CITY OF LOYALTON COUNTY OF SIERRA 5 605 SCHOOL STREET * P.O. BOX 128 LOYALTON, CALIFORNIA 96118 (530) 993-6750 1190 & V 1 cityofloyalton.org: - OFFICE OF THEN MAYOR SOUNT. AGENDA FOR THE REGULAR MEETING OF THE LOYALTON CITY COUNCIL 6:00 P.M. = CITY HALL AUDITORIUM 605 SCHOOL STREET NOVEMBER 21, 2023 NEXT ORDINANCE #425 NEXT RESOLUTION NO. 7-2023 AGENDA & PACKET AVAILABLE ON CITY WEB SITE cityofloyalton.org Any person with a disability may submit a request for reasonable modification or accommodation to the above-described means for accessing and offering comment at the meeting to Kathy LeBlanc, City Clerk, at lofclerk-cityofloyalton@psin.com) who will swiftly resolve such request. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVALOF AGENDA 5. ANNOUNCEMENTS 6. APPROVAL OF MINUTES Regular Meeting October 17, 2023 (Attachment) Special Meeting November 6, 2023 (Attachments) 7. STAFF REPORTS 1. Letter from Loyalton Fire Department regarding fund transfer. 8. PUBLIC COMMENT This is an opportunity for members oft the public to address the Council on items which are not on the agenda. Please state your name for the record. Comments are limited to three minutes. Written comments should be submitted to the City Clerk 24 hours prior to the meeting to allow for distribution. Under Government Code Section 54954.2 - Brown Act, the Council cannot take action on any item not on the posted agenda 9. FIRE DEPARTMENT REPORT 10. FINANCIAL COMMITTEE REPORTS 1. Financial Committee Report/Update Approval of Reconciled Accounts for October 2023 (Attachment) Approval of Bill Sheet October 2023 (Attachment) Acknowledgment of Approval of Fund Transfer from General 1956 to Enterprise Loan MM 0559 not to exceed $24,000. (Attachment) 11. PUBLIC WORKS COMMITTEE REPORTSPARK AND RECREATION 12. OTHER COMMITTEE REPORTS 13. DISCUSSION AND POSSIBLE ACTION ITEMS 1. Discussion and Possible Action regarding Reaffirming our State of Emergency Water Distribution System. 2. Discussion and Possible Action regarding Town Hall Meeting on Water Distribution System. 3. Discussion and Possible Action regarding Pricing Recapitulation for surge Protector at the WWTP. 4. Discussion and Possible Action regarding purchase of duck week skimmer for the WWTP. 5. Discussion and Possible Action regarding contract with Sierra Valley Cogen LLC. 6. Discussion and Possible Action regarding annual Holiday incentives for Employee's. 14. AGENDAI INPUT FOR UPCOMING MEETINGS 15. BOARD MEMBER CLOSING REMARKS 16. ADJOURNMENT CITY OFLOYALION COUNTY OF SIERRA 5 605 SCHOOL STREET * P.O. BOX 128 LOYALTON, CALIFORNIA 96118 (530) 993-6750 1901 N A cityofloyalton.org OFFICE OF THE MAYOR SOUNTY. STATE OF CALIFORNIA, COUNTY OF SIERRA LOYALTON CITY COUNCIL * ADDEMDUM TO AGENDA* THE REGULAR MEETING CITY OF LOYALTON COUNCIL NOVEMBER 21, 2023 The following item has been added to the Loyalton City Council Agenda For the Regular Meeting of the Loyalton City Council to take place on Tuesday November 21, 2023 at 6:00 p.m. 7. Discussion and Possible action regarding heater for Loyalton Thrift Store October 17, 2023 REGULAR MEETING The Regular meeting of the Loyalton City Council was called to order by Mayor Riede on October 17, 2023, at 6:00 p.m. Loyalton City Auditorium COUNCIL MEMBERS PRESENT Mayor Riede, J. Markum, D. Gayner, B. Mertton COUNCIL MEMBERS ABSENT STAFF PRESENT City Clerk- Kathy LeBlanc GUESTS PRESENT L. Garza, J. Buck, L. Horner, N. Rogers, D. Lawler, T. Easley, L. Easley, C. Johnson, B. Pangman, R. Moore, T. Johnson, T. LeBlanc, K. Fenley, J. Cameron, S. McllIravey, J. Herod,J. Eberhart, T. Miner APPROVAL OF AGENDA It was moved by. J. Markum, seconded by B. Mertton to approve. the agenda as presented. Motion carried. ANNOUNCEMENTS 1. Councilmember Markum and Councilmember Gayner stated that they were disappointed regarding the agenda not having appointment of new councilmember. Councilmember Markum would like to set a special meeting for November 16th, 2023. 2. Councilmember Markum gave a update on the Verizon Contract. APPROVAL OF MINUTES 1. It was moved by. J. Markum, seconded by D. Gayner to approve the minutes of the Regular Meeting on September 19th, 2023. Motion carried. 2. It was moved by. J. Markum, seconded by D. Gayner to approve the minutes of the Special Meeting on September 27th, 2023. Motion carried. STAFF REPORTS/WRITTEN COMMUNICATIONS 1. It was decided by consensus that Councilmember Markum be appointed to the Solid Waste Task Force. 2. Mayor Riede addressed the council and the community of the hiring ofT Brandow. She stated that Councilmember Markun is no longer on the Finance Committee or Personnel Committee. Mayor Reide stated that she was hired based on an emergency status and will work one day a week until a permanent bookkeeper can be hired. 3. Councilmember Gayner reported on the painting of the crosswalk and stop signs. She also reported on a possible Cal-Fire Grant. 4. After a brief discussion on Sierra Valley Enterprise regarding snow removal, Councilmember Gayner will contact them, 5. It was moved by D. Gayner, seconded by B. Mertton to approve the purchase of the loader tires not to exceed $4,833.12. Motion carried. TIMED ITEM HOUSING ELEMENT Brandon Pangman Sierra County Planning Director addressed the Council on the Housing Element and gave a brief history of preparing the Housing Element. He stated that it has become more complicated than int the past years. Mr. Pangman informed the Council that Sierra County has entered into a contract with Price Consulting to prepare the Housing Element for Sierra County for the amount of $65,000. If the city decides to hire Price Consulting the price would be around $55,000. He informed the council on the options the City of Loyalton could consider. Option 1 would be to have Price Consulting prepare an RFP. Option 2 would be to do nothing and hope that the State does not fine the City. After a brief discussion it was moved by D. Gayner, seconded by B. Mertton to have Price Consulting prepare a proposal for the City of Loyalton. Motion Carried PUBLIC COMMENT 1. J. Buck inquired about credit card purchases. 2. Sue Mciravey inquired about alleys in the City of Loyalton, 3. T. LeBlanc informed the City of the Annual Christmas Tree Lighting and Spaghetti Feed for Toys for Tots at the Golden West on December 2, 2023 4. R. Moore stated that the Corner Café will also be opened that night. FIRE DEPARTMENT REPORT No Fire Department Report. FINANCIAL COMMITTEE REPORT/UPDATE Mayor Riede and Councilmember Mertton had al brief meeting for the Finance Committee, they will meet again soon. It was moved by, B. Mertton, seçonded by D. Gayner to approve the reconciled accounts for July, August, and September. Motion carried with J. Markum abstaining. It was moved by D. Gayner, seconded by B. Mertton to approve bills for September not to exceed $71,207.58. Moton carried with J. Markum abstaining. ACKNOWIEDGEMENT OF APPROVAL OF FUNDS TRANSFERS. 1. It was moved by B. Mertton, seconded by D. Gayner to approve fund transfer from General 1956 to Enterprise Loan MM 0559 not to exceed $24,000. Motion carried. PUBLIC WORKS COMMITTEE REPORTS/PARK AND RECREATION 1. Mayor Riede reported that the water and bathrooms at the park will be shut down within the next two weeks depending on the Soccer schedule. She reported that the aerators are working and the surge protector has been ordered. She also informed the council on the purchase of a skimmer for the duck weed at the WWTP she will get a proposal. Mayor Riede stated that Kenn Bennette will retake the WWTP test, but. J. Lundy is doing a great job. OTHER COMMITTEE REPORTS None DISCUSSION AND POSSIBLE ACTION ITEMS 1. Mayor Riede gave a brief update on the water distribution system, after a brief discussion It was moved by J. Markum, seconded by D. Gayner to reaffirm our State of Emergency Water Distribution System. Motion carried. (This item will be added to next agenda) 2.Councilmeber B. Mertton gave a brief report on the Town Hall meeting on October 5, 2023. He reported that the VanDaam/Belli water repair will most likely be done in the spring and he is looking into getting a grand extension for the state. Mayor Riede gave an update on the DOWL Contract. Terry LeBlanc would like to have a meeting with a councilmember: to discuss an option for the VanDaam/Belli water project. Mayor Riede stated that she is working on the easements for the project. (This item will be added to the next agenda) IMPUT FOR UPCOMING MEETINGS 1. Special Meeting for November 16th, 2023 CLOSING REMARKS None Meeting Adjourned APPROVED: Mayor Darlene Riede ATTEST: Kathy LeBlanc, City Clerk November 6th, 2023 SPECIAL MEETING The special meeting of the Loyalton City Council was called to order by Mayor Riede on November 6th, 2023, at 6:00 p.m. COUNCIL MEMBERS PRESENT Mayor D. Riede, D. Gayner, B. Mertton, J. Markum COUNCIL MEMBERS ABSENT: STAFF PRESENT Kathy LeBlanc-City Clerk GUESTS PRESENT:J. Buck, P. DeMartini, J. Herod, L. Garza APPROVAL OF AGENDA It was moved by J. Markum, seconded by D. Gayner to approve the agenda as presented. Motion carried. ANNOUNCEMENTS None STAFF REPORTS 1. Councilmember Mertton reported on the Town Hall meeting held on November 2, 2023. He stated that both Kenny and Justus attended the meeting and answered questions. 2. Mayor Riede inquired about the Fire Department fund transfers. PUBLIC COMMENT 1.J. Herod inquired about pit fires in the City of Loyalton. 2. P. DeMartini reported that there are some streetlights downtown that are not working DISCUSSION AND POSSIBLE ACTION 1. Councilmember Markum gave a brief report on the Verizon Contract. She stated that it has been approved by the City Attorney with the City of Loyalton receiving $18,000 a year with a annual increase of 2 % percent increase. The Contract will be good for 5 years with an option to renew after that. It was moved by J. Markum, seconded by B. Mertton to approve the contract with Verizon. Motion carried. 2. After a brief discussion it was moved by J. Markum, seconded by D. Gayner to approve a change to Price Consulting Contract. Motion carried. 3. It was moved by D. Gayner, seconded by B. Mertton to approve Business License for Frogs- TY. Motion carried. AGENDA IMPUT FOR UPCOMMING MEETING 1. Special Meeting for November 16th, 2023 2. Approval of Draft Audit 3. Appointment of vacant council seat. COUNCIL MEMBER CLOSING REMARKS MEETING ADJOURNED APPROVED: Mayor Darlene Riede ATTEST: Kathy LeBlanc- City Clerk wkdpelby.lonepihon From: shawn heywood <heywoodshawn@gmail.com> Sent: Friday, November 10, 2023 9:57 AM To: pdemartinid; William Mertton; Dorie Gayner; de.iede@yahoo.com; Robert DeMartini; counciwomanmarkum@gmail.com Cc: Gina; Kathy LeBlanc Subject: LVFD funds Attachments: Wildland Funds, letter of record.pdf Good morning City Council Members Last week Robert and I had the opportunity to speak with Dori and Joy regarding the money that was owed from the City to the Fire Department. Dori asked that I email all ofyou to explain this situation again. As a result of misappropriation of those funds. We have expressed our frustration with the lack of effort by the City to repay this amount, despite it being addressed many times and a failure to make the agreed upon payments. As Robert and I have mentioned, we feel stolen from. It is the City's responsibility to fund the department, which is expensive. That is why we created a system that can help assist funding for large purchases since the City cannot meet this obligation. There were. agreements in place that when payments for fires come in, they are immediately to go in the reserve fund after expenses are paid for that fire. This was not done. To boldly spend money that is not yours or you know you clearly don't possess was extremely frustrating to those of us who earned it and put the system in place. The part that was even more frustrating was the lack of effort to make it right and follow through on agreed repayment plans. To be honest these events have affected the moral of our Fire Department and many of us have questioned our volunteer status as a result. The City and surrounding community need our services, and the volunteers need to know that City will correct this situation. We are all in a similar situation, volunteering to make our community better. - ask that we work together to come up with an immediate solution to this issue. Attached is a copy of the letter acknowledging this funding error, We have a copy of this signed by the previous mayor and Fire Chiefs (this copy is not signed). Signed copies have been provided to the Council in the past discussions. I appreciate what you do for our community, thank you for your service. look forward to seeing a solution put in place in a timely manner. Thank You Shawn Heywood City of Loyalton, Fire Chief hewoditawnermalkon 530 77 2013 1 LOYALTON FIRE DEPARTMENT 210 FRONT: STREET, P.O. BOX 128, LOYALTON CA 96118-0128 (530)993-6751 Firehouse or (530)993-6750 City Hall ESCUS Emergency dial 9-1-1 E-mall:c dtypfieypahon@p.incom July 11, 2023 Letter of Record of unpaid Wildland Funds to the Fire Department Reserve Account Per the City's letter of November 15, 2022, there was to be a transfer of $177,474.71 of Wildland Funds for incident response for the fisca! year. July 1, 2021 thru June 30, 2022 to the Fire Department Reserve. Account. The Transfer never took place and due to new personnel, thet funds were erroneously spent to pay: a very large bill in full rather than the required monthly payments. After realizing the mistake, the city agreed to make every effort to make monthly transfers to the Reserve account until the $177,474.71 was paid! back in full. As of this date there have been 3 transfers in the following amounts, leaving a remaining balance of $120,000.00 due the reserve account. 11/16/22 - $27,474.71 12/21/22 $20,000.00 6/20/23 - $10,000.00 The Fire Department finds the letter of record necessary due to the nature of turnover of City Financial personnel, City Council members and fire department members. The City will continue to follow the Fire Department financial policy in effect as of 01/01/21 in which all Wildland funds are to be transferred to the reserve account after each Wildland Fire payment/check has been reconciled against the submitted expenses and personnel wages. Acknowledgment: By: Mayor City of Loyalton date By: tM k Zukes Fire Chief, City of Loyalion date oQ a - r ol L By: L 7-/1-33 Assistant Fire Chief, City of Loyalton date REXMOORE : November 10, 2023 Attn: Justus Lundy Loyalton Waste Water 406 Poole Ln Loyalton, CA 96118 RE: Electrical Repairs We are pleased to submit our proposal, in the amount recapitulated below to provide the electrical work, based on standard Rex Moore Wages and Rates, for the above referenced project. We have based our proposal upon the Site Visit. Our scope of work and pricing are as follows: Pricing Recapitulation $11,241.00 SCOPE OF WORK: Install (1) Surge Protection device (previously quoted Device only) Provide and install (1) new timing relay IDERTEBIAF20 Provide and install (1) new motor starter with overload SIE4DUD32AF Provide and install (1) new UPS APCSMT1500CNC CLARIFICATIONS: 1. Our bid is based upon the incorporation of this qualification letter in its entirety into the Subcontract Agreement, should it be awarded 2. Our base bid price is for normal duration schedule of work, not accelerated schedule. 3. Our clarifications, inclusions, and exclusions shall be incorporated into the final contract. 4. This proposal does not include programing or controls. 5. This proposal assumes the use of existing wiring and circuitry. 6. Please advise us if prevailing wage is required for this project as it is not included in this proposal. 7. Purchase of Surge Protection device is not included in this proposal as it was provided in a previous proposal. 8. This proposal expires in 30 days. We exclude the following: 1. Permit 2. Engineering 3. Prevailing wage 4. Any labor or materials not in scope 5. New wiring or circuits 6. New disconnects 7. Low voltage wiring 8. Programing 9. controls We thank you for the opportunity to present this proposal and stand ready to proceed at your notification. If you have any questions please do not hesitate to call me at 775-622-5010 Very truly yours, REX MOORE ELECTRICAL CONTRACTORS & ENGINEERS yandel Ryan Leal Sierra Nevada Service Manager REX MOORE ELECTRICAL CONTRACTORS & ENGINEERS 7:18 ProSkim Howl It Worke Leasing Purchasing About Resources Contact Contact a representative Purchasing to) learn more * Pond maintenance made simple (203) 672-2258 When you own the ProSkimmer: System, youll get ther maximum enjoyment out of your pond, with the mmmum effor!! Whether youre al homeowner withap pond or lake on your property, thes caretaker ofa golfo course. or the owner of a commercial property. thel ProSkimmer System isan investment that will pay for itself. 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The Laurel Rock Comoanv II AGREEMENT FOR ON-CALL SERVICES BY AND BETWEEN CITY OF LOYALTON AND SIERRA VALLEY ENTERPRISES, LLC Co4E70 This Agreement for On-Call Servioes ("Agreement") is made and entered into and effective December 1, 2022, by and between the City of Loyalton, a Califomia municipal corporation ("City"), and Sierra Valley Ear LLC, a California corporation with its prinoipal place of business located in Diamond Springs, Califomia ("Contractor"). City and Contractor may be referred to hereinafter individually as "Party" or collectively as the "Parties". The Parties enter into this Agreement with respect to the following: RECITALS WHEREAS, City is in need of various services on an as-needed, on-demand and on-call basis, often times on very short notice, and such services include, but are not limited to, mow removal services, skilled operator services to operate heavy equipment, mechanic services for the repair and maintenance ofheavy equipment and services by other skilled labor, such as cloctricians ("On-Call Services"). WHEREAS, Contractor desires to provide the On-Call Services to the City and that it is experienoed in providing the On-Call Services and has the persomel and equipment represents with which to provide the On-Call Services. WHEREAS, the Parties wish to enter into this Agreement to document the terms and conditions pursuant to which Contractor will provide On-Call Services to the City. NOW, THEREFORE, iti is hereby agreed by and between the Parties hereto as follows: I. Scope of Work: Contractor agrees to furish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide the On-Call Services described herein. The On-Call Servioes are more particularly described in Exhibits "A" attached hereto and incorporated berein by reference. All On-Call Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and foderal laws, rules and regulations. 2. Term: The term oft this Agreement shall be for a period of one (1); year beginning on August 1, 2022, and ending on July 31, 2023, unless terminated sooner as provided herein. This Agreement shall automatically renew for periods of one (1) year, unless it has been terminated as provided herein. Either Party may terminate this Agreement by providing the other Party written notice to the other Party of such termination, and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination 3. Compensation and Reimbursment of Expenass: Contrector shall receive compensation, including authorizod reimbursements, for all On-Call Services provided under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. In no instance will City be liable for any payments or costs for any umauthorized or ineligible costs. Contractor shall not be reimbursed for any expenses unless authorized in advance in City, or included in Exhibit "B" oft this Agreement. writing by 4. Payment: Contractor shall submit to City monthly invoices which state in detail all On-Call Services provided during the previous month, including tho date, service nature ofthe On-Call Services provided, hours during which On-Call Servioes were provided, provider, used to provide the On-Call Services and reimbursable expenses. City shall, within equipment of receiving such invoice, review the invoice and pay all non-disputed and thirty (30) days thereon. If the City disputes any of Contractor's foos, the City shall approved written charges Contractor within thirty (30) days of receipt of an invoice of any disputed foes give set forth therein notice to 5. Reconds: Contractor shall maintain complete and accurate reoords with to costs and expenses incurred under this Agroement. All such records shall be respect all Contractor shall allow a representative of City during normal business hours clearly to identifiable. and make transcripts or copies of such records and any other documents created examine, pursuant to audit, this Agreement. Contractor shall allow inspection of all work, data, documents, and activities related to the Agreement for a period of three (3) years from the date procoedings, of final under this Agreement. payment 6. Compliences with Laws: Contractor shall comply with all federal, state and local laws, codes, ordinances, rules and regulations applicable in performing his Agreement. Contractor shall keep itself fully informed of and in compliance with all federal, state and local rules regulations in any manner affecting the performance of the On-Call Services, laws, and Cal/OSHA requirements, and shall glve all notices required by law. Contraotor shall including all all violations ofs such laws and regulations in oomection with Servioes. IfContractor be liable for work knowing it to be contrary to such laws, rules and regulations, Contractor shall performs be any responsible for all costs arising therefrom solely 7. Standand lofCare: Contractor shall perform all On-Call Servioes under this in a skillful and compotent manner, Contractor warrants that all employees and Agreement shall have sufficient skill and experience to perform the On-Call Servioes assigned suboontractors to them. Finally, Contractor represents that it, its employees and suboontraotors have all qualifications and approvals of whatever nature that are legally required to perform licenses, the permits, Services, and that such licenses and approvals shall be maintained throughout the term On-Call of this Agreement, Contractor shall perform, ati tits own cost and expense and without the City, any services necessary to correct errors or omissions which are caused reimbursement: by the Contraotor's from fallure to comply with the standard of care provided for herein, Any employee oft the Contractor or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or property, or any employee who fails or refuses to perform the On-Call Services in a manner acceptable to the City, shall be promptly removed from the provision of Services by the Contractor and shall not be re-employed to perform any of the Services. 8. Preservation of Property and Responsibility for Damage: a. Contractor shall exercise due care to avoid damage to existing travel lanes, parking areas, legally parked vehicles, facilities and adjacent property. If such objects are damaged by reason oft the Contractor's megligenoe, they shall be replaoed or restored at Contractor's expense. Contractor shall notify the City ofcarsi illegally parked or blocking the movement of snow removal vehicles. City will endeavor to cause such vehicles to be towed away. b. Contractor shall repair al! damage resulting from Contractor's sow removal work within a two-week period after written notification by the City, An extension of time may be approved in exoess oft thet two-week period if requested in writing by Contractor. The request shall state the reasons and period of time for the request. No additional repair work to roadway facilities shall be required of Contractor other than that shown in the final inspection. Any work not completed by Contractor within the designated time period may be done by the City and tho cost deducted from monies due Contractor. C. Nothing herein shall be construed to relieve Contractor of responsibility for to private improvements, facilities, and vehicles. damage 9. Independent Contrastor: Contractor, and the agents and employoes of the in the performance of this Agreement, will act as and be independent contractors and not Contractor, officers or employees or agents ofCity. Contractor, its officers, employees, agents, and subcontractors, if any, will have no power to bind or commit City to any decision or course of action, and will not represent to any person or business that they have such power. Contractor has and will retain the right to exercise full control of the supervision of the work and over the employment, direction, compensation and discharge of all persons assisting Contractor in the performance of the Project funded by this Agreement. 10. Indemnity: To the fullest extent permitted by law, Contractor shall and hold harmless City, and its directors, officers, agents, employees and volunteers indemnify, (collectively defend, the "Indemnitees") from and against any and all actions, claims, demands, losses, costs, expenses, including reasonable attorneys' fees and costs, damages, and Habilities (collectively "Losses") arising out of or in any way connected with the performance of this Agrocment, excepting only Losses caused by the sole, active negligenoe or willful misoondust of an Indemnitee. Contractor shall pay all costs and expenses that may be incurred by in this indemnity, including reasonable attorneys' foos. If any judgment is rendered City enforoing or all of the Indemnitees for any injury, death or damage caused by Contractor as a result against of any work performed or completed, pursuant to this Agreement, Contractor shall, at its own and discharge any judgment. The provisions of this section shall survive expense, the satisfy termination, or assignment of this Agreement. expiration, 11. Insurance) Requirements: During the term of this Agroement Contractor shall provide insurance consistent with the following provisions that provides insurance for the City, its directors, officers, members, agents, employees and volunteers. a. Full Workers' Compensation and Employers' Liability Insurance covering all employees of Subrecipient as required by law in the State of California, b. Commercial General Liability Insurance of not less than $1,000,000 combined single limit per oocurrence for bodily injury and property damage and a $2,000,000 aggregate limit. C. Automobile Liability Insurance of not less than $1,000,000 is required in the event motor vehicles are used by Subrecipient in performance of the Agreement. e. Contractor shall furnish a certificate of insurance and/or endorsements to the policies satisfactory to City as evidence that the insurance required above is being maintained. f. Contractor agroes that the insurance roquired herein shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the torm ofthis Agroement, Contractor agrees to provide at least thity (30) to days prior said expiration date, a new certificate ofinsurance and lor endorsement to the policy evidencing insurance coverage as provided for herein for not less than the remainder oft term ofthe Agreement. B. Contrector's insurance coverage shall be primary insurance in respect to City, and its directors, offioers, agents, employees and volunteers. Any insurance or self-insurance maintained by City or its directors, offioers, agents, employees and volunteers, shall be in excess of Contrector's insurance and shall not contribute with it. h. Contractor's obligations shall not bo limited by the foregoing insurance requirements and shall survive the expiration of this Agreement. 12. Termination: a. Either Party may terminate this Agreement for any reason, with or without cause, at any time, by giving the other Party thirty (30) days written notice b. Either Party may, by written notice to the other Party, terminate the whole or any part of this Agreement at any time due to the other Party's material breach of any provision hereof, by giving written notice to the other Party of such termination, and specifying the effective date thereof, at least seven (7) days before tho effective date of such termination. C. Notioe of termination will be deemed served and effoctive for all purposes on the date it is deposited in the U.S. mail, oertified, return receipt requested, addressed to the other party at the address indicated in Section 13 below. d. Upon termination, Contractor shall be compensated only for those On-Call Serviçes and reimbursable expenses which have been adequately provided to City, less any compensation to City for damages suffered as a result of Contractor's failure to comply with the terms of this Agreement, and Contractor shall be entitled to no further compensation. 13. Notice: All notices to either Party that may be required or authorized by this Agreement shall be in writing and cither deposited in the United States Mail, postage prepaid or personally delivered. The notice shall be effective upon the date of personal delivery or date of mailing. Notices regarding this Agreement shall be sent or delivered to the Contractor or City at: Contractor: Sierra Valley Enterprises, LLC 6069 Enterprise Dr. Diamond Springs, CA 95619 City: City ofl Loyalton PO Box 128 Loyalton, CA 96118 Either Party may amend its address for notice by notifying the other Party in writing. 14. Successors: This Agreement shall inure to the benefit of, and bind the parties hereto, and their successors and assigns, administrators, executors, and other representatives. 15. Assignment: This Agroement may not be assligned by Contractor without the prior written consent of City. 16. Waivers: No waiver of any breach of this Agreement will be hold to be a waiver of any prior or subsequent breach, The failure of City to enforce at any time the provisions of this Agroement or to require at any timo performance by the Contractor oft these provisions, will in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement oT the right of City to enforce these provisions. 17. Iptegration and Amendment: This is an integrated. Agreement and contalns all of the terms, conditions, understandings and promises of the Parties. The terms of this Agreement may not be modified except upon the mutual written consent of the Parties. 18. Dispute) Resolution: a. Tho Parties agree that they will attempt in good faith to resolve through negotiation any dispute, arising out of or relating to this Agreement. Bither Party may initiate negotiations providing written notice in letter form to the other side, setting forth the subject of the dispute h tho relief requested. The recipient of such notice will respond in writing within five (5) days with a detailed statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this axchange of correspondence, then representatives of each side with full settiement authority will meet at a mutually agrecable time and place, within ten (10) days of the date of the initial notice, in arder to exchange relevant information and perspectives and to attempt to resolve the dispute, Ifthe parties are unable to resolve the dispute at the meeting by negotiations, either side may then initiate mediation as set forth below. b. After engaging in negotiation as set forth in Section 18.a, sbould the dispute remain unresolved, the Parties agreo to mediato any dispute or claim arising between them out of this Agreement or any resulting transaction before resorting to arbitration or court action. Mediation fees, ifany, shall be divided equally between the Parties. If any Party commences an arbitration or court action without first attempting to resolve the matter through mediation, then that Party shall not be entitled to recover attorey foes, even if they would otherwise be available to that Party, 19. Costs and Attorneys' Fess: If either Party commences any legal action against the other Party arising out of this Agreement or the performence theroof, the prevailing Party in such action may recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and reasonable attorneys' fees. 20. Goveming Law and Choice of Forum: This Agreement will be administered and Interpreted under Califoria law as if written by both Parties. Any litigation arising from this Agreement will be brought in the Superior Court of and for the County of Sierra, State of California. 21. Severability: Ifany term or provision of this Agreement or the application thereof to any person or circumstance will, to any extent, be invalid or unenforocable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is invalid or unenforceable, will not be affected thereby, and each torm and provision of this Agreement will be valid and will be enforced to the fullest extent permitted by law, unless the exclusion of such term or provision, or the application of such temm or provision, would result in such a material change so as to cause completion of the obligations contemplated herein to be unreasonable. 222. Authority: Each person signing this Agreement on behalf of a Party hereby certifies, represents, and warrants that he or she has the anthority to bind that Party to the terms and conditions of this Agreement. 23. Counterparts: This Agroement may be executed in multiple counterparts, each of which will constitute an original, and all of which taken together will constitute one and the same instrument. Documents executed, scanned, and transmitted electronically and electronic signatures shall be deemed original signatures for purposes of this Agreement and all matters related thereto, with such scanned and electronic signatures having the same! legal offect as original signatures. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on behalf oft the persons duly authorized by the governing boards of the Parties hereto. CITY OF LOYALTON SIERRA VALLEY ENTERPRISES, LLC Ruhlhikanubis 0B3 Veloas Sarah Jackson, Mlyor Tom Beam, President EXHIBIT "A" ON-CALL SERVICES AND COMPENSATION AND REIMBURSEABLE EXPENSESD 1. Snow Removal a. Contractor to provide snow removal on an "on-call" basis. No minimum or maximum number of hours or compensation. Contractor will receive compensation for snow removal operations at the rate of $160/hour with a 4 hour minimum, which includes operator, equipment, fuel, insurance, maintenance, repair and all other expenses. Contractor will be responsible for any damages caused to City or private property as a result of Contractor's negligence. b. Contractor' s plowing responsibility includes City streets and alleys and does not include parking lots, sidewalks, hand shoveling. Contractor's plowing responsibility does not include businesses, schools, or the Sierra County Sheriff Substation. C. Plowing begins at 4" inches of snow accumulation or sooner if a significant weather system is predicted. Mayor and/or Council Member assigned to Streets/Highways will be in communication with Contractor owner Tom Beam regarding plowing plans when weather reports show significant snow accumulation. d. Plowing routes will be reviewed and agreed to by Contractor and Mayor/Council Member assigned to Streets/Highways each fall and may be revised by mutual agreement of the Parties; however, Fire and EMS are prioritized, then schools, and city streets surrounding businesses and services. Fire Department, Skilled Nursing Facility, School/bus routes through City, residents identified as medically fragile with an increased likelihood of needing an ambulance response, City streets surrounding post office, gas station, grocery store, followed by the most efficient way to clear remaining streets. 2. Skilled Operator: Contractor to provide a skilled operator on an "on-cal!" basis. No minimum or maximum number of hours or compensation. Contractor will receive compensation for the services of skilled operator at the rate of $75/hour. This service will only be utilized in limited circumstances, such as when a water line breaks, and City needs a skilled backhoe operator to dig the trench to access the break. This service will only be utilized if the need exceeds the ability of City's employees to perform the work. 3. Shop / Heavy Equipment Maintenance & Repair: Contractor maintains a mechanic shop with a heavy equipment mechanic for its repair and maintenance on its heavy equipment. Contractor agrees that the City may utilize its mechanic/shop for heavy equipment repair and maintenance on an as-needed and on-call basis at rates agreed to in writing in advance of the services being provided. 4. Other Skilled Labor: Contractor employs various skilled and licensed labor (i.e.- electricians) and agrees that the City may utilize its skilled labor on an as-needed and on-call basis at rates agreed to in writing in advance of the services being provided.