Solid Waste Franchise Agreement

This Solid Waste Franchise Agreement (“Agreement”) is entered into as of January 1, 2023, between the Stinson Beach County Water District (“District”), a California county water district, and Recology Sonoma Marin, a California corporation (“Recology”).

RECITALS

WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions;

WHEREAS, in 2016, the legislature passed SB 1383, the largest and most prescriptive waste management legislative update in California since AB 939, as part of California’s larger strategy to combat climate change ("SB 1383");

WHEREAS, SB 1383 set methane emissions reduction targets for California in a statewide effort to reduce emissions of short-lived climate pollutants ("SLCP") by reducing organic waste disposal 75% by 2025 and rescuing at least 20% of currently disposed surplus food for people to eat by 2025;

WHEREAS, in 2020 the California Department of Resources Recycling and Recovery (“CalRecycle”) adopted the SLCP: Organic Waste Reductions regulations (SB 1383 Regulations) which set forth extensive requirements for solid waste collection and disposal, including requirements for local jurisdictions;

WHEREAS, Recology and its predecessors have provided solid waste collection, removal and disposal services to the District since 1990 pursuant to a separate contract dated April 21, 1990, as amended on January 18, 2014, May 1, 2021, November 1, 2021 and May 21, 2022 ("Prior Agreement");

WHEREAS, the Prior Agreement will expire on January 1, 2023 and the parties wish to enter into this new Agreement in order to comply with SB 1383 and the SB 1383 Regulations;

WHEREAS, pursuant to California Public Resources Code Section 40059(a)(1), the Board of Directors of District (the “District Board”) has determined that the public health, safety and well-being require that an exclusive franchise continue to be awarded to a qualified solid waste enterprise for the collection of solid waste within District; and

WHEREAS, Recology has demonstrated the experience and qualifications to arrange with residents and businesses within District for the collection and safe transport of solid waste to the facilities designated herein; and

WHEREAS, the initial rates provided for in this Agreement have been mutually agreed by the parties, taking into account various factors such as cost increases due to inflation, and changes in the scope of services and rate structure compared to the Prior Agreement.

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

1.              DEFINITIONS.

“Annual Cost of Operations” means all costs reasonably expected to be incurred by Recology in the performance of this Agreement for the Rate Year, other than Pass-Through Costs.

“Applicable Law” means any and all applicable laws, statutes, codes, ordinances, rules, regulations, judgments, decrees, orders, decisions, permits, permit conditions, mitigation measures, and other requirements of any governmental entity, as in effect from time to time.

“Bin” means a metal Container with typical capacity of one (1) to six (6) cubic yards, with a hinged lid, with or without wheels, typically serviced by a front-loading Collection vehicle.

“BLS” means the U.S. Department of Labor, Bureau of Labor Statistics, or its successor agency.

“Blue Container” means a Container colored as follows: (a) the lid shall be blue, or (b) the body shall be blue and the lid shall be either blue, gray, or black. Hardware such as hinges and wheels may be any color.

“Bulky Items” means household appliances, furniture, tires, carpet, mattresses, and other large items discarded by Single-Family Premises customers that require special handling due to their size, but that can be safely collected manually by a single driver, without special loading equipment (e.g. forklifts) and without violating vehicle load limits. Bulky Items do not include motor vehicles or any subassembly, component or part thereof (except tires), TVs or computer monitors, Construction and Demolition Debris, or Excluded Waste. Bulky Items also do not include waste that has been placed in a Container.

“Cart” means a Toter brand or equivalent plastic cart with 20-, 32-, 64- or 96-gallon capacity, with lid and wheels.

“Commercial Premises” means all premises within the Franchise Area that are not Single-Family Residential Premises, including but not limited to Multi-Family Premises.

“Composting” means the controlled biological decomposition of organic waste.

“Construction and Demolition Debris” or “C&D” means materials resulting from construction, renovation, remodeling, repair, or demolition of any building, structure, pavement or other improvement, including concrete, brick, bituminous concrete, rubble, wood and masonry, composition roofing and roofing paper, steel, and other metals such as copper. C&D excludes Excluded Waste.

“Container” means any Cart, Bin or Debris Box.

“Contamination” means material other than Organics in the Green Container, or material other than Recyclables in the Blue Container.

“Recology” means Recology Sonoma Marin, a California corporation.

“Debris Box” means a metal Container with a typical capacity of twenty (20) to forty (40) cubic yards, typically serviced by a roll-off Collection vehicle.

“Detailed Rate Review” means an adjustment to Maximum Rates in accordance with the procedure set forth in Exhibit C.

“Excluded Waste” means any material or category of material that (i) is or contains Hazardous Waste, (ii) is or contains “designated waste” as defined in California Water Code Section 13173, (iii) is “medical waste” as defined under the California Medical Waste Management Act, (iv) is radioactive waste regulated pursuant to the California Radiation Control Law, (v) abandoned vehicles and parts thereof, (vi) sewage sludge, (vii) manure or other animal waste, or (viii) in Recology’s reasonable opinion would present a risk to human health or the environment, cause a nuisance, or otherwise create or expose District or Recology to potential liability. As to Solid Waste, Excluded Waste also includes any material or category of material under Applicable Laws requires special treatment, handling or disposal procedures beyond those normally required for nonhazardous municipal solid waste (e.g. ash, contaminated soil, asbestos-containing materials, waste containing free liquids, and discarded home and industrial appliances). No Excluded Waste shall be considered as Solid Waste, Recyclables, Organics or C&D.

 “Food Waste” means discarded organic material consisting of (i) kitchen or table food scraps; (ii) meat, fish, dairy, fruit, grain, or vegetable waste that is generated during or results from the storage, preparation, cooking, or handling of foodstuffs; or (iii) paper or cardboard of any grade that is soiled with food or liquid. Food Waste does not include bioplastics.

“Franchise Area” means the entire area within the territorial boundaries of District as of the Commencement Date.

“Governmental Fees” means any and all fees, assessments, taxes, tariffs or other charges required to be paid to any governmental entity by Recology in the performance of this Agreement, including on the disposal, processing, transfer, transport or other handling of material collected by Recology under this Agreement, provided in each case that Governmental Fees shall not include fines or penalties for violating Applicable Law.

“Gray Container” means a Container colored as follows: (a) the lid shall be gray or black, or (b) the body shall be gray or black and the lid shall be gray or black. Hardware such as hinges and wheels may be any color.

“Green Container” means a Container colored as follows: (a) the lid shall be green, or (b) the body shall be green and the lid shall be green, gray, or black. Hardware such as hinges and wheels may be any color.

“Green Waste” means discarded organic material consisting of trees, branches, shrubs, grass, leaves, lawn clippings, prunings, weeds and other vegetative waste, provided that no item is longer than three feet (3’) in its longest dimension or six inches (6”) in diameter. Green Waste does not include bricks, rocks, gravel, concrete, sod, large quantities of dirt, loose fruits and vegetables, stumps, palm fronds, oleander, or pet waste.

“Gross Revenue” means all amounts collected from customers for the provision of services pursuant to this Agreement, net of (a) sales, excise or other taxes required to be collected from customers and paid to a governmental agency in connection with the provision of such services, if accompanied by a tax return or similar statement evidencing the amount of such taxes, and (b) any refunds to customers. Gross Revenue does not include (i) revenue generated from the sale of Recyclables, (ii) revenue from late fees or similar finance charges charged to customers, or (ii) amounts received from governmental authorities with respect to the services provided under this Agreement (such as curbside payments or grants), except in the governmental authority’s capacity as a customer hereunder.

“Hauler Route” means the designated weekly itinerary or sequence of stops scheduled to be performed by one collection vehicle providing regularly scheduled Solid Waste, Recyclable Material or Organics collection services (not on-call or Bulky Item collection) within Recology’s collection service area under this Agreement.

“Hazardous Waste” means any material or category of material that is or contains substances defined, regulated or listed as “hazardous,” “toxic,” a “pollutant,” or words of similar import under any Applicable Laws.

“Maximum Rates” means the maximum rates that Recology is permitted to charge customers for providing services under this Agreement.

“Multi-Family Premises” means a building that contains five (5) or more individual dwelling units.

“Organics” means wastes comprising material originated from living organisms and their metabolic waste products, including Food Waste, Green Waste, clean unpainted/untreated wood (with no nails, wire, etc.), paper products, and printing and writing paper, but excluding textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Excluded Waste. No material shall be considered Organics unless it has been segregated by the customer for separate collection. Each item of Organics must be less than or equal to three feet (3’) in its longest dimension and six inches (6”) in diameter, and must fit in the Container utilized by the customer.

“Pass-Through Costs” means (i) all disposal and processing fees, whether paid to a transfer station or to the destination facility, and including any associated Governmental Fees (collectively, tip fees), and (ii) all franchise fees or other fees payable to District under this Agreement, in each case reasonably expected to be incurred by Recology in the performance of this Agreement for the Rate Year.

“Person” means any individual, corporation, partnership, joint venture, limited liability company, trust, governmental entity, or other legal entity.

“Prior Agreement” means that certain Garbage Collection Contract between District and Recology dated April 21, 1990, as amended.

“Prohibited Container Contaminants” means any of the following:

(a)        Non-Organics placed in the Green Container, including but not limited to textiles and carpets, manure, biosolids, digestate, sludges, non-compostable paper, Construction & Demolition Debris, and Hazardous Waste;

(b)        Organics placed in the Gray Container that is specifically identified under this Agreement for collection in the Green Container or Blue Container;

(c)        Organics placed in the Blue Container that is specifically identified under this Agreement for collection in the Green Container. Paper products and printing and writing paper may be considered acceptable and not considered Prohibited Container Contaminants if they are placed in the Blue Container.

“Rate Year” means the February 1-January 31 period for which Maximum Rates are being adjusted.

“Recyclables” or “Recyclable Materials” means Source-Separated discarded materials that are capable of being Recycled. As of the date of this Agreement, “Recyclables” includes, but is not limited to: newspaper (including inserts, coupons, and store advertisements); mixed paper (including office/computer paper, magazines, junk mail, catalogs, brown paper bags, paper egg cartons, telephone books, shoe boxes, cereal and other similar food boxes); corrugated cardboard; glass containers; aluminum (including food/beverage containers and foil); scrap metal weighing less than ten (10) pounds (without cords or chains and fitting into the container); steel, tin or bi-metal cans; and plastic containers (#1, #2 and #5). Recology may, with the approval of District (not to be unreasonably withheld), add or remove items from this list. Recyclables does not include Organics or C&D. To be considered Recyclables, paper, cardboard and other fiber items must be dry and not soiled with food or liquid.

“Recycling” means “recycling” as defined in Section 40191 of the California Public Resources Code.

“Single-Family Premises” means a building that contains one (1) to four (4) individual dwelling units.

“Route Review” means a visual inspection of Containers along a Hauler Route for the purpose of identifying Prohibited Container Contaminants, which may include mechanical inspection methods such as use of cameras.

“SB 1383 Regulations” means the Short-lived Climate Pollutants (SLCP): Organic Waste Reductions regulations adopted by the California Department of Resources Recycling and Recovery (“CalRecycle”) in 2020. For purposes of this Agreement, the following terms (whether or not capitalized) shall have the meanings given to them in the SB 1383 Regulations, unless the context indicates a different meaning was intended: biosolids, digestate, non-compostable paper, paper products, printing and writing paper, sludges.

“Solid Waste” means “solid waste” as defined in Section 40191 of the California Public Resources Code, but excluding (i) Recyclables, (ii) Organics, (iii) C&D, and (v) Excluded Waste. For the avoidance of doubt, “Solid Waste” includes materials that would be Recyclables or Organics, but for the fact that such materials have not been Source-Separated.

“Source-Separated” means segregated from Solid Waste by the generator for purposes of Recycling, Composting, reuse, or other diversion from landfill disposal.

2.              TERM

The term of this Agreement (the “Term”) shall commence on January 1, 2023 (the “Commencement Date”) and continue for a period of five (5) years, through December 31, 2027, unless extended or earlier terminated as provided herein. The Term shall automatically and without any further action by either party be extended for five (5) additional years, through December 31, 2032, unless either party has provided written notice to the other, on or before December 31, 2026, that it does not wish the Term to be so extended. For the avoidance of doubt, this Agreement shall become a contractually binding obligation of each party upon its execution by both parties. The parties intend for the Prior Agreement to remain in effect and govern the rights and obligations of the parties through its expiration on December 31, 2022.

3.              EXCLUSIVITY OF FRANCHISE

3.1           Grant of Exclusive Franchise. District hereby grants to Recology the exclusive franchise, right and privilege to collect, transport and remove all Solid Waste, Recyclables and Organics generated or accumulated within the Franchise Area. The extent of this grant of shall be subject to any limitations imposed by Applicable Law, and to Section 3.2.

3.2           Exceptions to Exclusivity. The exclusive franchise, right and privilege set forth in Section 3.1 shall not apply to the collection, transport and removal of the following categories of materials, provided that such collection, transport and removal (including the destinations to which the materials are delivered) are performed in accordance with applicable District ordinances and other Applicable Law:

(a)            Source-Separated Green Waste generated by a gardening, landscaping or tree trimming contractor that is removed by such contractor, using the contractor’s own vehicles and employees, as an incidental part of the overall service provided by such contractor, rather than as a hauling service.

(b)            Items such as appliances, furniture, mattresses, or electronics removed from a premises by a vendor of such items, using the vendor’s own vehicles and employees, as an incidental part of the service of delivering a replacement item purchased from such vendor to such premises, rather than as a hauling service.

3.3           Right to Collect Other Waste. Recology shall have the non­exclusive right under this franchise, but is not obligated to, collect, transport and dispose of Construction and Demolition Debris and Excluded Waste generated or accumulated within District. To the extent Recology exercises such right, such services shall be outside this Agreement, and the terms and conditions thereof (including rates) shall be as mutually agreed by Recology and each customer.

4.              BASIC COLLECTION SERVICES

4.1           Mandatory Service. District shall adopt an enforceable ordinance, effective on or before the Commencement Date, that is consistent with SB 1383 and that requires the owners or occupants of all Residential and Commercial Premises within District to subscribe and pay for Solid Waste, Recyclables and Organics collection services from Recology, unless the premises qualifies for a de minimis waiver or physical space waiver granted by District pursuant to Section 18984.11 of the SB 1383 Regulations or is otherwise exempt by state law (such ordinance, the “Mandatory Collection Ordinance”).

4.2           Provision of Service. Recology shall make available the Solid Waste and Recyclables collection services set forth herein to all Residential and Commercial Premises within the Service Area. Recology shall make available the Organics collection services set forth herein as provided in Section 7.1.

4.3           Rates and Service Options. Except for services that this Agreement expressly requires Recology to provide at no additional charge, Recology shall be entitled to charge for all services provided hereunder at rates determined by Recology, provided that such rates shall not exceed the Maximum Rates set forth on Exhibit A, as adjusted from time to time in accordance with this Agreement. The available Container types and sizes, and the available frequencies of collection, shall be as set forth on Exhibit A. Recyclables and Organics Materials service shall be available only to customers who have subscribed for Solid Waste service.

4.4           Collection Frequency. Recology shall collect Solid Waste from Residential customers on a weekly basis. Recology shall collect Solid Waste from Commercial customers on the frequency subscribed for by the customer, but no less than once per week. 

4.5           Missed Pickups. If Recology fails to collect a Solid Waste, Recyclables or Organics Cart at the regularly scheduled collection time, Recology will collect the Solid Waste, Recyclables or Organics Cart within one (1) business day after notice by the customer without additional charge; provided that Recology did not refuse to collect the Cart for any of the reasons set forth in Section 6.1, and that Recology did not note the customer as a “no-setout.” This paragraph applies only to Carts, not Bins (which require special collection equipment to collect).

5.              MANNER OF COLLECTION

5.1           Orderly Collection. In making collections, Recology shall avoid crossing private or public planted areas and climbing or jumping over hedges and fences. After removing waste from any Cart or Bin, Recology shall return the Container to its designated position with its cover on. Recology shall close all gates opened by it while making collections.

5.2           Litter & Spills. Recology shall not litter any private or public property in making collections of waste, nor shall it allow any fluid, leachate or waste to spill, leak or fall from collection vehicles. If in spite of normal precautions, fluid, leachate or waste spills, leaks or falls on any premises or public property, Recology shall promptly clean up the same. Clean-up of hydraulic fluid, motor oil, or similar fluids means application of absorbents to mitigate the effects of the fluid, and does not include removing any stain that may remain after such absorbents have been applied.

6.              SETOUT REQUIREMENTS

6.1           General. Recology may refuse to collect a Container for any of the following reasons: (i) setout not in compliance with the District Code; (ii) setout in improper location (see Section 6.4); (iii) Container overweight or overflowing; (iv) Container is contaminated (see Section 6.3) or (v) Recology has reason to believe the Container contains Excluded Waste.

6.2           Non-Collection Notice. When a Container is not collected for any of the above reasons, Recology shall leave a tag attached to the Container (if accessible to Recology) clearly identifying the reason for non­collection. If, after Recology has placed a non-collection tag, the customer requests that Recology return to collect the Container (properly set-out, and with any Contamination removed), then Recology shall collect such Container within one (1) business day of the customer’s request, and shall be entitled to charge the customer the return trip charge referred to in Exhibit A.

6.3           Contamination. A Recyclables or Organics Container shall be deemed contaminated if Recology’s driver or route auditor observes visible Contamination. If a Recyclables or Organics Container is contaminated, Recology may do any of the following, at its discretion: (i) refuse to collect the contaminated Container (in which case Recology shall leave a non-collection tag as provided in Section 6.2), or (ii) collect the contaminated Container and charge the customer a contamination charge as set forth in Exhibit A, or (iii) collect the contaminated Container as Solid Waste and charge the customer the then-applicable extra pick-up fee as set forth in Exhibit A.

6.4           Container Accessibility. Recology shall only be required to collect Carts that are set out by the customer on or within 3’ of a District-maintained, public road, except as provided in Section 6.6. Recology shall only be required to collect Bins or Debris Boxes from the location mutually agreed by Recology and the customer. If Recology is required to move a Cart or Bin more than ten feet (10’) in order to service it, and the situation is not covered by Section 6.6, Recology may charge a distance charge at the rate set forth on Exhibit A. Recology shall only be required to collect a Container if access thereto is safe and unobstructed. However, customers may subscribe for lock service at the rate set forth on Exhibit A.

6.5           Roads. Recology shall only be required to provide collection service to customers on District-maintained, public roads that do not present a risk of injury or damage to persons or property. However, if the property owner(s) signs a reasonable road damage liability waiver, then Recology will provide collection service to customers on non-District-maintained or private roads, provided that the roads do not present a risk of injury or damage to persons or property. Recology may charge a per-Container charge at the rate set forth on Exhibit A for each Container collected from a non-District-maintained or private road.  In addition, if Recology is required to use a special (smaller) vehicle to provide service on a small road (whether public or private), then Recology may charge a per-Container charge at the rate set forth on Exhibit A for each Container collected from the small road.

6.6           On-Premises (Walk-In) Service. Recology shall collect Carts from the side yard or back yard of a Single-Family premises: (a) if the Customer subscribes for that service, or (b) if all adults residing at the premises have disabilities that prevent them from setting out their carts at the curb, in which case the service shall be at no additional charge to the customer. As a condition to providing free service under clause (b), Recology may require the customer to submit an application at least two (2) weeks in advance and submit such other documentation as Recology may reasonably request to confirm the customer’s eligibility. Recology may require customers to reconfirm their eligibility periodically, but no more frequently than annually.

6.7           Bulky Items. Recology shall, at no additional charge (except as provided below), provide one (1) on-call curbside Bulky Item collection per calendar year to each Single-Family Customer, if requested by the Customer. For each such collection, the Customer may set out up to two (2) cubic yards of Bulky Items. Customers shall be required to contact Recology to schedule the collection at a mutually agreed time during Recology’s normal operating hours. If a Single-Family Customer requests more than one (1) Bulky Item Collection per calendar year, Recology may charge for the additional collections at the rates set forth on Exhibit A. In addition, notwithstanding the first sentence of this paragraph, Recology may charge for collection of Bulky Items containing freon.

6.8           Battery Collection. Recology shall, at no additional charge, collect household batteries from Single-Family and Multi-Family customers on the customer’s regularly scheduled Solid Waste collection day, provided the batteries are placed in a clear Ziploc or equivalent bag and placed on top of the customer’s Solid Waste Container.

7.              SB 1383-RELATED SERVICES

District intends to implement a 3-container organic waste collection service as contemplated by Section 18984.1 of SB 1383. Recology shall provide the following programs and services to assist District in complying with its obligations under SB 1383.

7.1           Three-Container Organics Collection Services.

(a)            Phased Implementation. District and Recology acknowledge that Recology’s Organics Collection routes must be expanded to satisfy the requirements of the SB 1383 Regulations, and that new collection trucks must be procured by Recology in order to provide such services. Between the Commencement Date and December 31, 2023, Recology shall continue and expand its existing Organics collection service within District. By January 1, 2024, Recology shall provide Organics collection service to all of its customers within District who are subscribed to and pay for Solid Waste collection service, unless (i) the customer is not required under District’s code to subscribe for Organics collection service, or (ii) the customer qualifies for a State- or locally-issued waiver, or (iii) the customer refuses to accept such service.

(b)            Continuation of Current Organics Collection Service. Recology agrees that it will not decrease the level or frequency of Organics Collection within the District before January 1, 2024, unless requested to do so by a customer or the customer does not pay for service.

7.2           Container Colors.

(a)            General Requirement. Recology shall ensure that each Container that it newly purchases after the Commencement Date and provides to a customer serviced under this Agreement conforms to the following color scheme: Gray Containers for collection of Solid Waste, Blue Containers for collection of Recyclables, and Green Containers for collection of Organics. In addition, Recology shall ensure that all Containers it uses to provide such services to customers serviced under this Agreement conform to such color scheme by January 1, 2036.

(b)            Specific Material Types. Paper products and printing and writing paper, each as defined in the SB 1383 Regulations, may be placed in either the Blue Container or the Green Container. Carpet and textiles may not be placed in either the Blue Container or the Green Container.

7.3           Container Labels. Recology shall ensure that each Container (or Container lid) that it newly purchases after the Commencement Date and provides to a customer serviced under this Agreement shall be labeled or imprinted with language and/or graphics that clearly indicates the primary items accepted and the primary items that are Prohibited Container Contaminants for that Container type. Recology may comply with this section by using model labeling provided by CalRecycle.

7.4           Route Reviews.

(a)            General Requirement. At least once annually, beginning in 2023, Recology shall conduct a Route Review for each Hauler Route. For each Route Review of a Hauler Route, Recology shall inspect at least the following minimum number of Containers, but may inspect more if Recology wishes. Each inspection shall involve lifting the Container lid and observing the contents, but shall not require Recology to disturb the contents or open any bags. Recology may select the Containers to be inspected at random, or (if mutually agreed with District) by any other method not prohibited under the SB 1383 Regulations. For the avoidance of doubt, Recology shall not be required to annually inspect every Container on a Hauler Route.

Route Size (# accounts)	Minimum Number of Containers
Less than 1,500	25
1,500-3,999	30
4,000-6,999	35
7,000 or more	40

 

(b)            Notice of Contamination. If Recology finds Prohibited Container Contaminants in a Container during a Route Review, Recology shall notify the customer of the violation in writing. The written notice shall include information regarding the customer’s requirement to properly separate materials into the appropriate Containers. The notice may be left on the customer’s Container, gate, or door at the time the violation is discovered, and/or be mailed, e-mailed, electronically messaged or delivered personally to the customer. Recology may dispose of the contents of any Container found to contain Prohibited Container Contaminants. The notice shall be provided in English and Spanish.

7.5           Compliance Reviews. At least once annually, beginning in 2023, Recology shall review the records of its Commercial and Multi-Family customers in District that are subscribed for at least two (2) cubic yards per week of combined Solid Waste, Organics and Recyclable Materials service, to determine whether such customers are subscribed for Organics Collection service or have an applicable waiver.

7.6           Education & Outreach.

(a)            At least once annually, beginning in 2023, Recology shall provide the following to all its customers under this Agreement:

(i)    Information on the Organics customer’s requirements to properly separate materials in appropriate containers.

(ii)   Information on methods for: the prevention of Organics generation, recycling Organics on-site, sending Organics to community composting, and any other local requirements regarding Organics.

(iii)  Information regarding the methane reduction benefits of reducing the landfill disposal of Organics, and the methods of Organics recovery contemplated by this Agreement.

(iv)  Information regarding how to recover Organics.

(v)   Information related to the public health and safety and environmental impacts associated with the landfill disposal of Organics.

(b)            The above information will be provided, at a minimum, through print and/or electronic media, and may also be provided through workshops, meetings and/or on-site visits.

(c)            Educational materials provided pursuant to the above shall be translated into Spanish.

7.7           Reporting. Beginning on the Commencement Date, Recology shall provide the following information to District on a quarterly basis:

(a)            For information provided by Recology pursuant to Section 7.6 above:

(1)   Copies of all such information (including flyers, brochures, newsletters, invoice messaging, website and social media postings, emails, and other electronic messages).

(2)   The date the information was disseminated or the direct contact made. For website and social media postings, this shall be the date posted.

(3)   To whom the information was disseminated or the direct contact made. For mass distributions such as mailings or bill inserts, Recology may provide the type and number of accounts receiving the information, rather than listing each recipient individually.

(b)            For Route Reviews and Compliance Reviews:

(1)   The date the review was conducted.

(2)   The name and title of each person conducting the review.

(3)   A list of the account names and addresses covered by the review.

(4)   For Route Reviews, a description of each Hauler Route reviewed, including Recology’s route number and a description of the Hauler Route area.

(5)   For Route Reviews, the results of such review (i.e. the addresses where any Prohibited Container Contaminants were found).

(6)   For Compliance Reviews, the results of such review (i.e. Recology’s findings as to whether the customers reviewed are subscribed for Organics Collection service, have an applicable waiver, or neither), and any relevant evidence supporting such findings (e.g. account records).

(7)   Copies of any educational materials issued pursuant to such reviews.

(c)            Documentation relating to observed Prohibited Container Contaminants, whether observed during Route Reviews or otherwise:

(1)   Copies of the form of each notice issued to customers for Prohibited Container Contaminants, as well as, for each such form, a list of the customers to which such notice was issued, the date of issuance, the customer’s name and service address, and the reason for issuance (if the form is used for multiple reasons).

(2)   The number of times notices were issued to customers for Prohibited Container Contaminants.

(3)   The number of Containers where the contents were disposed due to observation of Prohibited Container Contaminants.

(4)   A description of Recology’s process for determining the level of Container contamination under this Agreement.

(d)            In addition to the reports required by subsections (a)-(c) above, Recology shall, consistent with past practice, submit annual tonnage reports to Marin County regarding material collected by Recology pursuant to this Agreement.

8.              DISTRICT SERVICES

8.1           District Facilities. Recology shall provide services to the District-owned and -operated facilities specified in Exhibit D, at the service levels listed in Exhibit D, at no charge to District. Such services shall be on the same terms and conditions as commercial service (e.g. with respect to accessibility of containers, contamination, etc.) District may change the list of facilities receiving service and the service levels provided to such facilities by written notice to Recology, so long as any newly-added facilities are also District-owned and -operated. However, if the total monthly value of servicing District-owned and -operated facilities exceeds the total monthly value of providing the services listed in the initial version of Exhibit D (each such value being calculated at the Maximum Rates in effect when the comparison is made), then District shall compensate Recology for the difference at the then-applicable Maximum Rates.

8.2           Beach Trail Animal Waste Containers. Recology shall, at no charge to District, provide ten (10) thirty-two (32) gallon beach trail animal waste containers at the places within the District where such containers are presently located at the time this Agreement is entered into, and shall collect and dispose of the containers of such containers weekly. The number, size, location and/or frequency of service of such containers may be modified by mutual agreement of District and Recology. For administrative convenience, these containers are listed on Exhibit D, but since they are not District-owned and -operated facilities, they are not covered by Section 8.1. Animal waste shall not be considered Excluded Waste for purposes of this paragraph.

9.              FACILITIES TO BE USED; TIP FEES

9.1           Initial Facilities. Subject to Section 9.2, Recology shall deliver all material collected hereunder as Solid Waste to the Redwood Landfill, for disposal there; all material collected hereunder as Recyclables to a properly permitted materials recovery facility of Recology’s choosing, for processing there; and all material collected hereunder as Organics to the Waste Management EarthCare Compost in Novato, for processing there.

9.2           Changes in Facilities. If District wishes to change the facilities to which material is delivered, the matter shall be treated as a change in scope under Section 13.5. If a facility to which material is being delivered becomes unavailable for any reason beyond the reasonable control of Recology, then Recology may designate a replacement facility (subject to approval by District, not to be unreasonably withheld) and shall be entitled to a Maximum Rate adjustment under Section 13.4(a)(ii). Recology may voluntarily change the facilities to which material is delivered (subject to approval by District, not to be unreasonably withheld), provided that Recology shall not be entitled to a Maximum Rate adjustment in connection with such change, except as provided in the preceding sentence.

9.3           Recyclables Tip Fee. For purposes of Exhibits B and C, the agreed tip fee for Recyclables processing shall be $93.85 per ton effective November 1, 2022, regardless of where the Recyclables are processed. Effective November 1, 2023, and each November 1 thereafter, such agreed tip fee shall be adjusted by the percentage change in CPI-U (as defined in Exhibit B). The percentage change in CPI-U shall be calculated by comparing the average value of the index over the July 1-June 30 period preceding the February 1 adjustment date, and the average value of the index over the prior July 1-June 30 period.

10.           COLLECTION EQUIPMENT

10.1        Vehicles. Recology shall provide a sufficient number of vehicles to provide the collection services it is required to provide under this Agreement. All vehicles used by Recology 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, and shall be uniformly painted. The “Recology” name and Recology’s telephone and vehicle numbers shall be visibly displayed on its vehicles. Loads shall be kept completely covered at all times except when material is being loaded or unloaded, or when vehicles are empty or in the process of collection. The noise level generated by collection vehicles during the stationary compaction process shall be such that it does not unreasonably interfere with the quiet enjoyment of nearby properties.

10.2        Bundled Services & Containers. The Maximum Rates set forth on Exhibit A for recurring Solid Waste service in Carts and Bins include provision of one (1) Solid Waste Container of the size subscribed for by the customer, one (1) Recyclables Container of a size less than or equal to the size of the Solid Waste Container, and one (1) Organics Container of a size less than or equal to the size of the Solid Waste Container. All such Containers shall be provided at no additional charge to the customer. The customer may order additional Containers at a rate not exceeding the Maximum Rate set forth on Exhibit A. Recology shall only be required to collect waste from Recology-provided Containers. All Containers provided by Recology shall be and remain the property of Recology. Containers lost, damaged or destroyed by the carelessness of the customer are the responsibility of the customer. Containers that wear out through ordinary use or are damaged during collection operations shall be replaced by Recology.

11.           BILLING AND PAYMENT

11.1        Billing For Services. Recology shall bill all customers in the Franchise Area for services provided pursuant to this Agreement at rates not exceeding the Maximum Rates set forth on Exhibit A, as adjusted from time to time in accordance with this Agreement. Recology shall provide itemized bills, distinctly showing charges for all classifications of services provided to the customer, including charges for late payments, where applicable.

11.2        Frequency. Customers may be billed monthly or quarterly and in advance or in arrears. If a customer not previously receiving collection service initiates service, the charges for collection service for the period between the commencement of service and the end of the then-applicable billing period may be added to the next billing period.

11.3        Delinquent Accounts. Accounts shall be considered delinquent if not paid in full to Recology within sixty (60) days of the invoice date. Recology may charge customers with delinquent accounts a surcharge of ten percent (10%) per month (or less, at Recology’s discretion) of the amount past due from the time the account became delinquent until the time it is paid. Recology may stop service to delinquent accounts and may use a collection agency or any other legal method to collect from delinquent accounts. Recology will provide a written notice to delinquent customers before stopping service.  Neither the District nor any of its officers, employees, board members, or agents shall be liable, or in any way responsible, for collection of delinquent amounts from customers (other than District).

11.4        Vacation Holds. Upon customer request at least three (3) days in advance, Recology shall place a “vacation hold” on the customer’s account. Recology shall suspend recurring weekly services to the customer during the “vacation hold” period, and shall credit the customer’s account for the suspended service (typically ¼ of the monthly charge for weekly collection). Each customer may utilize the “vacation hold” service for a combined period of up to four (4) weeks each calendar year.

12.           FRANCHISE FEE

12.1        General. As consideration for the exclusive right and privilege granted by this Agreement, Recology hereby agrees to pay the sum of five thousand dollars ($5,000) to District on an annual basis, payable on or before May 5th every year during the term of this Agreement.

13.           RATES           

13.1        General. Recology shall be entitled to set rates for all services provided pursuant to this Agreement, provided that such rates do not exceed the Maximum Rates set forth on Exhibit A, as adjusted from time to time in accordance with this Agreement. Any reference in this Agreement to Maximum Rates or Exhibit A shall be deemed to refer to Maximum Rates or Exhibit A as so adjusted. 

13.2        Initial Maximum Rates. The rates established pursuant to the Prior Agreement shall apply through midnight on January 31, 2023. Effective as of February 1, 2023, the Maximum Rates shall be those set forth on Exhibit A.   

13.3        Annual RRI Adjustment. Effective February 1, 2024 and each February 1 thereafter, each Maximum Rate shall be adjusted in accordance with the Refuse Rate Index (RRI) methodology set forth in Exhibit B. On or before the November 15 1 preceding the February 1 adjustment date, Recology shall submit to District, for District’s confirmation, Recology’s calculation of the RRI adjustment, the supporting financial and index data, and the resulting Maximum Rates. Maximum Rate adjustments in accordance with this section shall take effect automatically, without the need for approval by the District Board or District staff. Nevertheless, District staff shall conduct an administrative review of the aforementioned information submitted by Recology to confirm whether Recology’s calculations are accurate. If District staff determine that there is an inaccuracy, they shall notify Recology in writing of the same with fifteen (15) days after Recology’s submission, and the parties shall thereafter cooperate in good faith to resolve and if necessary correct the inaccuracy.

13.4        Detailed Rate Review. Recology may request a Detailed Rate Review under any of the following circumstances (each, an “Eligible Event”):

(a)            If any of the following events has or is reasonably expected to occur before the end of the upcoming Rate Year, and such event has or is reasonably expected to increase Recology’s costs of (or decrease Recology’s revenues from) performing its obligations under this Agreement:

(i)    A change in Applicable Law, Governmental Fees or the boundaries of the Service Area;

(ii)   The unavailability of any facility to which Recology delivers material, for any reason beyond the reasonable control of Recology; or

(iii)  An increase in the number of generators that requires Recology to incur additional capital expenditure (such as a new route to accommodate growth); or

(b)            At any time (subject to subsection (c) below), provided no Detailed Rate Review has been conducted under this Agreement in the three (3) years preceding the date Recology submits its request for a Detailed Rate Review (so that a Detailed Rate Review may not occur under this clause (b) more frequently than once every four (4) years). For example, if a Detailed Rate Review were conducted under clause (a) to adjust Maximum Rates for the Rate Year beginning February 1, 2025, and a party submitted a request for a new Detailed Rate Review on July 15, 2028, then a Detailed Rate Review would be conducted to adjust Maximum Rates for the Rate Year beginning February 1, 2029 (assuming the contract term was extended).

(c)            The party requesting the Detailed Rate Review shall submit its request in writing to the other party on or before the May 1 preceding the February 1 adjustment date. If timely requested, a Detailed Rate Review shall be conducted, and Maximum Rates for the upcoming Rate Year adjusted, in accordance with the methodology set forth in Exhibit C. Such adjustment shall be in lieu of the Refuse Rate Index adjustment under Section 13.3.

(d)            For the avoidance of doubt, Recology’s costs of (and revenues from) performing its obligations under this Agreement include costs and revenues associated with processing, transporting and marketing Recyclable Materials, including operation of Recology’s materials recovery facility, provided that costs or revenues of a general or facility-wide nature (e.g. capital improvements) shall be allocated to District on a pro rata basis.

13.5        Changes in Scope. If District wishes Recology to change its services under this Agreement (including changes to enable District to comply with changes in Applicable Law, or changes in the facilities used), or to provide new services, then District shall notify Recology in writing, and the parties shall negotiate in good faith for a period of sixty (60) days the terms of such new or changed services and the compensation payable to Recology with respect to such new or changed services. Recology shall not be required to begin providing such new or changed services until the District Board has adopted Maximum Rates mutually agreed by District and Recology to compensate Recology for such new changed services, and such Maximum Rates have taken effect.

13.6        Calculations. All changes in Maximum Rates shall be rounded to the nearest cent ($.01) and all percentages shall be rounded to the nearest one-tenth of one percent.

14.           RECORDS & INSPECTION

14.1        Service Records. Recology shall maintain all records generated by it in the ordinary course of business relating to the services provided hereunder, including customer lists, billing records, route maps, service records, financial records, operating statistics, and customer complaints. Such records shall be kept for at least five (5) years from the date of generation of each record, except that customer complaints need only be maintained for twenty-four (24) months.

14.2        Inspection. The District or its agent shall have the right, upon ten (10) business days’ prior written notice, to inspect all such records that reasonably relate to this Agreement, for the purpose of verifying Recology’s compliance with this Agreement. Such records shall be made available to District for inspection at Recology’s regular place of business during Recology’s regular business hours.  Additionally, Recology agrees that it will, whenever requested to do so, upon ten (10) business days’ prior written notice, permit any inspector, appointed for any purpose by the District, to accompany Recology in the course of collection, removal, or disposal of Solid Waste, and to inspect the manner in which collection, removal and disposal is made, and the size of any containers from which such Solid Waste may have been or has been, collected, and the amount of Solid Waste collected therefrom.

14.3        Confidentiality. To the maximum extent permitted by Applicable Law, and subject to Section 15, District shall treat as confidential and not disclose all information made available by Recology pursuant to Section 14.2, and all other information provided by Recology to District that is marked “confidential” or “proprietary.”

15.           PUBLIC RECORDS

Recology acknowledges that District is subject to the California Public Records Act, Government Code Section 6250 et seq., and that unless a particular record is exempt from disclosure under the Public Records Act or other applicable statute, it must be disclosed to the public by District upon request. If District receives a request for disclosure of Recology information under the Public Records Act, District shall promptly notify Recology in writing of such request, and shall not disclose such information until at least five (5) business days after such notice has been given. If Recology believes the information is exempt from disclosure, Recology may at its own cost file suit to prevent the information from being disclosed. If Recology does so, District shall not disclose the information until the matter has been decided by a court of competent jurisdiction, provided Recology agrees to indemnify, defend, and hold harmless the District, its directors, officers, employees, and agents, from any and against (a) all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the information), and (b) any and all cost and expenses, including reasonable attorneys' fees, in each case ((a) and/or (b)), that are incurred by District as a result of District’s non-disclosure of the information.

16.           INDEMNIFICATION

16.1        General Indemnification. Recology shall defend, indemnify, and hold harmless District and its elected officials, officers, employees and agents (collectively, “Indemnitees”) from and against any and all claims, suits, proceedings, liabilities, damages, losses, penalties, and costs and expenses incidental thereto (including reasonable attorney’s fees) (collectively, “Claims”) arising or resulting from (a) Recology's failure to perform this Agreement or (b) Recology’s negligence or willful misconduct in the performance or attempted performance of this Agreement or (c) any inaccurate information provided by Recology to District in connection with District’s Prop. 218 compliance efforts, to the extent such inaccurate information causes District to be out of compliance with Prop. 218.

16.2        Hazardous Substance Indemnification. Recology shall defend, indemnify and hold harmless the Indemnitees from and against any and all Claims arising or resulting from the release or threatened release by Recology of any Hazardous Waste in connection with Recology’s performance of this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, ("CERCLA"), 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify Indemnitees from liability. For purposes of this subsection, “Claims” includes natural resources and punitive damages, and response, remediation and removal costs.

16.3        Prop. 218. District shall hold Recology harmless against, and Recology shall have no defense, indemnity or other obligation to any Indemnitee with respect to, any Claims arising or resulting from District’s alleged or actual failure to comply with Article XIlIC or XIIID of the California Constitution (collectively, Prop. 218). If a court ruling, majority protest, initiative or referendum (each, a “Restriction”) prevents Maximum Rates from being established or increased as required by this Agreement, or reduces Maximum Rates from the levels otherwise required by this Agreement, then: (i) the Franchise Fee shall be reduced by the amount of revenue lost to Recology by reason of the Restriction, and (ii) if the amount of such lost revenue exceeds the Franchise Fee, the Franchise Fee shall be reduced to zero, and Recology’s other obligations under this Agreement shall be reduced so that Recology’s cost of performing this Agreement (after applying the operating ratio set forth in Exhibit C) are commensurate with the Maximum Rates that Recology may legally charge, and (iii) either District or Recology may at any time terminate this Agreement upon two (2) years’ prior written notice to the other. District and Recology shall negotiate in good faith any reduction in Recology’s obligations under clause (ii) above. Recology shall not be liable to District for any reduction in or non-payment of the Franchise Fee by reason of this subsection, nor shall any such reduction or non-payment invalidate this Agreement. Nothing in this Agreement shall be deemed an admission by District or Recology that Articles XIIIC or XIIID of the California Constitution apply to the rates charged by Recology under this Agreement.

16.4        Maximum Allowable Rates.  Attached hereto as Exhibit E is a table of “Maximum Allowable Rates” for the 2024-2027 Rate Years.  Recology understands that District intends to conduct a Prop. 218 notice-and-hearing procedure to obtain property owner approval of such Maximum Allowable Rates by February 1, 2023.  Provided that District does so, the following provisions shall apply:  If a Maximum Rate increase provided for under this Agreement would cause one or more Maximum Rates to exceed the applicable Maximum Allowable Rate(s), then District may limit the increase in such Maximum Rate(s) so that the Maximum Rate(s) in question do not exceed the applicable Maximum Allowable Rate(s) listed in Exhibit E for that Rate Year.  If District does so, then the excess amount of each Maximum Rate that is so limited (i.e. the amount above the applicable Maximum Allowable Rate) shall be carried forward and added to the next Rate Year’s Maximum Rate adjustment, over and above such adjustment.  If, after giving effect to all adjustments, one or more Maximum Rates again exceeds the applicable Maximum Allowable Rates for that next Rate Year, then District may again limit the increase in such Maximum Rate(s) so that the Maximum Rate(s) in question do not exceed the applicable Maximum Allowable Rate(s) listed in Exhibit E for that next Rate Year.  In that event (i.e. after District has for two (2) consecutive years limited any Maximum Rate increases pursuant to this paragraph), then Recology shall have the right, exercisable at its sole discretion at any time thereafter, to terminate this Agreement upon one (1) year’s prior written notice to District.  It is understood that the parties may mutually agree to alternatives to such a termination, such as modifying Recology’s obligations under this Agreement to reduce the need for a Maximum Rate adjustment, or District conducting a new Prop. 218 notice-and-hearing procedure, but neither party shall be under any obligation to do so.

17.           INSURANCE

17.1        Recology shall maintain insurance in compliance with this section, and shall ensure that each subcontractor performing work hereunder also maintains insurance in compliance with this section, as if the subcontractor were a party hereto. Recology shall furnish insurance certificates evidencing the required coverages not later than ten (10) days prior to commencing services hereunder, and thereafter upon each policy renewal. Recology shall maintain the following polices with at least the following limits:

Workers’ Compensation	Statutory limits for CA
Employer’s Liability	Bodily Injury by Accident – Each Accident	$1,000,000
	Bodily Injury by Disease – Each Employee	$1,000,000
	Bodily Injury by Disease – Policy Limit	$1,000,000
Commercial General Liability	Premises-Operations – Each Occurrence	$1,000,000
	Annual Aggregate (Other Than Prod.-Compl. Ops.)	$1,000,000
	Products-Completed Operations – Each Occurrence	$1,000,000
	Products-Completed Operations – Annual Aggregate	$1,000,000
Automobile Liability*	Combined Single Limit – Each Accident	$1,000,000
Pollution Liability**	Single Limit – Each Occurrence	$5,000,000
	Annual Aggregate	$5,000,000
Umbrella Liability***	Single Limit – Each Occurrence	$5,000,000
	Policy Limit	$5,000,000
* Shall include MCS-90 and CA 9948 endorsements, or their equivalents.”
** Sudden and Gradual, including clean-up costs.
*** In excess of Employer’s Liability, Commercial General Liability, Automobile Liability and Product Liability.

 

17.2        Each policy required hereunder shall, or shall be endorsed to: (i) contain a waiver of subrogation in favor of District and its elected officials, officers, employees and agents; (ii) name District and its elected officials, officers, employees and agents as additional insureds, except for Workers’ Compensation and Employer’s Liability; (iii) be primary, and any insurance or self-insurance maintained by such additional insureds shall not contribute with it, except for Workers’ Compensation and Employer’s Liability; (iv) remain in effect throughout the Term, and if written on a claims-made basis for five (5) years thereafter; (v) contain “cross-liability” or “separation of insureds” coverage; and (vi) be issued by companies licensed in each state where goods or services are provided, with an A.M. Best rating of A-:VII or better. If the issuer of any policy required hereunder is the subject of bankruptcy or insolvency proceedings, or becomes insolvent, Recology shall within five (5) business days substitute another policy and issuer meeting the requirements of this section.

18.           FORCE MAJEURE.

Notwithstanding any other provision, Recology shall be excused from performing its obligations hereunder to the extent and for so long as performance of such obligations is rendered impossible, impracticable or unsafe due to Force Majeure or the effect thereof. “Force Majeure” means earthquake, fire, flood, landslide, epidemic/pandemic, other act of nature, war, terrorism, sabotage, civil disturbance, governmental (including judicial) action, or any other event not the fault of and beyond the reasonable control of Recology. Force Majeure shall not include governmental action resulting from Recology’s violation of Applicable Law nor shall it include a labor strike or other labor action of Recology’s employees. Recology shall as soon as reasonably practicable provide District with written notice of any nonperformance excused by this section, together with a description of the Force Majeure and the reason it renders performance is impossible, impracticable or unsafe. Recology shall restore performance as soon as reasonably possible.

19.           DISPUTE RESOLUTION.

In the event of any dispute, the parties will promptly meet and confer, first at a staff level and then elevated to a meeting of executives, in a good faith attempt to resolve the dispute.  If a dispute cannot be resolved by the parties independently, they may agree to submit such dispute to non-binding mediation by a mutually agreed-upon neutral third party with offices in the San Francisco Bay Area.  The cost of mediation will be shared equally.  Unless otherwise directed by the District, Recology will continue performance under this Agreement while matters in dispute are being resolved.

In the event the parties agree to mediation, the party proposing mediation will provide the other party with the names of three mediators (provided by the American Arbitration Association, JAMS, or other such organization), each of which is acceptable to that party.  The other (second) party will select one of the three mediators and notify the first party of its selection within fifteen (15) days after receiving the names of the three mediators.  If the second party fails to make a selection within this fifteen (15) day period, the first party may either select the mediator from among the three it proposed or may pursue its legal and equitable remedies through litigation.

The parties will meet with the mediator within thirty (30) days of his/her selection and will discuss the dispute with the mediator in a good faith effort to reach an agreement.  However, nothing in this section requires either party to make a concession or accept an offer.  If the mediation does not resolve the matter to the satisfaction of both parties within sixty (60) days after the mediator is selected, either party may pursue its legal and equitable remedies through litigation.  Any lawsuit between the parties will be filed and prosecuted in the Superior Court of the State of California.  The agreed venue is the County of Marin.  This section does not limit District's right to terminate this Agreement.

20.           TERMINATION

20.1        Should Recology or its approved successors or assigns fail to perform this Agreement or violate any provisions hereof, the District shall have the option to terminate this Agreement by a majority vote of its Board of Directors; provided, however, that the District may not terminate this Agreement for such failure and/or violation unless and until it has: (a) given Recology written notice of such failure and/or violation, and (b) allowed Recology ten (10) business days within which to correct such failure and/or violation, or to request a hearing before the District Board.  If the failure and/or violation is such that it reasonably requires more than ten (10) business days to correct, then the ten (10) business day period shall be extended so long as Recology promptly commences corrective efforts and diligently pursues such efforts until completion. Should Recology request such a hearing, the District Board must grant such hearing and cannot cancel this Agreement until after such hearing. If District terminates this Agreement pursuant to this paragraph, written notice of termination stating the effective date thereof shall be given to Recology.

20.2        In addition to the above, District may terminate this Agreement by providing at least thirty (30) days prior written notice to Recology if Recology (i) files a voluntary petition for relief under any bankruptcy, insolvency or similar law; (ii) has an involuntary petition filed against it under any bankruptcy, insolvency or similar law, which petition remains undismissed or unstayed for ninety (90) days; (iii) is the subject of a seizure or attachment of, or levy on, a substantial part of Recology’s equipment used in the performance of this Agreement, and such seizure, attachment or levy is not removed, or substitute equipment provided, within ninety (90) days.

21.           BUSINESS OFFICE

21.1        At all times during the term hereof or any extension, Recology shall maintain an office for the transaction of business during regular business hours Monday-Friday, which office shall have toll free telephone service from Stinson Beach and an employee within said office during such regular business hours.

22.           SURETY BOND

22.1        Recology shall file with the District a performance bond payable to the District in a form reasonably acceptable to the District, in the amount of $40,000.00, securing Recology’s performance of services under this Agreement. Such bond shall be renewed annually so that it is maintained in full force and effect during the term of this Agreement. The surety supplying the bonds must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as a surety in the State of California. District agrees to accept the form of bond used by Recology’s surety for the current bond (#106836420), and may comply with this paragraph by increasing the amount of such bond to $17,000.

23.           CONTINUING SERVICE

23.1        If any dispute or disagreement concerning this Agreement should ensue, Recology will nonetheless continue to discharge all of its obligations hereunder pending resolution of such dispute. If, for any reason, Recology fails to do so, District shall have the right to take any action necessary to prevent accumulation of Solid Waste, Recyclables and Organics within the Franchise Area, and the cost of such action by District will be assessed against the bond required above. The parties also agree and stipulate that a suit for damages and arbitration are an inadequate remedy for the enforcement of this Agreement, and consent to the institution of injunctive action for the purpose of enforcing this Agreement.

24.           CORRECTION OF COMPLAINTS

24.1        Recology shall promptly investigate and correct where appropriate any complaint by residents of the District with respect to Recology’s failure to comply with this Agreement.  Upon request of the District, Recology will report to the District in writing (e.g. email) on the action taken by it with respect to any particular complaint.

25.           MISCELLANEOUS PROVISIONS

25.1        Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements, representations or understandings with respect thereto (except as provided in Section 2). The exhibits hereto are integral parts of this Agreement.

25.2        Amendment. No modification, waiver or amendment of this Agreement or any provision hereof shall be effective unless in writing and signed by the party(ies) to be bound. However, Exhibit A shall be deemed automatically amended to reflect all Maximum Rate adjustments made pursuant to this Agreement, without need of a signed writing.

25.3        Governing Law. This Agreement and the rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its choice of law or conflicts of law provisions.

25.4        Notices. All notices required or permitted hereunder shall be in writing and shall be deemed effectively made upon personal delivery, or confirmed delivery by nationally recognized overnight courier, to the party to be notified, at such party’s address specified below. A party may change its address for notices from time to time by providing written notice to the other party in accordance with this section.

To District:                  Stinson Beach County Water District

Attn: General Manager

PO Box 245

Stinson Beach, CA 94970

 

To Recology:             Recology Sonoma Marin

                                    Attn: Legal Department

                                    50 California Street, 24^th Floor

                                    San Francisco, CA 94111

 

25.5        No Waivers. No failure or delay in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof.

25.6        Severability. If any non-material provision of this Agreement is for any reason held invalid or unenforceable, such invalidity or unenforceability shall not affect the validity and enforceability of any other provision of this Agreement.

25.7        No Subcontracting. Recology shall not subcontract or delegate to any other Person the performance of any of Recology’s obligations under this Agreement, without District’s prior written consent.

25.8        Independent Contractor. Recology is an independent contractor, and not an officer, employee or agent of District. Neither Recology nor its officers, employees, agents or subcontractors shall obtain any rights or benefits which accrue to District’s employees. Nothing in this Agreement shall be construed as creating a partnership or joint venture between District and Recology.

25.9        Compliance With Law. Each Party in the performance of its obligations hereunder shall comply with all Applicable Laws.  Without limiting the generality of the foregoing, in the performance of this Agreement, Recology shall comply with all applicable federal, state and local statutory and regulatory requirements (including, but not limited to California Department of Industrial Relations Division of Occupational Safety and Health (Cal/OSHA) regulations, and the U.S. Department of Transportation Omnibus Transportation Employee Testing Act) related to its scope of work and operations. In case of conflict in regulations, the most stringent shall apply.

25.10     Assignment. Recology shall not assign this Agreement to any other Person without District’s prior written consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of District and Recology.

25.11     Survival. The following sections shall survive the expiration or earlier termination of this Agreement: 16 (Indemnification), 19 (Dispute Resolution) and 26 (Miscellaneous).

25.12     No Conflict. Each party represents and warrants that its execution, delivery and performance of this Agreement has been duly authorized and does not and shall not conflict with or constitute a breach of any agreement to which it is a party or by which it is bound, any provision of Applicable Law, or any other legal requirement.

25.13     Interpretation. This Agreement shall be construed as if drafted jointly by the parties, and no presumptions or burdens of proof shall arise favoring any party by virtue of the authorship of any provisions of this Agreement. Section headings are for convenience and shall not be used in construing this Agreement. “Including” and its variants mean “including without limitation.”

25.14     Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Facsimile signatures (including PDFs sent by email or DocuSigned) shall be valid.

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IN WITNESS THEREOF, District and Recology have executed this Solid Waste Franchise Agreement as of the date first written above.

STINSON BEACH COUNTY WATER DISTRICT       By: _________________________ Jim Zell Board President   Approved as to form:       By: _________________________ Kent Nelson Board Secretary

RECOLOGY SONOMA MARIN       By: _________________________ Salvatore M. Coniglio CEO

 

 

 

Exhibit A

INITIAL Maximum Rates AS OF FEBRUARY 1, 2023

 

 

 

INITIAL Maximum Rates AS OF FEBRUARY 1, 2023 (cont.)

 

 

 

 

 

Exhibit B

Refuse Rate Index Methodology

 

For all Rate Years other than those in which a Detailed Rate Review is conducted, Maximum Rates shall be adjusted in accordance with this exhibit, effective February 1 of the Rate Year in question.

 

The Refuse Rate Index adjustment shall be calculated in the following manner:

 

1.     The costs of providing services under this Agreement, as set forth in Recology’s financial statements for its fiscal year (October to September) preceding the February 1 adjustment date, shall be broken down into the cost categories shown in Table 1.

2.     Each cost category shall be assigned a percentage weight based on that cost category's proportionate share of the total of the costs shown for all cost categories.

3.     The indices set forth in Table 2 shall be used to calculate the Refuse Rate Index percentage. The percentage change in each index shall be calculated by comparing the average value of the index over the July 1-June 30 period preceding the February 1 adjustment date, and the average value of the index over the prior July 1-June 30 period, provided, however, that the percentage change in disposal and processing tip fees shall be calculated by comparing the tip fee in effect on the November 1 preceding the February 1 adjustment date to the tip fee in effect on the previous November 1. See Section 9.3 for information regarding Recyclables tip fees.

4.     The percentage weight for each cost category shall be multiplied by the percentage change in the applicable index to calculate a weighted percentage change for each cost category. The weighted percentage changes for all cost categories shall be added together to calculate the Refuse Rate Index percentage.

5.     Each then-applicable Maximum Rate shall be adjusted by the Refuse Rate Index percentage.

 

If any of the published indices used in this exhibit is discontinued, it shall be replaced by a substantially similar index selected by Recology and approved by District (such approval not to be unreasonably withheld).

 

Table 1
Cost Category	Description
Labor:	·       List all administrative, officer, operation and maintenance salary accounts. ·       List payroll tax accounts directly related to the above salary accounts. ·       List all employee benefit accounts including health insurance costs, workmen's compensation premiums, employee group medical and life, and retirement plan costs.
Fuel:	List all fuel costs.
Vehicle Replacement:	·       List all collection and collection-related vehicle depreciation accounts. ·       List all vehicle lease or rental accounts related to collection or collection-related vehicles.
Vehicle Maintenance:	List all collection or collection-related vehicle parts accounts.
Solid Waste Disposal:	List all Solid Waste disposal costs (tip fee x tonnage)
Organics Processing:	List all Organics processing costs (tip fee x tonnage)
Recyclables Processing:	List all Recyclables processing costs (tip fee x tonnage)
All Other:	List all other accounts related to the services provided under this Agreement. This category includes all insurance; rent on property; truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; office supplies; postage; education and outreach; corporate and regional allocations; and miscellaneous other expenses.

 

Table 2
Cost Category	Index
Labor:	Series ID: ceu6056210008 Average Hourly Earnings, Production & Nonsupervisory Employees – Waste Collection, Not Seasonally Adjusted, published by BLS
Fuel:	California No 2 Diesel Ultra Low Sulfur (0-15 ppm) Monthly Retail Prices published by the U.S. Energy Information Administration
Vehicle Replacement:	Series ID: pcu336211336211 Producer Price Index – Motor Vehicle Body Manufacturing, Not Seasonally Adjusted, published by BLS
Vehicle Maintenance:	Series ID: pcu333924333924 Producer Price Index – Industrial Truck, Trailer, and Stacker Manufacturing, Not Seasonally Adjusted, published by BLS
Solid Waste Disposal:	The per-ton tip fee for Solid Waste disposal
Organics Processing:	The per-ton tip fee for Organics processing
Recyclables Processing:	The per-ton tip fee for Recyclables processing
All Other:	Series ID: cuur0000sa0 Consumer Price Index – U.S. City Average, All Urban Consumers, All Items, Not Seasonally Adjusted, published by BLS (“CPI-U”)

 

 

Exhibit C

DETAILED RATE REVIEW METHODOLOGY

If a Detailed Rate Review is timely requested in accordance with Section 13.4, then Maximum Rates for the Rate Year in question shall be adjusted in accordance with this Exhibit, effective February 1 of the Rate Year. The Detailed Rate Review shall be based on the financial statements of Recology for the Recology’s complete fiscal year (October to September) preceding the May 1 date for submission of the Detailed Rate Review request. Maximum Rates shall be adjusted based on the forecasted Annual Cost of Operations, profit, and forecasted Pass-Through Costs, each determined as follows:

 

a. Forecasted Annual Cost of Operations. The forecasted Annual Cost of Operations shall consist of the sum of:

• Forecasted labor-related costs
• Forecasted vehicle-related costs
• Forecasted lease costs
• Forecasted other costs (i.e. any non-Pass-Through-Cost that does not fall under one of the above categories)

 

Each of these amounts shall be determined based on the following procedure:

i. Determination of actual prior fiscal year costs. Recology’s financial statements shall be reviewed to determine Recology’s costs for providing services under this Agreement for each of the foregoing categories during the prior fiscal year.

ii. Adjustment of actual prior fiscal year costs. Actual prior fiscal year costs shall be adjusted in two ways: (1) to exclude any non-allowable costs, set out below, and (2) to exclude and/or reduce any costs that were not reasonably and necessarily incurred in the performance of the services or other obligations of Recology under this Agreement. All costs incurred by Recology in the performance of this Agreement not excluded under the preceding sentence shall be deemed allowable.

Costs that are deemed non-allowable consist of the following:

i. Payments to directors and/or owners of Recology unless paid to reasonably compensate for services actually rendered.

ii. Promotional, entertainment, and travel expenses in excess of $5,000 per year, unless authorized in advance by District.

iii. Payments to repair damage to property of District, County or other parties, for which Recology is legally liable.

iv. Fines or penalties of any nature.

v. Liquidated Damages assessed under this Agreement.

vi. Federal or state income taxes.

vii. Charitable or political donations.

viii. Attorney’s fees and other expenses incurred by Recology in any court proceeding in which District and Recology are adverse parties, unless Recology is the prevailing party in said proceedings.

ix. Attorney’s fees and other expenses incurred by Recology in any court proceeding in which Recology’s own negligence, violation of law or regulation, or other wrongdoing, are in issue and occasions in part the attorney’s fees and expenses claimed, provided, however, such attorney’s fees shall be allowed to the extent Recology can demonstrate they were reasonable and necessary and a cost of doing business, and were not the result of any intentional or willful misconduct by Recology or its employees; and attorney’s fees and expenses incurred by Recology in a court proceeding in which the legal theory or statute providing a basis of liability against Recology also provides for separate strict liability for District arising from the action of its citizens or ratepayers (such as in a CERCLA lawsuit).

x. Payments to related party entities for products or services, in excess of the fair market value for those products or services, other than lease costs, corporate and regional allocations, and tip fees for Recyclables processing at Recology’s Materials Recovery Facility (all of which are covered in this Agreement). For purposes of this Agreement, related party expenses are those resulting from transactions between Recology and another company under common majority ownership or management control.

xi. Corporate and regional allocations in excess of four percent (4%) of Gross Revenue. Corporate and regional allocations are costs allocated to Recology by Recology’s parent company. Such costs include, but are not limited to: health insurance, worker’s compensation insurance, pension & 401(k) plans, general and vehicle insurance, management, finance, human resources, information technology, environmental compliance, legal, etc. Amounts included in corporate allocations are excluded from items i-x above.

iii. Forecasts of Costs. Except as otherwise provided below, allowed Annual Costs of Operations for the Recology’s prior fiscal year shall be used to forecast costs for the Rate Year. Forecasts shall be prepared for labor-related costs, vehicle-related costs, lease costs, and other costs. The forecasts shall translate the prior fiscal year’s costs to Rate Year costs using reasonable methodologies (such as index adjustments), and then modify them to account for reasonably foreseeable changes (such as changes in utilization, program changes, etc.). However, the following types of allowed costs of operations shall be forecasted for the Rate Year using the following methods, instead of basing the forecast on the prior fiscal year’s costs:

i. Labor-related costs. These costs shall be forecasted based on projected route hours and the labor cost increases provided for in Recology’s collective bargaining agreements.

ii. Lease costs. For assets leased from Recology Leasing Inc., a related party, lease expense shall be calculated using the actual purchase price of the asset, the number of years in the useful life of the asset, the then-applicable Recology internal company-wide leasing rate (not to exceed the prime interest rate on the date of the asset’s acquisition), assuming full amortization over the asset’s useful life. Useful lives are:

No less than 5 years: Computers and software, office equipment. Used or refurbished collection vehicles.

No less than 7 years: New collection vehicles.

No less than 10 years: Bins, Carts, and Debris Boxes.

iii. Corporate and regional allocations. The amount of forecasted corporate and regional allocations shall equal four percent (4%) of projected annual Gross Revenue, using the rates in effect at the time the Detailed Rate Review request is submitted.

iv. Depreciation expense. Depreciation expense shall be calculated by dividing the actual purchase price of the assets by the number of years in the Term of this Agreement. The result is the forecasted depreciation expense.

b. Calculated Profit. Profit or return to Recology shall be determined by District applying an operating ratio (OR) so as to provide for an adequate rate of return to Recology. For purposes of this Agreement, the operating ratio shall be 85%. The operating ratio shall be applied to forecasted Annual Costs of Operations (ACO) for the Rate Year to determine profit for the Rate Year. The formula is: Operating Ratio (0.85) = (ACO) / (ACO + Profit).

c. Forecasted Pass-Through Costs. Pass-Through Costs shall be forecasted for the Rate Year as follows:

i. Disposal and processing fees (tip fees). These costs shall be forecasted by multiplying the projected tonnage by the expected tip fee, for each material type handled by Recology, for the Rate Year. See Section 9.3 for information regarding Recyclables tip fees.

ii. Franchise fees and other amounts payable to District pursuant to this Agreement. These costs shall be reasonably forecasted by using the applicable methods in this Agreement to calculate each fee or other amount. Other amounts include reimbursement of consultant expenses for Detailed Rate Reviews or performance reviews.

d. Adjustment of Maximum Rates. Maximum Rates shall be adjusted effective February 1 so as to generate sufficient Gross Revenue to Recology over the Rate Year to cover the sum of forecasted Annual Cost of Operations (item (a) above), calculated profit (item (b) above), and forecasted Pass-Through Costs (item (c) above).

 

Exhibit D

SERVICES PROVIDED AT NO CHARGE TO DISTRICT

 

 

 

 

Exhibit E

MAXIMUM ALLOWABLE RATES

 

	Rates Effective	----------------Maximum Allowable Rates-----------------
	2/1/2023	2/1/2024	2/1/2025	2/1/2026	2/1/2027
Residential (Monthly)
20 gallon	$ 24.95	$ 27.20	$ 29.65	$ 32.32	$ 35.23
32 gallon	$ 33.28	$ 36.28	$ 39.55	$ 43.11	$ 46.99
64 gallon	$ 66.53	$ 72.52	$ 79.05	$ 86.16	$ 93.91
96 gallon	$ 99.86	$ 108.85	$ 118.65	$ 129.33	$ 140.97
Extra Pick Up (32 gallon – 96 gallon carts)	$ 24.96	$ 27.21	$ 29.66	$ 32.33	$ 35.24
On-Call Service available for 25% of monthly rate
Contamination Charge (per cart)	$ 26.84	$ 29.26	$ 31.89	$ 34.76	$ 37.89
Overflowing Cart Charge (per cart)	$ 26.84	$ 29.26	$ 31.89	$ 34.76	$ 37.89
Return Trip Charge	$ 24.96	$ 27.21	$ 29.66	$ 32.33	$ 35.24
2nd Recycling Cart	$ 10.74	$ 11.71	$ 12.76	$ 13.91	$ 15.16
3+ Recycling Cart	$ 21.47	$ 23.40	$ 25.51	$ 27.81	$ 30.31
2nd Organics Cart	$ 10.74	$ 11.71	$ 12.76	$ 13.91	$ 15.16
3+ Organics Cart	$ 26.84	$ 29.26	$ 31.89	$ 34.76	$ 37.89
Walk-In Charge* (per cart)	$ 9.49	$ 10.34	$ 11.27	$ 12.28	$ 13.39
Distance/Private/Small Road Charge (per 50 feet)	$ 9.49	$ 10.34	$ 11.27	$ 12.28	$ 13.39
Return Trip Charge	$ 24.96	$ 27.21	$ 29.66	$ 32.33	$ 35.24
Lock Service (per lock per time per week)	$ 10.00	$ 10.90	$ 11.88	$ 12.95	$ 14.12
Cart Exchange/Cleaning	$ 25.00	$ 27.25	$ 29.70	$ 32.37	$ 35.28
Cart Replacement	$ 75.00	$ 81.75	$ 89.11	$ 97.13	$ 105.87
* Medically necessary walk-in service proviced at no charge.
Commercial (Monthly)
32 gallon	$ 33.28	$ 36.28	$ 39.55	$ 43.11	$ 46.99
64 gallon	$ 66.53	$ 72.52	$ 79.05	$ 86.16	$ 93.91
96 gallon	$ 99.86	$ 108.85	$ 118.65	$ 129.33	$ 140.97
1.5 yard	$ 359.32	$ 391.66	$ 426.91	$ 465.33	$ 507.21
2 yard	$ 520.92	$ 567.80	$ 618.90	$ 674.60	$ 735.31
3 yard	$ 683.55	$ 745.07	$ 812.13	$ 885.22	$ 964.89
4 yard	$ 845.04	$ 921.09	$ 1,003.99	$ 1,094.35	$ 1,192.84
6 yard (no wheels)	$ 1,363.15	$ 1,485.83	$ 1,619.55	$ 1,765.31	$ 1,924.19
Extra Pick Up (32 gallon – 96 gallon carts)	$ 26.84	$ 29.26	$ 31.89	$ 34.76	$ 37.89
Extra Pick Up (1.5 yard – 6 yard bins)	$ 214.73	$ 234.06	$ 255.13	$ 278.09	$ 303.12
On-Call Service available fo 25% of monthly rate
4 yard Rental (7 days)	$ 513.17	$ 559.36	$ 609.70	$ 664.57	$ 724.38
Contamination Charge (per bin)	$ 107.36	$ 117.02	$ 127.55	$ 139.03	$ 151.54
Overflowing Cart Charge	$ 26.84	$ 29.26	$ 31.89	$ 34.76	$ 37.89
Overflowing Bin Charge (per cubic yard)	$ 90.41	$ 98.55	$ 107.42	$ 117.09	$ 127.63
Return Trip Charge	$ 80.52	$ 87.77	$ 95.67	$ 104.28	$ 113.67
Additional Commercial RCY or ORG Service Beyond 100%	75% of MSW charge for comparable size	75% of MSW charge for comparable size	75% of MSW charge for comparable size	75% of MSW charge for comparable size	75% of MSW charge for comparable size
Walk-In Charge (per bin)	$ 18.98	$ 20.69	$ 22.55	$ 24.58	$ 26.79
Distance/Private/Small Road Charge (per 50 feet)	$ 18.98	$ 20.69	$ 22.55	$ 24.58	$ 26.79
Lock Service (per lock per time per week)	$ 10.00	$ 10.90	$ 11.88	$ 12.95	$ 14.12
Cart Exchange/Cleaning	$ 25.00	$ 27.25	$ 29.70	$ 32.37	$ 35.28
Cart Replacement	$ 75.00	$ 81.75	$ 89.11	$ 97.13	$ 105.87
Bin Exchange/Cleaning	$ 150.00	$ 163.50	$ 178.22	$ 194.26	$ 211.74
Bin Replacement/Repair	Pass-through cost	Pass-through cost	Pass-through cost	Pass-through cost	Pass-through cost

 

 

MAXIMUM ALLOWABLE RATES (cont.)

 

	Rates Effective	----------------Maximum Allowable Rates-----------------
	2/1/2023	2/1/2024	2/1/2025	2/1/2026	2/1/2027
Per Pull
20 yard debris box (3 tons included)	$ 852.61	$ 929.34	$ 1,012.98	$ 1,104.15	$ 1,203.52
MSW disposal per ton (above 3 tons)	$ 70.04	$ 76.34	$ 83.21	$ 90.70	$ 98.86
20 yard RCY/ORG box (disposal billed as pass-through)	$ 642.49	$ 700.31	$ 763.34	$ 832.04	$ 906.92
Trip Charge (blocked/empty boxes without notification)	$ 250.00	$ 272.50	$ 297.03	$ 323.76	$ 352.90
Compactor Cleaning	$ 450.00	$ 490.50	$ 534.65	$ 582.77	$ 635.22
Daily Box Rental (for no pick up for entire month)	$ 25.00	$ 27.25	$ 29.70	$ 32.37	$ 35.28
Monthly Box Rental (after 7 days of daily box rental)	$ 175.00	$ 190.75	$ 207.92	$ 226.63	$ 247.03
Mattresses/Box Springs
Twin
Mattress	$ 22.29	$ 24.30	$ 26.49	$ 28.87	$ 31.47
Box Spring	$ 24.77	$ 27.00	$ 29.43	$ 32.08	$ 34.97
Double
Mattress	$ 26.83	$ 29.24	$ 31.87	$ 34.74	$ 37.87
Box Spring	$ 31.80	$ 34.66	$ 37.78	$ 41.18	$ 44.89
Queen
Mattress	$ 33.85	$ 36.90	$ 40.22	$ 43.84	$ 47.79
Box Spring	$ 38.82	$ 42.31	$ 46.12	$ 50.27	$ 54.79
King
Mattress	$ 38.82	$ 42.31	$ 46.12	$ 50.27	$ 54.79
Box Spring	$ 49.53	$ 53.99	$ 58.85	$ 64.15	$ 69.92
Appliances
Water Heater (35 gallons)	$ 35.52	$ 38.72	$ 42.20	$ 46.00	$ 50.14
Water Heater (40-50 gallons)	$ 53.29	$ 58.09	$ 63.32	$ 69.02	$ 75.23
Water Heater (up to 100 gallons)	$ 79.71	$ 86.88	$ 94.70	$ 103.22	$ 112.51
Oven	$ 26.83	$ 29.24	$ 31.87	$ 34.74	$ 37.87
Oven (Stove Top)	$ 17.78	$ 19.38	$ 21.12	$ 23.02	$ 25.09
Oven (Stove Unit)	$ 17.78	$ 19.38	$ 21.12	$ 23.02	$ 25.09
Microwave	$ 41.29	$ 45.01	$ 49.06	$ 53.48	$ 58.29
Garbage Compactor	$ 26.83	$ 29.24	$ 31.87	$34.74	$ 37.87
Washing Machine	$ 53.29	$ 58.09	$ 63.32	$ 69.02	$ 75.23
Dryer	$ 35.52	$ 38.72	$ 42.20	$ 46.00	$ 50.14
Dishwasher	$ 44.18	$ 48.16	$ 52.49	$ 57.21	$ 62.36
Refrigerator	$ 140.40	$ 153.04	$ 166.81	$ 181.82	$ 198.18
Freon Extraction (for included BIC also)	$ 35.00	$ 38.15	$ 41.58	$ 45.32	$ 49.40
Item Not Listed (under 60 pounds)	$ 50.00	$ 54.50	$ 59.41	$ 64.76	$ 70.59
Item Not Listed (over 60 pounds)	$ 100.00	$ 109.00	$ 118.81	$ 129.50	$ 141.16
TV and PC Monitors cannot be picked up, as they are hazardous waste.  Please visit www.recyclenow.org for more information.