CITY COUNCIL AGENDA
September 16, 2025
REGULAR SESSION • 5;30 P.M.
CLOSED SESSION FOLLOWING
ANDERSON CITY HALL
1887 Howard Street
PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.
If the subject is not on tonight's Agenda, please complete an Agenda Request Form (on Clerk's table) and present it to the City Council Clerk. You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.
The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.
The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.
In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk's office (378-6646) to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.
Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.
City Council Meeting
September 16, 2025
Page2
1.0 ROLL CALL - COUNCIL:
REGULAR SESSION - 5:30 P .M.
Councilmember Simmons
Councilmember Gallagher
Councilmember Hale
Vice-Mayor Gallier
Mayor Baugh
2.0 INVOCATION - Mark Lugg, Pastor Bowman Community, will give the invocation.
3.0 PLEDGE OF ALLEGIANCE - Councilmember Mike Gallagher.
4.0 STUDENT REPORTS - A representative from the teen center will give an update on current activities.
4.3 PRESENTATIONS - Beth Matsumoto, Director of Multifamily Development Rural Communities Housing Development Corporation, will give a presentation on Sunrise Cottages.
5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City's subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments?
CONSENT AGENDA
6.0 CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?
6.1 MINUTES -Approve the minutes of the regular meeting of September 2, 2025.
6.2 WARRANTS - Receive and file warrant 35596 to 35630 in the amount of $228,752.30; Receive and file ACH in the amount of $130,444.75; Receive and file warrant 35631 to 35683 in the amount of $130,348.21
6.9 POLICE - Enact Ordinance No. 865 adding Chapter 6.33 to the Anderson Municipal Code regulating the feeding of community /feral cats as introduced on September 2, 2025 (first reading).
END OF CONSENT CALENDAR
City Council Meeting
September 16, 2025
6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
REGULAR AGENDA
8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.
Any member of the public may request to address the Council on an item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.
CITY MANAGER
8.3 WASTE MANAGEMENT FRANCHISE AGREEMENT AND PROPOSITION 218
NOTIFICATION PROCESS FOR RATE ADJUSTMENTS
RECOMMENDED ACTION:
1. Receive a staff report;
2. Receive public comment;
3. Authorize the City Manager to execute the proposed ten-year agreement with Waste Management, Inc.; and
4. Authorize the Proposition 218 noticing process for holding a public hearing on November 18, 2025.
PUBLIC WORKS
8.9a PROFESSIONAL SERVICES AGREEMENT WITH PACE ENGINEERING FOR THE 2025
MASTER SEWER PLAN
RECOMMENDED ACTION;
1. Receive a staff report;
2. Receive public comments;
3. Authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for the 2025 Master Sewer Plan.
4. Authorize the Public Works Director to approve change orders not to exceed 20% of this amount
City Council Meeting
September 16, 2025
8.9b NO PARKING ZONE ON EMILY DRIVE
RECOMMENDED ACTION:
1. Receive a staff report;
2. Receive public comment;
3. Consider adoption of a resolution establishing a "No Parking" zone along the northerly side of Emily Drive.
11.0 COUNCIL REPORTS/COMMENTS - City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bi/11234.)
12.0 Public Comment on Closed Session ltem(s): Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.
The City council will convene to Closed Session.
CLOSED SESSION
C.S. 1 CONFERENCE WITH LABOR NEGOTIATORS (§54957.6)
- Agency designated representatives: City Manager Joey Forseth-Deshais - Employee organization: Anderson Police Officers Association C.S.2 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Initiation of litigation pursuant to§ 54956.9(c): One case The City Council will reconvene to Open Session.
13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.
14.0 ADJOURN -The City Council will adjourn to October 7. 2025.
ANDERSON CITY COUNCIL MINUTES
Regular Meeting
September 2, 2025
REGULAR SESSION
The regular session was called to order at 5:30 p.m.
ROLL CALL
Councilmembers present: Councilmember Simmons
Councilmember Gallagher
Councilmember Hale
Vice-Mayor Gallier
Mayor Baugh
DRAFT
Also present: City Manager Joey Forseth-Deshais, City Attorney Collin Bogener, Police Chief Oliver Collins, Public Works Director Adam Whelen and City Clerk Christy White.
INVOCATION
Rioboie Mabugay, Associate Pastor of Anderson Seventh-day Adventist Church, gave the invocation.
PLEDGE OF ALLEGIANCE
Mayor Susie Baugh led the Pledge of Allegiance.
PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA
Wendy Dickens and Shauna Bambino spoke to Council regarding upcoming reading programs and events.
CONSENT AGENDA
By motion made, second (Gallagher/Gallier) and carried by a 5-0 vote, Council took the following action.
Approved the minutes of the regular meeting of September 2, 2025.
Received and filed warrant 35518 to 35561 in the amount of $161,460.11; Received and filed warrant 35562 to 35595 in the amount of $140,830.11; Received and filed ACH in the amount of $57,496.59; Received and filed ACH in the amount of $56,451.27.
AYES:
NOES:
ABSTAIN:
ABSENT:
ITEM 6.1
Councilmembers Gallagher, Gallier, Simmons, Hale and Mayor Baugh.
None.
None.
None.
9/16/2025
City Council Meeting
September 16, 2025
REGULAR AGENDA
CITY COUNCIL
LETTER OF OPPOSITION ASSEMBLY BILL 495
Councilmember Hale started the discussion regarding the letter of opposition to AB 495.
By motion made, seconded (Hale/Simmons), and carried by a 5-0 vote, the Council approved the letter of opposition.
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Hale, Simmons, Gallagher, Gallier and Mayor Baugh.
None.
None.
None.
COUNCIL PROCEDURES
City Manager Joey Forseth-Deshais gave a staff report and turned the discussion over to Councilmember Hale. Councilmember Hale spoke on his thoughts on necessary changes to the Council procedures.
By motion made, seconded (Gallier/Gallagher) and carried by a 4-1 vote Council voted to not make changes to the Council Procedures.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallier, Gallagher, Simmons and Mayor Baugh.
Hale.
None.
None.
PLANNING COMMISSION
Councilmember Hale started the discussion of Planning Commission and the thoughts on decommissioning it.
Councilmember Simmons made a motion to not disband the Commission but to bring back discussion of pay, no second was received.
By motion made, seconded (Gallier/Gallagher) and carried by a 4-1 vote Council voted to not disband the Planning Commission and not bring back the discussion of pay.
AYES:
NOES:
ABSTAIN:
ABSENT:
Councilmembers Gallier, Gallagher, Hale and Mayor Baugh.
Simmons.
None.
None.
City Council Meeting
September 16, 2025
PLANNING COMMISSIONER APPOINTMENT
Mayor Susie Baugh requested the approval of her appointee, Becca Joyner, to the Planning Commission.
By motion made, seconded (Baugh/Simmons) and carried by a 5-0 vote Council approved the appointment of Becca Joyner to the Planning Commission.
Vote: AYES:
NOES:
ABSTAIN:
ABSENT:
Council members Baugh, Simmons, Gallagher, Hale and Gallier.
None.
None.
None.
6:51 p.m. Vice Mayor Gallier left the Dias, returned at 6:52 p.m.
CITY MANAGER
WASTEWATER REBATE FUND AD HOC COMMITTEE
City Manager Joey Forseth-Deshais gave a staff report and answered questions from Council.
By motion made, seconded (Hale/Gallier) and carried by a 5-0 vote Council voted to select Councilmember Simmons and Council member Gallagher to the Wastewater Rebate Ad Hoc Committee.
AYES:
NOES:
ABSTAIN:
ABSENT:
Council members Hale, Gallier, Simmons, Gallagher and Mayor Baugh.
None.
None.
None.
POLICE CHIEF
COMMUNITY CAT ORDINANCE
Lieutenant Eric Haynes gave a staff report and along with City Manager Forseth-Deshais answered questions from Council.
Many public comments were received from both those in support of the Ordinance and those who oppose. Many have questions on how to move forward.
By motion made, seconded (Gallagher/Gallier) and carried by a 5-0 vote Council voted to introduce an Ordinance (first reading) adding Chapter 6.33 to the Anderson Municipal Code to regulate the feeding of community /feral cats in public and private areas in order to mitigate public nuisance, protect animal welfare, and reduce the growth of unmanaged cat populations and set for adoption on September 16, 2025 (second reading).
City Council Meeting
September 16, 2025
The City Clerk read the Ordinance by Title only.
Vote: AYES: Councilmembers Gallagher, Gallier, Hale, Simmons and Mayor Baugh.
NOES: None.
ABSTAIN: None.
ABSENT: None.
COUNCIL REPORTS/COMMENTS
Councilmembers used this time to report on meetings and activities they participated in and to announce upcoming events.
ADJOURNMENT
7:55 p,m.: The City Council adjourned to September 16. 2025.
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
AGENDA ITEM
I September 16, 2025 City Council Meetinj
eshais, City Manager
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Cindy Wheeler, Finance Director /Treasurer
Date: September 16, 2025
JsuBJECT
Receive and File Weekly Warrant Registers.
I RECOMMENDATION
Receive and file warrant 35596 to 35630 in the amount of $228,752.30; Receive and file ACH in the amount of $130,444.75; Receive and file warrant 35631 to 35683 in the amount of $130,348.21
!ATTACHMENT
Warrant Registers.
ITEM 6.2 PAGEl 9/16/2025
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 8/29/2025 035596 2,025.00
000048 AAMIGO IRRIGATION SUPPLY
SUPPLIES 8/29/2025 035597 4.01
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-AUG 25 8/29/2025 035598 3,019.44
000323 AMERICAN FIDELITY ASSURANCE CO
CAFETERIA 125 PIE 8/1/25 8/29/2025 035599 516.40
000355 AMERIGAS
TANK RENTAL 8/29/2025 035600 160.02
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SERVICES 8/29/2025 035601 1,853.00
002158 CITY OF ANDERSON
UTILITIES 8/29/2025 035602 4,412.44
003590 FASTENERS INC.
SUPPLIES 8/29/2025 035603 147.58
003670 TYLER FINCH
PER DIEM-TRAINING 8/29/2025 035604 411.00
004040 GENERAL TEAMSTERS #137
DUES FOR MONTH OF AUG-25 8/29/2025 035605 2,634.00
004248 GRAINGER
SUPPLIES 8/29/2025 035606 299.35
004592 HAVEN HUMANE SOCIETY
PROFESSIONAL SERVICES 8/29/2025 035607 100.89
004623 ERIC HAYNES
PER DIEM-TRAINING 8/29/2025 035608 322.00
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 8/29/2025 035609 1,991.10
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 8/29/2025 035610 4,071.95
006059 LITHIA MOTORS, INC.
PROFESSIONAL SVCS & PARTS 8/29/2025 035611 257.69
006166 LOWE'S
SUPPLIES 8/29/2025 035612 826.01
011792 MISSIONSQUARE-302204
PLAN #302204 PE 8/15/25 8/29/2025 035613 4,015.00
007075 MUNICIPAL MTNC. EQUIPMENT
SUPPLIES 8/29/2025 035614 835.11
012433 N &S TRACTOR
PARTS 8/29/2025 035615 1,285.69
007134 N.C.G.T. TRUST FUND
HEALTH INSURANCE PREMIUM 8/29/2025 035616 116,175.00
007435 NTU TECHNOLOGIES, INC.
SUPPLIES 8/29/2025 035617 3,445.52
007617 PACE ENGINEERING, INC.
PROFESSIONAL SERVICES 8/29/2025 035618 33,606.00
007618 PACE SUPPLY CORP.
SUPPLIES 8/29/2025 035619 950.50
007669 PAPE MACHINERY
PROFESSIONAL SVCS & PARTS 8/29/2025 035620 406.54
012245 POINT & PAY LLC
PROFESSIONAL SERVICES 8/29/2025 035621 10.00
008076 PREFERRED PUMP
PARTS 8/29/2025 035622 108.97
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
008181 QUADIENT FINANCE USA, INC.
METERED POSTAGE 8/29/2025 035623 2,500.00
009791 SMOGMASTERS II
PROFESSIONAL SERVICES 8/29/2025 035624 65.00
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-AUG 25 8/29/2025 035625 820.38
010747 US BANK CORP PYMT SYSTEMS
SUPPLIES,TRV,TRAINING & EQPMNT 8/29/2025 035626 17,915.19 VOID CHECK 8/29/2025 035627
010749 US BANK VOYAGER FLEET SYSTEMS
FUEL CHARGES 8/29/2025 035628 19,785.55
010874 VERIZON WIRELESS
PHONE CHARGES 8/29/2025 035629 3,633.47
010881 VESTRA RESOURCES INC.
PROFESSIONAL SERVICES 8/29/2025 035630 142.50
8/29/25 ACH PERS $130,444.75 228,752.30
FOR UNFUNDED LIABILITY
.~ ~ Date
Page3
CHECK REGISTER
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
000349 AMERICAN TOWER CORPORATION
MONTHLY TOWER RENT 9/4/2025 ACH 975.00
000083 ACE HARDWARE
SUPPLIES-JOB#5 9/5/2025 035631 924.29
000406 ANDERSON FIRE PROTECTION DIST.
INSPECTION/IMPACT FEES 9/5/2025 035632 11,526.72
000457 ANDERSON UNION HIGH SCHOOL
POOL SUPPLIES 2025 9/5/2025 035633 4,088.30
000585 ASBURY ENVIRONMENTAL SERVICES
PROFESSIONAL SERVICES 9/5/2025 035634 153.00
000615 AT&T CALNET
PHONE CHARGES 9/5/2025 035635 226.24
012498 ANDREW BAILEY-MARLAR
KEY DEPOSIT REFUND 9/5/2025 035636 10.00
000851 SHERRY BARRET
CLEANING DEPOSIT REFUND 9/5/2025 035637 350.00
000909 BATTERIES PLUS· 450
SUPPLIES 9/5/2025 035638 227.11
000922 SUSAN BAUGH
HEALTH INS. REIMBURSEMENT 9/5/2025 035639 185.00
001007 JUDITH BELLINGER
FACILITY RENTAL REFUND 9/5/2025 035640 47.50
012492 AUBREY BRAY
KEY DEPOSIT REFUND 9/5/2025 035641 10.00
001394 BRIGHT PLANET SOLAR
BLDG PERMIT REFUND 9/5/2025 035642 171.32
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
001754 CALIFORNIA VISION SERVICE
INSURANCE PREMIUM 9/5/2025 035643 68.25
002167 CITY OF REDDING
UTILITIES 9/5/2025 035644 1,436.17
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 9/5/2025 035645 706.00
012237 OLIVER COLLINS
CELLPHONE REIMBURSEMENT 9/5/2025 035646 75.00
012496 TASHA ERICKSON
CLEANING DEPOSIT REFUND 9/5/2025 035647 350.00
003590 FASTENERS INC.
SUPPLIES 9/5/2025 035648 26.93
012493 TRINITY FERNANDEZ
FACILITY RENTAL REFUND 9/5/2025 035649 50.00
011976 JOEY FORSETH-DESHAIS
CELLPHONE REIMBURSEMENT 9/5/2025 035650 75.00
011883 ADAM FROEBER
CELLPHONE REIMBURSEMENT 9/5/2025 035651 75.00
003911 GABEL'S HAULING & DEMO
PROFESSIONAL SERVICES 9/5/2025 035652 2,280.80
012494 SONJA GARCIA
CLEANING DEPOSIT REFUND 9/5/2025 035653 350.00
004248 GRAINGER
SUPPLIES 9/5/2025 035654 111.43
012228 STEPHEN HENDERSON
KEY DEPOSIT REFUND 9/5/2025 035655 10.00
009321 HOPE SETH CONSUL TING
PROFESSIONAL SERVICES 9/5/2025 035656 2,160.00
Page2
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
005169 J & T CONSULTING, INC.
PROFESSIONAL SERVICES 9/5/2025 035657 810.00
005401 NICHOLAS JONES
CELLPHONE REIMBURSEMENT 9/5/2025 035658 75.00
005445 K & S STAFFING SOLUTIONS, INC.
PROFESSIONAL SERVICES 9/5/2025 035659 2,528.28
005640 KIWANIS CLUB OF ANDERSON
MEMBERSHIP DUES-FORSETH 9/5/2025 035660 200.00
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 9/5/2025 035661 101.88
011792 MISSIONSQUARE-302204
PLAN #302204 PE 8/29/25 9/5/2025 035662 4,295.00
VOID CHECK 9/5/2025 035663
007202 NCCS1F
INSURANCE PREMIUM 9/5/2025 035664 11,463.50
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 9/5/2025 035665 588.81
007617 PACE ENGINEERING, INC.
PROFESSIONAL SERVICES 9/5/2025 035666 53,398.50
007657 PAINT MART
SUPPLIES 9/5/2025 035667 79.96
012495 KELSIE PARKINSON
KEY DEPOSIT REFUND 9/5/2025 035668 10.00
012414 PRIMO BRANDS
DRINKING WATER 9/5/2025 035669 450.94
008399 REDDING PRINTING COMPANY.INC
PROFESSIONAL SVCS & SUPPLIES 9/5/2025 035670 115.29
Page3
NAME CHECK CHECK CHECK
VENDOR DESCRIPTION DATE NUMBER AMOUNT
009003 DAISY SAELEE
CLEANING DEPOSIT REFUND 9/5/2025 035671 350 00
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 9/5/2025 035672 5,194.11
009551 SHIELD REGIONAL TRAINING
TRAINING-PERISHABLE SKILLS 9/5/2025 035673 220.00
009564 SHN CONSUL TING ENGINEERS AND G
PROFESSIONAL SERVICES 9/5/2025 035674 13,501.25
009883 SPECIAL SERVICES GROUP, LLC
ANNUALCONVERTTRACKRENEWAL 9/5/2025 035675 450.00
012497 MIYANNA TAYLOR
CLEANING DEPOSIT REFUND 9/5/2025 035676 350.00
012410 MARJORIE TRUMAN
CELLPHONE REIMBURSEMENT 9/5/2025 035677 75.00
010754 US POSTAL SERVICE-CMRS-POC
METER POSTAGE ACCT#7552063 9/5/2025 035678 5,000.00
011245 CINDY WHEELER
CELLPHONE REIMBURSEMENT 9/5/2025 035679 75.00
011858 ADAM WHELEN
CELLPHONE REIMBURSEMENT 9/5/2025 035680 75.00
011260 CHRISTY WHITE
CELLPHONE REIMBURSEMENT 9/5/2025 035681 75.00
011305 PETER WICKENHEISER
CELLPHONE REIMBURSEMENT 9/5/2025 035682 75.00
011583 YMCA
PROFESSIONAL SERVICES 9/5/2025 035683 4,121 .63
130,348.21
~c CJ/'i/;.S Page4 Date
AGENDA ITEM
~eptember 16, 2025 City Council Meeting!
resented By:
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Eric Haynes, Lieutenant
Date: September 16, 2025
!SUBJECT
Enact Ordinance No. 865 adding Chapter 6.33 to the Anderson Municipal Code regulating the feeding of community /feral cats
I RECOMMENDATION
Enact Ordinance No. 865 (Second Reading). adding Chapter 6.33 to the Anderson Municipal Code to regulate the feeding of community /feral cats in public and private areas in order to mitigate public nuisance, protect animal welfare, and reduce the growth of unmanaged cat populations as introduced on September 2, 2025 (First Reading).
I FISCAL IMPACT
No fiscal impact.
I DISCUSSION and BACKGROUND
For more than a decade, concerns have been raised regarding residents feeding community and feral cats, particularly within Anderson River Park. Additionally, several other feeding sites have been identified throughout the city on both public and private property.
ITEM 6.9 PAGE1 9/16/2025
One of the main goals of the trap-neuter-return (TNR) program is to manage cat colonies to control overpopulation. This goal will significantly reduce nuisances in the community such as cats defecating in the children's playground areas in the park. In addition, other nuisances are associated with community cat mismanagement, such as increased risk of disease transmission, attraction of other wildlife and vermin, disruption of ecological balance and native wildlife, and reducing community disputes among residents with differing views on cat care.
The ordinance will also create a certified feeder program where individuals who become certified can legally feed the feral cats in public and/or private locations open to the public.
Those who are not certified feeders will not be permitted to feed the feral cats in the City of Anderson. Haven Humane will be responsible for vetting and certifying feeders.
Haven Humane has largely been responsible for a TNR program, which they currently manage.
However, this has been a voluntary program in the past with no standards set forth in the municipal code. Without these standards, enforcement efforts are significantly diminished. The proposed ordinance would:
1. Prohibit the excessive feeding of cats in public places or private property without consent.
2. Create a certified feeder program to limit feeding times and locations to ensure food is not left out overnight or for extended periods.
3. Require individuals feeding stray or feral cats to take responsibility for their health and welfare by participating in the TNR program.
4. Establish clear definitions of terms such as "feedingt "feral/community cat," and "colony."
5. Empower Animal Services to issue citations or warnings for non-compliance, while emphasizing education and voluntary compliance as the first response.
City staff recommends the council approve the ordinance. This ordinance promotes a humane, responsible, and sustainable approach to urban wildlife and public health management.
I ATTACHMENT
Ordinance
ITEM 6.9 PAGE2 9/16/2025
ORDINANCE NO. 865
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANDERSON ENACTING CHAPTER 6.33 OF THE ANDERSON MUNICIPAL CODE TITLED "COMMUNITY CAT ORDINANCE"
WHEREAS, the City of Anderson ("City") seeks to create a program to control the feral/community cat population within the City and to address associated health and safety concerns; and
WHEREAS, The City created this program through an ordinance, which was prepared in collaboration with community members and Haven Human Society to ensure that the Trap-Neuter-Return (TNR) policies contained in the ordinance addressed concerns from those partners; and
WHEREAS, the City Council of the City of Anderson seeks to promote the health and safety of members of the City community through enactment of the ordinance.
NOW, THEREFORE, the City Council of the City of Anderson does ordain as follows:
SECTION 1. Chapter 6.33 "Community Cat Ordinance" is hereby added to the Anderson Municipal Code as follows:
Chapter 6.33- COMMUNITY CAT ORDINANCE
6.33.010- Feeding of Feral/Community Cats Prohibited ..
The feeding of feral/community cats is prohibited in the city of Anderson unless otheiwise permitted pursuant to this article and conducted in accordance with the Cat Trap-NeuterReturn (TNR) program regulations and guidelines.
6.33.020- Applicability of Feral/Community Cat TNR Program.
A program is hereby adopted by the city of Anderson to control feral/community cat populations in certain areas within the city of Anderson ("city"), and to address associated health and safety hazards, and other impacts in the city. The program was developed in a collaborative effort with community residents and feral/community TNR program partners and professionals. The program shall be known as the city of Anderson feral/community cat TNR program.
A. Permits may be issued under this article only for TNR activities and/or certified feeding activities in the areas of the city as depicted in the city's zoning map. Anderson River Park will be the primary focus of TNR activities.
8. No feeding activity shall be permitted within one thousand five hundred feet (1,500') of the perimeter of the Splash Pad in Anderson River Park unless approved by the TNR partner or the city of Anderson.
C. No feeding activity shall be permitted within one thousand feet of a school unless approved by the TNR partner or the city of Anderson.
1 D. No feeding or trapping activity shall be permitted on private property without the written consent of the property owner or agent of the property owner, or as otherwise permitted by law.
6.33.030- Definitions.
For the purposes of this article, the words and phrases set forth in this section shall be construed as defined herein. To the extent any of the definitions included in this chapter conflict with chapter 6.04 or other sections of the Anderson Municipal Code, the definitions below will govern this chapter.
"Cat" means a member of the species Felis catus.
"Feral/community cat" means a cat not owned and cared for as a typical companion animal or pet, as a result of having been born feral, abandoned by an owner, or rendered homeless, wild or stray by any other means.
"Feral/community cat caregiver" means any person who:
A Feeds feral/community cats, humanely traps feral/community cats, provides care, including shelter or medical care, to the feral/community cats, or any combination of the foregoing activities, and works in cooperation with a TNR partner permitted by the city; and
8. Is registered with a permitted TNR partner and has readily available proof of such registration.
"Feral/community cat colony" or "colony" means a group of cats and the geographic location where that group typically live or where they forage or hunt for food or are fed and generally cared for by a TNR partner by associated feral/community cat caregivers or by TNR individuals.
"Food" as well as "feeding" includes water, dried food, canned food, treats and any other item a cat may consume.
"TNR individual" means person who is permitted by the city to engage in implementing the TNR program regulations and guidelines on public property. "TNR partner" means an organization authorized by the city to engage in implementing TNR and certified feeding services via education, training, funding spay-neuter services, providing traps, providing spay-neuter services, providing long term colony care through volunteers or otherwise implementing TNR. The TNR partner for the city of Anderson is Haven Humane Society.
"Trap-Neuter-Return" (Also Referred to as "TNR") means the practice whereby feral/community cats are humanely trapped by the TNR partner, feral/community cat caregivers or TNR Individuals, taken to a veterinary hospital or spay-neuter facility where they are sterilized and rabies vaccinated, ear tipped, and adopted or returned to their colony to be cared for until the end of their natural life.
2 "Trap-Neuter-Return or TNR Program Regulations and Guidelines" means the rules adopted by the city council allowing authorized organizations or permitted individuals to undertake TNR activities, which rules include standards of care and guidelines for implementation activities.
6.33.040- TNR Permit and Application Requirements.
A. A permit shall be required for any individual that wishes to operate as a TNR individual in the city.
B. A TNR individual must list all cat colonies to be fed prior to the issuance of a permit.
C. A permit application shall be submitted in the form and with the information required by the city, including the following:
1. TNR Individual Permit Requirements: A completed TNR Individual permit application form shall be submitted to the TNR partner, and accompanied with the following supplemental information:
a. Applicant contact and address information.
b. A map of the colony location and colony details to the extent known, including, but not limited to, an approximate number of:
(1) Cats in the colony;
(2) A map showing the location of each feeder and trapping location. c. An affidavit form releasing any liability to the city of Anderson and TNR partner. d. Feral/community cat caregiver affidavit forms signed by each affiliated feral/community cat caregiver/individual confirming their receipt of a copy of the city of Anderson feral/community cat TNR program regulations and guidelines and stating that they have read, understand, and will comply with those regulations and guidelines. e. A list of all feral/ community cat caregivers providing TNR support for the colony and contact information for each caregiver will be kept by the TNR Partner. f. A statement accepting and agreeing to abide by all of the standard conditions of approval set forth in the TNR program regulations and guidelines signed by the TNR individual, a duly authorized representative of the TNR partner, with final approval by the city of Anderson.
6.33.050- Determination on Permit.
A. The determination of whether to issue a permit is ministerial action. The TNR partner may approve the application and forward the application to the city of Anderson for final approval, unless:
1. The permit application does not comply with the TNR program and guidelines requirements;
3 2. The permit application does not include all the required information as set forth in this article;
3. The applicant has been previously issued a permit pursuant to this article and has violated the requirements of this article or the TNR program requirements and guidelines; or
4. The City Manager or his designee has reported that the proposed location of a feeder or trap will interfere with public works activities.
S. Upon approval of a permit application, the TNR partner may issue permit to the TNR individuals and/or certified feeders as applicable. The permit shall be worn by the permittee and any person conducting TNR/Certified Feeding activity so that it is clearly visible to another person at all times while conducting TNR/Certified Feeding activity. Residents and/or property owners personally conducting TNR activity on their own property are not required to wear the permit card.
6.33.060- TNR Permit Conditions.
A. As a prerequisite to receiving approval of a permit for a TNR individual, the TNR partner or individual shall agree to comply with the standard conditions of approval set forth in the adopted TNR program requirements and guidelines.
8. Standards Of Care: The city may enforce the standards of care applicable to TNR partners, feral/community cat caregivers and TNR individuals in accordance with the city's administrative penalty process or may refer violations of the standards of care to the appropriate TNR partner or TNR individual for assistance in correcting the violations.
Nothing in this subsection is intended to restrict the remedies available to the city for a violation of the requirements of this article or the TNR programs regulations and guidelines.
C. Revocation of Permit: In addition to any other remedy available to the city, the city or the TNR partner may revoke the permit of a TNR individual if the city or TNR partner determines that the TNR individual or a feral/community cat caregiver have violated the provisions of this article or the TNR program regulations and guidelines.
D. TNR individuals shall comply with and fulfill the responsibilities and minimum standards of care as set forth in the TNR program regulations and guidelines.
6.33.070- Return of Feral/Community Cats.
The return of feral/community cats as part of a TNR program is exempt from any abandonment laws because the feral/community cat is trapped solely for the purpose of neutering, spaying, or adopting.
6.33.080- Feeding Times.
A. Food may be placed in authorized feeding stations during the hours set forth in the TNR program regulations and guidelines. Feeding times shall be from 7:00 a.m. to 12:00 p.m. 4 B. Feeding locations shall be clean and maintained in accordance with the adopted TNR program regulations and guidelines.
6.33.90- Request to Remove Feeders or Traps Located on Public or Private Property.
A. A property owner or resident may submit a request to the TNR Partner for removal of a feeder or trap that is located adjacent to their property or on their private property.
B. Upon receipt of the request, the TNR partner will notify the permittee and investigate the validity of the complaint. The permittee shall remove the feeder and/or trap as soon as practical if the complaint is sustained. If the feeder and/or trap is not removed, the TNR partner or city shall cause the feeder and/or trap to be removed without any further notice to the permittee in a reasonable amount of time.
6.33.100- Permit Renewals.
A. Permits for TNR individuals shall be renewed bi-annually, and requests for renewal should be submitted at least thirty (30) days prior to expiration of the existing permit on forms approved by the TNR partner. The permittee shall have no property interest in the renewal and the permit shall not be renewed if the TNR partner makes any of the determinations set forth in section 6.33.050.
6.33.110- Permit Modifications.
A. A permittee may request modifications to an existing permit to add or otherwise change the approved locations for feeding, trapping or combination thereof. Modification applications shall be submitted on a form approved by the TNR partner who will then submit the form to the city of Anderson.
B. Removal of feeding or trapping locations shall not require permit modification but the permittee shall inform the TNR partner of the removal of the location.
C. Permit modifications shall be accompanied by the same documentation required for an initial permit application.
6.33.120- Feeding/ Abandonment/Release of Cats on Public Property.
This chapter will be enforced as follows:
A. It is a violation of this ordinance to willfully abandon any animal.
8. It is a violation of this ordinance to feed feral/community cats on public property without a TNR individual permit.
C. It is a violation of this ordinance to trap feral/community cats on public property without a TNR individual permit.
5 D. Administrative fines and penalties for feeding feral/community cats without a permit and illegal dumping of cats on public property as established in this ordinance are subject to fines described in section 1.22.030 (d) of this code. The fourth such offense shall result as a misdemeanor crime.
E. Once the time for requesting an Administrative Hearing has passed, all fines paid to the city of Anderson will be transferred from the city of Anderson to The TNR partner to assist with funding their TNR program.
F. Pursuant to section 1.22.020 of this code, a notice describing the charge and the penalty for a violation of this section may be issued by any peace officer, animal control officer, as defined in Penal Code Section 830.9, or humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code, or any enforcement officer as defined in section
1.04.010.
G. Complaints: Any person may file a written complaint with the city of Anderson or the TNR partner regarding any permit issued under this article. Upon receipt of such a complaint, an investigation will be initiated regarding the allegations in the complaint.
SECTION 2. CEQA. This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code§§ 21000, et seq., "CEQA") and CEQA Guidelines (14 California Code of Regulations§§ 15000, et seq.) in that it is not a "project" for purposes of CEQA, as that term is defined by CEQA Guidelines§ 15378.
SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such decision shall not affect the remaining provisions of this ordinance.
SECTION 4. ENACTMENT. The City Clerk shall certify the adoption of this ordinance and shall cause it to be posted and/or published in accordance with the law.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anderson held on September 2, 2025 and enacted at a regular meeting of the City Council of the City of Anderson held on September 16, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
6 AGENDA ITEM
September 16, 2025, City Council Meeting
Submittal By:
To:
From:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
Date: September 16, 2025
lsueJECT
Waste Management Franchise Agreement and Proposition 218 Notification Process for Rate Adjustments
I RECOMMENDATION
The City Manager recommends that the City Council:
1. Receive a staff report;
2. Receive public comment;
3. Authorize the City Manager to execute the proposed ten-year agreement with Waste Management, Inc.; and
4. Authorize the Proposition 218 noticing process for holding a public hearing on November 18, 2025.
I FISCAL IMPACT
USA Waste of California (a subsidiary of Waste Management, Inc.) customers pay for solid waste collection and disposal, recycling, and green waste services provided in accordance with the current franchise agreement with the City of Anderson dated July 1, 2015, and extended by amendment through December 31, 2025.
ITEM 8.3 PAGE1 09/16/2025
The rate adjustments proposed are necessary to recover the costs associated with the new franchise agreement. Without these adjustments, the City risks subsidizing solid waste operations or encountering regulatory non~compliance.
The mailing of Proposition 218 notices to all property owners and customers of record will result in a fiscal impact to the City. The estimated total cost for printing and postage is approximately $10,300, which will be paid by the General Fund. These expenses are considered necessary to ensure compliance with Proposition 218 regulations governing rate adjustments.
I DISCUSSION AND BACKGROUND
Following an extensive negotiation that began in January of 2024, and a lengthy review process, the City has reached tentative terms on a new ten-year franchise agreement with WM. The proposed agreement is designed to expand services associated with waste collection operations and ensure compliance with state-mandated recycling and organics diversion regulations, particularly those established under Senate Bill 1383 (SB 1383).
In December of 2021 through Ordinance 845, Chapter 8.65 was added to the Anderson Municipal Code (AMC). This established Mandatory Organic Waste Disposal Requirements under SB 1383 which was required for compliance by January 1, 2022. The intent at that time was to update the AMC again once the agreement with WM is amended to include these services, and their ability to process organic materials is available. The updates necessary to Chapter 8.65 of the AMC will be brought before the City Council prior to January 1, 2026.
SB 1383 imposes significant unfunded mandates on local jurisdictions, including the implementation of organic waste collection, expanded reporting requirements, procurement targets for recovered organic products, and strict contamination monitoring standards. The proposed agreement incorporates these requirements and reflects the increased costs necessary to meet them. Among the changes, the implementation of organic waste collection and efforts to prevent container contamination will represent the most notable changes for City residents.
Beginning January 1, 2026, residents will be required to place food scraps, food-soiled paper products, green waste, and untreated wood scraps into the existing green bin. This includes items such as vegetables, meat, bones, dairy, grains, paper towels, pizza boxes, coffee filters, tea bags, landscape and pruning debris, and uncoated to-go containers.
Styrofoam and plastic materials remain prohibited in the green bin.
In addition to the operational and compliance changes, the proposed rate structure has been updated to account for associated costs. These include City administration of the agreement, infrastructure improvements by WM, and compliance with both SB 1383 and other state mandates. However, the impact on customer rates has been mitigated in part by the City's existing use of green bins for yard waste and the location of the new organics ITEM 8.3 PAGE2 09/16/2025
processing facility at Anderson Landfill, which allows for organic waste to be handled locally and eliminates the additional expense of transporting materials elsewhere.
Waste Management will continue to provide several additional services at no or reduced cost, including complimentary Christmas tree collection, an annual landfill disposal voucher available each April, and a discounted rate for senior residents. Seniors aged 65 or older remain eligible to receive one cart each for garbage, recycling, and organics at a 25 percent reduced rate.
The draft agreement and proposed rate structure have been reviewed in detail by City staff and the City's solid waste consulting firm, R3 Consulting Group. The proposed rate schedule now bundles collection services for trash, recycling, and organics for both residential and commercial accounts. Below is a comparison of typical residential and commercial services. A complete listing of the proposed rates is included in Exhibit 2 of the draft agreement (Attachment 2).
MONTHLY RATES
CURRENT PROPOSED
7/1/2025 1/1/2026
Residential Service
96 gal Solid Waste / 96 gal Recycling/
64 gal Organics $26.19 $31.22
Commercial Service
4 yd Solid Waste lx/week / 64 gal
Recycling/ 64 gal Organics $197.70* $244.05
*Rate for 4 yd Solid Waste lx/week only (not bundled with Recycling & Organics carts) Rates are contracted to adjust annually each fiscal year beginning July 1 based on the annual change in the Consumer Price Index (CPI): Urban Consumer - Garbage and Trash Collection, with no single CPI adjustment exceeding five percent (5%) or be lower than one percent (1 %). Any CPI amount exceeding 5% or below 1 % shall be carried over and applied to the following year or years, provided that the change in any year shall not exceed 5% or be lower than 1 %.
All waste•related rate increases are subject to California law, including Proposition 218 noticing requirements.
Proposition 218 Notice and Procedural Requirements
In 1996, Proposition 218 (Prop 218) was passed to add Articles 13C and 13D to the California Constitution. Article 13D imposes procedural and substantive limitations on certain types of fees. Prop 218's "majority protest" process is a significant legal and ITEM 8.3 PAGE3 09/16/2025
informational element to the rate-setting process for fees related to various utility services that are mandated for a real property parcel. This process adheres to the following steps:
• Notice must be mailed to all property owners and customers of record subject to the proposed rate adjustments (Attachment 3).
• A Public Hearing must be scheduled at least 45 days after mailing notices. The proposed hearing date is November 18, 2025.
• Protests may be submitted in writing at any time up to the close of the public hearing. Only one protest per parcel is counted.
• If a majority protest (50% + 1) is not received, the City Council may proceed with a vote to adopt the proposed rate adjustments.
• If approved, the new rates will become effective January 1, 2026.
Further details about the procedural requirements for this majority protest process are outlined in the proposed Public Notice in Attachment 3.
Staff recommends approval to proceed with mailing the Proposition 218 Notice (Attachment 3), in a form substantially similar to the draft provided and subject to final legal review by the City Attorney. The Notice will outline the proposed rate changes and inform ratepayers of the November 18, 2025, public hearing.
I ATTACHMENTS
1. Current 2025 Waste Management Rate Sheet
2. Amended And Restated Refuse, Recycling and Organic Waste Agreement Between the City of Anderson and USA Waste of California, Inc.
3. Draft Proposition 218 Public Hearing Notice
ITEM 8.3 PAGE4 09/16/2025
.. City of Anderson
UPDATED EXHIBIT B
SCHEDULE OF APPROVED BASE RA TES
Monthly Rates Effective July 1, 2025
Commercial Premises Rates
Commercial Cart Rates
64 Gallon Cart. once a lllll!ek pickup
96 Gallon Cart. once a Ill/eek Pickuo
Commercial MSW Bin Rates
1 Cubic Yard Bin, once a week
1 Cubic Yard Bin, t\Nice a week
1.5 Cubic Yard Bin. once a week
1.5 Cubic Yard Bin. twice a week
1.5 Cubic Yard Bin, three times a week
2 Cubic Yard Bin, once a week
2 Cubic Yard Bin. twice a week
2 Cubic Yard Bin, three times a week
2 Cubic Yard Bin, four times a week pickup
2 Cubic Yard Bin. five times a week pickup
2 Cubic Yard Bin, six times a week pickup
3 Cubic Yard Bin, once a week pickup
3 Cubic Yard Bin, twice a week pickup
3 Cubic Yard Bin, three times a week pickup
3 Cubic Yard Bin, rour times a week pickuo
3 Cubic Yard Bin. five times a week pickup
3 Cubic Yard Bin, six times a week pickup
4 Cubic Yard Bin. once a week pickup
4 Cubic Yard Bin, twice a week pickup
4 Cubic Yard Bin. three times a week pickup
4 Cubic Yard Bin, four times a week pickup
4 Cubic Yard Bin, five times a week pickup
4 Cubic Yard Bin. six times a week t ickup
6 Cubic Yard Bin, once a week cickuP
6 Cubic Yard Bin, twice a week pickup
6 Cubic Yard Bin, three times a week pickup
6 Cubic Yard Bin. four times a week pickup
6 Cubic Yard Bin. five times a week Pickup
6 Cubic Yard Bin. six times a week oickup
Commercial Recycle Bin Rates
64 Gallon Cart, once a week pickup
Commen::lal Recvcle Bin Rates•
1 Cubic Yard Bin. once a week
1 Cubic Yard Bin. twice a week
2 Cubic Yard Bin, once a week
2 Cubic Yard Bin. twice a week
3 Cubic Yard Bin, once a week pickup
3 Cubic Yard Bin. twice a week pickup
4 Cubic Yard Bin. once a week pickup
4 Cubic Yard Bin. Iv.ice a week Pickuo
6 Cubic Yard Bin, once a week pickup
6 Cubic Yard Bin, twice a week pickup
•Recvcie Bin Rates are at 75% or the MSW rates
City of Anderson Maximum Rate Schedule July 1, 2024
CPI Adj
4.00%
Rates Eff. CPI Rates Eff.
7/1/2024 Adiustment 7/1/2025
$34.01 $1.36 $35.37
$35.50 $1.42 $36.92
$68.95 $2.76 $71.71
$131.73 $5.27 $137.00
$99.18 $3.97 $103.15
$158.23 $6.33 $164.56
$197.72 $7.91 $205.63
$124.30 $4.97 $129.27
$194.97 $7.80 $202.77
$254.00 $10.16 $264.16
$316.41 $12.66 $329.07
$373.33 $14.93 $388.26
$430.84 $17.23 $448.07
$154.64 $6.19 $160.83
$228.91 $9.16 $238.07
$302.90 $12.12 $315.02
$376.91 $15.08 $391.99
$447.63 $17.91 $465.54
$518.34 $20.73 $539.07
$190.10 $7.60 $197.70
$280.90 $11.24 $292.14
$375.16 $15.01 $390.17
$464.50 $18.58 $483.08
$555.35 $22.21 $577.56
$646.18 $25.85 $672.03
$252.46 $10.10 $262.56
$360.17 $14.41 $374.58
$464.50 $18.58 $483.08
$572.16 $22.89 $595.05
$676.53 $27.06 $703.59
$784.22 $31.37 $815.59
$25.51 $26.53 $26.53
$51.71 $53.78 $53.78
$98.80 $102.75 $102.75
$93.23 $96.95 $96.95
$146.23 $152.08 $152.08
$115.98 $120.62 $120.62
$171.68 $178.55 $178.55
$142.58 $148.28 $148.28
$210.68 $219.11 $219.11
$189.35 $196.92 $196.92
$270.13 $280.94 $280.94
Vil City of Anderson
UPDATED EXHIBIT B
SCHEDULE OF APPROVED BASE RATES
Monthly Rates Effective July 1, 2025
Extra Plckun Services
64 Qallon cart oet event (service dav onlv)
96 aallon cart oer event (service dav onlv)
1 cubic van:l bin cer event (service day only}
1.5 cubic vard bin per event (service day only}
2 cubic vard bin per event (service day only}
3 cubic vard b!n cer event (service day onlv}
4 cubic vard bin cer event (service dav onlv\
6 cubic van:l bin cer event (service dav onlv\
SDaClal I Anclllarv Services
New Account Activation Charge
Account Reactivation Charge - No Delivery
Account Reactivation Charge - With Delivery
Key charge when container access requires driver to remove lock pet month Walk ill/Pull Out oer Bin per Service
Snapshot charge (bin too full for l d to close)
Bad Check/EFT Fee
Finance Charae past due areater than 30 days
Finance Charge past due greater than 30 days - minimum charge Reolacement Bin-lf due to customer neallaence
11,.;ontam1na11on 1n Kecyc11ng or urgan1cs 1,.;oma1ners Compactor and Debris Box Rates
Comnactors
3 Cubic Yard Comoactor. once a week oickuo
3 Cubic Yard Comoactor, twice a week ~ici<up
4 Cubic Yard Compactor. once a week pickup
4 Cubic Yard Comoactor, twice a week ~icJ<up
Debris Boxes
20 Cubic Yard Debris Box. cer cull (includes 3 tons\•
25 Cubic Yard Debris Box. cer cull (includes 3 tons)•
30 Cubic Yard Debris Box, per pull (includes 3 tons)•
40 Cubic Yard Debris Box, per pull (includes 3 tons)•
Less than 30 Cubic Yard Comoactor oer cull
30 to 40 Cubic Yard Comoactor. cer cull
S"""lal / Ancillary Services
New Account Activation Charge
Min Haul Charae - 7 day rental charged per day on 8th day Trio Charae (WM unable to service due to non WM caused circumstance) Relocation Charae (Move bo>e to new location on customers current site) Bad Check/EFT Fee
Finance Charae oast due areater than 30 days
Finance CharQe past due areater than 30 days - minimum charge Replacement Bin-ii due to customer negl•gence
*Any tonnage in excess will be charged the landfill rate plus applicable franchise fees.
City of Anderson Maximum Rate Schedule July 1, 2024
CPI Ad
4.00%
$17.02 $0,68 $17.70
$17.91 $0.72 $18.63
$32.17 $1 .29 $33.46
$46.32 $1.85 $48.17
$62.19 $2.49 $64.68
$77.32 $3.09 $80.41
$95.02 $3.80 $98.82
$126.25 $5.05 $131.30
$39.85 $1 .59 $41.44
$28.46 $1.14 $29.60
$74.02 $2.96 $76.98
$6.36 $0.25 $6.61
$20.57 $0.82 $21.39
S181.88 $7.28 $189.16
$30.00 N/A $30.00
2.50% NIA 2.50%
$5.00 NIA $5.00
Market Price NIA Market Price
$65.60 $2.62 $68.22
Rates Eff. CPI Rates Eff.
7/1/2024 Adiustment 7/1/2025
$463.91 $18.56 $482.47
$686.75 $27.47 $714.22
$570.22 $22.81 $593.03
$843.90 S33.76 $877.66
$563.24 $22.53 $585.77
$588.27 $23.53 $611.80
$629.46 $25.18 $654.64
$683.19 $27.33 $710.52
$713.54 $28.54 $742.08
$754.73 $30.19 $784.92
$39.85 $1 .59 $41.44
$12.69 $0,51 $13.20
$190.34 $7.61 $197.95
$190.34 $7.61 $197.95
$30.00 NIA $30.00
2.50% NIA $0.03
$5.00 NIA $5.00
Market Price N/A Market Price
w
CPI-All Urban Con,ume~ (Current Series)
S.rles Id: CUUROOOOSA0
Not Seasonally Adjusted
S.rfes Title: All ilems in U.S. city ave,age. all urban consum8i'S, not seasonally adjusted
Area: U.S. city ave,age
hem: All items
Base Period: 1982-84=100
Year an ,_ .... ... ..ay
2018 247.867 2!8,99!_ ,1~.S~ 250.546 251.588
2019 2S1.712 2S2.776 254.202 255.548 256.092
2020 257.971 258.678 2S8.115 256.389 256.394
2021 261.582 263.014 264.877 267.054 269.195
_ 2022 281.1'18 283.716 287.504 289.109 292.296
2023 299,17 300.84 301.836 303.363 304.127
2024 308.417 , 310.326 312.332 313.548 314.069
2025 317.671 319.082 319.799
~un
251.989
256.143
2',7.797
271.696
296.311
305.109
314.175
Index Paull Cl1cmgc
Current Year CPI
Minus Ptio, Yeer CPI
Equals Index Point Change
CPI Percentage Change••
12 Months Ending Dec 2023
12 Months Ending Dec 2024
Prev Year Carry Over
Calculated Adjuslment
Applied 4% Cap
Ca Over fo, Next Yea(s Ad\,slment
~u, - - -- ..... 252.006 252.146 252,439 252.885 252.038 256.571 256.558 256.759 257.346 257.208
259.101 259.918 260.28 260.388 260.229
273.003 273.567 274.31 276.589 277.948
296.276 296.171 296.808 298.012 297.711
305.691 307.026 307.789 307.671 307.051
314.54 314.796 315.301 315.664 31S.493
- - -
304.702
313.689
8.987
2.95%
4.82%
7.77%
4.00%
3.77%
251.233 -
256,974
260.474
278.802
296.797
306.746
315.605
a
b
C
d=clb
"""- 251.107
255.657
258.811
292.655
~
304.702
313.689
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459FSCC3331 F
AMENDED AND RESTATED REFUSE, RECYCLING AND ORGANIC WASTE
AGREEMENT
BETWEEN THE CITY OF ANDERSON
AND
USA WASTE OF CALIFORNIA, INC.
THIS REFUSE, RECYCLING AND ORGANIC WASTE AGREEMENT (this "Agreement") is between the City of Anderson, a municipal corporation (the "City"), and USA Waste of California, Inc. (the "Company").
RECITALS
WHEREAS, the City and the Company are parties to that certain REFUSE, RECYCLING AND GREEN WASTE Agreement executed on September 24, 2015 ("2015 Agreement"), and the parties desire to supersede, amend and restate the 2015 Agreement on the terms and conditions provided herein.
WHEREAS, The City desires to provide for garbage, recyclables and organic collection services in accordance with the authority granted to the City by Public Resources Code Section 49300 and Chapter 8.65 of the Anderson Municipal Code.
WHEREAS, the Company possesses the equipment, skill, and expertise to provide the necessary services.
By Resolution No. ~ • the City Council of City duly approved this Amended and Restated Agreement, together with the Franchise Fee, Company payments to City, and other City-imposed fees provided for in the Agreement (collectively "City-Imposed Fees"), and found and determined that such City-Imposed Fees were both necessary and reasonably reflect, or are less than, the actual costs City that will incur in the administration of the contracted services, compliance with mandatory state laws and regulations related to the contracted services, and to mitigate the impacts contracted services will have on City streets.
In consideration of the mutual covenants in this Agreement, as amended and restated, and intending to be legally bound, the parties agree as follows:
l. DEFINITIONS.
For purposes of this Agreement, the following words or phrases shall have the following meanings.
1.1 AB 341. '·AB 341 '' means State of California Assembly Bill No. 341 approved October 5, 2011. AB 341 requires businesses, defined to include commercial or public entities that generate more than 4 cubic yards of commercial Solid Waste per week or multifamily residential dwellings of 5 units or more, to arrange for Recycling services and requires jurisdictions to implement a commercial Solid Waste Recycling program.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F
1.2 AB 827. "AB 827" means State of California Assembly Bill No. 827 approved October 02, 2019. AB 827 requires businesses that are mandated to recycle under AB 341 ("MCR") and/or mandated to recycle Organic Waste under AB 1826 ("MORe'") or SB 1383 and that provide customers access to the business, to provide customers with a Recyclable Materials bin and/or Organic Waste Collection bin for those waste streams that is visible, easily accessible, and adjacent to each Bin or Container for trash.
1.3 AB 939. "AB 939" or "The Act" means "The California Integrated Waste Management Act of 1989", codified in part in Public Resources Code §§ 40000 et seq., and such regulations adopted by California Department of Resources Recycling and Recovery (CalRecycle) for implementation of the Act, or its successor agency, including but not limited to, the Jobs and Recycling Act of 2011 (AB 341), SB 1016 (Chapter 343, Statues of 2008 [Wiggins, SB l 0 16]), and the Mandatory Commercial Organics Recycling Act (AB 1826).
1.4 AB 1594. "AB 1594" means State of California Assembly Bill No. 1594. approved September 28, 2014. AB 1594 provides that as of January 1, 2020, the use of green material as Alternative Daily Cover does not constitute Diversion through Recycling and would be considered Disposal.
1.5 AB 1826. "AB 1826" means State of California Assembly Bill No. 1826, approved September 28, 2014. AB 1826 requires each jurisdiction, on and after January I, 2016, to implement an Organic Waste Recycling program to Divert from the landfill Organic Waste from businesses. Each business meeting specific Organic Waste or Solid Waste generation thresholds phased in from April I, 2016, to January I, 2020, is required to arrange for Organic Waste Recycling services.
1.6 Applicable Law. Any foreign, federal, state, regional, or local rule, law, regulation, ordinance, order, judgment, decree, pennit or administrative agency guidelines having an impact on the Agreement that are in force on the Effective Date of the Amended and Restated Agreement, and as may be enacted, issued, or amended thereafter, including, without limitation. the City's Municipal Code, the California Integrated Waste Management Act of 1989 (Public Resources Code Section 40000 et seq.) as amended as of the Effective Date, inclusive (without exclusion to other amendments not referenced here) of AB 939, AB 341, AB I 826, AB 1594, SB 1383, and inclusive of all regulations implementing the same. It shall also include SB 54, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, and the California Air Resources Board Advanced Clean Fleets regulations (2023).
I. 7 Bins. A metal or plastic container, with a capacity of one (I) cubic yard up to and including six ( 6) cubic yards, designed or intended to be mechanically dumped into a loader packer type truck, that is used for the Collection of C&D Debris, Organic Waste, Recyclable Materials or Refuse.
1.8 Bulky Waste. Large discarded items including, but not limited to, household appliances, furniture, un-mounted tires, carpets, mattresses, and other oversize materials whose large
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F size precludes or complicates their handling by normal Collection methods, but can be Collected without the assistance of special loading equipment (such as forklifts or cranes) and without violating collection vehicle legal load limits. Bulky Items do not include abandoned automobiles, large auto parts, or trees.
1.9 City Representative. The City Administrator or his/her designee.
1.10 Cart. A heavy plastic receptacle with wheels and a rated capacity not exceeding ninety-six (96) gallons, having a hinged tight-fitting lid, and wheels for the Collection of Organic Waste, Recyclable Materials or Refuse.
1.11 City Services. The Collection and Disposal or Processing of Refuse, Recyclable Materials and, starting January 1, 2026, Organic Waste from City-owned and operated Premises.
1.12 Collect or Collection. The process whereby C&D Debris, Organic Waste, Recyclable Materials or Refuse is removed from a Premises and transported to the Designated Disposal Site, Processing Facility or other appropriate facility.
1.13 Commercial Organic Waste Service. The Collection and Processing of Organic Waste from Commercial Premises.
1.14 Commercial Premises. Any Premises which is other than a Residential Premises, including, but not limited to, those which operate for business, religious, medical, or governmental (unless excluded by Applicable Law) purposes, as well as Multi-Family Complexes.
1.15 Commercial Recycling Service. The Collection and Recycling of Recyclable Materials from Commercial Premises.
1.16 Commercial Refuse Service. The Collection and Disposal of Refuse from Commercial Premises.
1.17 Commercial Services. Commercial Organic Waste Service, Commercial Recycling Service, and Commercial Refuse Service.
1.18 Compactor. Any Roll-Off Container that has a compaction mechanism, whether stationary or mobile.
1.19 Construction and Demolition Debris or C&D Debris. Used or discarded materials resulting from construction, remodeling, repair or demolition operations on any type of structure, but not including any Excluded Waste.
1.20 C&D Debris Services. The Collection and Disposal or Recycling ofC&D Debris, including Recyclable C&D, from Premises in the Service Area. C&D Debris shall not be deemed Refuse.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F
1.21 Container. Any and all types of receptacles, including Carts, Bins and Roll-Off Containers, used pursuant to the terms of this Agreement for the Collection of Refuse, Recyclable Materials, Organic Waste, C&D Debris, or other Solid Waste.
1.22 Contamination. Materials placed in a Recyclable Materials Container other than Recyclable Materials, or material placed in an Organic Waste Container other than Organic Waste.
1.23 Curb or Curbside. That part of a Premise within five feet of the Public Street or alley, without blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a location, Curbside shall be considered a placement suitable to the Premises, convenient to the Company's equipment, and mutually agreed to by the Premises and the Company.
1.24 Customer. The occupant (e.g., owner or tenant) of a Premises in the Service Area which receives Franchise Services.
1.25 Disposal. Has the meaning provided in PRC Section 40120.1 or successor laws and regulations as may be amended from time to time.
1.26 Designated Disposal Site. The West Central Landfill.
1.27 Effective Date. January I, 2026, the date that Franchise Services shall commence under this Agreement.
1.28 Excluded Materials or Excluded Waste. Material that: (a) is prohibited from receipt at a Designated Disposal Site or Processing Facility by state, federal or local law, regulation, rule, code, ordinance, order, license, permit or permit condition; (b) is or contains Hazardous Waste as defined below or any bio-solids; or (c) the Collection or Disposal of otherwise violates Applicable Law.
1.29 Food Waste. "Food Waste" means ( l) food scraps, including all edible or inedible food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, coffee grounds, and eggshells; and (2) food-soiled paper, which is cornpostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes.
Food Waste excludes fats, oils, and grease when such materials are Source Separated from other Food Waste.
1.30 Franchise Materials. All Solid Waste generated or coming to exist in the Service Area, except where excluded pursuant to Section 2.3 . It is the intention of the Parties to maximize the scope of the Company's exclusive franchise within the Service Area by including within the definition of "Franchise Materials" those materials that can be safely Collected, Disposed of or Processed using commercially reasonable methods.
Oocusign Envelope 10: 9CA8263A-654E-40E3-9889-459F5CC3331F
1.31 Franchise Services. City Services, Commercial Services, C&D Debris Services. and Residential Services.
1.32 Green Waste. All tree and plant trimmings, grass cuttings, dead plants, weeds, leaves, branches, and similar materials that fit into a Cart, but not including Excluded Waste or items with a diameter greater than IO inches.
1.33 Organic Waste Processing Facility. The facility(ies) used by the Company for handling, processing, and preparing collected Organic Waste for marketing or other use.
1.34 Hazardous Waste. Has the meaning provided in PRC Section 40141 or successor laws and regulations as may be amended from time to time.
1.35 Household Hazardous Waste (or HHW). Has the meaning set forth in California Health and Safety Code Section 25218 and in Title 14, CCR, Section 18502 or successor laws and regulations as may be amended from time to time, but not including any Excluded Waste.
1.36 Inaccessible Area. Any road, alley or property that does not allow safe access, tum-around, or clearance for standard collection vehicles.
1.37 Multi-Family Complex. A residence, which may include one or more buildings, with four (4) or more dwelling units, when each dwelling unit is designed for occupancy by one (I) or more individuals. Multi-Family Complexes shall be considered Commercial Premises. For purposes of this Agreement, mobile home parks utilizing Bin-based Refuse services and centralized billing shall be Multi-Family Complexes.
1.38 Organic Waste. Food Waste and Green Waste.
1.39 Overage. Overage is defined as (i) Refuse, Recyclable Materials or Organic Waste exceeding its Container's intended capacity such that the lid is lifted at least 10 inches (or would be lifted at least l O inches iflowered) or (ii) Refuse, Recyclable Materials or Organic Waste placed on top of or in the immediate vicinity of the Container, in bags or otherwise. l .40 Owner. The person(s) or entity(ies) holding legal title to a Premises.
1.41 Parties. The City and the Company.
1.42 Premises. Any parcel of real property in the Service Area where Solid Waste is produced, generated or accumulated, and includes Commercial Premises and Residential Premises.
1.43 Private Drive(s). A privately owned or maintained way serving less than one Residential Premises for every 100 yard distance.
Page S of 45
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331F
1.44 Private Road(s). A privately owned or maintained way that allows for access by a small wheel base service truck and which serves four or more Residential Premises.
1.45 Processing or Process. An operation or series of operations, whether involving equipment, manual labor, or mechanical or biological processes, that sorts, enhances, upgrades, concentrates, decontaminates, packages or otherwise prepares Solid Waste and returns them 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. Processing begins at the time Solid Waste is delivered to the Processing Facility and ends when the finished Processed materials are sold or reused, and the residue is properly Disposed.
1.46 Processing Facility. Any facility selected by Company which is designed, operated and legally permitted for the purpose of receiving and Processing Organic Waste, Recyclable C&D and/or Recyclable Materials.
1.47 Public Street(s). A public way used for public travel.
1.48 Recyclable C&D. C&D Debris that is placed in a Bin, Roll-Off or other receptacle, at least 95% of which will be recycled.
1.49 Recyclable Materials or Recyclables. Materials set forth in Exhibit I attached hereto. This definition of Recyclable Materials shall also include Recyclable Materials commingled with non-Recyclable Materials, so long as (a) non-Recyclable Materials constitute 10% or less of the total commingled volume and weight, and (b) the commingled materials do not contain any Excluded Waste or Unacceptable Materials. The list of Recyclable Materials may be modified upon written agreement of the parties.
1.50 Recycle or Recycling. The Processing of Recyclable C&D or Recyclable Material.
1.51 Refuse. Solid Waste which is permitted for disposal in a Class III landfill and which has been placed in a Container with the intention of Collection and Disposal, but excludes Excluded Waste.
1.52 Residential Premises. A residence, which may include one or more buildings, with three (3) or fewer dwelling units, when each dwelling unit is designed or used for occupancy by one ( l) or more individuals. However, mobile home parks utilizing Binbased Refuse services and centralized billing shall be Multi-Family Complexes, which are deemed Commercial Premises.
1.53 Residential Organic Waste Service. The Collection and Processing of Organic Waste from Residential Premises.
1.54 Residential Recycling Service. The Collection and Recycling of Recyclable Materials from Residential Premises.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F
1.55 Residential Refuse Service. The Collection and Disposal of Refuse from Residential Premises.
1.56 Residential Services. Residential Organic Waste Service, Residential Recycling Service and Residential Refuse Service.
1.57 Roll-Off Container. A metal Container with a capacity often (10) or more cubic yards that is normally loaded onto a motor vehicle and transported to an appropriate facility.
1.58 SB 54. "SB 54" means State of California Senate Bill 54, Plastic Pollution Prevention and Packaging Producer Responsibility Act, approved June 30, 2022, and the regulations implementing the law, adding Chapter 3 within Part 3 of Division 30 of the California Public Resources Code.
1.59 SB 1383. ''SB 1383'' means Senate Bill 1383 of2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
1.60 Self-Haul. The process of whereby Solid Waste is removed from any premises, and which is transported personally by the owner or occupant of such premises (or by his or her employees) to any legally permitted processing or disposal site and in accordance with the requirements of the Municipal Code.
1.61 Service Area. The jurisdictional boundary of the City including all areas hereafter annexed or otherwise added to the territorial limits of the City.
1.62 Solid Waste. Defined in California Public Resources Code Section 40191, as that section may be amended from time to time, but excluding Exempt Waste.
1.63 Special Services. Specific service-related activities, including without limitation lock, gate, and long walk services, or other services for which no rate is established by the City, that is provided by the Company to Customers for which the Company may charge an additional fee.
l .64 State. The State of California.
1.65 Unacceptable Materials. Microwave trays, mirrors, window or auto glass, light bulbs, ceramics, porcelain, plastics unnumbered, plastic bags, coat hangers, glass cookware household items such as cooking pots, toasters, etc., and materials containing chemical or other properties which are deleterious or capable of causing material damage to any part of Company's property, its personnel or the public, or materially impairing the strength or the durability of the Company's structures or equipment.
Oocusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F l .66 Uncontrollable Circumstances; Force Majeure. Any acts of God, such as landslides, lightning, fires, storms, floods, pestilence, freezing, and earthquakes, explosions, sabotage, civil disturbances, acts of a public enemy, wars, blockades, riots, labor unrest, epidemics (if waste management employees are deemed "non-essential workers" or otherwise not permitted to work) , eminent domain, condemnation or other taking, unfavorable market conditions for those commodities associated with Recyclable Materials, or other events of a similar nature, not caused by the negligence or willful misconduct City or Company, 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. In order to constitute a force majeure, the event must be the proximate cause of the nonperformance of the contract. Events which could have been prevented by reasonable precautions, including compliance with agreements and applicable laws, shall not be considered an Uncontrollable Circumstance.
2. GRANT OF EXCLUSIVE AGREEMENT.
2.1. Scope of Exclusive Franchise. Except as provided in Section 2.3 below, City hereby grants to Company, for the term hereinafter set forth, the exclusive right and privilege to perform the Franchise Services. Except as provided in Section 2.3 below, participation in the Company's Franchise Services shall be mandatory for all Premises in the Service Area.
The Company shall dispose of all Refuse collected under this Agreement at the Designated Disposal Site. •
2.2. Company Responsibility. Company hereby accepts and assumes responsibility to perform and fulfill all the terms, covenants, conditions, and obligations required under this Agreement. Company agrees to perform all of its obligations under this Agreement for the term hereof. Company shall furnish all the labor and equipment necessary for the Franchise Services, subject to the terms, conditions and provisions of this Agreement.
2.3. Exceptions to Franchise. The categories of materials and services listed below may be collected or provided by others, provided that nothing in this Franchise Agreement is intended to or shall be construed to excuse any person from obtaining any authorization from the City which is otherwise required by law:
2.3.1 . Compactors for Recyclable Materials. Rental, lease or sale of Compactors, provided that such equipment is compatible with Company equipment and that the Company shall have the exclusive right to provide Collection services for Compactors (unless Section 2.3.4 applies).
2.3.2. Self-Haul. Customers may choose to Self-haul Solid Waste to Disposal or Processing Facilities, to the extent authorized by the Municipal Code.
2.3.3. Gardeners and Landscapers. The collection, transportation, and disposal of Green Waste and related Solid Waste by a gardener, or landscaper, as an incidental
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F part of the gardening or landscaping services provided to its customers, rather than as a hauling service, provided that such Solid Waste is not collected or transported by a third party hired for the primary purpose of collecting and transporting said materials.
2.3 .4. Incidental Hauling of Construction and Demolition Debris. C&D Debris that is incidentally removed by a duly licensed construction or demolition contractor as part of a total service offered by such licensed company, and where the licensed company uses its own equipment and employees.
2.3.5. Sold Recyclable C&D. Collection and Recycling of Recyclable C&D by a third party, provided at least ninety-five percent (95%) of each load is actually Recycled and for which the generator receives payment. To the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the collection, transportation, transfer, or processing of Recyclable C&D to any person or entity other than Company, the fact that the generator receives a reduction or discount in price ( or in other terms of the consideration the generator is required to pay) shall not constitute "receiving payment," and such Recyclable C&D shall be exclusive to Company.
2.3.6. Sold Recyclables. Collection and Recycling of Recyclable Materials by a third party for which the generator receives payment. To the extent permitted by law, if the generator is required to pay monetary or non-monetary consideration for the collection, transportation, transfer, or processing of Recyclable Materials to any person or entity other than Company, the fact that the generator receives a reduction or discount in price (or in other terms of the consideration the generator is required to pay) shall not constitute "receiving payment," and such Recyclable Materials shall be exclusive to Company.
2.3.7. Donated Recyclable Materials. Recyclable Materials or Recyclable C&D that are donated by the generator to a third party not in the business of collecting and/or recycling products. This provision is enforceable only to the extent permitted by Applicable Law.
2.3.8. State Governmental Entities. The Company's exclusive franchise in this Agreement shall not include facilities owned by the State of California if and to the extent the City has no legal power to include them in the exclusive franchise.
Regardless of the above exceptions, each Commercial and Residential Premises must pay for Company's Commercial or Residential Refuse Services, respectively.
2.4. Term of Agreement. The initial term of this Agreement shall be for the period commencing on the Effective Date, January I, 2026, and ending on June 30, 2035 (the "Initial Term"), unless terminated earlier pursuant to Section 6.5 of this Agreement.
Thereafter, this Agreement may be extended for up to two successive renewal terms of four years each (each a "Renewal Term") in the parties' mutual discretion. The parties may exercise each Renewal Term in a writing executed by both parties at least 180 days'
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331 F prior, or a lesser period mutually agreed upon by the parties, to the end of the Initial Term or any applicable Renewal Term.
2.5. Title to Solid Waste. Once Franchise Materials are placed in Company's or other approved Containers and at the Collection location, or is otherwise set-out for Collection in an approved manner, the responsibility for their proper handling shall transfer directly from the generator to Company. Once Franchise Materials are deposited by Company at the Designated Disposal Site or Processing Facility, such materials shall become the responsibility of the owner or operator of such facility. Responsibility for any Hazardous Waste commingled with Franchise Materials that has been inadvertently collected by the Company shall remain with the Company if it cannot identify the generator, and Company shall assume all responsibility for its proper Disposal.
2.6. Anti-Scavenging Enforcement. Contractor may enforce the exclusivity provision of this Agreement against third party violators, including but not limited to seeking injunctive relief, and the City may cooperate in such enforcement actions brought by Company in its sole discretion.
2. 7. Non-Compaction of Franchise Materials. Customers may not, itself or through another party, compact material placed in Company-provided containers, as such compaction may damage Company containers.
3. FRANCHISE FEE.
3. l. City Franchise Fee. On or before the 15th day of each month during this Agreement, Company shall pay City a "Franchise Fee" of eight percent (8%) of all Gross Revenue received by Company under this Agreement during the previous month. For purposes of this Agreement, "Gross Revenue" means revenue actually received from Customers for their payment of Rates. Gross Revenue does not include revenue from non-exclusive services or the sale of Recyclable Materials.
3.2. Late Payments. If the Franchise Fee is not paid on time, Company shall pay City ten percent (10%) interest per year or the maximum amount permitted by law, whichever is less.
3.3. Records. Company shall maintain records evidencing or relating to charges for services, or disbursements to City and the Collection and disposition of Franchise Materials for a minimum period of three (3) years, or for any longer period required by Applicable Law, from the date of final payment to Company pursuant to this Agreement. Company shall maintain all documents and records that demonstrate performance under this Agreement, including those required under Exhibit 4, Section 4, for a minimum period of three (3) years, or for any longer period required by Applicable Law, from the date of termination or completion of this Agreement. 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. Copies of such documents shall be provided to City for inspection at City Hall when it is practical to do so. Otherwise,
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F unless an alternative is mutually agreed upon, the records shall be available at Company's address indicated for receipt of notices in this Agreement. Unless otherwise provided by law, records that Company considers confidential shall be reviewed only at Company's office and may not be copied or removed unless the City and Company have agreed upon a protocol to ensure their continued confidentiality. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Company's business, City may, by written request or demand, require that custody of the records be given to 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 Company, Company's representatives, or Company's successor-in-interest.
3.4. Audit. The relevant books and records of Company shall be subject to audit and inspection for the purpose of reviewing operations, accounts receivable and customer service, by either Party, its auditors or other agents, at any reasonable time upon reasonable notice.
Such audit or inspection shall take place at a City facility, if reasonably practicable. The City shall initially bear the cost of such audit. If such audit discloses a material breach of this Agreement or an underpayment of other sums due to the City under this Agreement in excess of five percent (5%) of the amount which should have been paid, Company shall promptly tender to the City the amount of such underpayment, together with annual interest at the rate of ten percent (10%) 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 (5%), Company shall promptly repay such underpayment, together with annual interest at the rate often percent (10%) 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. Unless otherwise provided by law, records that Company considers confidential shall be reviewed only at Company's office and may not be copied or removed unless the City and Company have agreed upon a protocol to ensure their continued confidentiality.
4. SERVICES PROVIDED BY COMPANY. Company shall, in accordance with the tenns of this Agreement and Applicable Law, provide all labor, materials, facilities, services and equipment necessary to perform the Franchise Services.
4.1. Residential Services.
4.1.1. Carts. Company shall provide each Residential Premises one ( 1) 96 gallon or 64 gallon Cart designated for the Collection of Refuse ( a "Refuse Cart"), one ( 1) 64 gallon Cart designated for the Collection of Recyclable Materials (a "Recyclables Cart"), and one (1) 96 gallon Cart designated for the Collection of Organic Waste (an ''Organic Waste Cart"). Any Customer requesting smaller Carts will be provided with sixty-four (64) gallon Carts by Company instead of the standard ninety-six (96) gallon Carts noted above. Company may utilize Carts that were distributed to Customers in connection with the prior franchise agreement to satisfy is obligations under this Agreement. Until January 1, 2026, only Green Waste may be placed by
Docusign Envelope ID; 9CA8263A-654E-4DE3-9B89-459F5CC3331 F Customers in the Organic Waste Carts. Starting January I, 2026, Green and Food Waste may be placed in the Organic Waste Carts.
4.1.2. Cart Replacement. Company, without expense to the City or Customers, and within five work days after notice, shall provide one free replacement every four years of Carts that are lost, stolen or damaged (regardless of cause). Company may charge for additional replacement Carts based on the actual cost of the Carts and their delivery. Customers will be able to make a change in Cart size or number of Carts once every twelve months at no additional replacement cost. Company, without expense to the City or the Customer, shall provide Refuse Carts to a new Customer that has no such Carts within five work days of written request ( 14 days for Recyclables Carts and Organic Waste Carts). Company shall own and maintain all Carts at its expense, except as provided in this paragraph.
4.1.3. Curbside Placement. Customers shall place Carts at Curbside for Collection. If a Customer and Company cannot agree upon a Collection location, or if City determines the selected location may cause safety or other concerns, City may make the final determination of the Collection location. Customers must place Carts two feet apart from each other and five feet away from other obstacles like parked cars.
4.1.4. Frequency. Except as otherwise provided herein, (a) Residential Refuse Service shall be provided one (I) time per week in compliance with the approved Collection schedule, (b) Residential Recycling Service shall be provided every other week in compliance with the approved Collection schedule, and (c) Residential Organic Waste Service shall be provided every week in compliance with the approved Collection schedule. Collection shall be scheduled so that a Customer receives Residential Refuse Service, Residential Recycling Service, and Residential Organic Waste Service on the same weekday. The Company will only provide Residential Recycling Service to Residential Premises that receive and pay for Residential Refuse Service.
4.1.5. Schedule. Collections will be between 6:00 a.m. and 6:00 p.m., Monday through Friday. The hours, day, or both, of Collection shall be extended during periods of Force Majeure, in which case Company will give written notice to the City and the prior written consent of a City Representative will be required.
4.1.6. Company shall provide Residential Services with as little disturbance as possible and shall leave any Cart in an upright position at the same point it was collected, without obstructing alleys, roadways, driveways, sidewalks or mailboxes. Company shall promptly clean-up any spilled Franchise Materials caused by Company.
4.1.7. Senior Residential Services. Senior citizens may receive Residential Services (one Cart for each of Refuse, Recyclable Materials and Organic Waste) at the rate provided in Exhibit 2. In order to qualify for the reduced senior rate, the account holder residing at the property must be 65 years of age or older, as shown by driver's license or other identification acceptable to the City.
Oocusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F
4.2. Commercial Services.
4.2. l. Bundled Service. For the Commercial Solid Waste Collection Service system, Company shall provide Refuse Conatiners as requested by the Commercial Customer, and include at no additional cost one ( 1) 64-gallon blue Recyclable Materials Cart and one (l) 64-gallon green Organic Waste cart service as part of the base bundled Commercial Collection Service. Additional services may be requested by the Commercial Customer. To be exempted from Commercial Recyclable Materials Service or Commercial Organic Waste Collection Service, Customer must apply for exemption to the Company. All such exemption applications must be reported and approved by the City.
4.2.2. Commercial Refuse Service. Company shall provide Commercial Refuse Service as frequently as negotiated with each Commercial Premises, but in no event less than once per week. Company will work with each Customer to customize the appropriate level of service. Customers will have the option to select the appropriate Cart size or I, 1.5, 2, 3, 4, and 6-cubic yard bins for Commercial Refuse Service. The 6-cubic yard bins will not have wheels. Refuse Containers shall be provided within fifteen ( 15) working days of sign-up and provision of a proper site. Refuse Containers shall be sited in accordance with all policies and regulations of the City.
4.2.3. Commercial Recycling Service. Company shall provide Commercial Recycling Service as frequently as negotiated with each Commercial Premises, but in no event less than every other week. Company will work with each Customer to customize the appropriate level of service. Customers will have the option to select the appropriate Cart size or 2, 3, 4, and 6-cubic yard bins for Commercial Recycling Service. The 6- cubic yard bins will not have wheels. Recycling Containers shall be provided within fifteen ( 15) working days of sign-up and provision of a proper site. Recycling Containers shall be sited in accordance with all policies and regulations of the City.
4.2.4. Commercial Organic Waste Service. Company shall provide Commercial Organic Waste Service as frequently as negotiated with each Commercial Premises, but in no event less than every week. Company shall provide Commercial Organic Waste Service as frequently as negotiated with each Customer, but in no event less than every week. Company will work with each Customer to customize the appropriate level of service. Customers will have the option to select the appropriate Cart size or 2. 3, 4, and 6-cubic yard bins for Commercial Organic Waste Service.
The 6-cubic yard bins will not have wheels. Organic Waste Containers shall be provided within fifteen ( 15) working days of sign-up and provision of a proper site.
Organic Waste Containers shall be sited in accordance with all policies and regulations of the City.
4.2.5. Schedule. Collections from Commercial Premises will be between 4:00 a.m. and 6:00 p.m., Monday through Friday. The hours, day, or both of Collection may be extended due to during periods of Force Majeure, in which case Company will give written notice to the City and the prior written consent of a City Representative will
Docusign Envelope ID; 9CA8263A-654E-4DE3-9B89-459F5CC3331 F be required.Notwithstanding the foregoing, in the event required by unusual or emergency circumstances, or temporary changes needed to accommodate seasonal fluctuation in Collection needs, the City may authorize a modification to the above time limitations in its sole discretion.
4.3. C&D Debris Services.
4.3.1. Company shall have the exclusive right to provide C&D Debris Services, except as provided in Section 2.3. Company my impound containers in violation of Company's exclusive rights, and charge towing and storage fees before releasing such containers to the owner. Any impoundment will be done consistent with California law with any required notice provided to the violating party in advance of the impoundment.
4.3.2. Company shall provide C&D Debris Services as frequently as negotiated with each Customer. Company will work with each Customer to determine the appropriate Bin or Roll-Off Container and frequency of service.
4.3.3. Company shall encourage builders and demolition companies to source-separate their C&D for future recycling. Prior to disposal, Company shall have the right to salvage C&D Debris collected pursuant to this Agreement and to retain funds derived therefrom.
4.4. City Services. Company shall perform the City Services at facilities identified in Exhibit 3 according to the specified service levels and collection frequency.
4.5. Residential Disposal Vouchers. Each Residential Premises may receive one (1) voucher per calendar year for the free disposal of up to three (3) yards of Solid Waste or three (3) Bulky Waste items at the Designated Disposal Site. The City will be responsible for distributing the vouchers.
4.6. On-Call Pick-Up. Company shall provide on-call pick-up service to any Residential Premises or Multi-Family Complexes upon request. Company may charge a fee for this service as specified in Exhibit 2.
4.7. Christmas Tree Pickup. On the first two normal collection days after January 1, each Residential Premises may place at curbside the following additional materials:
undecorated Christmas trees (no longer than 6 feet) and bagged or bundled additional Refuse, up to 96 gallons in total, and each bag or bundle weighing no more than 50 pounds.
Such material will be collected for no additional charge to the Customer.
4.8. Contamination; Overage.
4.8.1. Company must offer the Customers the correct combination of Cart and Bin sizes and Collection frequency beyond the minimum bundled service requirements, as necessary, that matches their unique service needs to reduce contamination of Recyclable Materials and Organic Waste.
Oocusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F
4.8.2. Company's route Collection personnel will report to Company's supervisors if they observe potential contamination problems and/or insufficient Collection capacity. For purposes of determining if Recyclable Materials or Organic Waste are deemed to be contaminated, if, by visual or digital inspection, Recyclable Materials are commingled with ten percent ( 10%) by weight or volume of Garbage or Organic Waste, or if, by visual inspection, Organic Waste is commingled with three percent (3%) by volume of Garbage or Recyclable Materials, then Recyclable Materials and/or Organic Waste will be deemed to be contaminated.
4.8.3. Roll-Out Period - Education and Outreach. During the period beginning on the Effective Date and ending 60 days later (the "Roll-Out Period"), Company shall provide an education program designed to minimize instances of Contamination and Overage. During the Roll-Out Period, where Company documents that a particular Customer has Contamination or Overage, Company shall collect the offending Container (where it can be done safely and excluding material laying on ground) and provide notice to the Customer with the following information (a ''Violation Notice"):
• Date of the offense;
• Description of the offense;
• If available, a photograph or video ( or link to photograph or video); • A description of the materials that are appropriate for collection in said Container and a link to view online with educational materials; and • A website to obtain additional information and/or receive responses to questions the Customer may have.
During the Roll-Out Period, Company shall not impose a Contamination or Overage Charge.
4.8.4. Post Roll-Out Period. The following shall apply after the Roll-Out Period:
4.8.4. l. Contamination.
4.8.4.1.1. First and Second Occurrences. Company shall service Containers with Contamination except where there is visible Unacceptable Materials.
Company shall provide a Violation Notice, where such contact information has been provided.
4.8.4.1.2. Third and Subsequent Occurrences. Company may opt to not collect Recyclable Materials or Organic Waste Containers with Contamination; in such event, the Customer may request the Container be collected as Refuse, and an additional fee as specified in Exhibit 2 will apply. Alternatively, Company may collect a Container with Contamination and increase the Customer's Refuse service level (i.e., larger or additional Refuse Containers) and charge for such additional service. Contractor must document contamination issue and surcharge and notify City within five (5) Business Days if Contractor increases the
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331 F Container size or Collection frequency for excessive contamination. Such service level increases may be made by Company where Customer continues to have Contamination incidents. Customer may request that such service level increases be reduced if there have been no incidents of Contamination for twelve months.
4.8.4.2. Overage.
4.8.4.2. l. First and Second Occurrences. Company shall collect Overage except regarding material laying outside the Container. Company will provide a Violation Notice.
4.8.4.2.2. Third and Subsequent Occurrences. Company shall collect Overage except regarding material laying outside the Container. Company will provide a Violation Notice. Company may increase the Customer's Refuse service level (i.e., larger or additional Refuse Containers) and charge for such additional service. Such service level increases may be made by Company where Customer continues to have Overage incidents.
Customer may request that such service level increases be reduced if there have been no incidents of Overage for twelve months.
4.9. SB 1383 Contamination Monitoring.
4. 9 .1. Route Review Contamination Monitoring.
4.9.1. l. Methodology and Frequency. Company shall, at its sole expense, conduct Collector Route Reviews for Prohibited Container Contaminants (defined in SB 1383) in Collection Containers in a manner that is deemed safe by the Company and is conducted in a manner that results in all Company routes being reviewed annually or more frequently. Company shall develop a Collector Route Review methodology to accomplish the above Container inspection requirements and such methodology shall comply with the requirements of 14 CCR Section l8984.5(b).
4.9. l.2. Noticing of Generators with Contamination, Non-Collection, and Disposal of Materials. Upon finding Prohibited Container Contaminants in a Container, Company shall follow the Violation Notice procedures and contaminated Container handling protocols set forth in Section 4.8.3 and 4.8.4.
4.9.1.3. Reporting Requirements. Company shall maintain records and report to the City on contamination monitoring activities and actions taken, in accordance with Exhibit 4.
5. OTHER COMPANY REQUIREMENTS.
5.1. General.
5.1.1. Company Provided Equipment and Vehicles. Company shall provide an adequate number of vehicles and equipment to perform the Franchise Services. All vehicles used by Company under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, shall be, uniformly painted and shall be washed on a frequency
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F reasonably detennined by Company. Company's name, phone number and vehicle number shall be prominently displayed on its vehicles. Company shall furnish a listing of equipment utilized to perfonn all services included in this Agreement upon request by City. Company's vehicles shall comply with all Applicable Laws, including any alternative fuel or air quality requirements. Upon request by City, Company shall provide letter certification that any vehicles in use to honor the tenns of this Agreement do comply with all Applicable Laws.
5.1. l. l. Company's obligations and/or scope of services under this Agreement exclude any existing requirements regarding the future conversion of fleets, or any part thereof, to Zero-emissions (ZEV) or Near-zero-emissions (NZEV) vehicle(s) or the future acquisition, hiring or use of ZEVs or NZEVs under Applicable Law, including without limitation Sections 2015 et seq. of Title 13 of the California Code of Regulations. Should future interpretation, implementation and enforcement of such existing Applicable Law apply to any Company's vehicles used in the provision of services under this Agreement during the Tenn, then City and Company shall meet and confer in good faith to amend this Agreement to incorporate provisions and obligations reasonably necessary to comply with such Applicable Law, and for Company to receive a rate adjustment in accordance with Section 6.2, for such change in Company's obligations and/or scope of services under this Agreement.
5.1.2. Illegal Hauling. Company may confiscate containers being used to infringe on Company's exclusive rights under this Agreement. Before confiscating such containers, Company shall provide 48 hours written notice to the violating hauler, or longer ifrequired under California law, that it must remove the containers and notifiy City Representative of intent.
5.1.3. Collection on Holidays. If the day of Collection on any given route falls on New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day or Christmas Day, or a holiday observed by the Designated Disposal Site to which the City's Franchise Materials are disposed, Company shall provide Collection for such route on the next workday following such holiday, thereby adjusting subsequent workdays that week.
5.1.4. Private Drives and Inaccessible Areas. For Premises on Private Roads or roads that Company reasonably deems a risk to employees or its equipment, Company may (a) require that Collections be done at the nearest Public Street or other location deemed safe by Company, or (b) that all Premises on such road execute a waiver releasing Company from liability.
5.1.5. Employees. Company shall exercise reasonable care to hire responsible employees, to supervise the work of such employees, and to discipline and, if necessary and consistent with Company's legal and contractual obligations, discharge an employee failing to meet reasonable standards for perfonnance of work under this Agreement.
Company shall comply with applicable state and federal law pertaining to
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F employment including, but not limited to, applicable equal opportunity employment and affirmative action requirements.
5.1.6. Manner of Collection. Company shall collect Containers in a quiet and courteous manner and ensure that all Carts and Bins are placed on the premises from which they were removed in an upright position, with lids closed, and within five (5) feet of where they were originally placed before collection. Company shall promptly clean-up any spilled Franchise Materials caused by Company.
5.1.7. Service Schedule. By the end of January of each calendar year, Company shall provide calendars (which may be in "pdf' or other similar format) identifying the schedule for Refuse, Recyclable Materials, and Organic Waste Collection for that calendar year. The calendar shall provide adequate detail for customers to identify specific service days for specific service areas. Hard copies of the calendars shall be made available to Customers upon request. Shasta County may supply Company with digital quarterly newsletters for Company to include in normal billing statements to Customers.
5.1.8. Service Complaints. All service complaints shall be directed to Company.
Company shall record all complaints duly received and Company agrees to use its best efforts to resolve all such complaints within the following two (2) business days.
5.1.8. l. Complaint. Company agrees to maintain records of all oral and written service complaints registered with Company from Customers or the public within Service Area. Company shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all complaints. Complaints that cannot be reasonably resolved may be appealed to the City Administrator or designee for final resolution. Company shall record all written and oral complaints, noting the name and address of complainant, date and time of complaint, nature of complaint, and nature and date of resolution. Such records shall be kept so that representatives of the City, upon request, may conveniently inspect it.
5.1.8.2. Complaint Response. Company shall respond to all complaints, other than missed pickups, within twenty-four (24) business hours.
5.1.8.3. Missed Pickups. In the event of a missed pickup, Company shall complete the pickup the next business day if the complaint is received by 3:00 p.m., and by the end of the second business day if the complaint is received after 3:00 p.m.
If Company has video evidence that Customer did not put a Container out, Customer can schedule another service for a fee, if not the next scheduled service day. Next business day following notification.
5.1.8.4. Telephone. The Company shall maintain a toll-free telephone system during office hours (8:00 a.m. to 5:00 p.m. Pacific Standard Time), which will have available English and Spanish-language service representatives sufficient
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89459F5CC3331F to handle the volume of calls typically experienced by the Company. Customers must be able to reach the Company's office by phone during office hours.
5.2. Change in Operations, Administration or Schedule. Company shall notify the City in writing of any material changes to its operations relating to the Franchise Services (e.g. vehicle routes, collection schedule, equipment type, crew size) five (5) days in advance (when practical) of the time such material change is implemented. Any changes to Company's Collections operation shall meet the service requirements and performance standards and all other terms of this Agreement. In the case of changes to the Collection schedule, Company must notify all affected customers at least (14) days prior to any change in the Collection day. Company shall not permit any Customer to go more than seven (7) days without Refuse Collection service in connection with a Collection schedule change other than in the event of an Uncontrollable Circumstance.
5.3. Addition of New Non-Franchise Services. Upon receiving a written request from the City, Company shall provide any other non-exclusive services not covered by this Franchise, and that it is qualified to provide, including, but not limited to, assistance to the City in the event of natural disasters, subject to establishment of appropriate and mutually agreed upon compensation for providing the service.
5.4. SB 1383 Compost Procurement. Annually, Company shall pay City $20,000, and City shall use such funds toward its annual SB 1383 recovered organic waste product procurement target. Such $20,000 shall be adjusted annually by the change in CPI pursuant to Section 6.2.
6. SERVICE RA TES.
6.1. Amount of Service Rates. As of the Effective Date of this Agreement, the rates for Franchise Services (the "Rates") are as set forth in Exhibit 2. Company may establish charges for Special Services that are not specified in Exhibit 2 with written approval from the City.
6.2. CPI Adjustment. The Rates shall be adjusted on July I st of each year, beginning July I, 2026, and annually thereafter to reflect one hundred percent (100%) of the annual change in the CPI: Urban Consumer - Garbage and trash collection (the ·'CPI"), compiled and published by the United States Department of Labor; Bureau of Labor Statistics, based on one hundred percent ( I 00%) of the annual percentage change in the CPI for twelve months ending December 31 of the previous year as compared to the twelve months ending December 31 of the next previous year; provided, however, that no single CPI adjustment shall exceed five percent (5%) or be lower than one percent (I %.) Any CPI amount exceeding 5% or below 1 % shall be carried over and applied to the following year or years, provided that the change in any year shall not exceed 5% or be lower than I%. Any adjustments will be performed consistent with California law, including Proposition 218, if applicable.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331F
6.3. Redirection of Refuse. In the event that the City redirects Refuse to somewhere other than the Designated Disposal Facility, and such change results in a material increase or decrease in costs and/or increase or decrease in revenues to Company, the Rates shall be adjusted to offset in full such increase or decrease in costs or revenues.
6.4. Extraordinary Rate Adjustments. The Rates are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the annual CPI adjustment provided by Section 6.2, the Rates shall, upon written request of Company, be further adjusted on an interim basis, in compliance with Proposition 218, if required, for increased expenses or reduced revenue associated with performance of the services hereunder due to any one or more of the following causes:
6.4.1. any change in Applicable Law pertaining to the handling, processing or disposal of Franchise Materials that is effective after the signature date of this Agreement and causes a direct increase in the cost or reduced revenue to Company to provide the services required under this Agreement;
6.4.2. any increase in costs for disposal of Solid Waste or the processing of Recyclable Materials or Organic Waste, if such Solid Waste, Recyclable Materials or Organic Waste are being disposed of or processed at a third party facility not owned or operated by Company;
6.4.3. any increase in surcharges, fees, assessments or taxes levied by federal. state or local regulatory authorities or other governmental entities upon the collection, processing, or disposal of Solid Waste, Recyclable Materials, or Organic Waste; or
6.4.4. a material fluctuation in the market or market price of a Recyclable Material, material increases in the cost of collection, handling, processing, storing, transporting, marketing, or sale or other disposition of Recyclable Materials, the need for increased promotional or educational activities pertaining to recycling, or any changes to the definition of "Recyclable Materials" set forth herein.
If Company requests an adjustment due to the extraordinary circumstances set forth above, Company shall prepare a rate adjustment request setting forth its calculation of the increase costs and accompanying rate adjustment necessary to offset such increased costs or reduced revenue. The City may request any and all documentation and data reasonably necessary to evaluate such request by Company, and may retain, at its own expense, an independent third party to audit and review such documentation and such request. If such third party is retained, the City shall take reasonable steps, consistent with state law, to protect the confidential or proprietary nature of any data or information supplied by Company. The City shall act within ninety (90) days of receipt of the request from Company, and shall either approve or disapprove the request, provided that approval shall be given with properly supported requests.
Notwithstanding the foregoing, if the request is based upon any new or increased third party fees, taxes, assessments or charges, the City shall approve the interim rate adjustment
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F within such time period as necessary to ensure that such fees, taxes, assessments or charges are passed on to Customers by the date the same are effective.
6.5. Procedures in Event of Invalidation of Rate Adjustment. In the event that City is unable by operation of Applicable Law, including a successful Proposition 218 challenge, to approve or implement a rate increase under this Article 6, or some or all of the Maximum Service Rates are disallowed by operation of Applicable Law, Company will have the right, within thirty (30) days after notice of any such inability to approve or invalidation of an approved rate increase, to request, in writing, that City negotiate in good faith regarding reductions in programs, services, or fees to compensate for any negative impact from the unapproved or invalidated rate increase. If City fails to negotiate such adjutments in good faith, Company may terminate this Agreement no earlier than one hundred and eighty ( 180) days after written notice to the other, and shall have all other remedies under Applicable Law, limited to the City's failure to negotiate in good faith.
6.6. Billing and Collection of Accounts. Company shall bill Customers for the Franchise Services (e.g., Residential Services, Commercial Services, C&D Debris Services). Such billings may cover the periods and be collected by the methods hereinafter set forth.
Company shall bill for Residential Services quarterly and Commercial Services monthly, in advance; C&D Debris Services may be billed in arrears. Payment with respect to each such bill shall be due within 30 days; thereafter the bill shall be considered delinquent, and Company may discontinue service and require Customers to pay interest as permitted by law, late fees, collection costs, and other amounts set forth in Exhibit 2. To the extent permitted by Applicable Law, Owners of a Premises receiving Franchise Services shall be jointly responsible for payment of amounts due Company. Company shall also bill and receive fees for performance of Special Services as agreed upon in separate contracts between Company and each customer requesting such Special Service. With regard to delinquent amounts owed to Company, at the request of Company, the City will (a) include such amounts in City utility bills to such customers, and (ii) implement liens on relevant property for such amounts.
6.7. Special Assessment. Amounts owed by delinquent Commercial and Residential Customers shall be submitted by the City to Shasta County for special assessment pursuant to California Government Code §§ 38790. l and 25831. Prior to such delinquent amounts being submitted to Shasta County for special assessment, Company and City shall follow the procedures set forth below.
6.7.1. Pre-Special Assessment Process Activities
6.7.1.1 . Prior to January 20, Company's billing department will obtain the most current parcel data information for the City.
6.7.1.2. Using the current parcel data, Company's billing department will reconcile parcel data with Company's customer service database to update and match parcel owner and address information. Once this reconciliation process is complete, Company will start the Special Assessment Process.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F
6.7. l.3. By February 15, City to review the list, reconcile it against their records, and provide feedback to Company.
6.7.2. Special Assessment Letter to Owners
6.7.2.l. Prior to March 1, Company's billing department will identify all customers that are delinquent for over 120 days and subject to the Special Assessment.
6.7.2.2. On or before March l, Company will send out the first "Delinquency Subject to Special Assessment" letter to all owners and tenants. Company letter to property owners will advise owners of their obligation to pay for Franchise Services and related charges and fees for properties they own. Owners are ultimately responsible for payment, even if the tenant has agreed to pay for the services in their rental agreement.
6.7.2.3. On or before April 1, Company will send out the second "Delinquency Subject to Special Assessment" letter to all owners and tenants.
6.7.2.4. On or before May 15, Company will send out its third and Final "Delinquency Subject to Special Assessment" letter to all owners and tenants.
6.7.2.5. On or before June 10, City will send out a Final Request for Payment to owners of all remaining delinquent accounts, advising the owner that payment is due by June 30, or a special assessment will be placed on the property.
6.7.3. Company will apply all payments received on or before June 30 to the respective delinquent accounts. Remaining delinquent accounts are placed on the final Special Assessment List, which Company gives to the City.
6.7.4. The City Council reviews each account on the final list and either approves or denies placement of the Special Assessment on the property. City may only remove a parcel from the list due to inaccuracy or if Company does not include the parcel on each mailing list as described in this section.
6.7.5. After the City Council completes its review and renders decisions on placement of the Special Assessments on the properties listed {by July 15), the Special Assessment List will be updated and provided to Company. (August).
6.7.6. Regarding accounts that the City approves for Special Assessment, Company will apply a credit to the specific account invoices and create one ( l) General Special Assessment Account. On all accounts the City denies the Special Assessment, Contractor will review and determine if the account will be pursued for Special Assessment the following year or will take other necessary actions to resolve the status of the account. U!!!Y.l
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F
6.7.7. City will pay Company within 60 days of receiving special assessment payments from the County.
6.7.8. Monies received by Company from the City are applied to the General Special Assessment account.
6.8. Customers that pay their invoices using credit cards, debit cards and digital wallets may be subject to a convenience fee charge by the payment system provider ($1.99 per transaction for residential service; $9.99 USD per transaction for commercial service; fee amount subject to change.) The convenience fee amount will be disclosed to Customers during the bill payment process and they will have the opportunity to consent to the convenience fee, or to pay their invoices by direct electronic debit from a bank account (e.g., Automated Clearing House or ACH network in the U.S. / Pre-Authorized Debit or PAD in Canada) for which no convenience fee will be applied.
7. REPORTS. Company will provide the City with reports that contain the information required by the City pursuant to Applicable Law, including but not limited to the records and reports maintained in accordance with Exhibit 4, and for the City to measure Company's performance of items in this Agreement, but limited to information directly attributable to the Franchise Services provided under this Agreement. The frequency and content of the reports shall be determined by the City, provided that reports will not be required more than once a month and they do not increase Company's costs.
8. INDEMNITY, INSURANCE.
8.1. Indemnification of City. Company agrees to and shall indemnify, defend, with counsel acceptable to the City, and hold harmless City, its officers, officials, employees, volunteers, agents and assigns from and against any and all damages ( whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, strict liability, product liability, or for contribution or indemnity claimed by third parties) (collectively, "Claims") to the extent caused by the Company's, its agents, employees, affiliates and subcontractors, breach of this Agreement, violation of Applicable Law, negligence or willful misconduct. The foregoing indemnity shall apply regardless of whether such loss is also caused in part by any of City's negligence, though Company's liability shall be reduced to the extent of the City's negligence. The indemnification set forth in this Section shall not be limited by the insurance requirements set forth in this Agreement.
8.2. Evaluation of Liability. The Company's obligation to defend, hold harmless and indemnify shall not be excused because of the Company's inability to evaluate liability or because the Company evaluates liability and determines that the Company is not liable to the claimant. The Company must respond within thirty (30) days to the tender of a claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Company fails to accept or reject a tender of defense and indemnity within
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F thirty (30) days, in addition to any other remedy authorized by law, so much of the money due to the Company by virtue of this Agreement as shall reasonably be considered necessary by the City may be retained by the City until final disposition has been made on the claim of suit for damages, or until the Company accepts or rejects the tender of defense, whichever occurs first.
8.3. AB 939. To the extent permitted by Public Resources Code Section 40059.l, and to the extent noncompliance is caused by Company's breach of or noncompliance with a provision of this Agreement, Company agrees to indemnify, 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 collected by Company under this Agreement.
8.4. Hazardous Waste. Company 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 attorney 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 Company 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 not apply with respect to: (I) any Hazardous Waste or hazardous substance generated by the City or its agents and delivered by the City or its agents; or (2) the disposal or release of hazardous substances or Hazardous Waste, which disposal or release has resulted from the negligence or willful misconduct of the City or its agents.
8.5. Insurance Scope and Limits. Company shall procure and maintain for the duration of the contract, and any extensions, 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 Company, his officers, agents, representatives, employees or subcommands.
The maintenance of claims made against any insurance required of Company shall not be considered a waiver by City of any claim or liabilities it may have against Company.
8.5. l. Minimum Limits of Insurance. Company shall maintain insurance coverage of the following type and with limits no less than:
Docusign Envelope ID: 9CA8263A-654E-4DE3·9B89-459F5CC3331F
8.5.1.1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.
8.5.1.2. Worker's Compensation and Employer's Liability: Statutory limits.
8.5. l .3. Auto Liability: $2,000,000 per accident for bodily injury and property damage.
8.5.1.4. Pollution Legal Liability: $10,000,000 per occurrence and $10,000,000 annual in the aggregate covering liability arising from the release of waste material and/or irritants, contamination or pollutants.
8.5. l .5. Claims Made Coverage. If General Liability or Pollution Legal Liability coverage is written on a claims made form:
8.5.1.5. l. The "Retro Date" must be shown and must be before the date of the contract or the beginning of the contract work.
8.5.1.5.2. Insurance must be matained, and evidence of insurance must be provided for at least five (5) years after completion of the contract work.
8.5.1.5.3. If coverage is cancelled or non-renewed, and not replaced with another claims made policy from with a ''Retro Date'' prior to the contract effective date, the Company must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
8.5.1.6. Acceptability of Insurers. Insurance is to be placed with insurers licensed to transaction business in California with a current A.M. Best's rating of no less than A:Vll. If pollution and/or Environmental Impairment and/or Umbrella/Excess coverage are not available from an admitted insurer, the coverage may be written with the City's permission, by a non-admitted insurance company. A non-admitted company should have an A.M. Best's rating of A:X or higher.
8.5.2. Deductible and Self-Insured Retentions. All deductibles or self-insured retentions are for the account of Company and shall be the sole responsibility of Company and paid entirely by Company without contribution from City.
8.5.3. Non-cancellation: Each insurance policy provided to City by Company shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days written notice to the City.
8.5.4. Waiver of Subrogation: Company agrees to waive subrogation which any insurer may require of Company by virtue of payment for any loss. Company agrees to obtain any endorsement which may be needed to affect this waiver. The Worker's Compensation policy shall also be endorsed with a waiver of subrogation in favor of the City for all work performed by the Company, its employees, agents and subcontractors.
8.5.5. Subcontractors: Company shall require and verify that all subcontractors maintain insurance meeting all requirements set forth above. Proof thereof shall be provided to City prior to commencement of any work by subcontractors.
Oocuslgn Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F
8.5.6. Verification of Coverage. Company shall furnish the City with endorsements effecting coverage required by this clause or certificates evidencing such coverage.
The endorsements or certificates are to be signed by a person authorized by that Insurance Company to bind coverage on its behalf.
8.5. 7. Additional Insured; Certificate: The liability insurance policies shall name the City and its officers and employees, and the authorized agents of any of them, as additional insureds via blanket form endorsement. Company shall provide the City with a certificate of insurance duly executed by Company's insurance carrier or authorized agent which shall serve as evidence of the continued existence of Company's insurance policies required hereunder and which shall contain a provision that the coverage thereunder will not be cancelled without thirty (30) days prior written notice given to City,.
9. EVENTS OF DEFAULT; TERMINATION.
9.1. Except for the occurrence or existence of Uncontrollable Circumstances, in the event of any material failure or refusal of a Party to comply with any obligation or duty under this Agreement, the City and Company shall meet and confer in good faith in an effort to agree on a resolution of the breach. If the Parties are unable to agree on the informal resolution the breach, and the breaching Party is in violation of a material provision of this Agreement, the other Party may provide the breaching Party with written notice of the default, stating the specific reasons for default and the provisions of the Agreement which have been violated. The breaching Party shall then have fifteen ( 15) days to cure such default, or commence to cure such default if it is of a nature that cannot be cured within the prescribed timeframe; provided, however, if the breach (other than one caused by an Uncontrollable Circumstance) results in an imminent threat to public health, safety or welfare, the breaching Party shall use commercially reasonable efforts to cure the breach immediately. If the breaching Party fails to cure the default within the stated period, or fails to commence such cure in a manner reasonably satisfactory to remedy the stated reason, then the other Party may at its option terminate all or a portion of this Agreement.
9.2. Notwithstanding Section 9.1, the following events will result in the City having the option to terminate the Agreement without providing Company an opportunity to cure: (i) there is a seizure or attachment (other than a prejudgment attachment) of, or levy affecting possession on, the operating equipment of Company which has the effect of depriving Company of the use of the equipment subject thereto and such seizure, attachment or levy cannot be released, bonded, or otherwise lifted within ten (IO) business days; or (ii) the occurrence of any of the following if it has the effect of preventing Company from performing its obligations hereunder for ten ( I 0) or more business days: ( a) Company files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief, or other similar law, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee ( other than as a part of a transfer of equipment no longer useful to Company or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator ( or similar official) of Company for any substantial part of Company's property, or shall make any general assignment for
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F the benefit of Company's creditors, or shall fail generally to pay Company's debts as they become due, or (b) any court having jurisdiction shall enter a decree or order for relief in respect of Company, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law, or Company shall consent to or shall fail to oppose any such proceeding, or any such court shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, sequestrator ( or similar official) of Company or for any part of Company's operating equipment or assets, or order the winding up or liquidation of the affairs of Company.
10. MISCELLANEOUS.
10.1. Compliance with Applicable Law. Company agrees that it will comply with all Applicable Law.
10.2. Amendment. This Agreement may be amended or modified only by a written agreement duly authorized and executed by both City and Company.
10.3. Independent Company. It is expressly understood and agreed that Company shall perform all work and services described herein as an independent company and not as an officer, agent, servant or employee of City; that Company shall have the exclusive control over the details of the services and work performed hereunder and all persons performing the same; that Company shall be solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors, if any; and that nothing herein shall be construed as creating a partnership or joint venture between City and Company. Neither Company nor its officers, employees, agents or subcontractors shall obtain any rights to retirement benefits, workers' compensation benefits or any other benefits which accrue to City employees. Company shall have no power to incur any debt, obligation, or liability on behalf of City, or otherwise act on behalf of City as an agent. Company shall secure at its sole expense and be responsible for any and all payment of income tax, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Company and its officers, agents, and employees. The parties agree that ( 1) Company is completely free from the control and direction of City in the performance of work under this Agreement, (2) the work being performed is outside the usual course of City's business, and (3) Company is customarily engaged in the waste management trade which is the subject of this Agreement. Company shall indemnify and hold City harmless from any and all tax and employment related assessments, penalties, and interest against City by reason of the independent contractor relationship created by this Agreement.
Company further agrees to indemnify and hold City harmless from any failure of Company to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Company by City under this Agreement as a result of its failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.
10.4. Right of Entry. Company shall have the right, until receipt of written notice revoking permission to pass is delivered to Company, to enter or drive on any private street, court, place, easement or other private property for the purpose of collecting or
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F transporting Franchise Materials of the Owner of or Premises located on the private street, easement, or property, or its lawful occupant. Company understands and agrees that this section does not grant Company any rights beyond those possessed by City under Applicable Law.
l 0.5. Law to Govern. It is understood and agreed by the Parties hereto that the laws of the State of California, other than laws regarding choice of law, shall govern the rights, obligation, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement.
l 0.6. Fees and Gratuities. Company shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the collection of Franchise Materials otherwise required to be collected under this Agreement, other than acceptance by drivers of holiday gifts offered by customers of a reasonable value.
I 0. 7. Assignment. Neither this Agreement nor any portion thereof may be assigned by Company ( except to an entity that controls, is controlled by or is under common control with the Company) without the written consent of the City Council, which consent shall not be unreasonably withheld.
I 0.8. Notices. All notices, demands, requests, consents or other communications which this Agreement requires a party to give to the other shall be in writing and shall be personally delivered, or sent by registered or certified mail, postage prepaid, return receipt requested or a nationally recognized overnight delivery service (receipt requested), addressed to the respective party as follows:
To CITY:
To COMPANY:
City of Anderson
Attn.: City Manager
1887 Howard Street
Anderson, CA 96007
USA Waste of California, Inc.
Attn: President
1333 East Turner Road
Lodi, CA 95241
with a copy to:
WM
Attn. Legal Department
222 South Mill A venue, Suite 30 I
Tempe, AZ 85281
or to such address as either party may from time to time designate by notice to the other given in accordance with this Section. Such notice shall be deemed effective on the date personally served or received, if by certified mail or overnight delivery service.
Docusign Envelope ID: 9CA8263A-654E--4DE3-9B89-459F5CC3331F
10.9. Severability. If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained herein.
10.10. Entire Agreement; Prior Agreements; Waiver. This Agreement, including all Exhibits, constitutes the full and entire agreement between the Parties with respect to the matters covered herein. All prior and contemporaneous agreements, understandings, negotiations, writings and other communications between the Parties are hereby superseded and are no longer of any force and effect, except to the extent that the terms of such communications are expressly addressed in this Agreement or survive pursuant to an express provision of such previous agreement. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.
l 0.11. Section Headings. The section and subsection headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. l 0.12. Interpretation. The language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Agreement.
I 0.13. Third Parties. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon or give to any person or entity other than the Parties hereto and their successors and permitted assigns, any rights or remedies under or by reason of this Agreement.
I 0.14. Authority. All individuals executing this Agreement on behalf of the City or the Company represent and warrant that they are duly authorized to execute and deliver this Agreement to the other Party.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331F By:
lE.±:OF CALIFORNIA, INC.
Name: Alex Oseguera
---------------- Title: President
Date: _ 0_91_12_1_20_2_s __________ _
CITY OF ANDERSON
By:
Name: - ---------------
Title:
Date: _ _________ _____ _
Oocusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F Exhibit 1
Recyclable Materials Specifications
Paper
Cardboard
Boxboard or chipboard (e.g., shoe boxes, tissue boxes, cereal boxes) Newspaper
Magazines, catalogs, and glossy paper
Paper bags
Telephone books
Paper packaging or containers (including cartons)
Egg cartons
Junk mail
Phone books and soft cover books
Envelopes (labels or windows okay)
Office paper ( all colors)
Plastic
All containers accepted ( # 1-7)
Bottles and jugs (all colors, clean & dry, with lids/caps replaced) Tubs and containers (e.g., yogurt, margarine)
Buckets and crates
Clamshell trays and deli containers
Plant pots (no ceramic)
Laundry baskets
Glass
Bottles and jars (labels okay)
All colors, lids replaced
Metal
Aluminum cans
Tin and steel cans
Clean aluminum pans and foil
Empty aerosol cans
Small scrap
Pots, pans, and utensils
Loose lids from jars
This definition may be amended from time to time by agreement of the parties. In no event shall .. Recyclables" include Hazardous Waste. Company may temporarily dispose of Recyclable Materials in the event there is not commercially viable markets.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331F Exhibit 2
Service Rates
Residential Premises Rates
Trash Services
1-64 gallon senior citizen (65 and older) cart only*
64 Gallon Cart Residential Service
96 Gallon Cart Residential Service
Additional 64 Gallon Solid Waste Cart ..
Additional 96 Gallon Solid Waste Cart••
Organics Services
96 Gallon Organics Cart (first 1 included with trash service) Additional 96 Gallon Organics Cart (after 1 included with service) Recvcle Services
64 Gallon Recycle Cart (first 1 included with trash service) 96 Gallon Recycle Cart (first 1 included with trash service) Additional 64 Gallon Recycle Cart (after 1 included with service) Additional 96 Gallon Recycle Cart (after 1 included with service) Extra Pickups
64 gallon Extra Pickup cart per event
96 gallon Extra pickup cart per event
Non-Service day Extra pickup trip charge
Special I Ancillary Services
Container Overage Charge - per cart, per incident - when material exceeds the container's intended capacity
Side Yard Assisted Service
On-call bulky waste pick up for non-qualifying residents per cubic yard per event On-call bulkv waste oick uo freon removal charae oer unit Cart exchange (after 1 included with service every 12 months) Bad Check/EFT Fee
Finance Charge past due greater than 30 days
Finance Charoe oast due oreater than 30 davs - minimum charoe Reolacement Cart-if due to customer neolioence
Contamination in Recycling or Organics Containers - per cart, per incident •senior rate is 75% of the 64 Gallon Cart Residential Service •• Additional carts are 80% of base rate
Rates Eff.
1/1/2026
$21 .77
$29.03
$31.22
$23.22
$24.98
$0.00
$10.78
$0.00
$0.00
$10.78
$10.78
$12.68
$13.63
$19.91
$10.32
$11.39
$169.14
$89.53
$39.79
$30.00
2.50%
$5.00
$109.66
$31 .22
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F Commercial Premises Rates Rates Eff.
1/1/2026
Commercial Cart Rates
64 Gallon Cart, once a week oickuo $43.66
96 Gallon Cart, once a week oickuo $45.58
Commercial MSW Bin Rates
1 Cubic Yard Bin, once a week $88.52
1 Cubic Yard Bin, twice a week $169.12
1.5 Cubic Yard Bin, once a week $127.34
1.5 Cubic Yard Bin, twice a week $203.14
1.5 Cubic Yard Bin, three times a week $253.85
2 Cubic Yard Bin, once a week $159.57
2 Cubic Yard Bin, twice a week $250.31
2 Cubic Yard Bin, three times a week $326.10
2 Cubic Yard Bin, four times a week oickuo $406.24
2 Cubic Yard Bin, five times a week oickuo $479.31
2 Cubic Yard Bin, six times a week oickuo $553.14
3 Cubic Yard Bin, once a week icku□ $198.54
3 Cubic Yard Bin, twice a week oickuo $293.90
3 Cubic Yard Bin, three times a week oickuo $388.90
3 Cubic Yard Bin, four times a week oickuo $483.91
3 Cubic Yard Bin, five times a week oickuo $574.70
3 Cubic Yard Bin, six times a week oickuo $665.48
4 Cubic Yard Bin, once a week oickuo $244.05
4 Cubic Yard Bin, twice a week oickuo $360.64
4 Cubic Yard Bin, three times a week oickuo $481.67
4 Cubic Yard Bin. four times a week oickuo $596.36
4 Cubic Yard Bin, five times a week oickuo $712.99
4 Cubic Yard Bin. six times a week oickuo $829.62
6 Cubic Yard Bin, once a week oickuo $324.13
6 Cubic Yard Bin, twice a week oickuo $462.42
6 Cubic Yard Bin, three times a week oickuo $596.36
6 Cubic Yard Bin, four times a week oickuo $734.58
6 Cubic Yard Bin, five times a week oickuo $868.58
6 Cubic Yard Bin, six times a week pickup $1,006.85
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331F Commercial Recycle Cart Rates*
64 Gallon Cart, once a week pickuo I after 2 included with trash service) $32.75 Commercial Recycle Bin Rates*
1 Cubic Yard Bin, once a week $66.39
1 Cubic Yard Bin, twice a week $126.84
2 Cubic Yard Bin, once a week $119.68
2 Cubic Yard Bin, twice a week $187.73
3 Cubic Yard Bin, once a week pickup $148.91
3 Cubic Yard Bin, twice a week pickup $220.43
4 Cubic Yard Bin, once a week Pickup $183.04
4 Cubic Yard Bin, twice a week oickuo $270.48
6 Cubic Yard Bin, once a week oickuo $243.10
6 Cubic Yard Bin, twice a week pickup $346.82
*Recycle Cart/Bin Rates are at 75% of the MSW rates
Commercial Organics Cart Rate
64 Gallon Cart, once a week oickuo (after 1 included with trash service) $29.58 Extra Pickup Services
64 aallon cart oer event (service dav on1v) $18.92
96 gallon cart per event (service day only) $19.91
1 cubic yard bin per event (service day only) $35.76
1.5 cubic yard bin per event (service dav onlv) $51.49
2 cubic yard bin per event (service day only) $69.13
3 cubic vard bin per event (service dav onlv) $85.94
4 cubic vard bin oer event (service dav onlv) $105.63
6 cubic vard bin oer event (service dav onM $140.34
Special / Ancillary Services
Key charge when container access reQuires driver to remove lock per month $7.07 Walk in/Pull Out per Bin per Service $22.87
Enclosure charge per bin per service frequency per month $7.57 One time lock install (Lock is WM provided) $26.11
Lock charge per bin per service frequency per month $7.57 Container Overage Charge - per cart, per incident (cart too full for lid to close) $31.94 Container Overage Charge - per bin, per incident (bin too full for lid to close) $152.43 Bad Check/EFT Fee $30.00
Finance CharQe past due Qreater than 30 davs 2.50%
Finance Charae cast due areater than 30 davs - minimum charae $5.00 Reolacement Bin-if due to customer nealiaence $874.58
Contamination in Recvclina or Oraanics Carts - oer cart, oer incident $31.94 Contamination in Recvclina or Oraanics Bins - oer cart, oer incident $84.21
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F Compactor and Debris Box Rates Rates Eff.
1/1/2026
Compactors
3 Cubic Yard Compactor. once a week oickuo $515.68
3 Cubic Yard Comoactor, twice a week nickuo $763.38
4 Cubic Yard Comoactor, once a week oickup $633.85
4 Cubic Yard Comoactor, twice a week oickup $938.07
Debris Boxes
20 Cubic Yard Debris Box, oer oull (includes 3 tons)• $626.09 25 Cubic Yard Debris Box, oer oull (includes 3 tons)* $653.91 30 Cubic Yard Debris Box, oer oull (includes 3 tons}* $699.70 40 Cubic Yard Debris Box, oer oull (includes 3 tons)" $759.43 Less than 30 Cubic Yard Comoactor, oer oull $793.16
30 to 40 Cubic Yard Comoactor, oer oull $838.95
Special / Ancillary Services
Min Haul Charge - 7 day rental charged per day on 8th day $49.74 Trip Charge (WM unable to service due to non WM caused circumstance) $211.57 Relocation Charge (Move box to new location on customers current site) $211.57 Bad Check/EFT Fee $30.00
Finance Charae oast due areater than 30 davs 2.50%
Finance Charae oast due areater than 30 days - minimum charge $5.00 *Any tonnage in excess will be charged the landfill rate plus applicable franchise fees.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F Exhibit 3
City Facilities
Company shall provide the following services at no charge to the City:
• City Hall, 1887 Howard Street
• Anderson Police Department, 2220 North Street
• Anderson Teen Center, 2889 East Center Street
• Anderson Corporation Yard, 2450 Barney Street
• Waste Water Treatment Plant, 2800 Rupert Road
• Anderson River Park, 2800 Rupert Road
• Volonte Park, 2500 Emily Drive
The City Manager may delete or add a City Facility from the list of facilities to be provided Collection Services by Collector pursuant to Section 4.4 at any time, upon written notice to Collector.
Containers shall be free of graffiti and in good repair. Containers must be clearly marked and identifiable as belonging to Company. Special consideration shall be given when determining the pick-up area for temporary Containers to ensure that the flow of traffic is not impeded and that it does not result in aesthetic degradation of an area. The designated pick up area, if disputed by service recipient or Company, shall be determined by City. Additionally, if in City's opinion the location of an existing pick-up area is inappropriate, City may require the service recipient or Company to relocate the pick-up area.
Docusign Envelope ID; 9CA8263A-654E-4DE3-9B89-459F5CC3331 F Exhibit4
SB 1383 Reports
It is the City's intent that the City will take primary responsibility for compliance with the requirements of SB 1383. City anticipates that Company will be required to assist the City with specific aspects of compliance with SB 1383, as identified in this Exhibit. Below is a summary of specific areas in which the City is requiring or may require Company assistance. All sections herein refer to Title 14 of the CCR, unless otherwise specified.
City and Company shall refer to the specific text of the CCR sections and any Applicable Law to satisfy specific SB 1383 requirements.
I. Containers. Company shall provide three-stream Containers to Customers for Collection of source separated Refuse, Recyclables and Organic Waste. Company shall Collect Organic Waste and transport it to a processing facility in accordance with SB 1383 Regulations. Containers in use at the end of the previous agreement with Company may continue to be used. a. Refuse: All Refuse Containers shall be consistent with sizing provided in Sections 4.1. l and 4.2.1 of the Agreement, shall be gray or black in in body and/or lid and must meet the requirements of 14 CCR Section 18984. 7.
b. Recyclables: All Recyclables Carts Company provides to Customers at Residential Premises shall be 64-gallon. All Recyclables Containers Company provides to Customers at Commercial Premises shall be appropriate for service need at the sizes specified in the Agreement. All Recyclables Containers must be blue in body and/or lid and must meet the requirements of 14 CCR Section 18984.7.
c. Organic Waste: All Organic Waste Carts Company provides to Customers at Residential Premises shall be a default 96-gallon. All Organics Waste Containers Company provides to Customers at Commercial Premises shall be 64-gallon for Commercial Carts. All Organics Waste Containers must be green in body and/or lid and must meet the requirements of 14 CCR Section 18984.7.
d. Labeling: Company shall place and maintain SB 1383-compliant labels on all newly issued Containers, consistent with the requirements of 14 CCR Section 18984.8.
2. Route Reviews. Company shall meet all SB 1383 regulatory requirements concerning contamination monitoring upon and after program implementation using Route Reviews. "Route Review(s)" means a visual inspection of Containers along a hauler route for the purpose of determining contamination and may include mechanical methods such as the use of cameras. ( 14 CCR§ 18982.)
a. Company shall conduct hauler Route Reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the Company; is approved by the City; is conducted in a manner that results in all hauler routes being reviewed annually; and is consistent and in accordance with the SB 1383 Regulations. Containers may be randomly selected along the hauler route. This section should not be constructed to require that every Container on a hauler route must be sampled annually.
Oocusign Envelope ID: 9CA8263A-654E-40E3-9B89-459F5CC3331F b. Upon finding Prohibited Container Contaminants in a Container, Company shall follow the contamination monitoring and noticing procedures contained herein.
1. If contamination is found during Route Reviews required under 14 CCR Section 18984.5, Company shall notify the Generator of the requirement to properly separate materials into the appropriate Containers and may include photographic evidence of the violation. ( 14 CCR, § 18984.5(b ). )
c. Recordkeeping Requirements. Company shall maintain all applicable records required under the SB 1383 Regulations and that pertain to Company's obligations in this Exhibit A, and report to the City on a monthly basis on contamination monitoring activities, Route Reviews, and actions taken, including but not limited to any non-collection notices issued to Generators/Customers. ( 14 CCR, § 18984 .6.) Company shall provide reports to the City no later than the tenth ( 10th) day of the month following the month in which the actions were taken.
d. Nothing in this section shall prohibit Company from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.
3. Generator Waiver Program Coordination.
a. In accordance with SB 1383 Regulations and Section 8.65.060 of the Anderson Municipal Code, the City may grant waivers (de minimis, physical space, or collection frequency) to Generators/Customers that impact the scope of Company's provision of service for those Generators/Customers.
b. Company Change in Customers' Service Levels. When the City grants a waiver to a Generator, the City shall notify the Company within five (5) days of the waiver approval with information on the Customer and any changes to the service level or Collection service requirements for the Customer. Company shall have five (5) days to modify the Customer's service level and billing statement, as needed.
4. SB 1383 Education and Outreach.
a. Company, in coordination with the City, shall create applicable education materials and conduct education programs and activities as provided by and in accordance with the SB 1383 Regulations. Company shall cooperate and coordinate with the City on public education activities, including but not limited to the following:
1. Shasta County Trash Talk quarterly newsletter - In collaboration with City, Company shall provide and review content specific to City. The quarterly newsletters will be substantially similar to those attached here. ii. Annual Collection Calendars - Company shall provide updated and accurate collection calendars for distribution to City customers. A digital copy shall be provided to City.
Docusign Envelope ID. 9CA8263A-654E-4DE3-9889-459F5CC3331 F 111. Provide Generators/Customers with information regarding proper material separation, Organic Waste prevention, on-site recycling, methane reduction benefits, how to recycle Organic Waste, and information related to food recovery.
This information shall be disseminated through one or more of the following methods: annual calendars, newsletters, invoice messaging, and/or posts on the Company's website or social media platforms. When distributing such materials, the Company shall provide the City with the following documentation in accordance with 14 CCR Section 18985.3:
1. The date the information was disseminated
2. A copy of the information or a link to the site where it was posted
3. The type and number of accounts receiving the information, as applicable iv. Company shall participate in City Council presentations as requested by the City.
5. Compliance Reporting.
a. Company shall cooperate with all City requests related to the research, preparation, compilation, and/or reporting of the initial SB 1383 compliance report and, by August l of each calendar year thereafter, the annual compliance report. (14 CCR§§ 18994.1, 18994.2.)
b. Company shall maintain applicable records generated or retained by Company related to the scope outlined in the Exhibit, to allow City access to applicable implementation documentation in less than ten Business Days.
Oocusign Envelope ID: 9CA8263A-654E•4DE3-9B89-459F5CC3331F
NEWSLETTER
LETTUCE PRACTICE FOOD SAFETY
TO REDUCE FOOD WASTE
Accot011Q IO Ille Centers tot Disease ContrOl 8'1<1 Pre...ention (CDC) there are approxlmaraty -48 mlliOn casea ol loodbomt illness eadl ~ wt,lcl1 means thal about 1 ., 6 Amencans gel s.tl from food annually You CM help protect y<)U<lelf end ycu loved ones from foodbor"" illneu while MO rod!JC¥lg food Wl)Slo by followtng theto ouldelnes , Piao your .-Is and s.okl buyir,g men food than you can use bel0<e il ~ , Tak■ lefli>von tw;,,,,e •nd rnlrigwato <X lreoze thorn ""1tin MO 1101n , A.void ovotpaelling yvut lridga os C<Jld "" ,-<!$ to drc,rj11G a,vund ro!rlgetaled foods lo keep tllem pmpfl<1y Chilled
, Wash your hands betore, dlmg, and aller preparing lood • Rinse fruits and ~lables belo<e peeljng. cutting. 01 eating tllem , Scrub f.m, fruits •nd -...g4tabla1 kh ,,.,,,. or ~ with a clean produce brush • Coo~ food at tho app,opriat., temporaturo
• Thaw meat and 1)0,,jtry In the n,frig,e,alO< """'"' cooking In a elow eool<er IC> i:,,-ev.ni badl<ia g<OWth
Set your retrigemtor temp,,ralu<~ t, 40'F 0< below and your hoezor to For below
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331F >>
The Sour Powerhouse
All-~ Cleaner COmbloe 1 teaspoon ba~lng
,soda, Z leO$pooo$ Yinegar, 1/<I lea,poon
Clishwasl'llng liQ...i. 1 teMpoon lemon juice and
2 CllP" hot water in a spra-I bOllle and sha~e well
Adj ... ential oil for lrag,anoo ,f des .. d and add
1 1easpoon t>ora• fo, ••118 deaning power
Tips for Collecung Food Scraps
Cttoos. .,,. r6ght container ficw you tuw • c:onl-'ntr W'lth • MCIJNI Ud to redvce odonl - Decide -••to•"'" io\K conl lnor ,on 1/>e counter or unde< lho •In~ I K .. p food 1c~ps In tho lrid90 0< r,H111< un111 the night beton cohctlon to eut odor Senior Citizen Discount
W\~~-~ Ct!,unl)q,co,11,0.~f'r'II-Ulli(>Jl!lon,e,~wt,u•e 65 ~~•sot "09 tt Ol<M< l>Bad OI -. a'Kl :uA)ecr~ 10 aM-g,lllm lr.1"1 :w bundlo Fco-~ pieaUO!W-Yl~Cl>-ill>rNl<1W-"NIIM.(IOO! •l'M•Ot ----
' ' ' /21~ ' ' ' . •, ft~~-) ' ' • • 1;;. :- "f . ' ' I I ~...,,,,,.. - - M , I ... , . . ·-, "".. . .. .
Oocusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459FSCC3331 F
NEWSLETTER
SAFELY DISPOSING OF SUMMER
HOUSEHOLD HAZARDOUS WASTE
Mony tummer octM~ involve volng ,tema thot conto,n hozordou1 wo1t•. requif)ng aafe d~t afttK use. Th..., incilJde prOpoM tonk• for DBQa o, comping. lighter fluid. pool and opo chemicoto, oeroeol p,oducta bke aunsc•een and bug sp,oy, 0001 ru.1. mote, Oil. and gardening wpplies Proper dtsposol of these items D, crudol to prevent fires and PQllvtlon
You con ena,re t.hot your aummer octflf1t._. don't con.tt1bute to environmental hazards o, injury to olhera by:
• Following the hondri,,g and dosposol instrvctiom on the p,oducl label. , St0tlng oll hazardous products In a coot. dry ploce, away from heat, ,pork._ c,nd Ila"'"
• U1lng up tile product• befote dlOCOrding them
, Tronll)On,ng HHW with oo••: entVtln(j woate It ,n on upnght poalt,on In u,e trunk of a car 0t t>eO ot o ttvck and not transported f0t Jong periods.
, Oasposjng of hazardous waste at on HHW Focthty ond never m o garbage caf\. recych,-.g biri. on the ground. o, down o d,o,n.
AE .. MUAI >UST ICAUSE IT II MADS OF PLASTIC ooas,n-lflW.ONCSINVOUtlREC'tCllMC IK ., <<
Page42 of45
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331F Menor Ori onc:I J'1 t..,.. .-.ncru .. -'•
CotBattnntt~ Gcdot,net
Pool Chemlc;.:olS ._.,oaer,,e Po.ot
P<A9,,ooea w"""t ..:u .. , 9uQ Sprgy
HOJ&«,aki 8ou!Ml .. (C"' 0 AA A.VII
F 1uo, ncen1 UQtlt tuU• \J u•-,,m •~n
Ban .. ,n CNK>ntng Chemte"Oi-1
Food Scraps Collection Coming Soon
Folowfng the oom•uon or~ Andef'S04"'1 Londn■ COmpoaang r<Jdlry resldentsond b<JII-In \Hllncorporo<-,1 Sho1<a county and !119 d-01 _..__, and Sho••a Loko will boo~ tooomply with Senato 8'11 IJI~ Ttq logiolation .,,.,._ ... tho tortlng ond tepomt• colectlon ot food acrops ond yord debris from ~r trash and recyc,ng Tho goal I• to ctrvert Of110nk: woat• ond n,eydablO ,,.ms rrom 10ndflllo tn otder to~ AODJrol ""°""c" and odd, ... cilmote c~ Stoy u.1ned tor lood di-UpdalH. OS Sholto county lho clUff or -and Shas10 LOk& and WM WO<I< ,_ to bul1d a mo<owatolnal>le Mure
Page43 of45
,
Docusign Envelope ID: 9CA8263A-654E-4DE3-9889-459F5CC3331 F
EDUCE WASTE
WHILE ENJOVINC FALL
TRADITIONS
To,_ wnle - ~ iail 11.0llono. <On.-~ a law ol lho
folbwlng - l)(8CbCeO
• Explole 011 local ouldooB
• 5'Jl)IJO'I local f1m11..., mo<JMlocaly gown - .,,-10 •- ca,t,on.,..._ bed 10 lood •--- • Plan meals. flffle leftovelo. and oompoot lood scn,ps • Protect pollMtoq by p,opo,ly dospos,ng ol - hoz.ardoul -· - lmu,v-.- nt..,i&rden , Skip~ t,uy,ng and pu,d\Me clcCl>es - ....,. and cloanhons f,cm 'JOUI bcal lhrlft IIOnl
, Oonoieolclblonkelo-lowoioto•-onmo,ioheftor
, Real bOOU chect.od OUI kom yOIJI loall lbtaty puchased second·hal'<l. Qt oo,,o,,edfrom•lnend
, Clule hoiday deoolationo lrom lleml 1ouncl lo nature you, g.-, "' lluh .-.o.....,pt.k1$andgqudt.glH&t-, ~.dri.,lfNI and-.
Docusign Envelope ID: 9CA8263A-654E-4DE3-9B89-459F5CC3331 F . .,._and_
-~(--~) ·-- -eo...<1-
. -blgl(cNp.-lnd
.,........._ .... ,
•--po,,clw~--,
·-(-~--, ·--
-~--(loom
!\'Pe-•-·
• SNppngpodlaQll,g~-
...,~-1
___ , __
- .. """"' .. ,--i ·--and-
--o,ni,,and-
.-~o,llllpocUgll,o
1-11ogo,---.1
,OIN,t.-dll'IIMIIIClOOl:•c,lxJIID •
,Cc,olhongoro~lnd.-1) ·---~ __ ., ___
,T-~ ........ -.)
• Oodod~c,iland1~.:-r..t:.-I
....,_ __ 111 __ ....,.be
_.,_.,., __ (rdtll9god)-
-0Nl.Y .. --., -~--
-PET~-·---S)l"bol ..... 11•---0HLY .HDPE.,._.,__ .. _,,..,.. ~( ... ~------, . -'3·'7 . ---(,_, __ ,
,v-1- ·-----~ -i ... • --(EWTYOM.YJ
,-.c!Ma,1(--
.,.__.,..._,
·---(--
-~-----
_._
-----
c-.-__ .... -, ,,,_,
·--o,y-
--- ·--~-
-•doi'J-~-- _____ )
.van1~0--.-
.,..c1pp1ngo._anc1_
pio.,;-,
·----
• ,.._., ____ _,,dl.,,__, __ ldd
... __ _
,F--(-Mo, ~-~--
__ .. __ ~-.,.,.,~
-...-.-.-.!loo,
-~-.lalllood) ·-------- -~ -IIOdoll~- ... --~ ..... ""°·--·-) ·--bogo
• --- c.n..i,o.rmlndlNboga
1Jtti,,.Wt~ •
~<:~bt.t~ ~ .... .....,.._.,
,__,.... ...... ~,.....~~-- --- DOING GOOD IN YOUR NEIGHBORHOOD -.0-_ ... ~--·--.. -·-..... .... ___ ,.. ____ "'""_"'_ . ~..., _______ .. .,. __ ........ _..,_...,....,,..._,.., __ ... _., .. _ con,,....To_,,._...,__F __ ~-- • Dara-CN"I, ,...._baO&lb lhl<Jmd..._....._
• -~----(#fy·-
-------- bo!lrdpcl<14>1ff1-,0Ua-ldllol'Ofll- . --,cloOI> t ..,.,..,... __ _ IO.,.,_llogol...,..._
,, ~ ' ,.,, '''
I,' 'I I I' I • • ' '
. M 1 • 11 • I ~ \ - • ,,-,t • ._ •• ,• .,- --. I -.-1
NOTICE OF PUBLIC HEARING
Proposed Adjustments for Residential and Commercial Garbage, Recycling, and Organic Waste Service Rates
Tuesday, November 18, 2025, at 5:30 pm
On Tuesday, November 18, 2025, beginning at 5:30 pm, the Anderson City Council will hold a Public Hearing at its regularly scheduled meeting, in the Council Chambers located at Anderson City Hall, 1887 Howard St., to consider proposed increases to garbage, recycling, and organic waste collection service rates as proposed by Waste Management, Inc., the City's franchised waste hauler.
Why Are My Rates Changing?
Beginning January 1, 2026, the City of Anderson will renew its agreement with Waste Management, Inc. (WM) for solid waste collection services to Anderson residential and commercial owners/customers pursuant to a City Council-approved Amended and Restated Refuse, Recycling. and Organic Waste Agreement (Agreement).
After extensive negotiations, WM and the City have agreed to a proposed rate structure that will fund the costs of expanded services. The purpose of this notice is to let you know about planned changes to solid waste service and rates, and to give you an opportunity to be involved in the City's regulatory process.
The rate structure for monthly solid waste collection services is separated into two classes - Residential Premises Rates and Commercial Premises Rates. The rates for each customer class are determined based on: (i) the size of the container serving the property; (ii) the materials accepted in the container (e.g., Garbage, Recycling and Organics) serving the property; (iii) the frequency of pickups per week; and (iv) additional services that may be required by the customer. One 64-gallon recycling cart and one 64- gallon organic waste cart are included with both Residential and Commercial trash service at no additional charge.
The proposed rate increases are necessary for WM to provide mandatory organic waste collection services (as well as garbage and recycling/diversion services) pursuant to regulations implementing Senate Bill (SB) 1383 and other applicable laws. SB 1383 increases the City's solid waste system costs in a few ways, including the expansion of collection services to new customers, diversion of all organic materials to the new processing facility, and related reporting and monitoring requirements. Other portions of the proposed rates include City costs to administer the Agreement, support Waste Management's infrastructure and services, and comply with state recycling/diversion mandates (including, but not limited to, AB 939 and SB 1383).
The proposed rates have been calculated to cover the reasonable and actual costs needed to provide services to the City. WM would implement the rates as specified in Exhibit 2 of the Agreement, effective January 1, 2026.
California Senate Bill 1383 - Short-lived Climate Pollutants Act In September 2016, Governor Brown signed into law Senate Bill (SB) 1383. SB 1383 establishes methane emissions reduction targets, in a statewide effort to reduce emissions of short-lived climate pollutants. Food waste alone accounts for approximately 17-18% of total landfill disposal.
In order to comply with the requirements of SB 1383, the City of Anderson and Waste Management have amended their franchise agreement to expand the solid waste services provided to customers. SB 1383 is an unfunded state mandate requiring cities to implement organics programs.
What is Organic Waste?
Beginning January 1, 2026, the following materials must be placed in your green bin:
• All Food Scraps
Vegetables, Meat. Bones, Dairy, Grains, Coffee Grounds
• Food-Soiled Paper Products
Paper Towels. Pizza Boxes, Coffee Filters, Tea Bags. Egg Cartons, Unlined To-go Bags/Boxes (No Styrofoam or Plastic)
• Green Waste
landscape & Pruning. leaves, Flowers
• Untreated Wood Scraps
Solid Waste Rate Changes for Most Common Service
CURRENT PROPOSED
7/1/2025 1/1/2026
Residential Service
96 gal Solid Waste / 96 gal Recycling/
64 gal Organics $26.19 $31.22
Commercial Service
4 yd Solid Waste lx/week / 64 gal
Recycling / 64 gal Organics $197.70* $244.05
*Rate for 4 yd Solid Waste lx/week only (not bundled with Recycling & Organics) 2 Proposed Service Rates
The table below provides a snapshot of the proposed rate sheet, highlighting the most common services for both residential and commercial premises. For pricing information on large bin services, extra pickups, and ancillary service fees, please v1s1t our website at https://www .ci.anderson.ca.us/departments/public works I/solid waste/index.php or contact Public Works at (530) 378-6645 to request a full copy.
Residential Premises Rates Rates Eff.
1/1/2026
Trash Services
1-64 gallon senior citizen (65 and older) cart only* $21.77 64 Gallon Cart Residential SeNice $29.03
96 Gallon Cart Residential Service $31.22
Additional 64 Gallon Solid Waste Cart** $23.22
Additional 96 Gallon Solid Waste Cart** $24.98
Organics Services
96 Gallon Organics Cart (first 1 included with trash service) $0.00 Additional 96 Gallon Organics Cart (after 1 included with service) $10.78 Recycle Services
64 Gallon Recycle Cart (first 1 included with trash service) $0.00 96 Gallon Recycle Cart (first 1 included with trash service) $0.00 Additional 64 Gallon Recycle Cart (after 1 included with service) $10.78 Additional 96 Gallon Recycle Cart (after 1 included with service) $10.78 Commercial Premises Rates Rates Eff.
1/1/2026
Commercial Cart Rates
64 Gallon Cart, once a week pickup $43.66
96 Gallon Cart, once a week pickup $45.58
Commercial MSW Bin Rates
1 Cubic Yard Bin, once a week $88.52
1 Cubic Yard Bin, twice a week $169.12
1.5 Cubic Yard Bin, once a week $127.34
2 Cubic Yard Bin, once a week $159.57
3 Cubic Yard Bin, once a week pickup $198.54
J
4 Cubic Yard Bin, once a week pickup $244.05
6 Cubic Yard Bin, once a week prckup $324.13
Commercial Recycle Cart Rates*
64 Gallon Cart, once a week pickup (after 1 included with trash service) $32.75 Commercial Recycle Bin Rates*
1 Cubic Yard Bin, once a week $66.39
1 Cubic Yard Bin, twice a week $126.84
2 Cubic Yard Bin, once a week $119.68
2 Cubic Yard Bin, twice a week $187.73
*Recycle Cart/Bin Rates are at 75% of the Refuse rates
Commercial Organics Cart Rate
64 Gallon Cart, once a week pickup (after 1 included with trash service) $29.58 Annual Rate Adjustments
The proposed rate schedule also includes annual rate adjustments. The rates shall be adjusted on July l st of each year, beginning July 1, 2026, and annually thereafter to reflect one hundred percent ( 100%) of the annual change in the CPI: Urban Consumer - Garbage and trash collection (the "CPI"), compiled and published by the United States Department of Labor; Bureau of Labor Statistics, based on one hundred percent ( I 00%) of the annual percentage change in the CPI for twelve months ending December 31 of the previous year as compared to the twelve months ending December 31 of the next previous year; provided, however, that no single CPI adjustment shall exceed five percent (5%) or be lower than one percent ( 1 %. ) Any CPI amount exceeding 5% or below 1 % shall be carried over and applied to the following year or years, provided that the change in any year shall not exceed 5% or be lower than 1 %.
Any adjustments will be performed consistent with California law, including Proposition 218, if applicable.
4 Public Hearing
The City Council will hold a Public Hearing on Tuesday, November 18, 2025, at 5:30 pm in the City Council Chambers, which is located on the third floor of City Hall, located at 1887 Howard Street, Anderson, CA, to consider the proposed rate increases to the City's solid waste collection service fees.
Any property owner of a parcel upon which the solid waste collection service fees will be imposed and/or any tenant directly responsible for the payment of solid waste collection service fees (i.e., a customer of record) may submit a written protest to the proposed increases to the City's solid waste collection service fees. However, only one protest will be counted per identified parcel.
To be counted. all written protests must include the following:
l. State that the identified property owner or customer of record is in opposition to the proposed increases;
2. Provide the location of the identified parcel (by assessor's parcel number or street address);
3. Include the name and signature of the property owner or customer of record submitting the protest.
Written protests may be submitted by:
l. Mail to: City Clerk Christy White, 1887 Howard Street, Anderson, CA, 96007; or
2. In-person delivery during City business hours to the third floor of City Hall at 1887 Howard Street, Anderson, CA, 96007; or
3. At the Public Hearing on Tuesday, November 18, 2025, at 5:30 pm.
For your convenience, you may fill out and submit the enclosed protest form and return it to City Clerk Christy White at the above address. Regardless of how the written protest is submitted, it must be received by the City prior to the conclusion of the public comment portion of the Public Hearing (date and time noted above). Any protest submitted via e-mail or other electronic means will not be accepted. Please identify on the front of the envelope for any written protest, whether mailed or submitted in person to the City Clerk, that the enclosed protest is for the Public Hearing on the Proposed Solid Waste Collection Service Fees.
The City Council will hear and consider all written and oral protests to the proposed rate increases at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest. Upon the conclusion of the Public Hearing, the City Council will consider adoption of the proposed solid waste collection service rate increases as noted in this letter. If a majority of property owners or customers of record do not protest the proposed increase, the City Council will have the authority to impose the proposed rates. If adopted, the proposed rates for the solid waste collection service fees will be in effect beginning January 1, 2026.
Pursuant to California Government Code 53759, there is a 120-day statute oflimitations for challenging any new, increased, or extended fee adopted, modified, or amended by the City of Anderson. All written 5 objections must be submitted before the end of the public hearing as stated above and a failure to timely object in writing bars any right to challenge that fee or assessment through a legal proceeding.
If you have any questions about the proposed rates, the Public Works Department can be reached at (530) 378-6645. If you have questions about your current solid waste collection services, Waste Management, Inc. can be reached at (866) 825-7190.
Sincerely,
Joey Forseth-Deshais
City Manager
For more information, scan the QR code or visit
https ;l/www.ci.anderson.ca. us/departments/public works 1 /solid H'astelindex.php
PROTEST FORM FOR SOLID WASTE COLLECTION SERVICE FEES
I certify that I am the legal owner of a property located in the City of Anderson and/or am a Waste Management customer of record receiving solid waste collection services within the City of Anderson.
Although I may have received multiple notices of public hearing to my mailing address, I acknowledge that only one written protest will be counted per identified parcel. I wish to protest the proposed rate increases as indicated below:
My property receives Waste Management, Inc. solid waste collection services, or I am a tenant directly liable for the payment of solid waste collection services fees, and I protest the proposed rate increases.
Print Name Signature
Property Address Assessor's Parcel No.
6 AGENDA ITEM
~eptember 16, 2025, City Council Meetin~
ed for Submittal By:
To:
Through:
From:
Date:
I SUBJECT
Honorable Mayor and Mem
Joey Forseth•Deshais, City Manager
Adam Whelen, Public Works Director
September 16, 2025
anager
Professional Services Agreement with PACE Engineering for the 2025 Master Sewer Plan.
I RECOMMENDATION
The Public Works Director recommends that the City Council:
1. Receive a staff report;
2. Receive public comment;
3. Authorize the City Manager to execute a Professional Service Agreement with PACE Engineering for the 2025 Master Sewer Plan.
4. Authorize the Public Works Director to approve change orders not to exceed 20% of this amount.
I FISCAL IMPACT
The Professional Services contract will be funded from the 2025/2026 Wastewater budget (Wastewater Enterprise Fund). The contract is not to exceed $381,000 without written approval from the City. Change order contingency is set at a maximum of 20% or $76,200. The total approvable amount is $457,200.
ITEM 8.9a PAGE1 9/16/2025
I DISCUSSION and BACKGROUND
The City's current Master Sewer Plan (MSP) was completed in 2007 by PACE Engineering. 156,000 linear feet of collector sewer mains and 27,000 feet of 12-inch to 36-inch interceptor sewer mains make up the City of Anderson collection system. Five lift stations augment the collection system by providing localized areas with connections to the gravity collection system. The core of the City's wastewater system is the wastewater treatment plant constructed in 197 4 and last upgraded and expanded in 1989. This plant discharges directly into the Sacramento River and is governed by a National Pollutant Discharge Elimination System (NPDES) permit, which is renewed every five years.
The 2007 MSP reflects an analysis of existing (2006), 20-year (2026), and ultimate development conditions. The existing hydraulic analysis utilized the computer model H2OMap, an MHWSoft product. The 2005 model was based on the 1993 model completed in Kentucky Pipe software, which included most of the sewer mains within the City's wastewater collection system. This software is no longer available and needs to be updated. To conduct all hydraulic modeling for developing the master sewer plan, the consultant shall utilize lnfoWorks ICM. lnfoWorks was acquired by Autodesk from lnnovyze and integrated into ArcGIS Pro.
Since the 2007 plan was created, the City has experienced some development and has new projects at various stages of planning and/or construction. As such, the City desires to update its MSP, utilizing updated hydraulic modeling software and employing data that already exists in the City's Geographic Information System (GIS) database.
The purpose of the Master Sewer Plan is:
• To provide the City of Anderson with a Master Plan showing wastewater service areas, corresponding development levels, and ultimate development levels as shown on the City of Anderson and Shasta County General Plans.
• To inventory the existing wastewater collection system. • To determine deficiencies in the existing wastewater collection system. • To prioritize improvements needed to improve the existing wastewater collection system. • To estimate the costs of the recommended wastewater system improvements. • To provide a plan showing future wastewater system improvements that will be needed as the City develops or looks to annex within the Sphere of Influence. • To form a solid engineering basis for the future consideration of amending existing wastewater development fees.
• To provide needed background information for pursuing grant financing of wastewater system improvements.
I ATTACHMENT
1. Professional Services Agreement and Exhibits.
ITEM 8.9a PAGE2 9/16/2025
CITY OF ANDERSON
PROFESSIONAL SERVICES AGREEMENT WITH
WITH PACE ENGINEERING, INC.
FOR
2025 MASTER SEWER PLAN UPDATE
THIS AGREEi\IENT ("Agreement''), made and entered into this __ th day of ___ _, 2025, is by and between the City of Anderson, a California municipal corporation, hereinafter referred to as "City," and PACE Engineering, Inc., hereinafter referred to as "Consultant." WITNESSETH:
SECTION 1- ORGANIZATION AND CONTENTS.
This Agreement is divided into the foUowing Sections:
Section/Title Page No.
SECTION t -ORGANIZATION AND CONTENTS t
SECTION 2 - DESCRIPTION OF PROJECT 2
SECTION 3 - SCOPE OF SERVICES - BASIC; COi\lPLETION SCHEDULE 2 SECTION 4 - SCOPE OF SERVICES - ADDITIONAL; COMPLETION SCHEDULE 2 SECTION 5- COMPENSATION 2
SECTION 6 - RESPONSIBILITI' OF CONSULTANT 3
SECTION 7 - RESPONSIBILITI' OF CITI' 3
SECflON 8 - INDEi\lNIFlCr\TION 4
SECTION 9 - INSURANCE 4
SECTION 10 - GENERAL PROVISIONS 4
10.1 - Access to Records 4
10.2 - Assignment 4
10.3 - Changes to Scope of \X'ork - Basic Sen•iccs 4
10.4 - Compliance with Laws, Rule, Regulations 5
10.5 - Conflict of Interest 5
10.6 "Exhibits Incorporated 5
10.7 - Independent Contractor 5
10.8 - Integration; Amendment 5
10.9 -Jurisdiction 5
10.10 - Notice to Proceed; Progress; Completion 6
10.11 - Ownership of Documents 6
10. 12 - Subcontracts 6
10.13 -Tenn; Termination 6
10.14 - Notice 7
SECTION 11 - SPECIAL PROVISIONS 7
Professional Services Agreement:
2025 MASTER SEWE PLAN I
SECTION 2 - DESCRIPTION OF PROJECT
City desires to undertake that certain project, hereinafter referred to as "project," described in EXHIBIT "A" entitled "DESCRIPTION OF PROJECT" and to engage Consultant to provide the required professional services relating to it.
SECTION 3 - SCOPE OF SERVICES - BASIC; COMPLETION SCHEDULE Consultant shall perform those basic services in connection with the project as arc set forth more particularly in EXHIBIT "B" entitled "SCOPE OF CONSULTANT SERVICES - BASIC; COMPLETION SCHEDULE" and shall complete said services in accordance with the completion schedule for them incorporated in said Exhibit.
SECTION 4 - SCOPE OF SERVICES - ADDITIONAL; COMPLETION SCHEDULE lt is understood br City and Consultant that it may be necessary, in connection with the project, for Consultant to perform or secure the performance of services other than those set forth in EXHIBIT "B." In each such instance, Consultant shall advise City, in advance and in writing, of the need for such additional services, their cost and the estimated time required to perform them Of appropriate). Consultant shall not proceed to perform any Sllch required additional service until City has determined that such service is beyond the scope of the basic services to be provided, is required, and City has given its written authorization to perform or obtain it. Each additional service so authorized shall constitute an amendment to this Agreement, shall be identified and sequentially numbered as "Additional Consultant Service No. 1" and so forth, shall be subject to all of the provisions of this Agreement, and shall be attached to EXHIBIT "C" entitled "SCOPE OF CONSULTANT SERVICES - ADDITIONAL; COMPLETION SCHEDULE." SECTION 5 - COMPENSATION; PAYMENT OF FEES
Consultant shall be compensated for services rendered to City pursuant to this Agreement in the amounts, manner and in accordance with the payment schedule as set forth in EXHIBIT "D" entitled "COMPENSATION." Amounts due to Consultant from City for services rendered shall be evidenced by the submission to City by Consultant of an invoice, prepared in a form satisfactory to City, setting forth the amount of compensation due for the period covered by it. Each such invoice shall be forwarded to City so as to reach it on the 1st day of the month, or other applicable period, for which the services invoiced were provided.
All such invoices shall be in full accord with any and all applicable provisions of this Agreement. City will review each such invoice and retain them in accordance with EXHIBIT "D," provided however that if Consultant Professional Services Agreement:
2025 MASTER SEWE PLAN 2
submits an invoice which is incorrect, incomplete, or not in accord with the provisions of this Agreement, then City shall not be obligated to process anr payment to Consultant until a correct and complying invoice has been submitted.
SECTION 6 - RESPONSIBILITY OF CONSULT ANT
By executing this Agreement, Consultant warrants to City that Consultant possesses, or will arrange to secure from others, all of the necessary professional capabilities, experience, resources and facilities necessary to provide to City the services contemplated under this Agreement. Consultant further warrants that Consultant will follow the best current, generally accepted professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the proj.ect for which services are rendered under this Agreement. It is expressly understood by all parties to this Agreement that Consultant makes no guarantee or warranty whatsoever to the success of this project.
SECTION 7 - RESPONSIBILITY OF CITY
To the extent appropriate to the project contemplated by this Agreement, City shall:
7.1 Assist Consultant by placing at Consultant's disposal all available information pertinent to the project, including previous reports and any other data relative to design and construction which may be applicable to it.
7.2 Guarantee access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform Consultant services.
7.3 Examine all studies, reports, sketches, drawings, specifications, proposals and other documents prepared and presented by Consultant, and render verbally or in writing as may be appropriate, decisions pertaining thereto, within a reasonable time so as not to delar the progress of the work by Consultant.
7.4 Designate in writing a person to act as City's representative with respect to the work to be performed under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Consultant's sen•ices.
7.5 Give prompt written notice to Consultant whenever City observes or othenvise becomes aware of any defect in the project.
7.6 Furnish approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project.
SECTION 8 - INDEMNIFICATION
Professional Services Agreement:
2025 MASTER SEWE PLAN 3
Consultant shall hold City, its officers, boards and commissions, and members thereof, its employees and agents harmless of and free from any and all liability arising out of or relating to any negligent act or omission of Consultant or Consultant's employees or agents in rendering the services required by this Agreement and shall indemnify them against such liability in connection therewith.
Client agrees to limit the liability of Consultant, its principals, employees, and subconsultants, to Client and to all contractors and subcontractors on the project, for any claim or action arising in tort, contract, or strict liability up to the limit of Client's insurance requirements. Client and Consultant acknowledge that this provision was expressly negotiated and agreed upon. If Consultant fails to maintain the insurance required under this Agreement, this provision will no longer be in effect, and Consultant will be liable directly for any claim.
Consultant shall not be required to execute any documents subsequent to the signing of this Agreement that in any way might, in the judgment of the Consultant, increase Consultant's contractual or legal obligations or risk, or adversely affect the availability or cost of its professional or general liability insurance. Consultant shall not be required to sign any documents, requested by any party, including Client, that would result in Consultant having to certify, guarantee, warrant, or state the existence of conditions whose existence Consultant cannot ascertain. Client also agrees not to make resolution of any dispute with Consultant or payment of any money due to Consultant in any way contingent upon Consultant signing any such certification, guarantee, warranty, or statement.
SECTION 9 - INSURANCE
Any requirements by City that Consultant carry general liability, errors and omissions, or any other type of insurance in connection with the work to be performed and/ or services to be rendered by Consultant pursuant to this Agreement shall be as set forth in EXHIBIT "E/' entitled SPECIAL PROVISIONS.
SECTION 10 - GENERAL PROVISIONS
10.1 Access to Records
Consultant shall maintain all books, records, documents, accounting ledgers, and similar materials relating to work performed for City under this Agreement on file for at least (1) year following the date of final payment to Consultant by City. Any duly authorized representative(s) of City shall have access ro such records for the purpose of inspection, audit and copying at reasonable times, during Consultant's usual and customary business hours. Consultant shall provide proper facilities to City's representative(s) for access and inspection.
Consultant shall be entitled to reasonable compensation for time and expenses related to such access and inspection activities, which shall be considered to be an additional service to City, falling under the provisions of SECTION 4 hereinabove.
Professional Services Agreement:
2025 MASTER SEWE PLAN 4
10.2 Assignment
This Agreement is binding to heirs, successors, and assigns of the parties hereto and shall not be assigned by either City or Consultant without the prior written consent of the other.
10.3 Changes to Scope of Work - Basic Services
City may at any time and, upon a minimum of ten (10) days' written notice, modify the scope of basic services to be provided under this Agreement. Consultant shall, upon receipt of said notice, determine the impact on both time and compensation of such change in scope and notify City in writing. Upon agreement between City and Consultant as to the extent of said impacts to time and compensation, an amendment to this Agreement shall be prepared describing such changes. Execution of the amendment by City and Consultant shall constitute the Consultant's notice to proceed with the changed scope.
10.4 Compliance with Laws, Rules, Regulations
All services performed by Consultant pursuant to this Agreement shall be performed in accordance and full compliance with all applicable Federal, State or City statues, and any rules or regulations promulgated thereunder.
10.5 Conflict oflnterest
If City's City Manager has determined that one or several of Consultant's Principal(s) or Project Managcr(s) arc subject to any provisions of the Anderson Municipal Code relating to conflict of interest, or the provisions of any rules or regulations which may have been promulgated thereunder, then each such person will be required to comply with said provisions in connection with the services they render to the City under this Agreement. City shall advise Consultant of any such provisions prior to the date of execution of this Agreement.
10.6 Exhibits lncou,orated
All Exhibits referred to in this 1\greement and attached to it are hereby incorporated in it by this reference.
10.7 Independent Contractor
City and Consultant agree that the relationship between them created by this Agreement does not constitute an employer-employee relationship, a parmership or joinM'enturc relationship of any kind between the City of Anderson and the Consultant. Consultant is not an agent of the City and has no authority to commit the City in any way whatsoever. Consultant shall be solely responsible for the conduct and control of the work performed under this Agreement. Consultant shall be free to render professional consulting services to others during the term of this Agreement, so long as such activities do not interfere with or diminish Consultant's ability to fulfill the obligations established herein to City.
10.8 Integration; Amendment
Professional Services Agreement:
2025 MASTER SEWE PLAN 5
This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in it. This Agreement may not be modified or altered except by amendment in writing signed by both parties.
10.9 Jurisdiction
.
This Agreement shall be administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement shall be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said laws, but the remainder of the Agreement shall continue to be in full force and effect.
10.10 Notice to Proceed; Progress; Completion
Upon execution of this Agreement by the parties, City shall give Consultant written notice to proceed with the work. Such notice may authorize Consultant to render all of the services contemplated herein, or such portions or phases as may be mutually agreed upon. In the latter event, City shall, in its sole discretion, issue subsequent notices from time to time regarding further portions or phases of the work. Upon receipt of such notices, Consultants shall diligently proceed with the work authorized and complete it within the agreed time period.
10.11 Ownership of Documents
Client acknowledges all reports, drawings, specifications, field data, notes, photographs, videos, and other documents, including all such documents on electronic media, prepared by Consultant and Consultant's subconsultancs arc instruments of serYicc and shall remain the property of Consultant and Consultant's subconsultants and may be used by Consultant without the consent of Client. Consultant and Consultant's subconsultants shall be deemed the authors and owners of their respective instruments of scr,:ice, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of instruments of service co meet official regulatory requirements or for similar purposes in connection with this Agreement is not to be construed as publication in derogation of the reserved rights of Consultant or Consultant's subconsultants. Upon request and payment of all costs im•olved, Client is entitled to a copy of all final drawings and specifications for use in connection with the project for which the drawings and specifications have been prepared. Client acknowledges that its right to utilize final drawings and specifications and the services of Consultant provided pursuant to this Agreement will continue only so long as Client is not in default, pursuant to the terms and conditions of this Agreement, and Client has performed all its obligations under this Agreement. In the event Client is in default of any of the terms and conditions of this Agreement, any license or right to utilize the instruments of service by Client is automatically revoked. In the event of any conflict Professional Services Agreement:
2025 MASTER SEWE PLAN 6
between this provision and the requirements of the California Public Records Act (the "Act''), the parties will follow the requirements of the Act.
10.12 Subcontracts
Consultant shall be entitled, to the extent determined appropriate by Consultant, to subcontract any portion of the work to be performed under this Agreement. Consultant shall be responsible to City for the actions of persons and firms performing subcontract work. The subcontracting of work by Consultant shall not relieve Consultant, in any manner, of the obligations and requirements imposed upon Consultant by this Agreement.
10.13 Term; Termination
The term of this Agreement shall commence upon City's issuance to Consultant of a notice to proceed for all or a portion of the work, as hereinabove provided, and shall end upon City's acceptance and payment for all or such portion of the work as was authorized by such notice, including any and all retentions.
Notwithstanding the foregoing, City may, in its sole discretion, terminate this Agreement at any time and for any reason whosoever by giving at least ten (10) days' prior written notice of such termination to Consultant.
10.14 Notices
Any notices required to be given pursuant to this Agreement shall be deemed to ha,·e been given by their deposit, postage prepaid, in the United States Postal Service, addressed to the parries as follows:
a. To City:
b. To Consultant:
Joey Forseth-Deshais, City Manager
City of Anderson
1887 Howard Street
Anderson, CA 96007
Nothing hercinabovc shall prevent either City or Consultant from personally delivering any such notices to the other.
SECTION 11- SPECIAL PROVISIONS
This Agreement shall include all special provisions, if any, as arc set forth on EXHIBIT "E" entitled "SPECIAL PROVISIONS."
IN WITNESS WHEREOF, the parries hereto have made and executed this Agreement the day and year first above written.
Professional Services Agreement:
2025 MASTER SEWE PLAN 1
CITY OF ANDERSON
Joey Forseth-Dcshais
City Manager
Date
ATTEST:
Christy White
City Clerk
Professional Services Agreement:
2025 MASTER SEWE PLAN
PACE ENGINEERING, INC.
Prim Name: ______ _
Title: ________ _
Date
8 PROPOSAL
August 21, 2025
Adam Whelen
City of Anderson
1887 Howard Street
Anderson,CA 96007
[email protected] nderson .ca.us
Dear Adam,
Subject: PROPOSAL FOR ENGINEERING SERVICES- REV 1
Master Sewer Plan
5155 VENTURE PARKWAY
REDDING, CA 96002
(530) 244-0202
PACE Engineering, Inc. (PACE) is pleased to provide this proposal to the City of Anderson (City).
It is our understanding that the City desires to complete a Master Sewer Plan. The City's last Master Sewer Plan was completed in 2007 and, since then, the City has made significant modifications to its sewer system. As a result, a new Master Sewer Plan is needed to re-evaluate the current sewer system and guide the City's future improvements. Our proposed Scope of Services is shown below:
SCOPE OF SERVICES
TASK 100 - CITY DATA REVIEW
The City has developed a Geospatial Information System (GIS) that includes their sewer system.
The data contained within the sewer system GIS can be used as the basis for a hydraulic model; however, it is our understanding that the accuracy of this data varies widely depending on location. A review of this data is necessary before it can be used in a hydraulic model. The effort required to perform this task depends on the accuracy of the initial data, which is unclear at this time. The following item will be completed:
1. PACE will review existing City sewer system GIS and compare it to mapping provided by the City.
TASK 200- MAPPING UPDATE
PACE will prepare an updated dataset for use in the hydraulic model. This effort will include:
1. A kickoff meeting with City staff to review the existing system and needed information.
2. Using Task 100 datasets and field verification of manhole invert elevations, PACE will assemble the interceptor and trunk-main network that consolidates flows from upstream collectors.
Pipe sizes and materials will be taken from City-provided data and standards and refined where field results are available. Sewer line connectivity will be based on City records.
3. Field verification of approximately 700 manhole inverts.
PROPOSAL
TASK 300 -WET WEATHER FLOW MONITORING
Master Sewer Plan
Collection system monitoring and flow measurement services will be performed to acquire data for the preparation of the hydraulic model.
PACE will utilize flow monitors for a total of five months of monitoring. It is anticipated that two months of monitoring will be completed in the winter of 2025-2026 and another three months in the winter of 2026-2027. PACE will work with the City to observe weather conditions to determine the monitoring start and end dates. If weather conditions continue to be conducive for infiltration and inflow (l&I) monitoring in 2025-2026, it is recommended that the monitoring period be extended for additional months to collect as much 1&1 flow data as possible.
If that is the case, it is anticipated a final report can be provided by the end of 2026. However, if wet weather conditions are not sustained during the monitoring period, it is recommended that the monitoring effort be suspended until conditions improve or until the winter of 2026-2027.
The schedule herein anticipates the worst-case scenario in which flow monitoring will be required over two winters.
PACE will complete the tasks listed below:
1. Review selected initial monitoring sites prior to the monitoring start date to determine suitability for flow monitoring. Alternate locations will be identified and reviewed if the initial site is determined to be unsuitable.
2. Review local weather forecasts and precipitation to determine the start of the data collection period. Local weather forecasts and precipitation will be monitored to determine dates to collect data and relocate meters.
3. Account for precipitation either via commercially available data or installation of a temporary rain gauge.
4. Install flow monitors and inspect them periodically to ensure the equipment is in good working condition and collecting accurate data or provide remote monitoring.
5. Collect all flow monitoring data, at a minimum on a monthly basis. Frequent rain events will necessitate more frequent data collection.
6. Remove all monitoring equipment at the conclusion of the monitoring period.
7. Restore all monitoring sites to their original conditions, unless previously agreed upon by the City. Note, flow monitoring may require anchors to be installed within the manhole. Equipment will be removed, but anchor holes will remain.
Data analysis will be performed on an ongoing basis throughout the duration of the monitoring efforts, not only to coordinate the monitoring and flow measurement work but to determine the l&I flows in each monitored basin. As part of this analysis, the collected data is scaled to peak wet weather flow {PWWF) conditions, usually associated with a 100-year rain event, and is analyzed by comparing the 1&1 flows to the area in the basin and to the total length of sewer main in the basin. This provides a basis to determine the severity of the l&I flows generated in each basin. This information is input into the hydraulic model.
At the end of the analysis, a compilation of a list of projects that will reduce l&I will be developed and included in the report (refer to Task 500). If the analysis indicates a particular basin is experiencing more inflow rather than infiltration, further investigative work, such as
PROPOSAL
Master Sewer Plan
smoke testing, may be recommended to identify inflow sources, such as cross connections to storm drains or roof drains. A preliminary cost estimate of the recommended l&I reduction projects will be developed.
TASK 400 - HYDRAULIC MODELING
Based on the data developed in Tasks 200 and 300, the following hydraulic models will be developed using AutoDesk's lnfoWorks ICM and Esri's ArcGIS Pro:
1. Base Model - PACE will develop a Base Model that represents the existing system. The Base Model will include:
a. Existing PWWFs.
b. Existing trunk and sewer collecting mains, lift stations, and force mains. c. Calibrating the model based on City-provided historical lift station and wastewater treatment plant (WWTP) flow records.
d. The Base Model will be used to propose trunk sewer collection main, force main, and pumping facilities to remediate existing and near-term sewer system deficiencies.
2. 20-Year Model - PACE will develop a 20-Year Model that will:
a. Utilize the Base Model as a starting point.
b. Include 20-year wastewater flows based on growth input from the City. These will include planned developments and/or infill within the existing service area boundary.
c. The 20-Year Model will be used to propose trunk sewer collection main, force main, and pumping facilities to remediate 20-year sewer system deficiencies.
3. Ultimate Model - PACE will develop an Ultimate Model that will:
a. Utilize the 20-Year Model as a starting point.
b. Include ultimate wastewater flows based on permissible development densities and input from the City.
c. The Ultimate Model will be used to propose trunk sewer collection main, force main, and pumping facilities to remediate ultimate sewer system deficiencies.
TASK 500- REPORT
Based on the models developed in Task 400, a draft Master Sewer Plan report wilt be developed.
The report will include the following:
1. Summary of the existing sewer system:
• Collection system
• Lift stations
• WWTP (general description)
2. Future sewer flows:
• Service area
• Growth projection
• Projected sewer flows
3. Analysis and recommended improvements:
• General
• Collection system
• Lift stations
PROPOSAL
Master Sewer Plan
• WWTP (general overview of process and components based on available information)
• Monitoring, alarm, and control systems
4. Cost estimates and financial considerations:
• Basis
• Improvement costs
• Financial considerations
5. Supporting figures, tables, and plates
Five hard copies of the draft Master Sewer Plan will be submitted to the City for comment. City comments will then be incorporated into a final Master Sewer Plan, of which twenty hard copies will be submitted to the City. PACE will be available to present the final Master Sewer Plan to the City Council.
EXCLUSIONS
The following items are not included in the above Scope of Services:
1. Consultation with authority(ies) having jurisdiction
2. Final design of proposed improvements
3. Cost estimates with accuracy beyond budgetary
4. Survey of manhole inverts, beyond those noted herein
5. Identification of pipe material and diameters beyond those readily apparent from a visual manhole observation
6. Determining connectivity of the system
FEE
Our proposed fee for completing the identified Scope of Services is shown below. Refer to the attached Fee Estimate and Person-Hour Breakdown. The fee assumes the majority of the Scope of Services will be completed in 2026 and accounts for typical inflationary increases in our standard rates. Given the uncertainty surrounding Tasks 100 and 300, they will be completed on a time-and-expense basis not to exceed without prior approval. The remainder of the tasks will be billed on a percent complete basis.
Task 100 - City Data Review:
Task 200 - Mapping Update:
Task 300 - Wastewater Collection System
Monitoring and Flow Measurements:
Task 400 - Hydraulic Modeling:
Task 500 - Report:
Total:
$10,000
$100,000
$102,000
$118,000
$51,000
$381,000
PROPOSAL
SCHEDULE
The proposed schedule is as follows:
DESCRIPTION
Sta rt Contract
DATE
September 2025
Master Sewer Plan
Wastewater Collection System Modeling and Flow Measurement Monitoring Field Work - Start Round 1 December 1, 2025
Field Work - Complete Round 1 February 27, 2026
Field Work • Start Round 2 December 1, 2026
Field Work • Complete Round 2 February 26, 2027
Data Analysis and Modeling Ongoing
Draft Report March 26, 2027
Final Report May 28, 2027
Thank you again for the opportunity to submit this proposal. Please contact me if you have any questions.
Sincerely,
Laurie Mccollum
Principal Engineer
LM/GM
Enclosure
c: Peter Wickenheiser, City of Anderson, [email protected] M:\Jobs\00.04\2025\City of Anderson\Master Sewer Plan Update\Proposal Ltr • MSP • REV 1.docx Worl< Tnk IDeoeriplion Ptlnclpal Engr S.nlor en,, No.
I •o I .. I 100 CitvOataFl:.view
2 Review exis.l:ina Gl5.'Aanrinn. data 1.0 6.0
3 Subtotal 1.0 6.0
4 200 Mannlnn U•date
s Pro Kt Kktofl end Seo • 2.0 a.o
6 PreDare sewer sw.lem badr.bone for e1nort 12.0
7 Subtotal 2.0 20.0
• 300 w.tW. therflowMonilortna
9 FMtld 1ktw monitOf initial instalation a.o
10 F»lcl data colecion and monitor rebcation, ff required (n1ume 32.0 rou,.1 ..... c:irto.ur .,,...,._, 11 12 Data oroce1sina I 2.0 I 24.0
n Subtolltt 2.0 I 64.0
14 ... Hwdraullc Modelina
15 E•islina CondlUon
16 Devek>D Bau Model 2.0 40.0
17 O.velon. Bne Model demand 2.0 J0.0
1• Calbfate Base Modet 20.0
19 e-,ak.i te e1:is s-.tem deficienaes 2.0 10.0
20 Oevelooe•is • and near-term ,..,.,,em ,m ements- 2.0 16.0 21 Oavelor. Plaln and Fmu,n 1.0 8.0
22 2().Year Condition
23 Develoo 20-Year Model 2.0 20.0
2, Develoo 20-Yeaf Model demand 2.0 14.0 ,. Ev•~-16 20-Vffr sftl mdtlcienOH 2,0 10,0 26 Devebo 20-'reaf svtUem ovements 2.0 12.0
27 Dtveloo Ptates and f:1aurK 1.0 8.0
2" Utirnate Condition
29 Devebo Ulmlale Model 2.0 16.0
JO O..eloo Ulirnolo Model do""'nd 2.0 10.0
31 Evallete svstem ducienaes 2.0 8.0
32 Develo kncrovements 8.0
33 Dl'Yeb 1.0 4.0
34 SubloLtl 25.0 234.0
35 S00 Re•ort
36 CoordinallOn and ,vniiect manainement 8.0
37 PreMre draft Mester Sewer Plan, aftd submi1 to the Citv 8.0 ,o.o '" Ois,cUQ and evall le Ina chanoes to draft Masler Sewer Plan 6.0 6,0 39 Finalze Master Sewtt Plan •• and submie to the 2.0 12.0 40 Premirt ro, lnalMnter sew., Plan ...... 2.0 ,.o 41 PreHnl ftnal Master Sewer Plan to Cirtl Courici1 e.o 42 Sublotal 18.0 76.0 43 44 Total Peraon-Hours 48 400
45 1.abot Cott Pe• Hout $ 269 s 247
4e labor Cost Per Clnstbtion S 12902 s te700
Cll1nt:
Pro~Cl!
Dato: JobHumb•r:
Assocl.ate Engr E"grGrade l SurwrM1r Survey Office
.. .. .. .. I
40.0 0.0 40.0 0.0 0.0
a.0
32.0 2.0 a.o 0.0 40.0 2.0 8.0
a.o
32.0 Flow monitor rental tor wet waathe, - rnonit
I JO.O I I 0.0 I 70,0 I 0.0 I 0.0
60.0 8.0
20.0 10.0
12.0 24.0
JO.O
16.0 10.0
8.0 16.0
16.0 ,.o
10.0 8.0
18.D
0.0 :ze4.0 0.0 0.0
a.o 8.0
40.0 20.0
6.0 12.0 a.o 4.0
6.0 70.0 42.0 0.0 0.0
70 I 460 I 2 I • I
s 222 s 200 s 247 s 200 $
s 155091$ 917701$ 4941 S 1.5961 S
Cl1nt: City ol Andecsoo Projttt: ~, s...- Plan
Dato: 81'21/2025 Job Numbtr: 0.04
Two-Man Office St.IN' Surwy
g~· ~o I
s 0.0 0.0 s
s 210.0 s 210.0 0.0 •
s
s 11sume ave momn, ot renta s I s 0.0 0.0 s
s
•
•
•
s 1.0 s
s
s
• s ,.o •
s
s
s
s 1.0 s 0.0 3.0 s
s 16.0 • 8,0 s 8.0 s
• $
0.0 32.0 s
210 I 35
398 $ 105
83.570 IS J.075
TOTAL COST ESTIMATE:
Category
Subtocal
sns
sns
4 108
95004
99 112
3 S70
14,280
72000
12 4S
102.295
22 378
9 S36
8925
5000
6880
7 136
11458
7 184
5000
5095
55'0
7.&78
3803
4 507
3 570
_. 553
118 241
5342
26552
5 130
1593
2411
2810
50839
1233
NIA
'--ut.0215
$380,215
EXHIBIT "A,,
2025 MASTER SEWER PLAN UPDATE
Project will prepare a Master Sewer Plan (MSP), Hydraulic Model, and Capital Improvement (CIP) update for the City of Anderson.
Professional Services Agreement: EXHIBIT "A"
EXHIBIT "B,,
SCOPE OF SERVICES-BASIC; SCOPE OF SERVICES
The consultant shall provide services as described in the "Proposal for engineering services, Master Sewer Plan" as prepared by PACE Engineering on August 21, 2025. The scope is attached.
Professional Services Agreement: EXHIBIT "B"
EXHIBIT "C"
SCOPE OF SERVICES-ADDITIONAL; COMPLETION SCHEDULE
No additional services arc scheduled at this time. Completion scheduled for Spring of 2027.
Professional Services Agreement: EXHIBIT "C"
EXHIBIT "D"
COMPENSATION; PAYMENT OF FEES
The consultant shall provide services as described in the "Proposal for Engineering Services, Master Sewer Plan" as prepared by PACE Engineering on August 21, 2025. The scope is attached.
The lump sum fee for the services, as described in Exhibit "B" - Scope of Services, is $381,000.00.
Personal Services Agreement: EXHIBIT "D"
PROPOSAL
August 21, 2025
Adam Whelen
City of Anderson
1887 Howard Street
Anderson, CA 96007
[email protected]
Dear Adam,
Subject: PROPOSAL FOR ENGINEERING SERVICES- REV 1
Master Sewer Plan
5155 VENTURE PARKWAY
REDDING, CA 96002
(530) 244-0202
PACE Engineering, Inc. (PACE) is pleased to provide this proposal to the City of Anderson (City).
It is our understanding that the City desires to complete a Master Sewer Plan. The City's last Master Sewer Plan was completed in 2007 and, since then, the City has made significant modifications to its sewer system. As a result, a new Master Sewer Plan is needed to re-evaluate the current sewer system and guide the City's future improvements. Our proposed Scope of Services is shown below:
SCOPE OF SERVICES
TASK 100- CITY DATA REVIEW
The City has developed a Geospatial Information System (GIS) that includes their sewer system.
The data contained within the sewer system GIS can be used as the basis for a hydraulic model; however, it is our understanding that the accuracy of this data varies widely depending on location. A review of this data is necessary before it can be used in a hydraulic model. The effort required to perform this task depends on the accuracy of the initial data, which is unclear at this time. The following item will be completed:
1. PACE will review existing City sewer system GIS and compare it to mapping provided by the City.
TASK 200- MAPPING UPDATE
PACE will prepare an updated dataset for use in the hydraulic model. This effort will include:
1. A kickoff meeting with City staff to review the existing system and needed information.
2. Using Task 100 datasets and field verification of manhole invert elevations, PACE will assemble the interceptor and trunk-main network that consolidates flows from upstream collectors.
Pipe sizes and materials will be taken from City-provided data and standards and refined where field results are available. Sewer line connectivity will be based on City records.
3. Field verification of approximately 700 manhole inverts.
PROPOSAL
TASK 300-WET WEATHER FLOW MONITORING
Master Sewer Plan
Collection system monitoring and flow measurement services will be performed to acquire data for the preparation of the hydraulic model.
PACE will utilize flow monitors for a total of five months of monitoring. It is anticipated that two months of monitoring will be completed in the winter of 2025-2026 and another three months in the winter of 2026-2027. PACE will work with the City to observe weather conditions to determine the monitoring start and end dates. If weather conditions continue to be conducive for infiltration and inflow {l&I) monitoring in 2025-2026, it is recommended that the monitoring period be extended for additional months to collect as much l&I flow data as possible.
If that is the case, it is anticipated a final report can be provided by the end of 2026. However, if wet weather conditions are not sustained during the monitoring period, it is recommended that the monitoring effort be suspended until conditions improve or until the winter of 2026-2027.
The schedule herein anticipates the worst-case scenario in which flow monitoring will be required over two winters.
PACE witl complete the tasks listed below:
1. Review selected initial monitoring sites prior to the monitoring start date to determine suitability for flow monitoring. Alternate locations will be identified and reviewed if the initial site is determined to be unsuitable.
2. Review local weather forecasts and precipitation to determine the start of the data collection period. Local weather forecasts and precipitation will be monitored to determine dates to collect data and relocate meters.
3. Account for precipitation either via commercially available data or installation of a temporary rain gauge.
4. Install flow monitors and inspect them periodically to ensure the equipment is in good working condition and collecting accurate data or provide remote monitoring.
5. Collect all flow monitoring data, at a minimum on a monthly basis. Frequent rain events will necessitate more frequent data collection.
6. Remove all monitoring equipment at the conclusion of the monitoring period.
7. Restore all monitoring sites to their original conditions, unless previously agreed upon by the City. Note, flow monitoring may require anchors to be installed within the manhole. Equipment will be removed, but anchor holes will remain.
Data analysis will be performed on an ongoing basis throughout the duration of the monitoring efforts, not only to coordinate the monitoring and flow measurement work but to determine the l&I flows in each monitored basin. As part of this analysis, the collected data is scaled to peak wet weather flow (PWWF) conditions, usually associated with a 100-year rain event, and is analyzed by comparing the l&I flows to the area in the basin and to the total length of sewer main in the basin. This provides a basis to determine the severity of the l&t flows generated in each basin. This information is input into the hydraulic model.
At the end of the analysis, a compilation of a list of projects that will reduce l&I will be developed and included in the report (refer to Task 500). If the analysis indicates a particular basin is experiencing more inflow rather than infiltration, further investigative work, such as
PROPOSAL
Master Sewer Plan
smoke testing, may be recommended to identify inflow sources, such as cross connections to storm drains or roof drains. A preliminary cost estimate of the recommended l&I reduction projects will be developed.
TASK 400- HYDRAULIC MODELING
Based on the data developed in Tasks 200 and 300, the following hydraulic models will be developed using AutoDesk's lnfoWorks ICM and Esri's ArcGIS Pro:
1. Base Model - PACE wilt develop a Base Model that represents the existing system. The Base Model will include:
a. Existing PWWFs.
b. Existing trunk and sewer collecting mains, lift stations, and force mains. c. Calibrating the model based on City-provided historical lift station and wastewater treatment plant (WWTP) flow records.
d. The Base Model will be used to propose trunk sewer collection main, force main, and pumping facilities to remediate existing and near-term sewer system deficiencies.
2. 20-Year Model - PACE will develop a 20-Year Model that will:
a. Utilize the Base Model as a starting point.
b. Include 20-year wastewater flows based on growth input from the City. These will include planned developments and/or infill within the existing service area boundary.
c. The 20-Year Model will be used to propose trunk sewer collection main, force main, and pumping facilities to remediate 20-year sewer system deficiencies.
3. Ultimate Model - PACE will develop an Ultimate Model that will:
a. Utilize the 20-Year Model as a starting point.
b. Include ultimate wastewater flows based on permissible development densities and input from the City.
c. The Ultimate Model will be used to propose trunk sewer collection main, force main, and pumping facilities to remediate ultimate sewer system deficiencies.
TASK S00- REPORT
Based on the models developed in Task 400, a draft Master Sewer Plan report will be developed.
The report will include the following:
1. Summary of the existing sewer system:
• Collection system
• lift stations
• WWTP (general description)
2. Future sewer flows:
• Service area
• Growth projection
• Projected sewer flows
3. Analysis and recommended improvements:
• General
• Collection system
• Lift stations
PROPOSAL
Master Sewer Plan
• WWTP (general overview of process and components based on available information)
• Monitoring, alarm, and control systems
4. Cost estimates and financial considerations:
• Basis
• Improvement costs
• Financial considerations
5. Supporting figures, tables, and plates
Five hard copies of the draft Master Sewer Plan will be submitted to the City for comment. City comments will then be incorporated into a final Master Sewer Plan, of which twenty hard copies will be submitted to the City. PACE will be available to present the final Master Sewer Plan to the City Council.
EXCLUSIONS
The following items are not included in the above Scope of Services:
1. Consultation with authority(ies) having jurisdiction
2. Final design of proposed improvements
3. Cost estimates with accuracy beyond budgetary
4. Survey of manhole inverts, beyond those noted herein
5. Identification of pipe material and diameters beyond those readily apparent from a visual manhole observation
6. Determining connectivity of the system
FEE
Our proposed fee for completing the identified Scope of Services is shown below. Refer to the attached Fee Estimate and Person-Hour Breakdown. The fee assumes the majority of the Scope of Services will be completed in 2026 and accounts for typical inflationary increases in our standard rates. Given the uncertainty surrounding Tasks 100 and 300, they will be completed on a time-and-expense basis not to exceed without prior approval. The remainder of the tasks will be billed on a percent complete basis.
Task 100- City Data Review:
Task 200- Mapping Update:
Task 300 - Wastewater Collection System
Monitoring and Flow Measurements:
Task 400- Hydraulic Modeling:
Task 500 - Report:
Total:
$10,000
$100,000
$102,000
$118,000
$51,000
$381,000
PROPOSAL
SCHEDULE
The proposed schedule is as follows:
DESCRIPTION
Start Contract
DATE
September 2025
Master Sewer Plan
Wastewater Collection System Modeling and Flow Measurement Monitoring Field Work - Start Round 1 December 1, 2025
Field Work - Complete Round 1 February 27, 2026
Field Work - Start Round 2 December 1, 2026
Field Work - Complete Round 2 February 26, 2027
Data Analysis and Modeling Ongoing
Draft Report March 26, 2027
Final Report May 28, 2027
Thank you again for the opportunity to submit this proposal. Please contact me if you have any questions.
Sincerely,
Laurie Mccollum
Principal Engineer
LM/GM
Enclosure
c: Peter Wickenheiser, City of Anderson, [email protected] M:\)obs\00.04\2025\City of Anderson\Master Sewer Plan Update\Proposal Ltr . MSP . REV 1.doex Clent:
Project:
Dat.:
Job NunMr.
Wort THk IDe•cription Principal Engr S.n~rEnar Assodtkl Entt En,;rGniCM l SurwyM9r 9urwy Offi<:111 No. co c, C4 c, ., "'
1 100 Cihl Dara Rt'INlw
2 Revte'W e1i1,tirv1 Gls.Ma data 1.0 e.o I 40.0 I
' Sl.lblOC.I 1.0 6.0 0.0 40.0 0.0 I 0.0 4 zoo Man111ina U .. 5 Pmied Kickoff and Si:.., 2.0 11.0 8.0 • Preoare HYl t sntem batkboM for tn,ort 12.0 32.0 I 2.0 I 11.0 7 Su~otal 2.0 20.0 0.0 4'.0 2.0 11.0 . 300 w. r Flow Monttortna 9 mOnitOr initial IMlalation a.o u 10 eoledion and monitor re'location. ;, required (auurne 320 )2.0 four dlll'S. Of four slOrmsl 11 'fYIG!rWCor ,.nla (Of wtl W9atl'let moncton 12 Data rvoeesainn 2.0 24.0 30.0 1' 81.1btot.l 2.0 114.0 0.0 I 70.0 0.0 0.0 14 000 HvdrauUc: Madelina 15 Ed,tifVI Condition
IA Oev1bt1 Bas. Mode-I 2.0 4'0.0 60.0 17 DevabD 8,au Mode• demand 2.0 30.0 8.o .. Clltwate Base Mode-, 20.0 20.0 It Evo~atee1isti • • 2.0 10.0 1,0 20 Dev em i trnents. 2.0 16.0 12.0 21 Dtv 1.0 e.o 24.0 22 20-Year n
23 OevtbD Year Model 2.0 20.0 30.0 24 Devebo 20-Year Model demand 2.0 14.0 16.0 •s EvalJate 20-Year •~lem deldenc:ies 2.0 10.0 10.0 .,.. DIYtkt"" 20-Ye,r ,..,..ltm imrvovement5 2.0 12.0 8.0 27 Devebn Plates and FWlures 1.0 a.o 16.0 ,, Utimale Condition 29 DIYtlon Ulimate Model 2.C 115.0 18.0 30 Devebn~odeldemand 2.0 10.0 4.0 31 Evtl.i•tt s tem defidenciH 20 1.0 10.0 32 Oevelon nts ao 8.0 33 Davebn I.O 4.D 18.0 34 Sub1otal 25.0 234.0 0.0 268.0 o.o 0.0 35 500 R••ort 31! Coordination and ·~man mont 8.0 8.0 1.0 37 P,ena,t drat\ Masi or $ewe, Plan reoon and submit 10 the 8.0 40.0 •o.o 20.0 '" DisarH and ev.~ata final es lo df ft Master Sewer n 6.0 6.0 6.0 39 FinJtle Mast11Jr &lwer F>tan re and stJbmit to th• 2.0 12.0 12.0 8.o 40 Pre0rare for lnal Mast.t Sewer Plan Atalion 2.0 4.0 4.0 •1 Pre-sent final Master Sl'\'l'tr Pt,n lo Citv Coundl 6.0 8.0 42 Subtotal 11.0 78.0 70.0 2.0 0.0 0.0 '3
.. ToCat Parsol'Mioursl 48 I 400 I 70 460 2 8 l ,s Ulbor Casi Per Houri S 269 > 2,1 s 222 $ 200 s 247 $ 200 s * labor C05t Petr Ctas-.etionl S 129021 $ 987001S 155091 S 91 770 $ 494 $ 1.596 > Cli nt: City of Andlf'50n
Project: Master Sewer Plan
Da,_; llt.1112025
Job Number. CU)4
Two-Man Office Statf Survey
• 0.0 o.a $
I , . 210.0 $
2100 I 0.0 I•
I $
$
assum& he tneinchs ol renlakl: $
I<
0.0 0.0 $
$
$
,.
$
$ ,. $
$
$
IS
s 1.0 $
s
I<
$
s ,.o $
0.0 3.0 s
s 18.0 s 8.0 $
a.o s
$
$
0.0 32.0 s
210 I 35 I
398 s 105 I
83 570 s 3.675
TOTAL COST ESTIMATI!:
Cat.gory
Subtotal
9 729
9729
4108
95004
t9 112
3570
1•.2so
nooo
12445
102295
22.378
9538
11925
5000
6880
7 136
11 458
7 184
5000
S 095
5540
7e78
3803
4.507
3 570
4553 1,a,,1
S 342
26 552
S 130
8 593
2•11
21110
50 839
1233
NIA
•380 215
$310,2,S
EXHIBIT "A"
2025 MASTER SEWER PLAN UPDATE
Project will prepare a Master Sewer Plan (MSP), Hydraulic Model, and Capital Improvement (CIP) update for the City of Anderson.
Professional Services Agreement: EXHIBIT .. A"
EXHIBIT "B"
SCOPE OF SERVICES-BASIC; SCOPE OF SERVICES
The consultant shall provide services as described in the "Proposal for engineering services, Master Sewer Plan" as prepared by PACE Engineering on August 21, 2025. The scope is attached.
Professional Services Agreement: EXHIBIT "B"
EXHIBIT "C"
SCOPE OF SERVICES-ADDITIONAL; COMPLETION SCHEDULE
No additional services arc scheduled at this time. Completion scheduled for Spring of 2027.
Professional Services Agreement: EXHIBIT "C"
EXHIBIT "D"
COMPENSATION; PAYMENT OF FEES
The consultant shall provide services as described in the "Proposal for Engineering Services, Master Sewer Plan" as prepared by PACE Engineering on August 2 I, 2025. The scope is attached.
The lump sum fee for the services, as described in Exhibit "B" - Scope of Services, is $381,000.00.
Personal Services Agreement: EXHIBIT "D"
EXHIBIT "E''
SPECIAL PROVISIONS
INSURANCE REQUIREMENTS FOR CONSULT ANT
CONSULT ANT shall procure and maintain for the duration of the contract insurance against claims and injuries to persons or damages to property which may arise from or in connection with the work hereunder by the CONSULT ANT, his agents, representatives, employees or subcontractors. The cost of such insurance shall be the sole responsibility of the CONSULT ANT.
A. Minimum Scope of Coverage:
Insurance shall cover:
1. Professional Liability.
2. Comprehensive General Liability.
3. Automobile Liability.
4. Workers Compensation.
B. Minimum Limits of Insurance:
1. Professional Liability: $2,000,000 errors and omissions.
2. Comprehensive General Liability: 52,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage.
3. Automobile Liability: St ,000,000 combined single limit per accident for bodily injury and property damage.
4. \X'orkers Compensation: Limits as set forth in the Labor Code of the State of California.
C. Deductibles:
Any deductibles must be declared to and approved by the City.
D. Other Insurance Provisions:
The Policies must contain the following provisions:
1. General Liability and Automobile Liability Coverage:
a. The City, its officials, employees and volunteers arc to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the CONSULTANT; premises owned, leased, or used by the CONSULTANT; or automobiles owned, leased, hired or borrowed by the CONSULTANT.
Professional Services Agreement: EXHIBIT "E"
The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees and volunteers. b. The CONSULT ANT's insurance coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance maintained by the City, its officials, employees and volunteers shall be excess of CONSULT ANT's insurance and shall not contribute with it. c. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees and volunteers. d. coverage shall state that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer's liability.
2. \'\forkers Compensation:
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees and volunteers for losses arising from work performed by CONSULTANT for the City.
3. All Coverage:
Each insurance policy required herein shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days advance written notice to City by certified mail, return receipt requested.
E. ,\cceptability of Insurers:
Insurance shall be placed with insurers admitted to do business in California and with a Best rating of no less than A+.
F. Verification of Coverage:
CONSULTANT shall furnish the City with certificates of insurance coverage with the City named as an additional insured, and with original endorsements affecting coverage as required by this Agreement. The certificates and endorsements for each insurance policy arc to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be received and approved by the City before work commences.
G. Subcontractors:
CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
Professional Services Agreement: EXHIBIT "E"
AGENDA ITEM
September 16, 2025 City Council Meeting
To:
Through:
Honorable Mayor and Members of the Anderson City Council Joey Forseth-Deshais, City Manager
From: Adam Whelen, Public Works Director
Date: September 16, 2025
I SUBJECT
No Parking zone on Emily Drive.
I RECOMMENDATION
The Public Works Director recommends that the City Council:
1. Receive a staff report;
2. Receive public comment;
3. Consider adoption of a resolution establishing a "No Parking" zone along the northerly side of Emily Drive.
!FISCAL IMPACT
There is a minimal expense for Public Works employees to remove the existing signs along the Emily Drive locations. The setup and take down will occur during the normal course of the work week.
I DISCUSSION and BACKGROUND
The City of Anderson traffic committee met on August 14, 2025, to discuss the existing No Parking zone present on Emily Drive. The existing area was established by Resolution 80- 40, which established a designated parking zone for park activities and created a No ITEM 8.9b PAGE1 9/16/2025
Parking zone on the westerly side of Emily Drive. The exhibit and Resolution reflect different areas and has created confusion for the Anderson Police Department to enforce the No Parking zone. The decision of the traffic committee was to reduce the existing No Parking zone from 535 feet down to just the minimum area needed for clearance of the gates on Emily that are closed when the road floods. This will allow parking on the rest of Emily Drive and clarify the areas under enforcement.
I ATTACHMENT
1. Resolution establishing "No Parking" zone
2. Parking Restriction Exhibit
3. Resolution No. 80-40
ITEM 8.9b PAGE2 9/16/2025
ATTACHMENT 1
RESOLUTION NO. 25-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON,
ESTABLISHING A NO PARKING ZONE ON EMILY DRIVE
BE IT RESOLVED, the City Council of the City of Anderson hereby removes a "No Parking" zone of 525' west of its intersection with Bruce Drive as established in City Council Resolution 80-40.
BE IT FURTHER RESOLVED, the City Council of the City of Anderson hereby establishes a "No Parking'' zone as provided in Section 10.32.010 of the Anderson Municipal Code at the following location, 100' west of its intersection with Bruce Drive on the northerly side.
PASSED AND ADOPTED by the City Council of the City of Anderson, this 16th day of September, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susie Baugh, Mayor
ATTEST:
Christy White, City Clerk
SOURCE:
..
ENGINEERING DMSION
Pla.lCWOA<SDEPARTIB«
0 OWG. NO: I DATE:
2505
2!10 :,00 -7:IO
FtET
09/08/2025
~
s~ r§.G
9-~
~\J
r..,·
~~~ ~'f
Emily Drive - No Parking Exhibit
Location Map
RESOLUTION NO. 80-40
RESOLUTION ESTABLISHING A DESIGNATBD PARKI~G
AREA AT VOLONTE PARK AND A NO PAR.KING ZONE
ON EMILY DRIVE.
WHEREAS, Section 9.38.170 Anderson Municipal Code provides in city parks that vehicles may only be operated on roadways and designated parking areas; and
WHEREAS, it is necessary for the city to establish a designated parking area in Volonte Park; and
WHEREAS, it is necessary to designate a no parking area on Emily Dr i,,e.
NOW, THEREFORE, BE IT RESOLVED by the City Council that a designated parking area in Volente Park is hereby designated as that area of the park ,northnorthwest of a line drawn 10 feet north-northwest of the Doc . Campbell field fence 1 ine, beginning at the southerly boundary of the park and ex tending through to the northerly boundary of the park, as shown on Exhibit A which is attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that a permanent "no parking zone" be established on the south side of Emily Drive extending 525' west of its intersection with Bruce Drive.
PASSED AND ADOPTED by the City Council of the City of Anderson this 7th day of October, 1980, by t he following vote:
AYES: councilmen Pepper, Dorsey, Bennett, •oiLullo, and Mayor Logan NOES: None
ABSENT: None
Mayor ;,k ~derson
of Anders on
I
. -
..
.