This Agreement and the documents and applicable state and local laws referred to herein shall be the entire, full, and complete agreement between the parties and shall supersede to obligate the Contractor to perform accordingly hereunder.

1. Force Majeure. Contractor shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Contractor are temporarily interrupted or discontinued for reasons outside the reasonable control of the Contractor, including but not limited to riots, wars, sabotage, civil disturbance, insurrection, explosions, health pandemics, natural disasters such as floods, fires, earthquakes, disturbances, excessive snow, acts of God, or other similar or dissimilar events which are beyond the reasonable control of Contractor. Other events do not include the financial inability of the Contractor to perform or the failure of the Contractor to obtain any necessary permits or licenses from other governmental agencies of the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Contractor.

2. Independent Contractor. Contractor is an independent contractor and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, grantees, and subgrantees, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and

27 Contractor. Neither Contractor nor its officers, employees, agents or subgrantees shall obtain any rights to retirement or other benefits which accrue to City's employees.

3. Right of Entry. Contractor shall have the right, until receipt of written notice revoking permission to pass is delivered to Contractor, to enter or drive on any private street, court, place, easement or other private property for the purpose of collecting or transporting Solid Waste pursuant to this Agreement.

4. Law to Govern: Venue. The law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Amador.

5. Successors and Assigns. Subject to the other terms and conditions herein, this Agreement shall be binding upon and inure to the benefit of the respective successors, permitted assigns, administrators and trustees of the City and Contractor.

6. Fees and Assigns. Contractor shall not, nor shall it permit any agent, employee or sub-grantee employed by it to request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement.

7. Entire Agreements and Amendment. No amendment of this Agreement shall be valid unless in writing duly executed by the Parties. This Agreement contains the entire Agreement between the Parties and no promises, representations, warranty or covenant not included in this Agreement have been or are relied upon by either party. This Agreement is intended to supersede and replace all prior agreements between the parties, including, but not limited to the Existing Franchise.

8. Compliance with Agreement. Contractor shall comply with those provisions of the City Code which are applicable, and with any and all amendments to such applicable provisions during the term of this Agreement, provided that such provisions are not inconsistent with the terms of this Agreement.

9. Police Powers. Nothing in this Agreement is intended to or may limit City's authority pursuant to its police powers.

10. Exhibits Incorporated. Exhibits are attached to and incorporated in this Agreement by reference.

11. Joint Drafting. This Agreement was drafted jointly by the parties to the Agreement, therefor no presumption shall arise from the identity of the drafter.

12. Judicial Review. Nothing in this Agreement shall be construed to prevent either party from seeking redress to the courts for the purposes of legal review of administrative proceedings in regard to rate setting or City's actions taken pursuant to this Agreement, or for the purpose of interpreting or enforcing the provisions contained in this Agreement. Provided, however, that prior to the institution of any such judicial proceedings the parties shall first meet and confer informally in order to resolve any such dispute. The parties may utilize the services of a mutually acceptable mediator for purposes of dispute resolution. In that event, each party shall pay for the costs of one-half of the mediation.

28 13. Attorneys' Fees. In the event of any action or litigation to enforce this Agreement, for interpretation or construction of this Agreement, or on account of any default under or breach of this Agreement, the nonprevailing party to such action, arbitration or litigation covenants and agrees to pay to the prevailing Party therein, in addition to all other relief, all costs and expenses, expressly including, but not limited to, reasonable attorneys' fees incurred by such prevailing party in connection with such action or litigation, including, but not limited to, any appeal thereof, which costs, expenses and attorneys' fees shall be included in and as a part of any judgment rendered in such action or litigation.

ARTICLE R. COMPLIANCE WITH HAZARDOUS WASTE LAWS
Contractor shall comply with all Applicable Law related to the collection, disposal, handling and processing of Hazardous Waste and shall not collect, dispose, handle or process Hazardous Waste except to the extent permitted in this Agreement, if at all. The Contractor shall indemnify, defend with counsel acceptable to the City, protect and hold harmless the City, its officers, officials, employees, agents, assigns and any successor or successors to the City's interest from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages), injuries, response mediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and attorneys’ and expert fees for the adverse party and expenses (including but not limited to attorney's and expert witness fees and costs incurred in connection with defending against any of the forgoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, officials, employees, or agents arising from or attributable to the negligence or willful misconduct of Contractor in handling Hazardous Waste either knowingly or under circumstances in which a reasonable person would or should have known that Hazardous Waste was being handled. The foregoing indemnity is also intended to operate as an Agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(c) and California Health and Safety Code Section 25364, to defend, insure, protect, hold harmless and indemnify the City from liability. The foregoing indemnity shall survive the termination or expiration of this Agreement.

AGREED AND ACCEPTED:

CITY OF JACKSON CONTRACTOR
By: _____________________________ By: _____________________________ Name: Carl P. Simpson Name: Paul Molinelli Sr.

Title: City Manager Title: CEO/President

APPROVED AS TO FORM
By: _____________________________
Name: Joshua Nelson
Title: City Attorney

29 ATTACHMENTS:

Attachment 1 Copies of current certificates of insurance, policy endorsements Attachment 2 List of Current Services, Rates, and Special Charges Attachment 3 Equipment List
Attachment 4 Contingency Plan
Attachment 5 City Collection Locations and Frequencies

#1302
4l_City of Jackson Projects - Status Memo 2024-05-21.doc

CITY OF JACKSON

MEMORANDUM
TO: Carl Simpson, City Manager
FROM: Matt Ospital, City Engineer
RE: Project Status Update
DATE: May 21, 2024
The following is a status of projects WGA is currently working on:

1. French Bar Bridge Replacement Project – Closeout paperwork with the Contractor is completed. Project will be coming to Council for final acceptance.

2. Pitt Street Bridge Replacement Project – Caltrans rejected previous hydraulics studies by subconsultant Watson Clifford. WGA is working with new hydraulics consultant Avila and Associates to satisfy Caltrans. Also working with right of way consultant to complete right of way acquisition. Construction is anticipated in 2025 depending on construction funding availability.

3. South Avenue Bridge Replacement Project – WGA is awaiting Caltrans approval of the bride type selection report. Upon review of the bridge type selection report, Caltrans requested a better hydraulics solution that will benefit both the City and Caltrans. WGA is working with Avila and Associates to satisfy Caltrans.

Construction is anticipated in 2026 depending on construction funding availability.

4. Street Light Grant (Hwy 49) – Bids were received on 4/3/2024. WGA is working with City Manager/Caltrans for funding. Construction is anticipated in 2024.

5. Sutter Street Extension Project – No updates.

6. Sewer Grant – A State Revolving Fund plan of study and application has been submitted to the State, seeking a planning grant application to study future improvements to the collection system and at the WWTP. State has notified us that with the current budget cuts, there is no funding available at this time. Project is in the system, and City will be notified as funding becomes available.

7. Sutter Street Drainage Project – DTSC has informed us that the construction of the new pipeline will be starting May 28th with contractor mobilization.

8. Pine Street Sewer Replacement Project – Project is currently out to bid.

9. Buena Vista Waterline Replacement Project – Topographic mapping is completed.

WGA is working with City on project plans & specifications.

Item 3k

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF JACKSON
AND GALLAGHER BENEFIT SERVICES, INC.

This Professional Services Agreement (“Agreement”) is made and entered into as of ________________, 2024 (“Effective Date”) by and between the City of Jackson, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 33 Broadway, Jackson, CA 95642 (“City”), and Gallagher Benefit Services, Inc., a Delaware corporation authorized to do business in California, with its principal place of business at 2850 West Golf Road, Rolling Meadows, IL 60008 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services to conduct a citywide compensation study (hereinafter referred to as the “Services”).

B. Consultant is duly licensed and has the necessary qualifications to provide such Services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Scope of Services. Consultant shall perform the services described in the Scope of Services on Exhibit “A” which is attached hereto and incorporated herein by reference.

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall be completed by October 31, 2024.

3. Compensation. The City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B”. Compensation to be paid to Consultant shall be no more than $36,000.00 (Thirty-Six Thousand Dollars). In no event shall Consultant's compensation exceed $36,000.00 (Thirty-Six Thousand Dollars) without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

Item 3l

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.

6. Termination. This Agreement may be terminated by the City immediately for cause. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.

7. Ownership of Documents. All final plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents, and other writings to City upon written request by City.

Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose. Consultant shall retain sole and exclusive ownership of all right, title, and interest in, and to, its intellectual property and derivatives thereof which no data or Confidential Information of the City was used to create and which was developed entirely using Consultant’s own resources, including any and all preexisting or independently developed know-how, methods, processes and other materials prepared by Consultant To the extent Consultant’s intellectual property is necessary for the City to use the deliverables provided under this Agreement, Consultant grants to the City a non-exclusive, royalty-free license to Consultant’s intellectual property solely for the City’s use of such deliverables.

8. Consultant's Books and Records.
a. Consultant and subconsultants, shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City. b. Consultant and subconsultants, shall maintain all documents and records which demonstrate performance under this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.

d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall.

Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest. Consultant may retain copies of its work product that contain Confidential Information for archival purposes or to defend its work product, and in accordance with legal disaster recovery and records retention requirements, store such copies and derivative works in an archival format (e.g. tape backups), provided that the information will remain Confidential as long as it is retained.

9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

10. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

11. Compliance with Laws. Consultant shall comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.

12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession.

13. Indemnity. Consultant shall indemnify and hold harmless City, its elected and appointed officials, officers, employees, and volunteers (collectively, “Indemnitees”) from any and all claims, demands, causes of action, suits, actions, proceedings, liability, judgments, awards, decrees, settlements, losses, costs, liabilities, expenses, damage, injury or death (collectively, “Liability”) arising directly or indirectly from or connected with the services provided under this Agreement to the extent that such Liability is caused by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subcontractors, consultants, or any person under its direction or control and shall make good to and reimburse City for any expenditures, including reasonable attorneys’ fees, and other related costs and expenses the City may incur by reason of such matters. Consultant’s

obligations under this Section shall exist regardless of concurrent negligence or willful misconduct on the part of the City or any other person; provided, however, that Consultant shall not be required to indemnify City for the proportion of Liability a court determines is attributable to the negligence or willful misconduct of the City. The City acknowledges that this indemnity does not require the Consultant to provide an up-front legal defense to the City. This indemnification clause shall survive the termination or expiration of this Agreement. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, officers, employees, agents or volunteers.

Consultant further agrees to provide, at Consultant’s expense, reasonable assistance to the City in responding to third party claims to the extent such claims implicate the quality of the Consultant’s performance under this Agreement, which assistance shall include selection, management, and compensation of expert witnesses as necessary to substantiate or defend the quality of the Consultant’s performance under this Agreement, as well as making Consultant’s employees and project work product available as reasonably necessary to assist in the defense of such claims. This shall not preclude the City from recovering its reasonable attorneys’ fees and defense costs in responding to third party claims to the extent such claims are found to have been caused by the Consultant’s negligence or willful misconduct.

14. Insurance Requirements.
a. Consultant shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at the Consultant’s own expense:
i. Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence; ii. Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place; iii. Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage;
iv. Umbrella Liability insurance providing excess coverage over all limits and coverages with limits no less than $10,000,000 per occurrence or in the aggregate;

v. Errors & Omissions Liability insurance, including extended reporting conditions of two years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate;
vi. Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense costs; and
vii. Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate; b. All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI and licensed to do business in the state of operation. Any cancelled or non-renewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to City upon request.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein.

Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certificates of insurance shall be kept on file with the City at all times during the term of this Agreement.

15. Notices. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Jackson
33 Broadway
Jackson, CA 95642
Attn: City Manager
CONSULTANT:

Gallagher Benefit Services, Inc.
2835 Seventh Street
Berkeley, CA 94710
Attn: Georg S. Krammer, Managing Director
and shall be effective upon receipt thereof.

17. Entire Agreement. This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations

with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto.

This is an integrated Agreement.

18. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

21. Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render other provisions unenforceable, invalid or illegal.

22. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Amador, State of California.

23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

24. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

25. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

26. Time of Essence. Time is of the essence for each and every provision of this Agreement.

27. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

28. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

29. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

30. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.

31. Signatory Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.
[SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF JACKSON
AND GALLAGHER BENEFIT SERVICES, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF JACKSON GALLAGHER BENEFIT SERVICES, INC.

By: ____________ By:

Carl Simpson
City Manager Its: Managing Director
Printed Name: Georg S. Krammer
ATTEST:

By:

John Georgette, City Clerk

EXHIBIT A
Scope of Services

EXHIBIT B
Schedule of Charges/Payments
Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detained progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-ofscope work being performed by Consultant.

1 BEAUTIFICATION COMMITTEE CHAIRMAN STACEY LANDRETH

MEETINGS ARE HELD THE SECOND THURSDAY OF EVERY MONTH AT NOON

MEMBERS OF THE COMMITTEE

CAROLE CHERRY, TRACY TONNESON, BRAD BARNARD, ALICIA MILLER,

REBECCA CABRAL, & ERIC BUTOW

CITY REPRESENTATIVES INVOLVED

MAYOR STEVE MCLEAN, CITY MANAGER CARL SIMPSON,

DEPUTY CITY CLERK CARLEEN KIRKPATRICK, & PUBLIC WORKS

SUPERINTENDENT BREE WILDER
2024-2025 H.J.B.A. OFFICERS

PRESIDENT TRAVIS WILLIAMS, VICE PRESIDENT MELANIE TREVASKIS,

SECRETARY STACEY LANDRETH, TREASUERER DAVE HORNER

Item 6b
2 CITY OF JACKSON COUNCIL MEETING MEMORANDUM
TUESDAY 28 MAY 2024
TO: Honorable Mayor and Members of the City Council
FROM: H.J.B.A. Beautification Committee Chair Stacey Landreth ************************************************************************* PURPOSE OF THE H.J.B.A. BEAUTIFICATION COMMITTEE: To begin revitalization, that is long overdue, for the Historical District of Jackson Main Street through Beautification eXorts.

COMMITTEE GOALS: Create an energetic, active main street for the benefits of merchants, restaurants, building owners, tourists, visitors, and locals. Involve members of the community to participate within revitalization their Historical District. Work on creating a cohesive and unified look that best represents Jackson’s rich past. Execute viable, long-lasting projects that can be enjoyed for generations to come.

PROJECT DESCRIPTION: The HJBA Beautification Committee has worked diligently to initiate improvements to the aesthetic and feel of Downtown Jackson. The current, proposed project is called Art in Public Places. This project will create photo prop opportunities for visitors and tourists. As well, will promote and reflect the history of Jackson.

SUMMARY AND DISCUSSION: HJBA Beautification Committee Members Alicia Miller, and Stacey Landreth, selected specific metal statues from the local Metal Zoo, located along State Route 49. The committee hopes to have further development of this project but will begin with the current described statues (see pages 4 and 5). The statutes are little to no maintenance, are long lasting, and appeal to the historical and visual aesthetic of Jackson’s Main Street. The statutes selected are miner/mining themed. The project is funded

3 through remaining H.J.B.A. T.O.T. funds. Installment of the statutes will be through community volunteer eXorts.

RECCOMENDATION: H.J.B.A. Beautification Committee requests permission from City Council to use 2 sites for the statutes that are city property: the Jackson Firehouse and Petkovich Park. Installation is proposed as follows— One kneeling miner and one pack mule statute in front of the Jackson Firehouse, and one large pack mule in a raised bed of Petkovich Park. See pages 4 and 5, attachments.

Installment of the statues will include, but is not limited to scraping gravel aside, digging, pouring concrete, welding rebar, filling dirt, and adding gravel. A licensed contractor will supervise and execute the installment. Volunteer contractors available are Phillip Giurlani (209)217-7144 and/or John Haedrich (209)607-2838. Volunteer Welders available are Tom Oneto (209)765-6392 and/or Drew Dorris (209)304- 4577. Scheduling installment is dependent upon the City Council’s approval of the project. If approved, Stacey Landreth H.J.B.A.

Beautification Chairman, will be responsible for submitting the installment work schedule to the Mayor Steve McLean, City Manager Carl Simpson, and Public Works Superintendent Bree Wilder.

CONCLUSION:

The members of the H.J.B.A. Beautification Committee hopes that this will be the first of many more proposals to present to City Council. *************************************************************************

4 Attachments:

Kneeling Miner and his Mule.

Both are approximately 4ft high
Mule in one of the planters at Petkovich Park.

Very Large. Approx. 6 ft tall

5 Photos of the Miners and Mules.

City of Jackson
Council Meeting Memorandum
Tuesday, May 28, 2024 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Carleen Kirkpatrick, Deputy City Clerk
Date Submitted: May 10, 2024
Agenda Item #6c: Planning Commission term expirations
______________________________________________________________________________ Recommendation:

That the City Council re-appoint the incumbents on the Planning Commission for another twoyear term.

Discussion:
1) Planning Commission: A five-member commission, terms are two (2) years. Three (3) seats expiring June 30, 2024. They are Commissioner Debby Collins, Jim Guidi, and Lana Vukovich. All three (3) incumbents wish to maintain their seats for another term.

Staff recommends Council to reappoint all incumbents. Alternatively, Council also has the option to direct Staff to advertise for the upcoming vacancies.

Item 6c

CITY OF JACKSON
Council Meeting Memorandum
Tuesday, May 28, 2024 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Carleen Kirkpatrick, Deputy City Clerk
Date: May 14, 2024
Agenda Item #6d: Jackson Clean-Up Program
RECOMMENDATION:

Approve formation of a Jackson clean-up program, assign Deputy City Clerk Carleen Kirkpatrick as the program coordinator, approve the “Waiver, Release of Liability, and Assumption of Risk Agreement” for volunteers, and select a name for the program.

DISCUSSION:

The City of Jackson receives a number of complaints each year for overgrown weeds, trees, accumulated junk/rubbish, excess outside storage and other issues which are a blight on our community and neighborhoods. The City’s municipal nuisance codes provide city officials the legal authority to require violations to be corrected by the property owners. Usually, property owners are receptive and clean up violations on their own with just a little nudge from the City.

However, from time to time we encounter elderly and/or disabled residents who are unable to complete the work on their own and/or lack the financial capability to hire help.

Last summer, the City was contacted by a representative of the St. Katharine Drexel Parish, seeking to conduct a one-day community clean-up project in Jackson. They requested our assistance to find a clean-up location where their services could be best utilized. This inquiry sparked my interest in establishing a program to help connect local organizations with Jackson residents in need of a helping hand to clean up their property. We would like to help coordinate connections between volunteer organizations and residents who either have open code violations or are proactively identified as needing assistance. The City website, Facebook, and email can be utilized to recruit non-profit organizations and individuals interested in volunteering for community clean-up. We will maintain an ongoing list of volunteers to send invites to clean-up events, allowing volunteers the option to RSVP when they are available and wish to participate without any pressure.

Item 6d
Our NCCSIF insurance agent has advised the City of Jackson cannot be held liable for simply helping to make a connection between a non-profit group and individuals receiving assistance.

However, they encourage us to have a good comfort level in recommending volunteer groups and provided us with the necessary waiver and release. Deputy City Clerk Carleen Kirkpatrick has volunteered to be the coordinator of this program, tasked with organizing, advertising, identifying, and connecting Jackson residents and community groups interested in helping to keep our city beautiful.

As the City Council regularly participates and facilitates beautification efforts in the City, staff is extending the offer to Council to select the name of this new program. Some suggestions are listed below for your consideration:

Stay Golden Jackson
Jackson Pride Connection
Keep Jackson Beautiful
Clean Jackson Crew

“Preserving Our Past, Enriching Our Present, Building Our Future” 33 Broadway, Jackson, CA 95642-2301
(209) 223-1646 / Fax (209) 223-3141
e-mail: [email protected]
Mayor: Steve McLean • Vice Mayor: Chad Simmons • Councilmembers: Max Godde • Connie Gonsalves • Bob Stimpson City Manager: Carl P. Simpson • City Attorney: Joshua Nelson Waiver, Release of Liability, and Assumption of Risk Agreement Activity: STAY GOLDEN JACKSON
Name: ________________________________________________________________________ Phone Number: __________________ Address: _________________________________ Location Volunteers’ Work Performed: [INSERT PROJECT LOCATION.] I knowingly agree to participate as a volunteer without compensation of any kind in the STAY GOLDEN JACKSON clean-up event (the “Activity”) in and around [INSERT PROJECT ADDRESS / LOCATION] in Jackson, California. The Activity may include, but is not limited to: removal of vegetation by hand and/or machinery, strenuous manual labor, and use of dangerous tools, as further described in the Scope of Work attached hereto and incorporated herein as Exhibit A. I understand and acknowledge that participating in the Activity is an inherently dangerous activity for which I knowingly assume the risk of all accidents, property damage, personal injury, or even death in connection therewith.

I acknowledge that participating in the Activity may also include activities in and around real property owned or controlled by the City of Jackson (“City”) and/or privately owned Jackson residences. Such activities may include, but are not limited to: observing, walking around, climbing, carrying, crawling, crouching, using tools and or equipment, inhaling the air around me, handling/touching dirt/weeds/trash, intermingling/interacting with other participants, encountering motorized equipment/vehicles, and encountering pests/rodents/animals, and handling/encountering/exposure to hazardous materials. I acknowledge these activities may involve inherent danger of injury to my person or property.

I assert that I am in sufficiently sound health to participate in the Activity and agree not to participate if I am feeling unwell or otherwise physically unsound.

In consideration of the City’s acceptance of my participation in the Activity, I, for myself, my heirs, executors, and assigns (“I” or “me”), voluntarily and knowingly release, waive, and discharge the City, its officers, employees, agents, contractors, and volunteers, from and against any and all claims, demands, actions, judgments, and executions I may have or which my heirs, executors, or assigns may have against the City, for all personal and property injuries caused by, in connection with, or arising out of participating in the Activity, including, but not limited to, death, personal injury, bodily injury, property damage, emotional distress, consequential damages, and any other liabilities.

I further agree to indemnify and hold harmless, and when the City requests, with respect to a claim, provide a deposit for the defense of, and defend the City, its officers, employees, agents, contractors, and volunteers, from any claim, loss, liability, or action of any kind or nature for damages, consequential or otherwise, including expenses and costs, which arise from my participation in the Activity, even though such may arise out of negligence or carelessness by the City, its officers, employees, agents, contractors, and volunteers.

I voluntarily execute this Waiver, Release of Liability, and Assumption of Risk Agreement and agree that I will make no attempt to hold the above-named parties liable for any injury and or loss of property incurred because of my participation in the Activity.
______________________________ ______________________________ ___________

SIGNATURE PRINTED NAME DATE

City of Jackson
Council Meeting Memorandum
Tuesday, May 28, 2024 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Erin Ventura, Contract City Planner
Via: Carl Simpson, City Manager
Date: May 6, 2024
Agenda Item #6e: Façade Improvement Program Application – Up Country Pools- 100 Highway 49
Recommendation:

It is recommended that the City Council consider a request to grant Façade Improvement Program funds to Gwen and Erik Christeson for tile repair work at The Estate Planning Law Center located at 159 Main Street.

Background and Discussion:

In 2010 the City Council established the Façade Improvement Program designed to assist business owners in improving the appearance of commercial building facades, signs and awnings in the City. Applicants can apply for up to $2,500 in matching City funds to assist in façade improvements.

Gwen and Erik Christeson have requested Façade Improvement Program funds of $2,500 to cover approximately 39% of the cost to repair the tile on the front façade of the building. The tile will match the existing tile on the building. (see attached application).

Staff is recommending that the City Council award $2,500 in Façade Grant Improvement Program funds to Jackson Glass.

Attachment:

Façade Grant Application – Jackson Glass
Revised December 2023
“Preserving Our Past, Enriching Our Present, Building Our Future” 33 Broadway, Jackson, CA 95642-2301
(209) 223-1646 / Fax (209) 223-3141
e-mail: [email protected]

BANNER PLACEMENT REQUEST - HISTORIC MAIN STREET
Date: __________________________________________________________________________________________________ Name: _________________________________________________________________________________________________ Address: _______________________________________________________________________________________________ Phone: __________________________________________________________________________________________________ Description of Banner (event, location): ______________________________________________________________ Requested Install and Removal Dates: ___________________________ to ______________________________ Banner Guidelines and Requirements:
• City of Jackson’s Public Works Department will do the installation/removal of banners – Fee $100. • Banner space is for local Jackson event advertisements only. • Public outreach banners for awareness, sign-ups, etc. will not be allowed. • Business advertisements are not allowed. (Reference Jackson Municipal Code 17.54.145 Signs for Business Purposes Generally)
• All banner requests are subject to approval by the City Manager and/or Public Works Superintendent. • Limit of 2 Banners up in downtown Main Street location at a time. • Maximum Banner Size: 4’ x 20’
• Banners need to have grommet holes across top of the banner and on bottom (left/right) corners. • Banners must have a minimum of two large round cut out “C” holes every two feet to lessen wind drag. • Should a banner tear, it will be taken down and returned to the responsible party. • Banners will be removed the day after the scheduled event date. • Banners need to be dropped off at City Hall one (1) week prior to install date. Fees must be paid at this time. • Banners need to be picked up at City Hall within one (1) week after removal date. • Banners can be placed for a maximum of one month (30 days). • City is not responsible for torn or damaged banners.
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