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HomeMy WebLinkAbout2011-1205 Study Session PACKET CITY OF ASHLAND CITY COUNCIL STUDY SESSION AGENDA Monday, December 5, 2011 at 5:30 p.m. Siskiyou Room, 51 Winburn Way 5:30 p.m. Study Session 1. Look Ahead Review 2. Does Council have questions about the proposed solid waste collection rate increase options? [60 Minutes) In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at (541) 488-6002 (TTY phone number 1-800-735- 2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I). C(>I NCa, A11:F (INGS ARIc 11ROADC AST I I VE ON ("I 1H AVVI13L 9 V1S11 I''l IF, U T Y OI' ASHLAND'S 5 W 1 13 S1 IT ;AT NV\V\t.ASI I1,ANIROR.US City of Ashland Council Meeting Look Ahead *****THIS IS A DRAFT AND SUBJECT TO CHANGE***** ruts �St'ud'iSession iZSiski ou Room'- Departments Responsible ss 12119 tuts cc 12/20 SS 112 cc 113 ss 1116 cc 1117 ss 2/6 cc 217 SS 2/20 cc 2121 ss 315 cc 316 ss 3119 cc 3120 SS 412 cc 413 ss 4116 cc 4117 ss 4130 cc 511 1220 �We ularCouncillMeetin' 1220 1 Resolution regarding Wireless Fees Bill CD CONS 2 Annual Review of Investment Policy Recorder CONS 3 Appointment of Budget Committee Members Barbara Recorder NEW a Sewer line service policy(Mike) PW NEW 5 Update from CERT John Fire NEW 6 Ordinance updating Housing and Planning commission member requirements Bill CD ORD-2 7 Update to Wireless Ordinance Bill/David CD Legal ORD-1 ORD-2 IIIII �SttudiBessiOn CancellFdMNew Years Holida u2 2/3 �Re ular CouncillMeetin' e li tr3 6 Mayors State of the City Speech(Mayor) Mayor PRIES s Presentation on 72 Hour Emergency Kits John Fire PRIES 10 Discussion regarding criteria for selection of new City Administrator Tina HR PH 11 Approval of recommendations regarding the Economic and Cultural Grants process(Lee) Finance UNFIN 12 1 Election of Council President Barbara Recorder NEW 13 Update to Wireless Ordinance Bill/David CD Legal ORD-2 M �Sttud-yI$ession CancellFdMML►KIFJiDa 1i vas ut7 �Re uular CWuncillMeet V647 to Council Goals Update Ann Admin CONS 15 Memorial marker policy(Mike) PW NEW 16 Guidelines for Commission Sponsorship Lee/David Electric Legal NEW 17 Infrastructure financing plan for employment development rrlF Feasibility Final Plan Bill CD New 16 Update on Corn Dev Clarity&Responsiveness Council Goal Bill CD New 19 ITSP Update Mike PW NEW 20 AFN Update Lee IT NEW F:"216: 26 �St'ud'ISession I-nlSiggi ou Room' - 21 Presentation of FY2013 CIP Mike PW "�Re uularGOuncillMeetin'� 2n 22 Approval of FY2013 CIP Mike PW UNFIN 23 Approval of TSP Mike PW - NEW 24 Update on Economic Development Bill CD NEW vzo Stud'ISessionCancellEdQP,r'esident;lDa'- 220 vz1 �Re uular ConcillMe'etin i� iiiii� ziza 25 Approval of Water Master Ian Mike PW NEW 315 26 �St'ud'ISession IZSiski ouRoom'- Discussion regarding a new model for telecommunications franchise agreements and application of rights-of-way usage Lee/Dave IT Legal Finance illlll� ifs Ss _ 27 Discussion regarding uidelines forspecial events Ann Admin PW ss 3i6 �Re ularCou'ncillMe'etin"�- � arb Page 1 of 2 12/112011 City of Ashland Council Meeting Look Ahead *****THIS IS A DRAFT AND SUBJECT TO CHANGE""*"" Page 2 of 2 12/1/2011 Departments B/1e �S fud-YISesion iZSiski ou Roo'm'- 3/19 112n511 WRe uular CouncilIMe'etin Admin PIN s/20 NEW 28 A royal of uidelines for Special Events Ann 4/2 StudTSession iiZSlgRl ou Room' 4/3 Wlke ular CouncilDNe'eti� lCorrections to Fireworks Ordinance John - Fire 0 I I 4/3 ORD-1 29 I ORD-2 M �St'ud'i8ession iZSiskl ou Room M so MRe uularCouncillMetin Approval of Wastewater Maste Ian Mike ® Pw ® 47M7 NEW 31 Corrections to Fireworks Ordinance John - Fire ORD-2 40 �St'ud-yiSesion iilSislii ou Roo°m 1111521111 �Re utaTiCouncillmge—tin -Future To ics NotlYitlSChed'ule`d� Study Session with OSF Board - Study Session re:Business Licenses Joint Meeting with Housing Commission to discuss Clay Street Property Joint Study Session with Parks re:MOU AFN Master Contract Update to Parks curfew ordinance IT Strategic Plan Page 2 of 2 12/1/2011 CITY OF ASHLAND Council Communication Study Session —Recology Waste Collection Rate Increase Meeting Date: December 5, 2011 Primary Staff Contact: Ann Seltzer Department: Administration E-Mail: ann @ashland.or.us Secondary Dept.: Finance Secondary Contact: Lee Tuneberg Approval: Larry Patterson Estimated Time: 60 minutes Question: Does the City Council have questions about the proposed solid waste collection rate increase options? A public hearing is scheduled for tomorrow evening, December 6, when Council can consider the four options and either move forward with a rate increase or decide not to take any action. Staff Recommendation: None. Summary: Recology representatives will present four options on how to implement their requested 23.3% increase for Council to consider. These options to be presented are: 1. Option 1 spreads the rate increase for all customers over three years with the greatest increase in year 1. In year one the greatest increase will be to commercial, debris box, compactor and medical waste customers. Option 1 will retain current volume/frequency discount for commercial bin customers. (See pages 1 and 4) 2. Option 2 spreads the rate increase for all customers over three years. In option 2 the highest increase in year one is to only commercial bin customers. Option 2 slightly reduces the volume/frequency discount for commercial bin customers. (See pages 8 and 11) 3. Option 3 increases the rate for commercial bin customers (49.6%) in year one. This option features a 3.7% increase for all customers including commercial bin customers in years two and three. Option 3 eliminates the volume/frequency discount for commercial bin customers. (See pages 15 and 18) 4. Option 4 is similar to Option 3 but spreads the increase for commercial bin customers over a three year period rather than a single increase in year one. Under this option commercial bin customers receive a 30% rate increase in year 1 and an 11.3% increase in year 2 and 3. All other customers receive a 3.7% increase in year 2 and 3. (See pages 22 and 25) There are 343 unique commercial bin customers. Discussion Points: 1) Currently the commercial bin rate structure provides a volume and frequency discount. As commercial customers subscribes to higher service volumes and frequency, the discount can be as much as 44%per cubic yard. In 1995, Council directed Ashland Sanitary Service to eliminate volume discounts for residential customers. 2) Currently, all Recology customers are subsidizing high volume/frequency commercial bin accounts. Page 1 of 3 �r, CITY OF ASHLAND 3) Option 3 presents a significant increase to commercial bin accounts in year one (49, 6%)and eliminates the current intra-class subsidy for commercial bin customers. 4) Option 4 reduces the impact on local businesses by spreading the rate increase for commercial bin customers over three years and eliminates the current intra-class subsidy. 5) How do these proposed rates (both residential and commercial)compare with rates outside of Ashland? 6) What does Recology do to help commercial customers reduce waste? Under the current rate structure and Options 1 and 2 there is no incentive to reduce waste for commercial bin customers. 7) All four options include the existing volume discount for compactor and construction debris customers. Background: In 2009 the City of Ashland granted a franchise agreement (Ordinance 2582), previously held by Ashland Sanitary Services to Recology for solid waste collection. Section 0 of the Ordinance states the company may petition the City Council each year for an increase in rates based upon an increase in the cost of rendering solid waste disposal services and that a rate increase be approved by resolution. In July, 2011 Recology contacted the City of Ashland requesting a rate increase of 23.3%. Staff met with representatives of Recology in September and requested Recology develop a rate plan that spreads the increase over a three year period. In November, staff met again with Recology and requested a rate plan showing a rate increase without the current volume/frequency discounts for commercial accounts and a new discount for qualifying seniors. The 30% senior discount reflects the discount the City provides to qualifying seniors on their utility bills. In calculating their rate increase, Recology's used the Operating Ratio (OR) of 90%, which we are told, is standard for this industry. This is the same OR used by Rogue Disposal for its six franchises and Recology's franchise with Jackson County. History of Rate Increases 2008-9% 2004-7.2% 1995 - 10% Franchise Fees The City of Ashland receives 5%of the franchise holder's gross receipts. In FY2010-11, the City received $138,842 from Recology. A 23.3%rate increase over three years will generate approximately $171,192 at the end of year three. Related City Policies: Ordinance 2582 Ordinance 2829 Recycling Center Lease Council Options: • Determine which increase(s)to consider in the public hearing. Page 2 of 3 CITY OF ASHLAND • Do not have a public hearing on December 6 and request Recology revise the proposed rate increase. Attachments: • Recology Overview Power Point Slides • Recology rate increase proposals Options 1, 2, 3 and 4 • Rate Increase Impact • Recology Rate Comparisons between Ashland and Medford • Recology Special Programs • Original Rate Filing Request • Recology response to Tuneberg memo to Bennett • Ordinance 2582, 2829, Recycling Center Lease i Page 3 of 3 �r, ecology. WASTE ZERO Rate Increase Application City of Ashland Bruce Gondry—Vice President and Group Manager Ed Farewell—Vice President and Assistant Group Manager Tom Norris—Regional Financial Manager Steve DiFabion—General Manager CORE SERVICES pto� Recology AJ.tr:.9 0 WASTE ZERO ❖Curbside Trash Pickup ❖Curbside Commingled Recycling ❖Curbside Yard Debris ❖Curbside Glass and Motor Oil ❖Debris Box Rental ❖Bulky Item Pickup Recology Valley View Transfer Station r Recology. A,Jdd-;d Sza:.tary Sc;mo WASTE ZERO 3000 N Valley View Rd. Ashland, OR 97520 All Commingled Recycling Trash Materials Glass Cardboard Electronics Scrap Metal Motor Oil Tires Car Batteries Anti-freeze Fluorescent Tubes, CFL's Appliances Lumber & Woody Debris Yard Debris Concrete and Clean Fill SALE OF BAGGED COMPOST FROM THE ROGUE VALLEY Ashland Recyc ling Center Free recycling services ■ Commingled recycling �! l :zv� 40F ■ Bottles and cans V; ■ Cardboard ■CFL's, Fluorescent Tubes ■lnkjet cartridges, toner, cell phones ■Shrink wrap, plastic bags Other services include: ■Free leaf drop-off days ■ "FreeBox" clothing and shoe ■ Composting classes ,exchange ■ Compost j demonstration ---------- - - - - ■area Food bank collection ■Pet adoption— Over 200 dogs Adopted! Other Services We Provide Community outreach and education Ashland Conservation Commission ❖Community events sponsor-4th of July NisFestival of lights, Annual C-of-C Recognition � Dinner, Earth Day, JCRP . 9 ❖Ashland Wildlife Committee +Prescription Drug Drop Boxes :-:❖Clearstream donations -; Volunteerism ****Sticker❖Sticker program ❖Yellow Bag program . ❖Bear-proof carts ❖Co-sponsor of HHW event ❖Discount leaf bag program ❖Community events sponsor-4th of July NisFestival of lights, Annual C-of-C Recognition � Dinner, Earth Day, JCRP . 9 ecology. WASTE ZERO Proposed New Senior/Disabled Program eAge 60, disabled and low income = 30% discount *Age 65 and low income = 30% discount •Applicant needs only to present current city utility bill to qualify Recology. Operating Ratio WASTE ZERO *Operating Ratio = Allowable Expenses - .90, + Pass-Through Expenses •Designed to provide a-pre-tax profit of 10% *Fair to all parties—provides a fair rate of return, prevents excessive profits *Functions in up and down revenue cycles—as economy recovers and revenues return, OR holds rate increases in check *Easy to calculate and administer *Consistent with industry averages for solid waste collection companies—.90 OR is the prevailing industry standard applied in Jackson County as well as other areas of Oregon (e.g. Medford, Jacksonville, Central Point, White'City, Phoenix, unincorporated Jackson County) •Reasonable return allows us to continue to provide value-added services and Improvements, and to remain responsible community business partners Recology. THE COST OF SUCCESS WASTE ZERO • -Nearly 1 of every 8 residential customers takes advantage of discount programs (732 "sticker" customers and 237 "yellow bag" customers out of 8826 total customers) • Equates to "lost" annual revenue of over $134,000 • 265 more tons of material diverted in 2010 vs. 2009 • Jackson County recovery rate improved 6.5% (35.6% diversion 2009 versus 42.1 % diversion in 2010) Lb s. per capita generated Lbs. per capita disposed Lbs. per capita recove"red 2152 766 Knob 1394 1012` Reco,ogy_ THE COST OF S WASTE ZERO LESS TRASH, GREATER DIVERSION = LESS REVENUE 100% 80% 60% 40% 20% 0% Before After ■ Recycling ■ Trash Price of service is assigned to a unit of trash, but recycling services are included in the price. As recycling increases, billable units decrease, but costs associated with providing recycling services continue to escalate. Recology> RECYCLING CHALLENGES WE FACE WASTE ZERO . Value as of 10/11 has returned to $0 *Unstable commodity prices *Distance to markets *Limitations of MRFs ' *Glass collection and disposal *Very low compactor/debris box volume (off 38% calendar YTD) *Increased demand for diversion/services •Lack of facilities to compost/process post-consumer food waste •Alarming fuel costs *Distance to disposal sites 91-ow route density outside urban growth boundaries *Tight access in most service areas -Capital/rate constraints limiting carting of all customers *Low tip fees and pricing do not encourage recycling Residential Mixed Recycling Value $30.00 $20.00 `200 $10.00 �,, y� $' . OPrice in$$ $(10.00) $(20.00) $(30.00) Year *Very low compactor/debris box volume (off 38% calendar YTD) *Increased demand for diversion/services •Lack of facilities to compost/process post-consumer food waste •Alarming fuel costs *Distance to disposal sites 91-ow route density outside urban growth boundaries *Tight access in most service areas -Capital/rate constraints limiting carting of all customers *Low tip fees and pricing do not encourage recycling `200 �,, y� . *Very low compactor/debris box volume (off 38% calendar YTD) *Increased demand for diversion/services •Lack of facilities to compost/process post-consumer food waste •Alarming fuel costs *Distance to disposal sites 91-ow route density outside urban growth boundaries *Tight access in most service areas -Capital/rate constraints limiting carting of all customers *Low tip fees and pricing do not encourage recycling ■ r Recologyu WASTE ZERO The Shortfall -To achieve .90 OR, total revenue must increase 23.3% •Due to the magnitude of this shortfall, we are proposing a 3-year phase-in *We have prepared three scenarios for your consideration •Two of these scenarios begin to address the problem that current commercial rates "reward bad behavior" . RecoloP HOW DID WE GET HERE ? WASTE ZERO More a function of revenue shortfalls than escalating expenses Collection Revenue 2008 Rate Increase 4-1-08 3 Months @ 9% Rate Increase 7-1-09 12 Months @ 7.7% Expected Revenue 2010 Actual Revenue 2010 Shortfall 3,817,924 80,471 300,176 4,198,572 3,737,593 2010 recycling revenues were$69,000 less than 2008. Recycling Revenue 2008 Expected growth Expected Revenue 2010 Actual Revenue 2010 Shortfall iTotal revenue shortfall 460,979, 125,594 125,594 56,613 68,981 529,960 Escalating expenses from 2008 through projected 2012 account for over $300,000 (e.g. wages, payroll taxes, benefits, worker's compensation, insurance, etc. ■ r/ Recology. WASTE ZERO OUR PLEDGE Continue to be good community partners Continue to drive towards Waste Zero Strive for continuous improvement and efforts to increase operational efficiencies Seek to expand programs and services Continue to be good citizens Recology Ashland Sanitary Service Three Year Rate Plan Option 1 23.3% Handout-Option 1 1 of 28 - 11/30/20115:00 PM Current Percent Proposed Percent Proposed Percent Proposed Revenue Increase 2012 Increase 2013 Increase 2014 Residential $1,836,568 8.0% $1,983,589 4.5% $2,072,851 4.5% $2,166,129 Commercial(Cans) $310,225 8.0% $335,066 4.5% $350,144 4.5% $365,900 Commercial(Bins) $1,109,305 12.0% $1,242,421 8.0% $1,341,815 8.0% $1,449,160 Debris Box $349,605 12.0% $391,564 8.0% $422,889 8.0% $456,720 Compactor $120,760 12.0% $135,253 8.0% $146,073 8.0% $157,759 Medical $31,353 12.0% $35,113 4.5% $36.694 4.5% 538.345 23.3% Handout-Option 1 1 of 28 - 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-.Option 1 Residential Service Description Number of Customers Current Recology,Ashland $_Increase %Increase Proposed Medford In City County 32 Gallon 5,703 16.61 1.33 8.0% 17.94 15.63 16.71 64Gallon 12 33.22 2.66 8.0% 35.88 26.19 28.36 96 Gallon 2 49.83 3.99 8.0% 53.82 36.76 40.01 96 Gallon Yard Debris 1,899 5.65 . 0.45 8.0% 6.10 Stickers 548' 35.05 2.81 8.0% 37.86 Yellow Bags 1 191*1 23.27 1.86 8.0% 25.13 ' Sticker and yellow bag customers do not subscribe to regular weekly service. s Handout-Option 1 2 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 1 Commercial Can Service Service Description Number of Customers Yards/ Month Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 32 Gallon 1 x Week 380 0.7 16.61 24.20 1.33 8.0% 17.94 26.13 15.63 22.77 32 Gallon 2 x Week 1 1.4 33.22 24.20 2.66 8.0% 35.88 26.13 31.26 22.77 32 Gallon 3 x Week - 2.1 49.83 24.20 3.99 8.0% 53.82 26.13 46.89 22.77 32 Gallon 4 x Week - 2.7 66.44 24.20 5.32 8.0% 71.76 26.13 62.52 22.77 32 Gallon 5 x Week - 3.4 83.05 24.20 6.64 8.0% 89.69 26.13 78.15 22.77 32 Gallon 6 x Week - 4.1 99.66 24.20 7.97 8.0% 107.63 26.13 93.78 22.77 64 Gallon 1 x Week 119 1.4 33.22 24.20 2.66 8.0% 35.88 26.13 26.19 19.08 64 Gallon 2 x Week 2 2.7 66.44 24.20 5.32 8.0% 71.76 26.13 52.38 19.08 64 Gallon 3 x Week 1 4.1 99.66 24.20 7.97 8.0% 107.63 26.13 78.57 19.08 64 Gallon 4 x Week - 5.5 132.88 24.20 10.63 .8.0% 143.51 26.13 104.76 19.08 64 Gallon 5 x Week - 6.9 166.10 24.20 13.29 8.0% 179.39 26.13 130.95 19.08 64 Gallon 6 x Week 3 8.2 199.32 24.20 15.95 8.0% 215.27 26.13 157.14 19.08 96 Gallon 1 x Week 49 2.1 49.83 24.20 3.99 8.0% 53.82 26.13 36.76 17.85 96 Gallon 2 x Week 2 4.1 99.66 24.20 7.97 8.0% 107.63 26.13 73.52 17.85 96 Gallon 3 x Week 1 6.2 149.49 24.20 11.96 8.0% 161.45 26.13 110.28 17.85 96 Gallon 4 x Week - 8.2 199.32 24.20 15.95 8.0% 215.27 26.13 147.04 17.85 96 Gallon 5 x Week - 10.3 249.15 24.20 19.93 8.0% 269.08 26.13 183.80 17.85 96 Gallon 6 x Week 3 12.4 298.98 24.20 23.92 8.0% 322.90 26.13 220.56 17.85 Handout-Option 1 3 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 1 Commercial Bin Service Service Description Number of Customers Yards/ Month I Current $/Yard Discount Recology Ashland $Increase %Increase Proposed $/Yard Discount Medford In City $/Yard 1 Yard 1 x Week 109 4.3 84.44 19.49 - 10.13 12.0% 94.57 21.82 - N/A 1 Yard 2 x Week 7 8.7 139.13 16.05 17.6% 16.70 12.0% 155.83 17.98 17.6% N/A 1 Yard 3 x Week - 13.0 193.81 14.91 23.5% 23.26 12.0% 217.07 16.70 23.5% N/A 1 Yard 4 x Week - 17.3 248.49 14.34 26.4% 29.82 12.0% 278.31 16.06 26.4% N/A 1 Yard 5 x Week 1 21.7 303.15 13.99 28.2% 36.38 12.0% 339.53 15.67 28.2% N/A 1 Yard 6 x Week 1 26.0 357.83 13.76 29.4% 42.94 12.0% 400.77 15.41 29.4% N/A 1.5 Yard 1 x Week 87 6.5 94.14 14.48 25.7% 11.30 12.0% 105.44 16.22 25.7% 104.61 16.09 1.5 Yard 2 x Week 30 13.0 161.27 12.41 36.3% 19.35 12.0% 180.62 13.89 36.3% 169.48 13.04 1.5 Yard 3 x Week 9 19.5 222.87 11.43 41.3% 26.74 12.0% 249.61 12.80 41.3% 244.93 12.56 1.5 Yard 4 x Week 1 26.0 290.00 11.15 42.8% 34.80 12.0% 324.80 12.49 42.8% 320.39 12.32 1.5 Yard 5 x Week 1 32.5 353.00 10.86 44.3% 42.36 12.0% 395.36 12.17 44.3% 382.63 11.77 1.5 Yard 6 x Week 1 39.0 417.37 10.70 45.1% 50.08 12.0% 467.45 11.99 45.1% 434.25 11.13 1.5 Yard 7 x Week 1 45.5 505.50 11.11 43.0% 60.66 12.0% 566.16 12.44 43.0% N/A 2 Yard 1 x Week 70 8.7 120.43 13.90 28.7% 14.45 12.0% 134.88 15.56 28.7% 136.38 15.74 2 Yard 2 x Week 61 17.3 210.41 12.14 37.7% 25.25 12.0% 235.66 13.60 37.7% 219.76 12.68 2 Yard 3 x Week 39 26.0 300.40 11.55 40.7% 36.05 12.0% 336.45 12.94 40.7% 312.47 12.02 2 Yard 4 x Week 11 34.7 391.06 11.28 42.1% 46.93 12.0% 437.99 12.63 42.1% 393.21 11.34 2 Yard 5 x Week 5 43.3 481.73 11.12 43.0% 57.81 12.0% 539.54 12.45 42.9% 473.94 10.94 2 Yard 6 x Week 6 52.0 570.33 10.97 43.7% 68.44 12.0% 638.77 12.28 43.7% 568.01 10.92 2 Yard 7 x Week 1 3 1 60.7 1 690.76 11.39 41.6% 82.89 12.0% 773.65 12.75 41.6% N/A Handout-Option 1 4 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 1 Compactor Service Description Number of Customers Loose Yds/Load' Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 1 Yard per Load - 3.0 26.93 8.98 3.23 12.0% 30.16 10.05 30.31 10.10 2 Yard per Load - 6.0 53.86 8.98 6.46 12.0% 60.32 10.05 60.62 10.10 3 Yard per Load - 9.0 80.79 8.98 9.69 12.0% 90.48 10.05 90.93 10.10 4 Yard per Load - 12.0 107.72 8.98 12.93 12.0% 120.65 10.05 121.24 10.10 8 Yard per Load 3 24.0 400.08 16.67 48.01 12.0% 448.09 18.67 242.48 10.10 15 Yard per Load 2 45.0 322.80 7.17 38.74 12.0% 361.54 8.03 420.60 9.35 20 Yard per Load 11 60.0 398.92 6.65 47.87 12.0% 446.79 7.45 560.80 9.35 25 Yard per Load 1 75.0 475.06 6.33 57.01 12.0% 532.07 7.09 701.00 9.35 30 Yard per Load - 1 90.0 1 551.21 6.12 66.15 12.0% 617.36 6.86 841.20 9.35 'Assumes 3 to 1 compaction Handout-Option 1 5 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 1 Debris Box Handout-Option 1 6 of 28 11/30/20115:00 PM Service Description Number of Customers Loose Yds/Load Current $/Yard Recology $Increase Ashland %Increase Proposed $/Yard Medford In City $/Yard 7 Yard per Load 1 7.0 136.72 19.53 16.41 12.0% 153.13 21.88 N/A 10 Yard per Load 129 10.0 169.89 16.99 20.39 12.0% 190.28 19.03 213.28 21.33 20 Yard per Load - 20.0 N/A N/A 320.60 16.03 25 Yard per Load 84 25.0 284.73 ' 11.39 34.17 12.0% 318.90 12.76 N/A 30 Yard per Load - 30.0 N/A N/A 427.67 14.26 40 Yard per Load 1 2 1 40.0 1 455.48 11.39 54.66 12.0% 510.14 12.75 554.87 13.87 Handout-Option 1 6 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 1 Medical Service Description Number of Customers Loose Gal/Load Current $/Gal Recology Ashland $ Increase %Increase Proposed $/Gal Medford In City $/Gal 1 Gallon Medical Waste 40 1.0 15.10 2.16 1.81 12.0% 16.91 2.42 17.00 2.43 2 Gallon Medical Waste 24 2.0 22.66 2.27 2.72 12.0% 25.38 2.54 21.22 2.12 6 Gallon Medical Waste 1 6.0 52.90 2.65 6.35 12.0% 59.25 2.96 N/A 15 Gallon Medical Waste 34 15.0 21.39 0.86 2.57 12.0% 23.96 0.96 21.27 0.85 34 Gallon Medical Waste 23 34.0 42.79 1.43 5.13 12.0% 47.92 1.60 30.64 1.02 Handout-Option 1 7 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service Three Year Rate Plan Option 2 23.3% Handout-Option 2 8 of 28 11/30/20115:00 PM Current Percent Proposed Percent Proposed Percent Proposed Revenue Increase 2012 Increase 2013 Increase 2014 Residential $1,836,568 8.0% $1,983,589 4.5% $2,072,851 4.5% $2,166,129 Commercial(Cans) $310,225 8.0% $335,066 4.5% $350,144 4.5% $365,900 Commercial(Bins) $1,109,305 15.3% $1,279,509 8.0% $1,381,870 7.0% $1,478,601 Debris Box $349,605 8.0% $377,574 8.0% $407,780 7.0% $436,324 Compactor $120,760 8.0% $130,421 8.0% $140,855 7.0% $150,715 Medical 531,353 8.0% 533,859 4.5% 535,383 4.5% 536.975 23.3% Handout-Option 2 8 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 2 Residential Service Description Number of Customers Current Recology Ashland $Increase %Increase Proposed Medford In City County 32 Gallon 5,703 16.61 1.33 8.0% 17.94 15.63 16.71 64 Gallon 12 33.22 2.66 8.0% 35.88 26.19 28.36 96 Gallon 2 49.83 3.99 8.0% 53.82 36.76 40.01 96 Gallon Yard Debris 1,899 5.65 0.45 8.0% 6.10 Stickers 548* 35.05 2.81 8.0% 37.86 Yellow Bags 1 191*1 23.27 1.86 8.0% 25.13 * Sticker and yellow bag customers do not subscribe to regular weekly service. Handout-Option 2 9 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 2 Commercial Can Service Service Description Number of Customers Yards/ Month Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 32 Gallon 1 x Week 380 0.7 16.61 24.20 1.33 8.0% 17.94 26.13 15.63 22.77 32 Gallon 2 x Week 1 1.4 33.22 24.20 2.66 8.0% 35.88 26.13 31.26 22.77 32 Gallon 3 x Week - 2.1 49.83 24.20 3.99 8.0% 53.82 26.13 46.89 22.77 32 Gallon 4 x Week - 2.7 66.44 24.20 5.32 8.0% 71.76 26.13 62.52 22.77 32 Gallon 5 x Week - 3.4 83.05 24.20 6.64 8.0% 89.69 26.13 78.15 22.77 32 Gallon 6 x Week - 4.1 99.66 24.20 7.97 8.0% 107.63 26.13 93.78 22.77 64 Gallon 1 x Week 119 1.4 33.22 24.20 2.66 8.0% 35.88 26.13 26.19 19.08 64 Gallon 2 x Week 2 2.7 66.44 24.20 5.32 8.0% 71.76 26.13 52.38 19.08 64 Gallon 3 x Week 1 4.1 99.66 24.20 7.97 8.0% 107.63 26.13 78.57 19.08 64 Gallon 4 x Week - 5.5 132.88 24.20 10.63 8.0% 143.51 26.13 104.76 19.08 64 Gallon 5 x Week - 6.9 166.10 24.20 13.29 8.0% 179.39 26.13 130.95 19.08 64 Gallon 6 x Week 3 8.2 199.32 24.20 15.95 8.0% 215.27 26.13 157.14 19.08 96 Gallon 1 x Week 49 2.1 49.83 24.20 3.99 8.0% 53.82 26.13 36.76 17.85 96 Gallon 2 x Week 2 4.1 99.66 24.20 7.97 8.0% 107.63 26.13 73.52 17.85 96 Gallon 3 x Week 1 6.2 149.49 24.20 11.96 8.0% 161.45 26.13 110.28 17.85 96 Gallon 4 x Week - 8.2 199.32 24.20 15.95 8.0% 215.27 26.13 147.04 17.85 96 Gallon 5 x Week 10.3 249.15 24.20 19.93 8.0% 269.08 26.13 183.80 17.85 96 Gallon 6 x Week 3 1 12.4 298.98 24.20 23.92 8.0% 322.90 26.13 1 220.56 17.85 Handout-Option 2 10 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 2 Commercial Bin Service Service Description Number of Customers Yards/ Month Current $/Yard Discount Recology Ashland $Increase %Increase Proposed $/Yard Discount Medford In City $/Yard 1 Yard 1 x Week 109 4.3 84.44 19.49 - 6.76 8.0% 91.20 21.05 - N/A 1 Yard 2 x Week 7 8.7 139.13 16.05 17.6% 15.90 11.4% 155.03 17.89 15.0% N/A 1 Yard 3 x Week - 13.0 193.81 14.91 23.5% 30.53 15.8% 224.34 17.26 18.0% N/A 1 Yard 4 x Week - 17.3 248.49 14.34 26.4% 39.69 16.0% 288.18 16.63 21.0% N/A 1 Yard 5 x Week 1 21.7 303.15 13.99 28.2% 47.95 15.8% 351.10 16.20 23.0% N/A 1 Yard 6 x Week 1 26.0 357.83 13.76 29.4% 52.55 14.7% 410.38 15.78 25.0% N/A 1.5 Yard 1 x Week 87 6.5 94.14 14.48 25.7% 16.66 17.7% 110.80 17.05 19.0% 104.61 16.09 1.5 Yard 2 x Week 30 13.0 161.27 12.41 36.3% 27.09 16.8% 188.36 14.49 31.2% 169.48 13.04 1.5 Yard 3 x Week 9 19.5 222.87 11.43 41.3% 49.70 22.3% 272.57 13.98 33.6% 244.93 12.56 1.5 Yard 4 x Week 1 26.0 290.00 11.1S 42.8% 60.13 20.7% 350.13 13.47 36.0% 320.39 12.32 1.5 Yard 5 x Week 1 32.5 353.00 10.86 44.3% 73.59 20.8% 426.59 13.13 37.6% 382.63 11.77 1.5 Yard 6 x Week 1 39.0 417.37 10.70 45.1% 81.24 19.5% 498.61 - 12.78 39.3% 434.25 11.13 1.5 Yard 7 x Week 1 45.5 505.50 11.11 43.0% 107.24 •21.2% 612.74 13.47 36.0% N/A 2 Yard 1 x Week 70 8.7 120.43 13.90 28.7% 21.83 18.1% 142.26 16.41 22.0% 136.38 15.74 2 Yard 2 x Week 61 17.3 210.41 12.14 37.7% 31.44 14.9% 241.85 13.95 33.7% 219.76 12.68 2 Yard 3 x Week 39 26.0 300.40 11.55 40.7% 49.57 16.5% 349.97 13.46 36.0% 312.47 12.02 2 Yard 4 x Week 11 34.7 391.06 11.28 42.1% 58.50 15.0% 449.56 12.97 38.4% 393.21 11.34 2 Yard 5 x Week 5 43.3 481.73 11.12 43.0% 65.99 13.7% 547.72 12.64 39.9% 473.94 10.94 2 Yard 6 x Week 6 52.0 570.33 10.97 43.7% 69.86 12.2% 640.19 12.31 41.5% 568.01 10.92 2 Yard 7 x Week 1 3 1 60.7 1 690.76 11.39 41.6% 95.96 13.9% 786.72 12.97 38.4% N/A Handout-Option 2 11 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 2 Compactor Service Description Number of Customers Loose Yds/Load' Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City, $/Yard 1 Yard per Load - 3.0 26.93 8.98 2.15 8.0% 29.08 9.69 30.31 10.10 2 Yard per Load - 6.0 53.86 8.98 4.31 8.0% 58.17 9.70 60.62 10.10 3 Yard per Load - 9.0 80.79 8.98 - 6.46 8.0% 87.25 9.69 90.93 10.10 4 Yard per Load - 12.0 107.72 8.98 8.62 8.0% 116.34 9.70 121.24 10.10 8 Yard per Load 3 24.0 400.08 16.67 32.01 8.0% 432.09 18.00 242.48 10.10 15 Yard per Load 2 45.0 322.80 7.17 25.82 8.0% 348.62 7.75 420.60 9.35 20 Yard per Load 11 60.0 398.92 6.65 31.91 8.0% 430.83 7.18 560.80 9.35 25 Yard per Load 1 75.0 475.06 6.33 38.00 8.0% 513.06 6.84 701.00 9.35 30 Yard per Load - 1 90.0 1 551.21 6.12 44.10 8.0% 595.31 6.61 841.20 9.35 •Assumes 3 to 1 compaction Handout-Option 2 12 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 2 Debris Box Handout-Option 2 13 of 28 11/30/20115:00 PM Service Description Number of Customers Loose Yds/Load Current $/Yard Recology $Increase Ashland %Increase Proposed $/Yard Medford In City $/Yard 7 Yard per Load 1 7.0 136.72 19.53 10.94 8.0% 147.66 21.09 N/A 10 Yard per Load 129 10.0 169.89 16.99 13.59 8.0% 183.48 18.35 213.28 21.33 20 Yard per Load - 20.0 N/A N/A 320.60 16.03 25 Yard per Load - 84 25.0 284.73 11.39 22.78 8.0% - 307.51 12.30 N/A 30 Yard per Load - 30.0 N/A . N/A 427.67 14.26 40 Yard per Load 1 2 1 40.0 1 455.48 11.39 36.44 8.0% 491.92 12.30 554.87 13.87 Handout-Option 2 13 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 2 Medical Service Description Number of Customers Loose Gal/Load Current $/Gal Recology Ashland $ Increase %Increase Proposed $/Gal Medford In City $/Gal 1 Gallon Medical Waste 40 1.0 15.10 2.16 1.21 8.0% 16.31 2.33 17.00 2.43 2 Gallon Medical Waste 24 2.0 22.66 2.27 1.81 8.0% 24.47 2.45 21.22 2.12 6 Gallon Medical Waste 1 6.0 52.90 2.65 4.23 8.0% 57.13 2.86 N/A 15 Gallon Medical Waste 34 15.0 21.39 0.86 1.71 8.0% 23.10 0.92 21.27 0.85 34 Gallon Medical Waste 23 34.0 42.79 1.43 3.42 8.0% 46.21 1.54 30.64 1.02 Handout-Option 2 14 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service Three Year Rate Plan Option 3 Percent Current Percent Proposed Increase Revenue Increase 2012 Residential $1,836,568 0.0% $1,836,568 Commercial (Cans) $310,225 0.0% $310,225 Commercial (Bins) $1,109,305 49.6% $1,659,212 Debris Box $349,605 0.0% $349,605 Compactor $120,760 0.0% $120,760 Medical $31,353 0.0% $31,353 Percent Proposed Percent Proposed Increase 2013 Increase 2014 3.7% $1,904,521 3.7% $1,974,988 3.7% $321,704 3.7% $333,607 3.7% $1,720,603 3.7% $1,784,265 3.7% $362,540 3.7% $375,954 3.7% $125,228 3.7% $129,862 3.7% $32,513 3.7% $33,716 $3,757,816 14.6% $4,307,723 3.7% $4,467,109 3.7% $4,632,392 23.3% Handout-Option 3 15 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 3 Residential Service Description Number of Customers Current Recology Ashland $Increase %Increase Proposed Medford In City County 32 Gallon 5,703 16.61 - 0.0% 16.61 15.63 16.71 64 Gallon 12 33.22 - 0.0% 33.22 26.19 28.36 96 Gallon 2 49.83 - 0.0% 49.83 36.76 40.01 96 Gallon Yard Debris 1,899 5.65 - 0.0% 5.65 Stickers 548' 35.05 - 0.0% 35.05 Yellow Bags 191* 23.27 - 0.0% 23.27 Sticker and yellow bag customers do not subscribe to regular weekly service. Handout-Option 3 16 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 3 Commercial Can Service Service Description Number of Customers Yards/ Month Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 32 Gallon 1 x Week 380 0.7 16.61 24.20 - 0.0% 16.61 24.20 15.63 22.77 32 Gallon 2 x Week 1 1.4 33.22 24.20 - 0.0% 33.22 24.20 31.26 22.77 32 Gallon 3 x Week - 2.1 49.83 24.20 0.0% 49.83 24.20 46.89 22.77 32 Gallon 4 x Week - 2.7 66.44 24.20 - 0.0% 66.44 24.20 62.52 22.77 32 Gallon 5 x Week - 3.4 83.05 24.20 - 0.0% 83.05 24.20 78.15 22.77 32 Gallon 6 x Week - 4.1 99.66 24.20 - 0.0% 99.66 24.20 93.78 22.77 64 Gallon 1 x Week 119 1.4 33.22 24.20 - 0.0% 33.22 24.20 26.19 19.08 64 Gallon 2 x Week 2 2.7 66.44 24.20 - 0.0% 66.44 24.20 52.38 19.08 64 Gallon 3 x Week 1 4.1 99.66 24.20 - 0.0% 99.66 24.20 78.57 19.08 64 Gallon 4 x Week - 5.5 132.88 24.20 - 0.0% 132.88 24.20 104.76 19.08 64 Gallon 5 x Week 6.9 166.10 24.20 - 0.0% 166.10 24.20 130.95 19.08 64 Gallon 6 x Week 3 8.2 199.32 24.20 - 0.0% 199.32 24.20 157.14 19.08 96 Gallon 1 x Week 49 2.1 49.83 24.20 - 0.0% 49.83 24.20 36.76 17.85 96 Gallon 2 x Week 2 4.1 99.66 24.20 - 0.0% 99.66 24.20 73.52 17.85 96 Gallon 3 x Week 1 6.2 149.49 24.20 - 0.0% 149.49 24.20 110.28 17.85 96 Gallon 4 x Week 8.2 199.32 24.20 - 0.0% 199.32 24.20 147.04 17.85 96 Gallon 5 x Week 10.3 249.15 24.20 - 0.0% 249.15 24.20 183.80 17.85 96 Gallon 6 x Week 3 12.4 298.98 24.20 - 0.0% 298.98 24.20 220.56 17.85 Handout-Option 3 17 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 3 Commercial Bin Service Service Description Number of Customers Yards/ Month Current $/Yard Discount Recology Ashland $Increase %Increase Proposed $/Yard Discount Medford In City $/Yard 1 Yard 1 x Week 109 4.3 84.44 19.49 - - 0.0% 84.44 19.49 - N/A 1 Yard 2 x Week 7 8.7 139.13 16.05 17.6% 29.75 21.4% 168.88 19.49 0.0% N/A 1 Yard 3 x Week - 13.0 193.81 14.91 23.5% 59.51 30.7% 253.32 19.49 0.0% N/A 1 Yard 4 x Week 17.3 248.49 14.34 26.4% 89.27 35.9% 337.76 19.49 0.0% N/A - 1 Yard 5 x Week 1 21.7 303.15 13.99 28.2% 119.05 39.3% 422.20 19.49 0.0% N/A 1 Yard 6 x Week 1 26.0 357.83 13.76 29.4% 148.81 41.6% 506.64 19.49 0.0% N/A 1.5 Yard 1 x Week 87 6.5 94.14 14.48 25.7% 32.52 34.5% 126.66 19.49 0.0% 104.61 16.09 1.5 Yard 2 x Week 30 13.0 161.27 12.41 36.3% 92.05 57.1% 253.32 19.49 0.0% 169.48 13.04 1.5 Yard 3 x Week 9 19.5 222.87 11.43 41.3% 157.11 70;5% 379.98 19.49 0.0% 244.93 12.56 1.5 Yard 4 x Week 1 26.0 290.00 11.15 42.8% 216.64 74.7% 506.64 19.49 0.0% 320.39 12.32 1.5 Yard 5 x Week 1 32.5 353.00 10.86 44.3% 280.30 79.4% 633.30 19.49 0.0% 382.63 11.77 1.5 Yard 6 x Week 1 39.0 417.37 10.70 45.1% 342.59 82.1% 759.96 19.49 0.0% 434.25 11.13 1.5 Yard 7 x Week 1 45.5 505.50 11.11 43.0% 381.12 75.4% 886.62 19.49 0.0% N/A 2 Yard 1 x Week 70 8.7 120.43 13.90 28.7% 48.45 40.2% 168.88 19.49 0.0% 136.38 15.74 2 Yard 2 x Week 61 17.3 210.41 12.14 37.7% 127.35 60.5% 337.76 19.49 0.0% 219.76 12.68 2 Yard 3 x Week 39 26.0 300.40 11.55 40.7% 206.24 68.7% 506.64 19.49 0.0% 312.47 12.02 2 Yard 4 x Week 11 34.7 391.06 11.28 42.1% 284.46 72.7% 675.52 19.49 0.0% 393.21 11.34 2 Yard 5 x Week 5 43.3 481.73 11.12 43.0% 362.67 75.3% 844.40 19.49 0.0% 473.94 10.94 2 Yard 6 x Week 6 52.0 570.33 10.97 43.7% 442.95 77.7% 1,013.28 19.49 0.0% 568.01 10.92 2 Yard 7 x Week 3 60.7 690.76 11.39 41.6% 491.40 71.1% 1,182.16 19.49 0.0% N/A Handout-Option 3 18 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 3 Compactor Service Description Number of Customers Loose Yds/Load' Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 1 Yard per Load - 3.0 26.93 8.98 - 0.0% 26.93 8.98 30.31 10.10 2 Yard per Load - 6.0 53.86 8.98 - 0.0% 53.86 8.98 60.62 10.10 3 Yard per Load - 9.0 80.79 8.98 - 0.0% 80.79 8.98 90.93 10.10 4 Yard per Load - 12.0 107.72 8.98 - 0.0% 107.72 8.98 121.24 10.10 8 Yard per Load 3 24.0 400.08 16.67 - 0.0% 400.08 16.67 242.48 10.10 15 Yard per Load 2 45.0 322.80 7.17 - 0.0% 322.80 7.17 420.60 9.35 20 Yard per Load 11 60.0 398.92 6.65 - 0.0% 398.92 6.65 560.80 9.35 25 Yard per Load 1 75.0 475.06 6.33 - 0.0% 475.06 6.33 701.00 9.35 30 Yard per Load 90.0 551.21 6.12 - 0.0% 551.21 6.12 841.20 9.35 'Assumes 3 to 1 compaction Handout-Option 3 19 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 3 Debris Box Service Description Number of Customers Loose Yds/Load Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 7 Yard per Load 1 7.0 136.72 19.53 - 0.0% 136.72 19.53 N/A 10 Yard per Load 129 10.0 169.89 16.99 - 0.0% 169.89 16.99 213.28 21.33 20 Yard per Load - 20.0 N/A N/A 320.60 16.03 25 Yard per Load 84 25.0 284.73 11.39 - 0.0% 284.73 11.39 N/A 30 Yard per Load 30.0 N/A N/A 427.67 14.26 40 Yard per Load 2 40.0 455.48 11.39 - 0.0% 455.48 11.39 554.87 13.87 Handout-Option 3 20 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 3 Medical Service Description Number of Customers Loose Gal/Load Current $/Gal Recology Ashland $Increase %Increase Proposed $/Gal Medford In City $/Gal 1 Gallon Medical Waste 40 1.0 15.10 2.16 1.81 12.0% 16.91 2.42 17.00 2.43 2 Gallon Medical Waste 24 2.0 22.66 2.27 2.72 12.0% 25.38 2.54 21.22 2.12 6 Gallon Medical Waste 1 6.0 52.90 2.65 6.35 12.0% 59.25 2.96 N/A 15 Gallon Medical Waste 34 15.0 21.39 0.86 2.57 12.0% 23.96 0.96 21.27 0.85 34 Gallon Medical Waste 23 34.0 42.79 1.43 5.13 12.0% 47.92 1.60 30.64 1.02 Handout-Option 3 21 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service Three Year Rate Plan Option 4 23.3% Handout-Option 4 22 of 28 11/30/20115:00 PM Current Percent Proposed Percent Proposed Percent Proposed Revenue Increase 2012 Increase 2013 Increase 2014 Residential $1,836,568 0.0% $1,836,568 3.7% $1,904,521 3.7% $1,974,988 Commercial(Cans) $310,225 0.0% $310,225 3.7% $321,704 3.7% 1$333,607 Commercial(Bins) $1,109,305 30.0% $1,442,111 11.3% $1,605,069 11.3% $1,786,442 Debris Box $349,605 0.0% $349,605 3.7% $362,540 3.7% $375,954 Compactor $120,760 0.0% $120,760 3.7% $125,228 3.7% $129,862 Medical $31,353 0.0% $31,353 3.7% $32,513 3.7% $33,716 $3,757,816 8.9% $4,090,622 6.4% $4,351,576 6.5% $4,634,569 23.3% Handout-Option 4 22 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 4 Residential Service Description Number of Customers Current Recology Ashland $Increase %Increase Proposed Medford In City County 32 Gallon 5,703 16.61 - 0.0% 16.61 15.63 16.71 64 Gallon 12 33.22 - 0.0% 33.22 26.19 28.36 96 Gallon 2 49.83 - 0.0% 49.83 36.76 40.01 96 Gallon Yard Debris 1,899 5.65 - 0.0% 5.65 Stickers 548` 35.05 - 0.0% 35.05 Yellow Bags 1 191*1 23.27 - 0.0% 23.27 ` Sticker and yellow bag customers do not subscribe to regular weekly service. Handout-Option 4 23 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 4 Commercial Can Service Service Description Number of Customers Yards/ Month Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 32 Gallon 1 x Week 380 0.7 16.61 24.20 - 0.0% 16.61 24.20 15.63 22.77 32 Gallon 2 x Week 1 1.4 33.22 24.20 - 0.0% 33.22 24.20 31.26 22.77 32 Gallon 3 x Week - 2.1 49.83 24.20 - 0.0% 49.83 24.20 46.89 22.77 32 Gallon 4 x Week - 2.7 66.44 24.20 - 0.0% 66.44 24.20 62.52 22.77 32 Gallon 5 x Week - 3.4 83.05 24.20 - 0.0% 83.05 24.20 78.15 22.77 32 Gallon 6 x Week - 4.1 99.66 24.20 0.0% 99.66 24.20 93.78 22.77 64 Gallon 1 x Week 119 1.4 33.22 24.20 - 0.0% 33.22 24.20 26.19 19.08 64 Gallon 2 x Week 2 2.7 66.44 24.20 - 0.0% 66.44 24.20 52.38 19.08 64 Gallon 3 x Week 1 4.1 99.66 24.20 - 0.0% 99.66 24.20 78.57 19.08 64 Gallon 4 x Week - 5.5 132.88 24.20 - 0.0% 132.88 24.20 104.76 19.08 64 Gallon 5 x Week - 6.9 166.10 24.20 - 0.0% 166.10 24.20 130.95 19.08 64 Gallon 6 x Week 3 8.2 199.32 24.20 - 0.0% 199.32 24.20 157.14 19.08 96 Gallon 1 x Week 49 2.1 49.83 24.20 - 0.0% 49.83 24.20 36.76 17.85 96 Gallon 2 x Week 2 4.1 99.66 24.20 - 0.0% 99.66 24.20 73.52 17.85 96 Gallon 3 x Week 1 6.2 149.49 24.20 - 0.0% 149.49 24.20 110.28 17.85 96 Gallon 4 x Week - 8.2 199.32 24.20 - 0.0% 199.32 24.20 147.04 17.85 96 Gallon 5 x Week - 10.3 249.15 24.20 - 0.0% 249.15 24.20 183.80 17.85 96 Gallon 6 x Week 1 31 12.4 1 298.98 24.20 - 0.0% 298.98 24.20 1 220.56 17.85 Handout-Option 4 24 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 4 Commercial Bin Service Service Description Number of Customers Yards/ Month Current $/Yard Discount Recology Ashland $ Increase %Increase Proposed $/Yard Discount Medford In City $/Yard S Yard lx Week 109 4.3 84.44 19.49 - (11.05) -13.1% 73.39 16.94 - N/A - 1 Yard 2 x Week 7 8.7 139.13 16.05 17.6% 7.65 5.5% 146.78 16.94 0.0% N/A 1 Yard 3 x Week 13.0 193.81 14.91 23.5% 26.36 13.6% 220.17 16.94 0.0% N/A 1 Yard 4 x Week - 17.3 248.49 14.34 26.4% 45.08 18.1% 293.57 16.94 0.0% N/A 1 Yard 5 x Week 1 21.7 303.15 13.99 28.2% 63.81 21.0% 366.96 16.94 0.0% N/A 1 Yard 6 x Week 1 26.0 357.83 13.76 29.4% 82.52 23.1% 440.35 16.94 0.0% N/A 1.5 Yard 1 x Week 87 6.5 94.14 14.48 25.7% 15.95 16.9% 110.09 16.94 0.0% 104.61 16.09 1.5 Yard 2 x Week 30 13.0 161.27 12.41 36.3% 58.90 36.5% 220.17 16.94 0.0% 169.48 13.04 1.5 Yard 3 x Week 9 19.5 222.87 11.43 41.3% 107.39 48.2% 330.26 16.94 0.0% 244.93 12.56 1.5 Yard 4 x Week 1 26.0 290.00 11.15 42.8% 150.35 51.8% 440.35 16.94 0.0% 320.39 12.32 1.5 Yard 5 x Week 1 32.5 353.00 10.86 44.3% 197.44 55.9% 550.44 16.94 0.0% 382.63 11.77 1.5 Yard 6 x Week 1 39.0 417.37 10.70 45.1% 243.15 58.3% 660.52 16.94 0.0% 434.25 11.13 1.5 Yard 7 x Week 1 45.5 505.50 11.11 43.0% 265.11 52.4% 770.61 16.94 0.0% N/A 2 Yard 1 x Week 70 8.7 120.43 13.90 28.7% 26.35 21.9% 146.78 16.94 0.0% 136.38 15.74 2 Yard 2 x Week 61 17.3 210.41 12.14 37.7% 83.16 39.5% 293.57 16.94 0.0% 219.76 12.68 2 Yard 3 x Week 39 26.0 300.40 11.55 40.7% 139.95 46.6% 440.35 16.94 0.0% 312.47 12.02 2 Yard 4 x Week 11 34.7 391.06 11.28 42.1% 196.07 50.1% 587.13 16.94 0.0% 393.21 11.34 2 Yard 5 x Week 5 43.3 481.73 11.12 43.0% 252.18 52.3% 733.91 16.94 0.0% 473.94 10.94 2 Yard 6 x Week 6 52.0 570.33 10.97 43.7% 310.37 54.4% 880.70 16.94 0.0% 568.01 10.92 2 Yard 7 x Week 1 3 1 60.7 1 690.76 11.39 41.6% 336.72 48.7% 1,027.48 16.94 0.0% N/A Handout-Option 4 25 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 4 Compactor Service Description Number of Customers Loose Yds/Load' Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 1 Yard per Load - 3.0 26.93 8.98 - 0.0% 26.93 8.98 30.31 10.10 2 Yard per Load - 6.0 53.86 8.98 - 0.0% 53.86 8.98 60.62 10.10 3 Yard per Load - 9.0 80.79 8.98 - 0.0% 80.79 8.98 90.93 10.10 4 Yard per Load - 12.0 107.72 8.98 - 0.0%' 107.72 8.98 121.24 10.10 8 Yard per Load 3 24.0 400.08 16.67 - 0.0% 400.08 16.67 242.48 10.10 15 Yard per Load 2 45.0 322.80 7.17 - 0.0% 322.80 7.17 420.60 9.35 20 Yard per Load 11 60.0 398.92 6.65 - 0.0% 398.92 6.65 560.80 9.35 25 Yard per Load 1 - 75.0 475.06 6.33 - 0.0% 475.06 6.33 701.00 9.35 30 Yard per Load I - 1 90.0 1 551.21 6.12 - 0.0% 551.21 6.12 1 841.20 9.35 •Assumes 3 to 1 compaction Handout-Option 4 26 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 4 Debris Box Service Description Number of Customers Loose Yds/Load Current $/Yard Recology Ashland $Increase %Increase Proposed $/Yard Medford In City $/Yard 7 Yard per Load 1 7.0 136.72 19.53 - 0.0% 136.72 19.53 N/A 30 Yard per Load 129 10.0 169.89 16.99 - 0.0% 169.89 16.99 213.28 21.33 20 Yard per Load - 20.0 N/A N/A 320.60 . 16.03 25 Yard per Load 84 25.0 284.73 11.39 - 0.0% 284.73 11.39 N/A 30 Yard per Load - 30.0 N/A N/A 427.67 14.26 40 Yard per Load 2 40.0 455.48 11.39 - 0.0% 455.48 11.39 1 554.87 13.87 Handout-Option 4 27 of 28 11/30/20115:00 PM Recology Ashland Sanitary Service City of Ashland First Year Rates-Option 4 Medical Service Description Number of Customers Loose Gal/Load Current $/Gal Recology Ashland $Increase %Increase Proposed $/Gal Medford In City $/Gal 1 Gallon Medical Waste 40 1.0 15.10 2.16 - 0.0% 15.10 2.16 17.00 2.43 2 Gallon Medical Waste 24 2.0 22.66 2.27 - 0.0% 22.66 2.27 21.22 2.12 6 Gallon Medical Waste 1 6.0 52.90 2.65 - 0.0% 52.90 2.65 N/A 15 Gallon Medical Waste 34 15.0 21.39 0.86 - 0.0% 21.39 0.86 21.27 0.85 34 Gallon Medical Waste 23 34.0 42.79 1.43 - 0.0% 42.79 1.43 30.64 1.02 Handout-Option 4 28 of 28 11/30/20115:00 PM RATE INCREASE IMPACT--RESIDENTIAL AND COMMERCIAL CANS Option 1 Option 2 Option 3 Number of $/Month $/Month $/Month Residential Customers Impact Impact Impact 32 Gallon 5703 $ 1.33 $ 1.33 $ 64 Gallon 12 $ 2.66 $ 2.66 $ 96 Gallon 2 $ 3.99 $ 3.99 $ 96 Gallon Yard Debris 1 18991 $ 0.45 1 $ 0.45 $ Stickers 1 548 $ 2.81 1 $ 2.81 $ Yellow Bags 191 $ 1.86 1 $ 1.86 $ option 1 Option 2 option 3 Number of . $/Month $/Month $/Month Commercial Customers Impact Impact Impact Examples State Farm, Banyan Botanicals, CPM Real Estate,ACH, City of 32 Gallon 1 x Week 380 $ 1.33 $ 1.33 $ Ashland 32 Gallon 2 x Week 1 $ 2.66 $ 2.66 $ Enchanted Florist, CD or Not CD, 64 Gallon 1 x Week 119 $ 2.66 $ 2.66 $ Black Swan Inn 64 Gallon 2 x Week 2 $ 5.32 $ 5.32 $ 64 Gallon 3 x Week 1 $ 7.97 $ 7.97 $ 64 Gallon 6 x Week 3 $ 15.95 $ 15.95 $ - Ashland Hospice, Wells Fargo, Red's Threads, Shakespeare, 96 Gallon 1 x Week 49 $ 3.99 $ 3.99 $ - Dreamsacks 96 Gallon 2 x Week 2 $ 7.97 $ 7.97 $ - 96 Gallon 3 x Week 1 $ 11.96 $ 11.96 $ - 96 Gallon 6 x Week 3 $ 23.92 $ 23.92 1 $ - i 1 RATE INCREASE IMPACT--COMMERCIAL BINS Option 1 Option 2 Option 3 Commercial Bin Number of $/Month $/Month $/Month Service Customers Examples Impact Impact Impact City of Ashland, Caldera Brewing, Earthly 1 Yard 1 x Week 109 Goods, Puck's $ 10.13 $ 6.76 $ - 1 Yard 2 x Week 7 $ 16.70 $ 15.90 $ 29.75 1 Yard 5 x Week 1 $ 36.38 $ 47.95 $ 119.05 1 Yard 6 x Week 1 $ 42.94 $ 52.55 $ 148.81 Printfast, Panda Gardens, City of Ashland, 1.5 Yard 1 x Week 87 Martolli's $ 11.30 $ 16.66 $ 32.52 Les Schwab, the Beanery, Pasta Piatti, 1.5 Yard 2 x Week 30 Standing Stone $ 19.35 $ 27.09 $ 92.05 1.5 Yard 3 x Week 9 Winchester Inn, Omar's $ 26.74 $ 49.70 $ 157.11 1.5 Yard 4 x Week 1 $ 34.80 $ 60.13 $ 216.64 1.5 Yard 5 x Week 1 $ 42.36 $ 73.59 $ 280.30 1.5 Yard 6 x Week 1 $ 50.08 $ 81.24 $ 342.59 1.5 Yard 7 x Week 1 Plaza Inn &Suites $ 60.66 $ 107.24 $ 381.12 Miller Paint, Bloomsbury Books, 2 Yard 1 x Week 70 Shakespeare, El Paraiso $ 14.45 $ 21.83 $ 48.45 2 Yard 2 x Week 61 Grange Co-op, Darex, Brother's, Elks $ 25.25 $ 31.44 $ 127.35 2 Yard 3 x Week 39 Wild Goose, SOU, Starbuck's, YMCA $ 36.05 $ 49.57 $ 206.24 2 Yard 4 x Week 11 Holiday Inn, Skylark Assisted Living $ 46.93 $ 58.50 $ 284.46 2 Yard 5 x Week 5 SOU, Maranatha, Pub School Dist 5 $ 57.81 $ 65.99 $ 362.67 2 Yard 6 x Week 6 Wendy's, Bi-Mart $ 68.44 $ 69.86 $ 442.95 2 Yard 7 x Week 3 Ashland Springs,Ashland Food Co-op $ 82.89 $ 95.96 $ 491.40 2 a RATE INCREASE IMPACT--DEBRIS BOX AND COMPACTORS Option 1 Option 2 Option 3 Number of $/Pick-up $/Pick-up $/Pick-up Debris Box Customers Impact Impact Impact Examples 7 Yard per Load 1 $ 16.41 $ 10.94 $ - Ashland Parks,Shakespeare, 10 Yard per Load 129 $ 20.39 $ 13.59 $ - Callahan's, One-time users Darex, Lions,Ashland Public 25 Yard per Load 84 $ 11.39 $ 22.78 $ - School Dist. 5, One-time users 40 Yard per Load 2 $ 11.39 $ 36.44 $ Option 1 Option 2 Option 3 Number of $/Pick-up $/Pick-up $/Pick-up Compactors Customers Impact Impact Impact Ashland Public School Dist. 5, 8 Yard per Load 3 48.01 $ 32.01 $ - Shakespeare 15 Yard per Load 21 38.74 1 $ 25.82 1 $ Safeway,Shop-N-Cart SOU,Albertson's, Rite Aid, 20 Yard per Load 11 47.87 1 $ 31.91 $ Windmill Inn 25 Yard per Load 1 57.011 $ 38.00 $ Wal-Mart i 3 Recology Ashland Sanitary Service Rate Comparisons Monthly Residential Rates Ashland Medford Difference 1 Can $ 16.61 $ 15.63 $0.98 2 Cans $ 33.22 5 26.19 $7.03 3 Cans $ 49.83 $ 36.76 $13.07 4 Cans $ 66.44 N/A $3.92 96 Gallon Yard Debris $ 5.65 $ 6.01 ($0.36) Stickers $ 35.05 N/A $5.88 Yellow Bags S 23.27 $ 38.45 (515.18) a n $ 5.04 N/A $14.06 Extra Small Ba $ 2.51 $ 3.91 $21.09 Commercial Can Rates Ashland Medford Difference 32 Gallon 1 x Week $ 16.61 $ 15.63 $0.98 32 Gallon 2 x Week $ 33.22 $ 31.26 $1.96 32 Gallon 3 x Week $ 49.83 $ 46.89 $2.94 32 Gallon 4 x Week $ 66.44 $ 62.52 $3.92 32 Gallon 5 x Week $ 83.05 $ 78.15 $4.90 32 Gallon 6 x Week $ 99.66 $ 93.78 $5.88 64 Gallon 1 x Week $ 33.22 $ 26.19 $7.03 64 Gallon 2 x Week $ 66.44 $ 52.38 $14.06 64 Gallon 3 x Week $ 99.66 $ 78.57 $21.09 64 Gallon 4 x Week $ 132.88 $ 104.76 $28.12 64 Gallon 5 x Week $ 166.10 $ 130.95 $35.15 64 Gallon 6 x Week $ 199.32 $ 157.14 $42.18 96 Gallon 1 x Week $ 49.83 $ 36.76 $13.07 96 Gallon 2x Week $ 99.66 $ 73.52 $26.14 96 Gallon 3 x Week $ 149.49 $ 110.28 $39.21 96 Gallon 4 x Week 5 199.32 $ 147.04 $52.28 96 Gallon 5 x Week $ 249.15 T183.86 $65.35 96 Gallon 6 x Week I S 298.91 $ 220.56 $78.42 Medical Waste Rates Ashland Medford Difference 1 Gal Sharps $ 15.10 $ 17.00 (51.90) 2 Gal Sharps $ 22.66 $ 21.22 $1.44 15 Gal Sharps $ 21.39 S 21.27 $0.12 34 Gal Sharps $ 42.79 $ 30.64 $12.15 Commercial Bin Rates Ashland Medford Difference 1 Yard 1 x Week $ 84.44 N/A ($3.38) I Yard 2 x Week $ 139.13 N/A ($6.76) I Yard 3 x Week S 193.81 N/A ($10.14) 1 Yard 4 x Week $'248.49 N/A ($13.521 1 Yard 5 x Week $ 303.15 N/A ($27.04) 1 Yard 6 x Week $ 357.83 N/A ($97.80) 1.5 Yard 1 x Week $ 94.14 $ 104.61 IS 1047) 1.5 Yard 2 x Week $ 161.27 $ 169.48 (58.21) 1.5 Yard 3 x Week $ 222.87 $ 244.93 ($22.06) 1.5 Yard 4 x Week $ 290.00 $ 320.39 ($30.39) 1.5 Yard 5 x Week $ 353.00 $ 382.63 ($29.63) 1.5 Yard 6 x Week $ 417.37 $ 434.25 ($16.88) 1.5 Yard 7 x Week $ 505.50 N/A 2 Yard 1 x Week $ 120.43 $ 136.38 1535.95( 2 Yard 2 x Week S 210.41 $ 219.76 ($9.35) 2 Yard 3 x Week $ 300.40 $ 312.47 ($12.07) 2 Yard 4 x Week $ 391.06 $ 393.21 11$2.15) 2 Yard 5 x WW 2k 5 481.73 $ 473.94 $7.79 2 Yard 6 x Week $ 570.33 $ 568.01 $2.32 2 Yard 7 x Week $ 690.76 N/A Compactor Rates Ashland Medford Difference 1 Yard per Load $ 26.93 $ 30.31 ($3.38) 2 Yard per Load $ 53.86 $ 60.62 ($6.76) 3 Yard per Load $ 80.79 $ 90.93 ($10.14) 4 Yard per Load $ 107.72 $ 121.24 ($13.521 8 Yard per Load $ 215.44 $ 242.48 ($27.04) 15 Yard per Load $ 322.80 $ 420.60 ($97.80) 20 Yard per Load $ 398.92 $ 560.80 ($161.88) 25 Yard r Load $ 475.06 $ 701.00 ($225.94) 30 Yard per to a d $ 551.21 $ 841.20 1 ($289.99) Debris(Drop)Boxes Ashland Medford Difference 7 Yard per Load $ 136.72 N/A 30 Yard per Load $ 169.89 S 213.28 ($43.39) 20 Yard per Load N/A S 320.60 25 Yard per Load $ 284.73 N/A 30 Yard per Load N/A 5 427.67 40 Yard per Load $ 455.48 $ 554.87 ($99.39) Recology Special Programs • Prescription Drug Boxes—Recology fabricated and donated Prescription Drug collection boxes to be placed in the lobbies of the Ashland and Talent police departments. This keeps prescription drugs away from children, and out of our water supply and landfills. • Bear Proof Cart Pass Through—Recology provides bear proof carts at cost to customers within city limits/urban growth boundary. Carts may be purchased outright, or paid for over 24 months on a "rent to own" basis. • Green Debris Program—easing of the requirements for participation. 12-month commitment has been waived. This should increase participation and waste diversion. • Ashland Recycle Center—expanded hours of operation. Now open six days per week. • Curbside Leaf Bag Collection—in conjunction with Ashland Conservation Commission, special leaf bags are offered at a discount. Recology has expanded its contribution allow greater participation. This helps to keep leaves out of storm drains and landfills, and provides an outlet for customers not utilizing the year-round green debris program. • Free Leaf Drop-Off Days—Recology has expanded this program from two days to three days. Customers may bring large quantities of leaves to the Ashland Recycle Center for free disposal. Again, this helps to keep our streets, storm drains, and landfills free of leaves. • Household Hazardous Waste Event-Recology co-sponsors household hazardous waste collection events at Rogue Disposal and Southern Oregon Sanitation transfer stations. Recology's 2009 costs for these events was approximately$18,000. • Plastic Roundup—working with the Jackson County Recycling Partnership and Jackson County SmartWorks, Recology provides volunteers and equipment at this event. Last year, over 27,000 pounds of plastics were diverted at the two Plastic Roundup locations, half of which came from the Ashland location (with the other half coming from the Medford location). • Urban Composting Classes—in conjunction with the Ashland Conservation Commission, Recology sponsors four Urban Compost classes, free to the public, at the Ashland Recycle Center. • Yellow Bag Program—continuation of program designed for seniors who do not need regular weekly service. Pre-paid bright yellow bags are sold in packs of five, and typically help seniors to reduce their trash service costs by putting trash out only on an "as-needed" basis. • Sticker Program—continuation of a program for customers who do not generate large amounts of trash. Pre-paid stickers are put on cans that are set out at curb as needed. Savings here tend to be substantial for situations with the right circumstances. • Summary of other programs—free electronics collection, dog adoption, clothing and shoe exchange, fluorescent and compact fluorescent tube collection, plastic bag and plastic film collection, collection of ink cartridges,toner, and cell phones, commercial compost program, food bank collection drop off, Ashland Recycle Center tours, Christmas Treecycle partnership with Boy Scouts. Recology Community Involvement Ashland Conservation Commission—permanent seat Ashland Wildlife Committee—consulting, assistance with deer census data, participation in RVTV presentation Ashland Chamber of Commerce—member, major sponsor of 4`"of July celebration, Festival of Lights, annual Recognition Dinner. Consulting for waste reduction and waste collection at major events. Rogue Valley Earth Day—major sponsor,consulting,fund raising Bear Creek Festival—Zero Waste Event planner, participant Ashland Green Business Program—consulting North Mountain Park—presentations, educational programs Donations—Ashland Community Hospital,Ashland Schools Foundation, Mt.Ashland "Give a Kid a Lift," Firehouse Five, Kiwanis,Ashland Little League,Ashland High Arts Advocates,Ashland High Drama Club, Ashland High Water Polo, many others. Donated storage shed to Jackson County Master Recyclers. Jackson County Recycling Partnership—member, consultant. Donated "ClearStream" containers. Jackson County Master Recyclers—instructor, sponsor, participant,consulting. GM and spouse are Master Recyclers, Recology has first Over Jackson County Master Recycler sanitation driver,Waste Zero Specialist is Master Recycler. Southern Oregon University—consulting,assistance with statistics, support of sustainability and waste reduction programs,classroom presentations and talks. Oregon Green Schools—participant, presenter Association of Oregon Recyclers—member, presenter Oregon Refuse and Recycling Association—member, past officer Other consulting—Ashland Food Coop, YMCA,OSF, AMS,ACH,Taste of Ashland, Maranatha/Inspire foods, others Improvements made by Recology since acquiring Ashland Sanitary&Recycling Recology's goal was to have a seamless transition in ownership and operation. To that end, Recology worked hard to ensure that changes were gradual, thoughtful,and positive. To date there have been virtually no "takeaways;' and several additions and enhancements: • We changed our billing from monthly to quarterly. This has saved approximately 160,000 envelopes and 80,000 sheets of billing paper'per year. • We need to pay well to attract and retain qualified employees. To that end,:Recology has given raises to all employees. These were the first raises since the third quarter of 2008. • Recology completely refurbished:the Ashland Recycle Center to include painting of all buildings,cleanup and enhancement of landscape, new signage, and with city assistance, repair, resurfacing and restriping of the entire lot. We also returned days of operation of the Center to six days per week(at time of acquisition, the Center was closed on Mondays). • At the Valley View Transfer Station; Recology.added a new Electronics Recycling building to improve appearance,customer and employee safety, and to ensure confidentiality and environmental compliance. We built a new pay station'to speed up service and to provide better/safer traffic control. There have also been significant improvements in cleanliness and appearance, as well as addition of traffic striping, new signage, and extensive repairs to the asphalt surfaces(to include widening of the customer exit to improve visibility and safety). Additionally,an employee warming shed and a covered employee break area with picnic tables and barbecue grill have been added. • At our main office at 170.Oak St. Recology has completed extensive upgrades to the landscape to ensure that our building"fits"with the many beautiful homes and businesses on Oak Street. We.converted the upstairs of our building to a conference are which has been used for meetings with representatives of the Ashland Chamber of Commerce,Ashland Conservation Commission,Jackson County Recycling Partnership,Jackson County Master Recyclers, Southern Oregon Sustainability Business Network,Southern Oregon University, City of Ashland representatives,and a host of others. • Recology has created the position of Waste Zero Specialist,and has promoted the former Recycling Coordinator to this position. Her hours worked have also expanded from part-time(26 hours per week) to permanent full-time to better serve the sustainability and waste reduction needs of our service area. • Our employees have all been provided new uniforms which help to promote a professional image both for the company and the community, and to instill pride in the workforce. Additionally, we have provided new"high visibility" clothing to improve safety for our employees and the public while they are working their routes. • Backing accidents are the most frequent type of accidents we experience. To minimize backing accidents and to reduce the chance of a catastrophic injury to a.child or pedestrian crossing in the "blind spot" to the rear of our vehicles,we have added backup cameras to all of our,route vehicles. "Kick bars" have been added to our commercial vehicles to eliminate lifting.of large containers with hooks and chains,which are very dangerous. • In an effort to improve route efficiencies,Recology has completely re-routed our service area and introduced a . number of different vehicles. We were able to eliminate an entire route, which translates to one less truck on the road each service day and taking advantage of attrition, reducing the driver workforce by one driver. Re- routing has made routes more contiguous and greatly reduced instances of two vehicles servicing the same area. The different vehicle types have allowed us to work more safely and efficiently,and reduced the number of times our vehicles have to"break off' of their routes to go to the Transfer Station to dump their loads, thereby saving fuel,vehicle wear and tear,and labor. Recology Ashland Sanitary Service WASTE ZERO July 18, 2011 Martha Bennett City Administrator City of Ashland 20 E. Main Street Ashland, OR 97520 Dear Ms. Bennett: Pursuant to the terms of the franchise contract agreement between the City of Ashland and Recology Ashland Sanitary Service, I am enclosing 2 copies of the Recology Ashland Sanitary Service rate application package for Rate Year 2011/2012. The application, as presented, seeks a total increase of 23.3%. .This increase was derived using the"operating ratio" methodology (essentially, operating expenses divided by .90)which our Vice President and Group Manager, Bruce Gondry, and I discussed with you in our meeting of November 16, 2010. As you may recall, this is the same methodology prescribed in our franchise agreement with Jackson County. Additionally, I am enclosing 2 copies of the Independent Accountant's Review Report of Recology Ashland Sanitary Service's financial statements for the period ending September 30, 2010. This review and report was performed by the Ashland accounting firm of Nagel & Padilla LLC. Should you desire additional copies of the rate application package and/or Independent Accountant's Review Report, please let me know. I can make them available to you either in hard copy or electronic forth. Recology recognizes that this is a significant increase. Accordingly, after you have had an opportunity to review this rate application package, please contact me so that we may schedule the appropriate resources to respond to your questions or concerns and to provide the framework for an expeditious review process. Respectfully, even . DiFabion General Manager Enclosures cc: Bruce Gondry, Mark Lomele, George McGrath,Tom Norris,Ann Seltzer ": Oak scree• Asniane OR 475X'80a T 54' 482 87• -ecooyyasmanesam,arvsew,ce cow RecoloOY Ashland SonflarV Service Rate Application for Rate Year 2012(October 1,2011-September 30,2012) Exhibit 1 AJYnd ntc app0ollon.Exhibit I 1 7/17/20112:"PM Base Year Bast,Year FY 2010 Adjustments Adjusted FY 2D10 Adjustments Current Year Rate Year Escalation FY 2011 Adjustments Escalation FY 2012 REVENUES COLLECTION REVENUE RECYCLING $3,737,593 $3,737,593 3130,572 (1) $3,868.165 $3,868,165 OTHER 56,612 18,435 (18,435) (3) 56,612 78.689 (2) 135,301 135,301 0 0 0 TOTAL REVENUE $3,812,640 ($18,435) $3,794,205 $209,261 $0 $4,003,468 EO §0 $4,003,666 OPERATING EXPENSES - DISPOSAL WAGES AND BENEFITS $1,130,176 1,812,080 $1,130,176 ($64,344) (4) 31,065,832 $29.240 (4) $1,095.072 INSURANCE J4,079 1,812,080 (31,884) (5) 1,780,196 14,073 (5) 1,794,269 FUEL AND OIL 165,858 34,079 21,342 (6) 55,421 46,713 (6) 102,134 TRUCK SUPPLIES 8 REPAIR PARTS 185,469 165.858 185,469 34,973 (7) 200,831 $6.025 (B) 206,856 EQUIPMENT LEASE 25.746 25,746 109.694 (9) $5564 , (8) 191,033 $5.731 (8) 196,764 DEPRECIATION 240.655 (3225.008) (10) 15,647 340 (10) 135.440 25,072 9 O 165,987 FRANCHISE FEES OTHER OPERATING 202,540 114,472 202,540 (9.132) (11) 15.987 193.408 (193,408) (11) 0 GENERAL 8 ADMINISTRATIVE 317,847 ($15.946) (12) ($4,988) (13) 98,526 312.659 $191,769 $2,956 (8) 101,482 $3,044 (8) 104,526 (13) $8,339 (8) 512,967 $2,384 (13) $8,590 (0) 523,941 TOTAL OPERATING EXPENSES $4,228,922 ($245.942) §3,982,980 $252,758 §18,859 $4,252,597 ($75,926) $23.390 $4,200,061 NET OPERATING INCOME(LOSSI ($416,282) ($188.775) TARGET OPERATING RATIO (E2g9 iJl) ($198,595) TARGET REVENUE FROM OPERATIONS 90.00Y. $4.666,734 ADD PASS THROUGH FRANCHISE FEES (I1) 2.38.496 TOTAL REVENUE REQUIREMENT , $4.905,231 RATE YEAR REVENUE OEFICIENCYI(EXCESS) $901,765 PERCENT INCREASE(DECREASE)REQUIRED --•e�•u• (14) 23.3% AJYnd ntc app0ollon.Exhibit I 1 7/17/20112:"PM Recology Ashland Sanitary Service Rate Application for Rate Year 2012(October 1,2011-September 30,2012) Exhibit 1-Notes Exhibit 1 summarizes the 2010 fiscal year revenues and operating costs with adjustments for discretionary and onetime revenues and expenses.This schedule also projects fiscal 2011 and 2012 revenues and operating costs. Revenues and expenses for fiscal 2010 reflected 11.5 months from the inception of Recology ownership on October 15,2009 to September 30,2010,our fiscal year end. Two supporting exhibits are included,which provide the detail for two of the calculations and are noted below. Exhibit 1 results in a 23.3%rate increase needed to meet the target operating ratio of 0.9 for the rate year 2012. (1) Collection Revenues 2011 Refuse collection revenue was increased by$130,572 to adjust revenues to reflect a full year and to reflect changes in the customer base for residential,commercial and debris box based on current trends. Monthly business has declined slightly compared year-to-date. 2012 Refuse collection revenue was held flat assuming the downward economic trend will end in 2012. (2) Recycling Revenue 2011 Recycling revenue was increased by$78,689 based on year-to-date volume trends and commodity pricing. 2012 Recycling revenue was held flat assuming volumes will remain steady and pricing will remain favorable. (3) Other Revenue 2010 Other revenue for fiscal 2010 was reduced to zero to remove onetime revenues,revenues associated with the interest charge on delinquent accounts and other miscellaneous non- regulated revenues. (4) Disposal 2011 Disposal expense was reduced by($64,344)based on two factors. First,year-to-date actual expenses and current trends were used to project the disposal activity for the year. Second, expenses were adjusted the last three months of the fiscal year for the 2.5%disposal rate increase at Dry Creek Landfill effective July 1,2011. 2 Exhibit 1-Notes 2012 Disposal expense was increased by$29,240 for fiscal 2012. Volumes were held flat. Expenses were adjusted October 2011 through June 2012 to reflect the 2.5%increase at Dry Creek Landfill effective July 1, 2011 and adjusted July 2012 to September 2012 for an assumed 3.5%increase that would became effective July 1,2012. (5) Wages and Benefits 2011 Since the acquisition of the company,the routes have been restructured to make them as efficient as possible. Expenses for fiscal 2011 were reduced($31,884)to reflect the current routing and staffing levels. 2012 We do not anticipate further gains in route efficiency for fiscal 2012. Expenses were increased $14,073 based on anticipated wage and benefit changes. Wages and benefits were estimated based on a 3%increase in wages,pension,and health and welfare,partially offset by a ($19,371) reduction in worker's compensation insurance due to the implementation of Recology's self insurance program. (6) Insurance 2011 Insurance expense was increased$21,342 based on current year-to-date expense trends. In 2011 the company implemented the Recology self-insurance programs. These programs provide additional coverage along with higher limits." For 2011, as the Recology insurance programs were being implemented to replace previous coverage,the administrative cost allocation was being absorbed by the corporate office. 2012 Insurance expense was increased by$46,713 based on the anticipated costs through our Recology self-insurance program. For fiscal 2012 we anticipate an additional allocation for administration of the corporate self-insurance. This charge covers both auto and general liability and worker's compensation. (7) Fuel and Oil 2011 Fuel and oil expense was increased$34,973 based on current expense trends. Year-to-date fuel prices have increased by about 25%over last year. (8) Escalation Expenses have been escalated based on the May 2011 CPI All Urban Consumers West-A index of 3.0%. 3 Exhibit 1-Notes (9) Equipment leases 2011 Equipment lease expense was increased$109,694 in fiscal 2011 based on the lease schedule provided as Exhibit 2. Equipment is purchased through Recology's leasing department and leased back to the divisions. The lease for new equipment is based on the actual purchase cost of the equipment plus a cost to finance which is currently 5.3%. Since October 2010,the company acquired new computer terminals and printers, recycling bins,carts and debris boxes to support the operation. In addition,since the acquisition of company the routes have been restructured to make them as efficient as possible. As part of this restructuring, Recology Ashland Sanitary Service acquired several used trucks to aid efficiencies and to replace worn-out trucks. For these used trucks,the company has either taken over the lease from another company or is being charged a lease based on fair market value of the equipment which is typically 20%of its original purchase cost. 2012 For fiscal 2012 the company plans to purchase additional recycling bins,carts, and backup cameras to support its operation. Lease expense was increased$25,072 to agree with the lease schedule provided as Exhibit 2. (10) Depreciation 2010 Recology purchased Ashland Sanitary Service on October 15,2009. At that time the assets of Ashland Sanitary Service were assessed for their market value. This market value is part of the purchase accounting and includes assets that may have been fully written off by the prior owner. Expenses were reduced($255,008)to remove assets that would be fully written off by 2012. The remaining assets are presented in Exhibit 3. 2011 Depreciation expense was increased$340 to agree with Exhibit 3. (11) Franchise Fees 2011 Franchise fees have been adjusted to represent 5%of the refuse collection revenue as required by the franchise agreement. 2012 Franchise fees have been reduced to zero in the operating section and have been recalculated below the line based on 5%of the revenue requirement from collection services(Total Revenue Requirement minus Recycling Revenue). 4 Exhibit 1-Notes (12) Other Expenses 2010 Other expenses were reduced by($15,946)to remove onetime expense s related to a loss on disposition of assets. (13) General and Administrative 2010 General and Administrative expenses have been reduced by($4,988)for donations. Donations are considered to be discretionary expenses and with this adjustment have been reduced to zero. 2011 Expenses were increased$191,769 for an allocation of Recology corporate services. Corporate services include Information Technology,Human Resources,Corporate Accounting, Corporate Management,Environmental Compliance and Sustainability. These services were provided in 2010 but the cost for that year was absorbed by the corporate office. 2012 Expenses were increased$2,384 to increase the allocation of Recology corporate services by about 1.2%. (14) Percent of Increase/(Decrease)Required The Rate Year Revenue Deficiency/(Excess)divided by the Collection Revenue determines the percent of revenue adjustment required for the rate year(FY 2012)of 23.3%. 5 Exhibit 2 Recology Ashland Sanitary Service Lease Equipment 1r )g Mr Item Unit Lease Tn MEOW y y��:..EE�1,,y; �• {.. {_ [ „ Actual Actual t �- IY�llIn Acquisition t 131111 r*�` �h ' Start Act; R' =2.. Actual Rate Pro'etteil 1 .. Pro edted �. �t?11YR7... x`� ti&n w. , .'-, 8/31/2015 830.39 .BI- Date ,,Y End t.. FY 2030.; FY 2b10" FY-2013: FY 2012". rrt'<en. Number Numbe .Number uanntY. .*.e a•, .. Descrlptlon fir...-.: 9° - .C[ost•.,:,-. -` Rate, . y„ :`.:.: Rate`. =ACguvedc- .'°ii +s alDa[e a a bate" - Ezpense Rate Expense Rate Expense Rate Expens e 206877 07102 1103-009 1 01 FORD F350 PU W/WELDER,AIR 15,000.00 289.99 281.35 11/5/2009 8/1/2010 7/31/2015 579.98 562.70 3,376.20 3,376.20 9s49r 14LU4 ALUS-uiz 1 US LUUAL SUYU�YLI I [VU S/L 42,9S9.46 830.39 805.79 2/1/2003 9/1/2010 8/31/2015 830.39 805.79 9,669.48 9,669.48 ' 166799 14204 1103-012 1 CRTdm CATALYST FILTER SYSTEM 8,136.50 125.75 152.62 6/1/2007 9/1/2010 5/31/2014 125.75 152.62 1,831.44 1,831.44 96621 14210 1103-013 1 03 LODAL 30YD SPLIT EVO 5/L 42,959.46 830.39 805.79 3/1/2003 9/1/2010 8/31/2015 830.39 _ 805.79 9,669.48 9,669.48 166772 14210 1103-013 1 CRTdm CATALYST FILTER SYSTEM 8,136.50 125.75 152.62 6/1/2007 9/1/2010 5/31/2014 125.75 152.62 1,831.44 1,831.44 96639 14211 1103-013 1 03 LODAL 30YD SPLIT EVO S/L 42,959.46 830.39 805.79 3/1/2003 9/1/2010 8/31/2015 830.39 805.79 9,669.48 9,669.48 166764 14211 1103-013 1 CRTdm CATALYST FILTER SYSTEM 8,136.50 125.75 152.62 6/1/2007 9/1/2010 5/31/2014 125.75 152.62 1,831.44 1,831.44 98941 14215 1103-012 1 03 LODAL 30YD SPLIT EVO S/L 42,959.46 830.39 805.79 5/1/2003 9/1/2010 8/31/2015 830.39 805.79 9,669.48 9,669.48 16673014215 1103-012 S CRTdm CATALYST FILTER SYSTEM 8,136.50 125.75 152.626/1/2007 9/1/2010 5/31/2014 125.75 152.62 1,831.44 1,831.44 79847 15193 AS-001 1 LODAL 30YD SPLIT EVO S/L 43,296.86 836.92 812.12 5/1/2002 10/1/2009 9/30/2014 10,043.04 9,745.44 9,745.44 9,745.44 163117 15193 AS-001 1 CRTdm CATALYST FILTER SYSTEM 8,136.50 124.74 169.89 3/1/2007 3/1/2007 2/28/2014 1,496.88 2,038.68 2,038.68 2,038.68 87839 15217 AS-003 1 03 AUTOCAR CHASSIS 21,825.30 421.88 409.38 9/1/2002 2/1/2010 1/31/2015 3,375.04 3,275.04 4,912.56 4,912.56 206519 AS-002 1 TIMECLOCK PLUS HAND SCANNER 3,331.32 64.40 62.49 11/1/2009 12/1/2009 10/31/2014 644.00 624.90 749.88 749.88 209373 AS-002 7 WYSE V10L THIN CLIENTS 3,297.68. 63.77 61.85 1/1/2010 1/1/2010 12/31/2014 573.93 556.65 742.20 742.20 209381 AS-002 1 CISCO ASA 5505 APPLIANCE 679.32 13.13 12.74 1/1/2010 1/1/2010 12/31/2014 118.17 114.66 152.88 152.88 209390 AS-002 8 VIEWSONIC 191N LCD MONITORS 1,458.72 28.24 27.36 1/1/2010 1/1/2010 12/31/2014 254.16 246.24 328.32 328.32 209402 AS-002 1 LEXMARK 4227 PRINTER 2,519.79 48.72 47.26 1/1/2010 1/1/2010 12/31/2014 438.48 425.34 567.12 567.12 209411 AS-002 1 APC SMARTUPS US8 SERVER 300.15 5.80 5.63 1/1/2010 1/1/2010 12/31/2014 52.20 50.67 67.56 67.56 209429 AS-002 1 LEXMARK MF LASERPRINTER 4,992.40 96.52 93.64 1/1/2010 1/1/2010 12/31/2014 868.68 842.76 1,123.68 1,123.68 209437 AS-002 1 SILEX 4 PORT USB DEVICE/CABLES 493.00 9.53 9.25 1/1/2010 1/1/2010 12/31/2014 85.77 83.25 111.00 111.00 209445 AS-002 1 ADDONICS POCKET USB ADAPTOR 120.06 2.32 2.25 1/1/2010 1/1/2010 12/31/2014 20.88 20.25 27,00 27.00 209453 AS-002 1 LEXMARK T654DTN LASERPRINTER 2,361.12 45.64 44.291/1/2010 1/1/2010 12/31/2014 410.76 398.61 531.48 531.48 209461 AS-002 1 SOURCE TECH SECURE MICR PRINTR 882.69 17,06 16.56 1/1/2010 1/1/2010 12/31/2014 153.54 149.04 198.72 198.72 209470 AS-002 1 CISCO CATALYST 2960 883.36 17.08 16.57 1/1/2010 1/1/2010 12/31/2014 153.72 149.13 198.84 198.84 211668 AS-004 100 32GAL TOTERS,DARK COOL GRAY 3,490.00 67.00 65.46 2/1/2010 2/1/2010 1/31/2015 536.00 523.68 785.52 785.52 216127 1103-005 100 64GAL EVR TOTERS,H.BLUE 4,451.00 86.00 83.49 4/1/2010 4/1/2010 3/31/2015 516.00 500.94 1,001.88 1,001.88 217664 1103-006 200 18GAL CURBSIDE BINS,GREY 1,965.00 38.00 36.86 4/1/2010 4/1/2010 3/31/2015 228.00 221.16 442.32 442.32 229163 1103-008 100 64GAL EVR TOTERS,H.BLUE 4,111.67 80.00 77.12 7/1/2010 7/1/2010 6/30/2015 240.00 231.36 925.44 925.44 229171 1103-008 100 96GAL EVR TOTERS,GRAY 4,611.66 89.00 86.50 7/1/2010 7/1/2010 6/30/2015 267.00 259.50 1,038.00 1,038.00 229180 1103-008 100 96GAL EVR TOTERS,GREEN 4,611.66 89.00 86.50 7/1/2010 7/1/2010 6/30/2015 267.00 259.50 1,038.00 1,038.00 233584 1103-010 200 LEGAL RECYCLE BINS,GREY 1,965.00 38.00 36.86 8/1/2010 8/1/2010 7/31/2015 76.00 73.72 442.32 442.32 218122 100 64GAL EVR TOTERS,GRAY 4,500.86 87.00 84.42 4/1/2010 4/1/2010 3/31/2015 522.00 506.52 1,013.04 1,013.04 Total on hand 9/30/2010 343,668.94 25,745.79 25,693.38 77,561.76 77,561.76 FY2O11 Additions 167370 08095 1104-005 1 HYSTER H60FT FORKLIFT 34,140.88 527.68 712.86 6/1/2007 6/1/2007 12/31/2010 2,138.58 0.00 49947 10192 1103-015 1 00 VOLVO XPEOITOR CHASSIS 20,138.57 389.27 377.74 7/1/2000 12/1/2010 11/30/2015 3,777.40 4,532.88 51983 10192 1103-015 1 18YD BETA LEACH BODY 12,914.41 249.63 242.23 9/1/2000 12/1/2010 11/30/2015 2,422.30 2,906.76 182254 10192 1103-015 1 CRTdm CATALYST FILTER SYSTEM 8,762.50 121.55 171.45 6/1/2008 6/1/2008 5/31/2015 2,057.40 2,057.40 210761 10256 1103-021 1 07 PETERBILT RL W/SPLIT BODY 209,040.00 3,053.86 3,920.94 2/9/2010 1/1/2011 4/30/2011 15,683.76 0.00 272305 10256 1103-021 1 DMV USE TAX 8,788.00 169.90 164.84 4/1/2011 4/1/2011 4/30/2011 339.80 0.00 131131 12187 1103-018 1 02 FREIGHTLINER W/AMREP BODY 13,400.00 259.01 251.34 4/1/2006 1/1/2011 12/31/2015 2,262.06 3,016.08 66974 14150 1103-024 1 02 FREIGHTLINER FL60 11,164.40 213.82 209.41 9/1/2001 3/1/2011 2/29/2016 1,465.87 2,512.92 Ashland Leases(revised)-Ashland Leases 6 1129/2011 12:49 PM Exhibit 2 Recology Ashland Sanitary Service Lease Equipment 7�,, �Blllln �, �9 �9 x,Blllio I Acr--s-SIP ADatel, Expense?.;: Rate " ' Item Unit Lease ;P A 5ulsluon 'RS �. # , ; Agate . Start End 3/1/2009 FY 2010. FRate FY 2012 Number Number, Number Quantity Description i' Cost a `- Acquired Date 1 09 FREIGHTLINER SOYD SIDE LOAD 21,100.00 Ezpense�Rate:Expense, RVProjetted ate Expense 68494 14150 1103-024 1 HEIL IOYD SIDE LOADER BODY 7,373.00 142.54 138.29 10/1/2001 3/1/2011 2/29/2016 968.03 1,659.48 195362 14150 1103.024 1 HORIZON MUFFLER SYSTEM 15,432.75 204.28 289.47 3/1/2009 3/1/2009 2/29/2016 3,473.64 3,473.64 223861 14433 1103-026 1 09 FREIGHTLINER SOYD SIDE LOAD 21,100.00 407.92 395.77 6/8/2010 4/1/2011 3/31/2016 2,374.62 4,749.24 223870 14434 1103.026 1 09 FREIGHTLINER IOYD SIDE LOAD 21,100.00 407.92 395.77 6/8/2010 4/1/2011 3/31/2016 2,374.62 4,749.24 42032 20051 1104-004 1 CATERPILLAR 92BG WHEEL LOADER 23,045.40 445.46 432.26 11/1/1999 12/1/2010 12/31/2010 4,322.60 0.00 52134 20055 1104-004 1 CAT 963 TRACK LOADER 15,044.75 290.85 282.19 9/1/2000 12/1/2010 12/31/2010 2,821.90 0.00 242536 20055 1104-004 1 CAT 963 LOADER REPAIR 13,326.17 257.63 249.96 11/1/2010 11/1/2010 12/31/2010 2,749.56 0.00 244831 1103-016 100 64GAL EVR TOTERS,H.BLUE 4,515.00 87.00 84.69 12/1/2010 12/1/2010 11/30/2015 846.90 1,016.28 265893 1103-020 200 18GAL CURBSIDE BINS 2,200.52 42.00 41.27 1/1/2011 1/1/2011 12/31/2015 371.43 495.24 265922 1103-020 100 32GAL TOTERS,DARK COOL GRAY 3,528.50 68.00 66.18 1/1/2011 1/1/2011 12/31/2015 595.62 794.16 265931 1103-020 200 64GAL EVR TOTERS,H.BLUE 8,007.00 156.00 150.19 1/1/2011 1/1/2011 12/31/2015 1,351.71 1,802.28 265949 1103-020 100 96GAL EVR TOTERS,GREEN 4,503.50 87.00 84.47 1/1/2011 1/1/2011 12/31/2015 760.23 1,013.64 268568 1103-023 3 40YD DEBRIS BOXES 21,645.00 418.47 405.99 3/1/2011 3/1/2011 2/29/2016 2,841.93 4,871.88 268576 1103-023 3 40YD DEBRIS BOXES 21,645.00 418.47 405.99 3/1/2011 3/1/2011 2/29/2016 2,841.93 4,871.88 271468 1103-025 10 2YD R/L CONTAINERS 5,650.00 109.30 105.98 4/1/2011 4/1/2011 3/31/2016 635.88 1,271.76 272532 1103-027 200 96GAL EVR TOTERS,GREEN 9,058.00. 174.00 169.90 4/1/2011 4/1/2011 3/31/2016 1,019.40 2,038.80 272541 1103-027 200 32GAL TOTERS,DARK COOL GRAY 7,108.00 136.00 133.32 4/1/2011 4/1/2011 3/31/2021 799.92 1,599.84 236451 1103-010 100 32GAL TOTERS,DARK COOL GRAY 3,665.00 71.60 68.74 9/1/2010 9/1/2010 8/31/2015 824.88 824.88 Total FY2011 Additions 526,296.35 0.00 0.00 62,121.97 50,258.28 FY2012 Additions 1,000 Carts-96 gal Heavy Duty 47,000.00 $908.64 881.57 10/1/2011 9/30/2016 0.00 10,578.84 800 Carts-64 gal Heavy Duty 32,800.00 5634.12 615.23 12/1/2011 11/30/2016 0.00 6,152.30 600 Curbside Bins-IS gallon 4,800.00 $92.80 90.03 12/1/2011 11/30/2016 0.00 900.30 600 Carts-32 gal Heavy Duty 21,600.00 $417.59 . 405.15 12/1/2011 11/30/2016 0.00 4,051.50 16 Monitor Cameras,Intec 44,800.00 $866.11 840.31 10/1/2011 9/30/2016 0.00 10,083.72 0.00 0.00 Total FY2012 Additions 151,000.00 0.00 0.00 0.00 31,766.66 Total 1,020,965.29 25,745.79 25,693.38 139,683.73 159,586.70 Ashland Leases(revised)-Ashland Leases - 7 11/29/2011 12:49 PM 204302 14402 1 08 INTL 12YD SIDE LOAI 232531 1 VOICE&DATA CABLING Exhibit 3 Recology Ashland Disposal Depreciation 10/15/2009 10/15/2009 72 90,000.00 14,993.15 75,006.85 14,993.15 15,000.00 15,000.00 8/1/2010 2/1/2010 120 9,873.00 654.23 9,218.77 654.23 987.30 987.30 99,873.00 15,647.38 84,225.62 15,647.38 15,987.30 15,987.30 Ashland Depreciation•Ashland Depreciation B 7/12/2011 2:29 PM RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Financial Statements As of and for the period ended September 30, 2010 (With Independent Accountant's Review Report Thereon) NAGEL & PA D I L LA LLC as wauc nso MM uro��MKS Independent Accountant's Review Report May 16', 2011 To the Board of Directors of Recology Ashland Sanitary Service We have reviewed the accompanying balance sheet of Recology Ashland Sanitary Service (the Company) as of September 30, 2010, and the related statements of operations and stockholder's investment and cash flows for the period from October 15, 2009 (inception) through September 30, 2010, in accordance with statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. All information included in these financial statements is the representation of management. A review consists principally of inquiries of company personnel and analytical procedures applied to financial data. It is substantially less in scope than an audit in accordance with generally accepted auditing standards, the objective of which is the expression of an opinion regarding the financial statements taken as a whole. Accordingly we do not express such an opinion. Management Is responsible for the preparation and fair presentation of the financial statements In accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the review In accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. Those standards require us to perform procedures to obtain limited assurance that there are no material modifications that should be made to the financial statements. 4 Based on our review, we are not aware of any material modifications that should be made to the accompanying financial statements in order for them to be In conformity with generally accepted accounting principles in the United States of America. PS�,� C PA Julie Pa a, CPA Nagel & Padilla, LLC Certified Public Accountants and Business Advisors 290 N Main St,Suite 8 1 Ashland,OR 97520 10:541.488.1551 1 F:541.488.1552 1 www.nagelpadilia.com RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Balance Sheet September 30, 2010 Assets Current assets: Cash $ 20,969 Accounts receivable, net of allowance for doubtful accounts of$48,977 in 2010 667,694 Parts and supplies 4,439 Prepaid expenses 6,716 Total current assets 699,818 Property and equipment: Buildings and Improvements 9,873 Vehicles, containers, and operating equipment 1,418,000 1,427,873 Less accumulated depreciation (237,601) Property and equipment, net 1,190,272 Other assets: Franchises 3,200,000 Goodwill 1,190,549 Total assets $ 6,280,639 Liabilities and Stockholder's Investment Current liabilities: Accounts payable $ 47,169 Accrued liabilities: Payroll and payroll taxes 57,898 Vacation and sick leave 24,543 Franchise fees 23,610 Other 2,121 Deposit on green carts 98,554 Deferred revenues 459,408 Total current liabilities 713,303 Commitments and contingencies Stockholder's investment, net 5,567,336 Total liabilities and stockholder's Investment $ 6,280,639 See accompanying notes to financial statements and independent accountant's review report 1 RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidlary of Recology Inc.) Statement of Operations and Stockholder's Investment October 15, 2009 (inception) through September 30, 2010 Revenues: Refuse collection $ 3,738,233 Recycling and other revenue- 74,407 Total operating revenues 3,812,640 Expenses: Refuse collection 2,863,197 Recycling 190,360 Truck and garage 384,340 General and administrative 793,859 Total operating expenses 4,231,756 Operating loss (419,116) Finance charge income 3,595 Net loss (415,521) Stockholder's investment, net, beginning of year - Net contributions from.Parent and afflliates 5,982,857 Stockholder's investment, net, end of year $ 5,567,336 See accompanying notes to financial statements and Independent accountant's review report 2 RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Statement of Cash Flows October 15, 2009 (inception) through September 30, 2010 Cash flows from operating activities: Net loss $ (415,521) Adjustments to reconcile net loss to cash used in operating activities: Depreciation 240,655 Loss on sale of equipment 15,946 Provision for bad debts 25,993 Changes in assets and liabilities: Accounts receivable (576,920) Parts and supplies (4,439) Prepaid expenses (6,716) Accounts payable 16,855 Accrued liabilities 18,914 Deposit on green carts 7,157 Deferred revenues 384,408 Net cash used In operating activities (293,668) Cash flows provided by investing activities: Proceeds from Property & Equipment sold/abandoned 1,000 Cash flows provided by financing activities: Net contribution from Parent and affiliates '245,364 Net change in cash (47,304) Cash, at inception 68,273 Cash, end of year $ 20,969 Supplemental disclosure of noncash activities: Additions to property and equipment funded by Parent from acquisition of business - $ 1,447,873 Net other additions funded by Parent from acquisition of business $ (100,929) Additions to franchise and goodwill funded by Parent from acquisition of business $ 4,390,549 See accompanying notes to financial statements and Independent accountant's review report 3 RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Notes to Financial Statements (1) ' Accounting Policies (a) Organization Recology Ashland Sanitary Service (the Company), is a wholly owned subsidiary of Recology Oregon Inc., which is a wholly owned subsidiary of Recology Inc. (the Parent, or Recology), which in turn is wholly owned by the Recology Employee Stock Ownership Plan (the Recology ESOP or the ESOP). (b) Revenue Recognition and Accounts Receivable The Company recognizes revenue on an accrual basis when services are performed. Deferred revenues primarily consist of revenues billed in advance that are recorded as revenue in the period in which the related services are rendered. The majority of the Company's revenue is subject to rate regulation by the municipalities in which it operates. The Company's receivables are recorded when billed and represent claims against third parties that will be settled in cash. The carrying value of the Company's receivables, net of the allowance for doubtful accounts, represents their estimated net realizable value. The Company estimates Its allowance for doubtful accounts based on several factors, Including historical collection trends, type of customer, existing economic conditions and other factors. (c) Parts and Supplies Parts and supplies consist of equipment parts, materials, and supplies that are recorded at average cost and are expensed when utilized. (d) Property and Equipment Property and equipment, including major renewals and betterments, are stated at cost. It is the Company's polity to periodically review the estimated useful lives of Its property and equipment. Depreciation of newly acquired assets Is calculated on a straight-line basis over the estimated useful lives of assets as follows: Estimated useful lives Buildings 20-40 years Leasehold Improvements Shorter of lease or useful life Machinery and equipment 6-8 years Furniture and fixtures 8 years Vehicles 9 years Containers 10 years See accompanying Independent accountants review report 4 RECOLOGY ASHLAND SANITARY.SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Notes to Financial Statements Depreciation expense on the above amounted to $240,655 for the period from October 15, 2009 (inception) through September 30, 2010. The cost of maintenance and repairs is charged to operations as incurred; significant renewals and betterments are capitalized. The Company capitalizes Interest costs for significant projects under development. No interest was capitalized for the period from October 15, 2009 (Inception) through September 30, 2010. (e) Environmental Remedlation Liabilities The Company accrues for environmental remedlation costs when they become probable and based on Its best estimate within a range. If no amount within the range appears to be a better estimate than any other, the low end of such ranges is used. Remediation costs are estimated by environmental remediation professionals based upon site remediation plans they develop and on their experience working with regulatory agencies and the Company's environmental staff and .legal counsel. All estimates require assumptions about future events due to a number of uncertainties, Including the nature and extent of any contamination, the appropriate remedy or remedies, the final apportionment of responsibility among the potentially responsible parties, if any are identified, the financial viability of other potentially responsible parties, and regulatory agency requirements. Actual costs incurred may differ from the Company's initial estimate. These estimates do not take Into account discounts' for the present value of total estimated future costs, as the timing of cash payments is not reliably determinable. The Company regularly evaluates the recorded liabilities when additional information becomes available or regulatory changes occur to ascertain whether the accrued 'amounts are adequate. The Company does not recognize recoverable amounts from other responsible parties or Insurance carriers until receipt is deemed probable. Currently, there are no amounts accrued for remediation costs. (t) Business Combinations The Company adopted Accounting Standards Codification (ASC) 805, Business Combinations. The underlying principles require that we recognize, separately from goodwill, the assets acquired and the liabilities assumed, generally at their acquisition date fair values and that direct transaction costs associated with the business combination are expensed as Incurred. While we use our best estimates and assumptions.as a part of the purchase price allocation process to accurately value assets acquired and liabilities assumed at the acquisition date, our ' estimates are Inherently uncertain and subject to refinement. As a result, during the measurement period, which may be up to one year from the acquisition date, we record adjustments to the assets acquired and liabilities assumed, with the corresponding offset to'goodwill (to the extent that there Is goodwill). Upon the conclusion of the measurement period or final determination of the values of assets acquired or liabilities assumed, whichever comes first, any subsequent See accompanying Independent accountant's review report 5 RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Notes to Financial Statements adjustments are recorded to our statement of operations. The measurement period Is closed for the acquisition as of September 30, 2010. (g) Impairment of Long-Lived Assets The Company's policy Is to review estimated undiscounted future cash flows and other measures of asset value for Its operations when events or changes in circumstances Indicate the carrying value of . an asset may not be fully recoverable. For the period from October 15, 2009 (inception) through September 30, 2010, there were no events or changes in circumstances that Indicated the carrying value of an.asset was not fully recoverable. (h) income Taxes Effective October 1, 1998, the Parent elected to become an S corporation with the.Company electing to be treated as a Qualified Subchapter S corporation subsidiary, Under S corporation rules, the Parents taxable Income and losses are passed through to the ESOP, the Parents sole shareholder, which is exempt from income tax, and the Company is treated as a division of the Parent having no separate Income tax obligations. As of October 15, 2009, the Company recognized income tax positions only if those positions are more likely than not of being sustained. Recognized Income tax positions are measured at the largest amount that has a greater than 50% likelihood of being realized. Changes in recognition or measurement are reflected In the period in which the change In.judgment occurs. The Company's accounting policy for evaluating uncertain tax positions is to accrue estimated benefits or obligations relating to those positions. The Company records interest expense and penalties as an administrative expense. (1) Cash Concentration Account The Company maintains a noninterest bearing checking account. Cash balances (or deficits) are periodically transferred to (or from) the concentration account. (j) Allocations The Company includes allocated charges from the Parent and affiliates In operating and other expenses. The charges are allocated by applying activity appropriate factors to direct and indirect costs of the Parent and affiliates or based upon established fees. (k) Use of Estimates Management of the Company has made a number of estimates and assumptions relating to the reporting of assets and liabilities and the disclosure of contingent assets and liabilities to prepare these financial statements in conformity with See accompanying independent accountant's review report 6 RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Notes to Financial Statements accounting principles generally accepted In the United States of America. The more significant estimates requiring the judgment of management include the valuation of intangible assets and goodwill, valuation of the allowance for accounts receivable, self-insurance reserves, and liabilities for environmental remediation. Actual results could differ from those estimates. (1) Stockholder's Investment The Company has 1,000 shares of common stock authorized and 480 shares of common stock issued and outstanding with no par value as of September 30, 2010. Stockholder's Investment, net is comprised of the legal capital plus cumulative contributions net of distributions. (m) Fair Value of Financial Instruments The carrying amounts reported in the balance sheet of the assets and liabilities which are considered to be financial Instruments (such as receivables) approximate their fair value based upon current market indicators. (2) Operations The Company collects refuse and recyclabies in the City of Ashland,,the City of Talent and unincorporated areas in Jackson County. The Company's refuse collection rates are set by these municipalities. The rate setting process may result in the disallowance of certain costs and/or delays in cost recovery as well as differences in the timing of when revenues and expenses are recognized. (3) Business Combinations On October 15, 2009, the stock of the Company was acquired for $5.6 million by Recology Oregon Inc. and changed Its name from Ashland Sanitary Services to Recology Ashland Sanitary Service. The operations consist of a franchised collection and recycling company serving Ashland, Talent and unincorporated Jackson County. The assets acquired Include a franchise asset, goodwill, vehicles, containers, operation equipment, and other assets. The franchise asset of $3,200,000 was valued based on a discounted cash flow methodology and will not be subject to amortization. It will be analyzed for impairment on an annual basis. The goodwill of approximately $1,190,549 was valued based on the excess of the purchase price over the respective fair value of the assets acquired and liabilities assumed. The vehicles, containers and operation equipment of $1,438,000 were valued based on a third-party appraisal for similar equipment. and other net liabilities of $285,969 were valued based on their estimated fair values. The results of operations from this acquisition are included in the Statement of Operations and Stockholder's Investment from the acquisition date. (4) Commitments and Contingencies The Company, along with the Parent and the Parent's wholly owned subsidiaries has See accompanying independent accountant's review report 7 RECOLOGY ASHLAND SANITARY SERVICE.. . (A Wholly Owned Subsidiary of Recology Inc.) Notes to Financial Statements guaranteed the repayment, on a joint and several basis, of any and all obligations under the Parent's Revolving Credit Agreement. The Company could be required to honor the guarantee upon an Incurred default event, as defined in the Parent's Revolving Credit Agreement. The Parent's Revolving Credit Agreement expires on April 14, 2014. At September 30, 2010, the outstanding principal on the Parent's Revolving Credit Agreement was $37.0 million and there were standby letters of credit Issued for $157.8 million. The Parent believes it is in compliance with all covenants of the Revolving Credit Agreement. The Parent and Its subsidiaries, including the Company, are subject to various laws and regulations relating to the protection of the environment. It is not possible to quantify with certainty the potential impact of actions regarding environmental matters, particularly any future remedlatlon, and other compliance efforts. The Parent has environmental impairment liability Insurance, which covers the sudden or gradual onset of environmental damage to third parties, on all owned and operated facilities. In the opinion of management, compliance with present environmental protection laws will not have a material adverse effect on the results of operations of the Company provided costs are substantially covered in the Company's rates on a timely basis. The Company and the Parent are involved In various legal actions arising In the normal course of business. It is the Company's opinion that these matters are adequately provided for or that the resolution of such matters will not have a material adverse Impact on the financial position or results of operations of the Company or the Parent. (5) Equipment and Property Obligations The Company has cancelable agreements with an affiliate whereby it pays for use of certain operating equipment. In addition, the Company leases its operating facility from an unrelated party for a minimum annual rental of$54,384. Future payments for continued use of the equipment and property, by year-end and in aggregate, as of September 30,2010 are as follows: Year ending September 30: 2011 $ 77,812 2012 77,812 2013 77,812 2014 74,926 2015 46,468 Thereafter — Total payments $ 354,830 Rental expense for the period from October 15, 2009 (Inception) through September 30, 2010 was $58,628 including amounts under short-term rental agreements with third parties and affiliates. See accompanying independent accountant's review report 8 RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Notes to Financial Statements Under the terms of the equipment lease agreement with an affiliate, and in accordance with existing rate policies, the Company may continue to use certain equipment under operating leases without a related payment once the equipment cost and related interest havebeen funded, (6) Transactions with Related Parties During the period from October 15, 2009 (inception) through September 30, 2010, operating and other expenses of the Company included allocated charges from the Parent and affiliates. Such charges are based upon the direct and indirect costs of the Parent and affiliates, or established fees, and allocated based on specific activities. The allocated charges are as follows: Transactions with Related Parties 2010 Parent: Health Insurance $ 356,299 Workers' compensation 55,136 401(k) employer portion 18,161 General and vehicle insurance 34,079 463,675 Affiliates: Rental of equipment 25,746 Disposal costs 1,050,916 Regional management and accounting fees 207,429 1,284,091 Total $ 1,747,766 During the period from October 15, 2009 (inception) through September 30, 2010, amounts due from or payable to 'Parent and affiliates were accumulated by the Company during the year, and at year-end, the net amount is settled by way of capital contributions or distributions. Changes in amounts due from or payable to Parent or affiliates are presented as a financing activity in the statement of cash flows, except as related to expenditures attributable to property and equipment. See accompanying independent accountant's review report 9 RECOLOGY ASHLAND SANITARY SERVICE (A Wholly Owned Subsidiary of Recology Inc.) Notes to Financial Statements (7) Subsequent Events The Company has evaluated Its subsequent events through May i6, 2011, which is the date the financial statements were available for issuance. As a result of this evaluation, we are not aware of any material modifications that should be made to these financial statements for them to be In conformity with generally accepted accounting principles. See accompanying Independent accountants review report 10 Recology. WASTE ZERO I September 30,2011 Lee Tuneburg Finance Director 20 East Main Street Ashland,Oregon 97520 Dear Mr.Tuneburg, Below are responses to the issues in your August 29, 2011 memo to Martha Bennett: 1. The increase is to be effective October 1 and going forward based upon projected costs with significant estimates, new costs and escalation factors that contribute to the large increase. No revenue growth is anticipated due to a flat economy but a 3%inflation factor(CPI) is used on many projected costs. The effective date of October 1 was used to coincide with the beginning of our fiscal year that runs from October 1 through September 30. Since the acquisition of Ashland Sanitary Service, Recology has been experiencing a decline in business,while costs for fuel,parts,and service needed for our operation have been climbing. We held projected revenues flat assuming we will be able to retain the business at current levels in spite of the significance of the rate increase. For most line items of expense, we used a CPI inflation factor of 3%to estimate our 2012 expenses. We have made adjustments for expense Items where we anticipate a significant increase or decrease in cost compared to normal CPI trends. 2. The financing rate used on leased equipment is 5.3%,paid to the Recology leasing department and seems out of line. The lease rote is set for each piece of equipment by the leasing department. 5.3%was the average rate used for the equipment that was in place as of April 2011. For the 2012 budget, corporate was anticipating a rate of 6%would be charged for leases. More recently our bank interest rote declined and Corporate now anticipates using a rate of 5%for 2012. We discussed your question with our corporate controller. He Indicated that our bank borrowing rate fluctuates with the LIBOR rotes and tends to be 1.25%to 2%above the prime interest rate which is currently 3.25%. As a compromise, we have adjusted the lease schedule to reflect a lease rate of prime plus 1.5%as of the date of acquisition which lowered the lease projection for 2012 by$965• Carrying this adjustment through to the rate application did not lower the rate increase percentage needed. The revised lease schedule is attached along with an Excel file which shows the calculations. 1 Town Square Place • Vacaville, California 95688 • Phone 707-448-2945 3. Lease vehicle charges in lieu of depreciation makes sense however we have little basis to question the billing rate for appropriateness. One approach would be to use the federal equipment rental rates(without driver since wages and benefits are already included)but that will take some time to ensure comparability. The federal equipment rental rotes are primarily used for construction work. Typically, construction equipment is utilized part time versus full time 8 hours per day 5 days per week for our trucks. In addition,most of the trucks we run are specific to our industry and may not be found on a federal equipment schedule. It is doubtful that a federal equipment rate would provide comparable data. 4. The calculation of the Rate expense(billing costs)for equipment raises a question. We need them to "show"the math. For example: item 14215,03 LODAL 30 YD SPLIT EVO S/L cost $42,959.46(used)and was put in service 9/1/10 with an end date of 8/31/2015. Sixty months at $830.39 is$49,823.40. Only$830.39 was expensed for FY 2010. It is now expensed in the schedule at$9,964.68,per year for fiscal years 2011, 2012,2013, 2014 for a total of$39,858.72. One would think there are 11 more months at$830.39 for FY2015 equaling$9,134.29. The sum of$830.39 plus$39,858.72 plus$9,134.29 is$49,823.4 or$6,863.94 over the acquisition price. Your analysis is correct the total lease expense would be$49,823.40 for 60 months. The additional$6,863.94 represents the interest factor which for this asset is approximately 6%. 5. The cost for Admin Services, paid to Recology Corporate offices(think central service fees), increased $191,769 of over 61%in one year. The report says that the first year cost was absorbed by corporate. The costs are not detailed for analysis of what is being charged and for appropriateness. Detail was provided in our meeting on September 22 which listed all the expenses included in general and administrative. We also provided detail concerning the corporate allocations. A copy of this detail is included with this response as well. Most of the expenses listed in general and administrative are expenses directly incurred by the division. Corporate services are an allocation from corporate for the services it provides to the division. Below is the list of corporate allocations including a description of the services that are provided and the methodology used to allocate costs: Corporate Administration The Corporate Administration Department includes payroll and related costs for corporate executives and administrative support. It also includes costs for Board of Directors and outside counsel. Its functions include general management and corporate governance. Costs are allocated based on adjusted revenue for each subsidiary as a percentage of total allocable revenue. 2 Environment and Planning The Environment and Planning Department includes payroll and related cost for corporate compliance staff,professional services related to program development and review and support for compliance systems. The department supports local operations staff with respect to regulatory compliance(storm water control, e-waste, etc)and provides training and oversight for environmental issues. Costs are allocated based on adjusted revenue for each subsidiary as a percentage of total allocable revenue. Sustainabilitv The Sustainability Department includes payroll and related cost for executive and support staff. The department supports sustainability activities seeking the best technology to promote reusing materials at a level that is their best and highest use and to achieve the highest carbon footprint reduction. Costs are allocated based on adjusted revenue for each subsidiary as a percentage of total allocable revenue. Finance The Finance Department includes payroll and related costs for the corporate accounting and finance department. Functions include treasury management accounting,rate setting oversight,internal audit and accounting policy development and system support. Costs are allocated based on adjusted revenue for each subsidiary as a percentage of total allocable revenue. Human Resources The Human Resources Department includes payroll and related costs for corporate human resource personnel and professional service support for benefit plan administration. Functions include union contract negotiation support, development and compliance monitoring of human resource policies and procedures,salary administration and general human resource functions. Costs are allocated based on headcount for each subsidiary as a percentage of total allocable headcount. Information Technoloay The Information Technology Department includes payroll and related costs for computer programmers,operators, trainers and support staff. It also includes contract programmers and outside consultants,equipment costs and software license fees. The department maintains all computer and telephone systems and provides software maintenance and development and integration of third party software. Costs are allocated based on a set of weighted measures intended to approximate usage,including the relative number of payroll and accounts payable checks(25%each)for each subsidiary,along with the number of accounts receivable customers(50%)for each subsidiary. 3 6. The same hold true for Recology going"self insured"and the cost tripling. The Company is insured for a variety of risks through a comprehensive insurance program developed for all Recology companies. The insurance program Is designed to cover typical business risks,including auto liability,property damage,pollution remediation and other risks. Insurance costs are allocated to program participants based on a combination of direct cost application and allocation of pooled costs. The allocations are designed and intended to allow for companies to enjoy the benefits of favorable claims experience while mitigating the risk of large losses by spreading risks through premium cost allocation. For 2010 the corporate office absorbed part of the allocation of insurance expenses. For 2011 and 2012 expenses are set based on the full allocation of costs. The allocations are done with a series of measures intended to approximate the risk of each entity,including revenues, payroll, vehicles,insured value of property(to represent exposure)as well as claims(to represent loss experience). Each type of insurance coverage is allocated on a mix of measures that best reflects the type of risk covered(i.e.insured property values are used to allocate property insurance premiums). In addition to the above issues,you mention in your memo and we discussed in the meeting the Operating Ratio(OR) used to determine the rate increase percentage requested. This method is designed to produce a specific margin on operating expenses with no margin applied to pass-through expenses. In our rate application,we used a 90%OR which is common in the industry. We have done a little research and found that Rogue Disposal has six franchise agreements all using a 90%operating ratio. Our contract with Jackson County also uses a 90%operating ratio. In addition,there are three Northern California jurisdictions in our group that use a 90%operating ratio. As we mentioned in the meeting,due to the difference in expense categories and accounting methods, it is difficult to make direct comparisons of cost between the old Ashland Sanitary expenses and Recology expenses. We understand that this could provide more support for our rate case. During the next couple of weeks,we are working to provide expense comparison information for the major lines of expense. We will also address Ann's request to model a different increase between residential and commercial customers and to spread the increase over three years. If you have any questions,you can contact me by phone at(707)445-1018 or e-mail at tno rri 5(a)reco logy.com. Sincerely, Tom Norris Regional Financial Manager Cc: Martha Bennett Ann Seltzer Steve DiFabion Bruce Gondry 4 Ed Farewell 5 ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE FOR THE COLLECTION OF SOLID WASTE, REFUSE AND MEDICAL WASTE WITHIN THE CITY OF ASHLAND, JACKSON COUNTY, OREGON TO ASHLAND SANITARY SERVICE, INC. FOR THE PERIOD FROM APRIL 1, 1990, TO MARCH 31, 2005; REGULATING THE DISPOSITION OF SOLID WASTE IN SAID CITY; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; REPEALING ORDINANCE NO. 2069 AND ANY AMENDMENTS THERETO; AND DECLARING AN EMERGENCY. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. That there is hereby granted to Ashland Sanitary Service, Inc. the exclusive right, franchise and privilege of collecting, gathering and hauling over the streets of the City of Ashland, Jackson County, Oregon, all solid waste, refuse and medical waste accumulating in said City, with the right to exact charges and collect from persons, firms or corporations served as specifically hereinafter set forth, for the period from April 1, 1990, to March 31, 2005. SECTION 2. That the term "solid waste" as used herein shall be construed to mean every refuse accumulation of animal, fruit or vegetable matter, liquid or otherwise, ashes, tin cans, bottles, glass, medical waste, and discarded articles of similar matter. SECTION 3. That it is hereby made the duty of every person, firm or corporation within the limits of the City of Ashland to cause their solid waste accumulation to be removed through the year within the times specified as follows: (1) Residences and apartments - once every seven (7) days. (2) Hotels, restaurants, boarding houses, meat markets, grocery stores and other places where meats, fruits and vegetables are kept, sold or offered for sale, or where cooking is done for the public - twice every seven (7) days. (3) Medical facilities - within seventy-two (72) hours of disposal. (4) All other places - once every seven (7) days. SECTION 4. That every person, firm or corporation having garbage or radical waste for disposition, shall place all such matter in containers which shall be water-tight and fly-proof, and be placed in a location convenient for the collectors. SECTION 5. That it shall be unlawful for. any other person, firm or corporation, excepting citizens hauling their own solid waste, and excepting the City of Ashland when the same is functioning in a governmental capacity hauling its own solid waste or refuse, to collect, gather and/or haul solid waste or refuse over the streets of the City of Ashland, Jackson County, Oregon, during the term of this franchise. SECTION 6. That all vehicles used by the said Ashland Sanitary Service, Inc. in the transportation of solid waste through the streets of the City of Ashland shall be so constructed and equipped so as to be water-tight and fly-proof, and which comply with all state laws and rules, regulations and requirements of the State of Oregon. SECTION 7. Any person, firm or corporation, whether as principal agent, employee or otherwise, violating or causing the violation of any of the provisions of this Ordinance, shall have committed an infraction, and upon conviction thereof is punishable as prescribed in section 1.08.020 of the Ashland Municipal Code. Such a person, firm or corporation is guilty of a separate violation for each and every day during any portion of which any violation of this Ordinance is committed or continued by such person, firm or corporation. SECTION 8. The fees to be charged and collected, both as to residential and commercial customers, shall be in the amounts as hereafter approved by resolution of the City Council and which have been requested by Ashland Sanitary Service, Inc. SECTION 9. Ashland Sanitary Service, Inc. shall have the right each year to present to the City Council a petition for an increase in rates based . upon an increase in the cost of rendering solid waste disposal services to the citizens of the City of Ashland. The' same right shall exist where the regulations are changed concerning the operation of the landfill so as to cause an increase in capital outlay or operational expense of Ashland Sanitary Service, Inc. , and this petition may be made at any time. In the event the parties cannot agree on the amount of a rate increase, if any, the matter shall be submitted to a board of arbitrators, one being selected by each party and a third by the first two arbitrators. The decision of the majority of the board shall be final and binding on the parties. The arbitrators shall be experienced people familiar with standard business practices. The third arbitrator shall be a Certified Public Accountant certified to audit municipal accounts. The arbitrators shall not be residents of the area served by Ashland Sanitary Service, Inc. In the event costs should decrease, the City Council shall have the same right to request a decrease in rates under the foregoing procedure. SECTION 10. In consideration for the granting. of this exclusive franchise, franchise holders shall pay to the City of Ashland for and as a franchise fee, the sum of five percent (5%) of the franchise holder's gross receipts from revenues received for the services rendered to customers situated within the corporate limits of the City of Ashland. Said payments shall be made monthly, no later than the 20th day of the month following the month of service upon which the charge is predicated. Said payment shall be accompanied by a statement, subscribed to by an authorized representative of franchise holder, certifying the gross revenue. The City of Ashland reserves the right to perform such audits as it may from time to time desire for the sole purpose of ascertaining the accuracy and propriety of revenue representations. Said audits shall be done at reasonable times, and at the cost of the City of Ashland. SECTION 11. Ashland Sanitary Service, Inc. shall indemnify, defend and hold harmless the City of Ashland, its officials and employees, from any claim arising from the performance of the service provided under the terms of this franchise; and further, shall maintain comprehensive general liability insurance in amounts not less than the statutory limits of tort liability of Oregon Municipalities as set forth in ORS 30.270, and shall provide certificates of said insurance to the City Finance Director. SECTION 12 . The City reserves the right to grant franchises for collecting goods for recycling to other individuals, firms or corporations. If the City Council determines that it wishes to grant a franchise for such service, it shall first submit any proposal to Ashland Sanitary Service, Inc. which shall have the first right of refusal of said franchise. SECTION 13. That in the event the said Ashland Sanitary Service, Inc. shall violate any of the agreements by it to be performed hereunder, then and in that event the City Council, upon giving the franchise holder and surety company thirty (30) days written notice of an alleged violation, in order that said franchise holder or surety may have an opportunity to explain or refute the same, may terminate this franchise and all rights of the franchise holders shall cease and its bond in the sum of Twenty-five Thousand Dollars ($25,000. 00) shall be forfeited. The franchise holder is required to provide to the City of Ashland a bond in the sum of $25, 000. 00 securing its faithful performance of this franchise renewable annually, and a certificate of continuance filed with the City. SECTION 14 . That Ordinance No. 2069 as amended and all other ordinances in conflict herewith are hereby repealed. SECTION 15. The franchise holder agrees that its rights hereunder may not be assigned, sold, pledged or given in any manner to a third party, nor may any stock of the franchise holder corporation be sold, pledged or assigned in any manner without the consent of the City of Ashland first having been received, which consent shall not be unreasonably withheld. In the event there is a dispute as to any sale or transfer under this provision, then the matter shall be settled in the manner as provided for arbitration in Section 9 hereof. SECTION 16. That inasmuch as the current franchise ordinance expired on April 1, 1990, the public interest requires that an emergency be declared, and this ordinance shall be effective upon its second reading and approval by the Mayor. The foregoing Ordinance was first read at a regular meeting of the City L/- Council on the 1i day of June, 1990, and DULY PASSED and ADOPTED this day of ,��.c c'_ 1990. Nan E. Franklin City Recorder SIGNED and APPROVED this day of 1990. C Catherine M. Golden Mayor ORDINANCE NO. goy AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE 2582 TO EXTEND THE FRANCHISE TERM FOR ASHLAND SANITARY SERVICE TO THE YEAR 2018. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Section one of ordinance 2582 adopted on June 19, 1990, is amended to read: That there is hereby granted to Ashland Sanitary Service, Inc., the exclusive right, franchise, and privilege of collecting, gathering, and hauling over the streets of the City of Ashland, Jackson County, Oregon, all solid waste, refuse, and medical waste accumulating in said city, with the right to exact charges and collect from persons, firms, or corporations served as specifically hereinafter set forth, for the period from April 1, 1990, to March 31, 2018. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the /$C-4 day of A'vq v5 f 1998, s r and duly PASSED and ADOPTED this day of 1998. .,C �. Se w Derek D. Severson, Acting City Recorder SIGNED and APPROVED this day of SAP b�✓ 1998. �Cr.uy`---��oes'/�✓ Catherine M. Shaw, Mayor Re 'ewed as to form: Paul Nolte, City Attorney Page 1 -SANITARY FRANCHISE ORDINANCE GOAUUOROwshland Sanitary Franchise orawpd RECYCLING CENTER LEASE Date: January 1, 1996 Lessor: City of Ashland, 20 East Main Street, Ashland, Oregon ("City") Lessee: Ashland Sanitary Service, Inc. ("Lessee") Recitals: A. Lessee has been granted a franchise by City for the collection of solid waste. As a part of its franchise, Lessee also operates recycling programs for city residents. B. Lessee is currently using the premises owned by City and described'below for a recycling center.The use by Lessee has never been formalized between Lessee and City and the parties intend by this lease to formalize their agreement for use of the premises. City and Lessee agree as follows: 1. Description of Premises. City teases to Lessee, and Lessee leases from City, the real property (the "premises") described on Exhibit A attached and Incorporated In this lease by this reference. 2.Term. The premises are leased for a term (the "term") commencing on the date of this lease and expiring at such time as the Lessee is no longer the franchisee for solid waste collection in the City or upon termination as provided section 17. . 3. Recycling Center. 3.1. Lessee has previously constructed or,placed buildings (the "buildings") and related improvements on, under, and over the premises. The buildings and all the related Improvements are referred to In this lease as the "Recycling Center." The Recycling Center and any future alterations, additions, replacements, or modifications to the Recycling Center during the term of this lease are referred to in this lease as the "improvements." 3.2. Lessee shall construct any additional improvements to the Recycling Center in accordance with the final plans and.specifications approved by,Cfty,-which approval shall not be unreasonably Veithheld'or delayed. 4. Rent. No, rent shall be payable with respect to the premises, S. Use. 5.1. Lessee shall use and occupy the premises continuously during the term for the operation of a recycling center to collect material for recycling or reuse authorized PAGE 1-RECYCLING CENTER LEASE under City's or Lessee's recycling programs. The premises may not be used for any other purpose without the written consent of Lessee, which consent shall not be unreasonably withheld. Lessee shall open Its business to the public during the following days and hours: 9:00 a.m. to 5:00 p.m., Wednesday through Sunday or at such other days and hours as the parties may agree. Lessee's business may be dosed on holidays. City shall have the right to approve any signs or displays Lessee may desire to erect on or about the premises that are visible from the exterior of the buildings, in order to ensure that City may control the quality and character of the presentation displayed by Lessee. Such approval may be withhold or revoked If City in good faith believes such display or plan is unsatisfactory or Inappropriate for the development. 5.2. Lessee shall not use or occupy, or permit or suffer all or any part of the premises or the improvements to be used or occupied (1) for any unlawful or illegal business, use, or purpose, (2) in any such manner to constitute a nuisance of any kind, or (3) for any purpose or in any way in violation of the certificate of occupancy, or of any legal requirements, including but not limited to legal requirements respecting hazardous substances. The term hazardous substance means any hazardous, toxic, or dangerous substance, waste, or material that is the subject of environmental protection legal requirements, including but not limited to the items listed in the United States Department of Transportation Hazardous Materials Table (49 CFR §172.101) or designated as hazardous substances by the United States Environmental Protection Agency (40 CFR pt 302). Lessee acknowledges that the term legal requirements includes but is not limited to all environmental protection laws such as the Comprehensive Environmental Response, Compensation and Liability Act (42 USC §6901 at seq.), the Federal Water Pollution Control Act (33 USC §6901 at seq.), the Federal Water Pollution Control Act (33.USC §1257 at seq.), and the Clean Air Act (42 USC §2001 at seq.). 5.3. Lessee shall observe and comply'wfth all Conditions and requirements % necessary to preserve and extend any and all rigjits, licenses, permits (Including but not limited to zoning variances, special exceptions, and nonconforming uses), privileges, franchises, and concessions that now apply to the premises or that have been granted to or contracted for by City or Lessee in connection with any existing or presently contemplated use of the premises or the improvements. 5.4. Lessee shall permit City use of the premises for the purposes of conducting educational classes for citizens regarding city's recycling programs. City's use of the property for this purpose will be at such times and dates as mutually agreed by the parties. 5.5. Nothing contained in this lease shall be construed as providing for the creation of a public way, city street or public forum on the premises. For such purposes the parties agree the premises are to be regarded as a private place and Lessee is under no obligation to allow use of the premises for the circulation of initiative petitions or for any other purpose except as expressly provided for in this lease. PAGE 2-RECYCLING CENTER LEASE io:...n....tw 6. Liens 6.1. Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance on the reversion or other estate of City or on any interest of City in the premises. 6.2. Lessee shall not suffer or permit any liens to attach to the interest of Lessee in all or any part the premises by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to, Lessee or anyone occupying or holding an Interest in all or any part of the Improvements on the premises through or under Lessee. If any such lien shell at any time be filed against the premises, Lessee shall cause the same to be discharged of record within 30 days after the date of filing the same, by either payment, deposit, or bond. 6.3. Nothing in this lease shall be deemed to be,,or be construed in any way as constituting, the consent or request of City, express or implied, by Inference or otherwise, to any person, firm, or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, afterstion, or repair of or to the premises or to the improvements, or as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien.against City's interest in the premises or against City's interest, if any, in the improvements. Lessee Is not intended to be an agent of City for the construction of improvements on the premises. City shall have the right to post and keep posted at all reasonable times on the premises and on the Improvements any notices that City shall be required to post for the protection of City and of the premises and of the Improvements from any such lien. The foregoing shall not be construed to diminish or vitiate any rights of Lessee in this lease to construct, after, or add to the improvements. 7. Taxes; Utilities. 7.1. Property Taxes. Lessee shall pay as due all taxes on its personal property located on the premises. City shall pay as due any real property taxes and special assessments levied against the premises. 7.2. Payment of Utilities Charges. Tenant shall pay when due all charges for services and utilities incurred In connection with the use, occupancy, operation, and maintenance of the premises, including (but not limited to) charges for fuel, water, gas, electricity, sewage disposal, power, refrigeration, air conditioning and telephone. S. Insurance. 8.1. Lessee shall, at its own expense, at all times during the term of this lease, maintain in force a comprehensive general liability policy including coverage for contractual liability for obligations assumed under this agreement, blanket contractual liability, products and completed operations, owner's and contractor's protective PAGE 3-RECYCLING CENTER LEASE insurance and comprehensive automobile liability including owned and non-owned automobiles. The liability under each policy shall be a minimum of$500,000 per occurrence (combined single limit for bodily injury and property damage claims) or $500;000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an "occurrence" not "claims" basis. The City of Ashland, its officers, employees and agents shall be named as additional. insureds. Certificates of insurance acceptable to the City shall be filed with City's Risk Manager prior to the commencement of any services by Contractor under this agreement. These certificates shall contain provision that coverages afforded under the policies can not be canceled and restrictive modifications cannot be made until at least 30 days prior written notice has been given to City. A certificate which states merely that the issuing company "will endeavor to mail" written notice is unacceptable. 8.2. Lessee may, but is not required to, keep the premises insured at Lessee's expense against flood and other risks covered by a standard flood Insurance policy. Lessee shall make available the proceeds of any such insurance first for the restoration of the improvements on the premises. Neither party shall be liable to the other (or to the other's successors or assigns) for any loss or damage caused by any of the risks enumerated in a standard flood insurance policy with an extended coverage endorsement, and in the event of insured loss, neither party's insurance company shall have a subrogatod claim against the other. This waiver shall be valid only if the insurance policy in question expressly permits waiver of subrogation or If the insurance company agrees in writing that such a waiver will not affect coverage under the policies. Each party agrees to use best efforts to obtain such an agreement from its Insurer if the policy does not expressly permit a waiver of subrogation. 9. Compliance with Legal Requirements.. 9.1. Throughout the term, Lessee shall promptly, comply with all legal requirements that may apply to the premises"er to Lthq use or manner of uses of the premises or the improvements or the owners or 4sers of the improvements, whether or not the legal requirements affect the interior or exterior of the improvements, necessitate structural changes or Improvements, or interfere with the use and enjoyment of the premises or the improvements, and whether or not compliance with the legal requirements Is required by reason of any condition, event, or circumstance existing before or after the term commences. Lessee shall pay all costs of compliance with legal requirements, but Lessee shall have the right to Lease occupation or use of, or to demolish or remove, all or any part of the premises or the Improvements in lieu of compliance with any legal requirement that may require expenditures on behalf of Lessee for continued use or occupation of 1he premises. 9.2. Lessee shall have the right, after prior written notice to City, to contest by appropriate legal proceedings, diligently conducted In good faith, in the name of Lessee or City or both, without cost.or expense to City, the validity or application of any legal requirement subject to the following: PAGE 4-RECYCLING CENTER LEASE w:,..n....�..i 92.1. If, by the terms of any legal requirement, compliance may legally be delayed pending the prosecution of any such proceeding without the incurrence of any lien, charge, or liability of any kind against all or any part of the premises or the improvements and without subjecting Lessee or City to any liability, civil or criminal, for failure to comply, Lessee may delay compliance until the final determination of such proceeding; or 9.2.2. If any lien, charge, or civil liability would be Incurred by reason of any such delay, Lessee nevertheless may contest the matter and delay compliance, provided that such delay would not subject City to criminal liability or fine, and Lessee 9.2.2.1. Furnishes to City security, reasonably satisfactory to City, against any loss or injury by reason of such contest or delay, and . 9.2.2.2. Prosecutes the contest with due diligence. 9.3. City shall execute and deliver any appropriate papers that may be necessary or proper,to permit Lessee to contest the validity or application of any legal requirement, provided all the requirements of this section have been satisfied by Lessee-and City will incur no cost. 10. Repairs and Maintenance. 10.1. Except as otherwise specifically provided in this lease, Lessee shall maintain, repair, and replace the premises and the improvements as necessary to keep them in good order, condition, and repair throughout the entire term. Lessee's obligations shall extend to both structural and nonstructural Items and to all maintenance, repair, and replacement work, including but not limited to unforeseen and extraordinary items. 10.2. City shall maintain, repair, and replace the asphalt driveway and the cyclone fence on the promises to keep such In good order, condition, and repair throughout the entire term. 11. Alterations, Additions, and New Improvements. The term modifications means any demolition, improvement, alteration, change, or addition, of, In, or to all or any part of the premises or the Improvements. The term minor modifications shall mean any modifications costing less than $5,000, and the term major modifications shall mean any and all modifications other than minor modifications. Multiple modifications occurring within a period of 365 days shall be deemed a single modification for the purposes of'applying the provisions contained in this section. At any time during the term and at Lessee's own cost and expense, Lessee may make or permit to be made any minor modifications, provided there is no existing and unremedied default on the part of Lessee, of which Lessee has received notice of default, under any of the terms, covenants, and conditions of this lease. Major modifications shall require the prior consent of the City. All salvage material in connection with any modification that Lessee is permitted to make shall belong to Lessee. PAGE 5-RECYCLING CENTER LEASE in:reaRm.i.a l 12. Title to improvements. Title to improvements shall be and remain in Lessee until the expiration of the term, unless this lease is terminated sooner as provided. Upon such expiration or sooner termination, the parties shall mutually determine the disposition of the improvements and the value to be paid by City If the Improvements remain on the premises. During the term, Lessee shall be entitled for all taxation purposes to claim cost recovery deductions and the like on the Improvements. 13. No Waste. Lessee shall not do or suffer any waste or damage, disfigurement, or Injury to the premises or the improvements. Demolition of all or any part of the improvements done in accordance with the requirements of section 11 shall not be considered prohibited by the terms of this section. 14. Inspection and Access. 14.1. Lessee shall permit City or its authorized representative to enter the premises and the improvements at all reasonable times during usual business hours for the purposes of Inspecting the same and making any repairs or performing any work that Lessee has neglected or refused to make in accordance with the terms, covenants, and conditions of this lease. Nothing in this lease shall imply any duty or obligation on the part of City to downy such work or to make any Improvements of any kind whatsoever to the premises,(including, but not limited to, repairs and other restoration work made necessary due to any fire, other casualty, or partial condemnation, irrespective of the sufficiency or availability of any fire or other insurance proceeds, or any award in condemnation;which may be payable). The performance of any work by City shall not constitute a waiver of Lessee's default in failing to perform the same. 14.2. During the progress of any work on the premises or the Improvements performed by City pursuant to the provisions in this section, City may keep and store on the premises all necessary materials, tooisesupplies, and equipment. City shall not j be liable for inconvenience, annoyance, disturbance, loss of business, or other damage of Lessee or any user by reason of making such repairs or performing any such work, or on account of bringing materials, tools, supplies, and equipment onto the premises or into the improvements during the course of the work and the obligations of Lessee under this lease shall not be affected by the work. 14.3. City shall have the right to enter on the premises and the improvements at all reasonable times during usual business hours for the purpose of showing the same to prospective purchasers of City's interest and, at any time within two years before the term expires, for the purpose of showing the same to prospective Lessees. 14.4. l=xcept in the event of emergency repairs, all entry to the premises by City shall require at least 24 hours' advance notice to Lessee. In the event of any emergency repairs, City shall use reasonable efforts to give Lessee the earliest possible notice of the same. PAGE 6-RECYCLING CENTER LEASE 15. City's Exculpation and Indemnity. 15.1. Lessee Is and shall be in exclusive control of the premises and of the improvements, and City shall not in any event whatsoever be liable for any injury or damage to any property or to any person happening on, In, or about the premises or the improvements or any injury or damage to the premises or the improvements or to any property, whether belonging to Lessee or to any other person, caused by any fire, breakage, leakage, defect, or bad condition in any part or portion of the premises or' of the improvements, or from steam, gas, electricity, water, rain, or snow that may leak into, issue, or flow from any part of the premises or the improvements from the drains, pipes, or plumbing work of the same, or from the street, subsurface, or any place or quarter, or due to the use, misuse, or abuse of all or any of the improvements or from . any kind of injury that may arise from any other cause whatsoever on the premises or in or on the improvements, Including defects in construction of the improvements, latent or otherwise. 15.2. Lessee agrees to defend, indemnify and save City, Its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation, or other damages resulting from injury to any person (including injury resulting in death;) or damage (including loss or destruction) to property, of whatsoever nature arising out of or incident to the performance of this agreement by Lessee (including but not limited to, Lessee's employees;agents, and others designated by Lessee to perform work or services attendant to this agreement). Lessee shall not be held responsible for damages caused by the negligence of City.. 15.3. During those times City is using the premises as provided in section 5.4, City shall defend, indemnify and'save Lessee, its officers, employees and agents harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages resulting from injury to any person Qncluding injury resulting in death,) or damage (including loss pr destruction) to property, of j whatsoever nature arising but of or incident to City's use of the premises. City shall not be held responsible.for damages caused by the negligence of Lessee, however. 16. Assignment and Subletting. Lessee shall not sell, assign, or in any other manner transfer this lease or any Interest in this lease or the estate of lessee under this lease without the prior consent of City, which consent shall not be unreasonably withheld or delayed. 17. Default; Remedies. 17.1:The occurrence of any one or more of the following events of default constitutes a•breach of this lease by Lessee: 17.1.1. If Lessee, whether by action or inaction, is in default of any of its obligations under this lease and such default continues and is not remedied within 30 days after City has given Lessee a notice specifying the same, or, in the case of a default that can be cured but not within a period of 30 days, if Lessee has not (1) PAGE 7-RECYCLING CENTER LEASE commenced curing such default within such 30-day period; (2) notified City of Lessee's intention to cure the default; or (3) continuously and diligently completed the cure of the default. 17.1.2. During any 12-month period, Lessee shall be entitled to only two notices pursuant to section 17.1.1. 17.2. Upon the occurrence of an event of default, City may exercise any one or more of the remedies set forth in this section or any other remedy available under applicable law or contained in this lease: 17.2.1. City or City's agents and employees may immediately or at any time thereafter reenter the premises either by summary eviction proceedings or by any suitable action or proceeding at law, or by force or otherwise, without being liable to indictment, prosecution, or damages, and may repossess the same, and may remove any person from the premises, to the end that City may have, hold, and enjoy the premises. 17.2.2. City may relet the whole or any part of the premises from time to time, either In the name of City or otherwise, to such Lessees, for such terms ending before, on, or after the expiration date of the lease term, at such rentals and on such other conditions (Including concessions and free rent) as City may determine to be appropriate. To the extent allowed under Oregon law, City shall have:no;obligation to relet all or any part of the premises and shall not be liable for refusal to relet the premises, or, in the event of such reletting, for refusal or failure to collect;any rent due on such reletting; and any action of City shall not operate to relieve Lessee of any liability under this lease or otherwise affect such liability. City at Its option may make such physical changes to the premises as City, in Its sole discretion, considers advisable and necessary in connection with any such reletting or proposed reletting, without relieving Lessee of any liability undef this lease or otherwise affecting Lessee's i liability. 17.3. Whether or not City retakes possession or relets the premises, City has the right to recover its damages, Including without limitation all lost rentals, all legal expenses, all costs incurred by City In restoring the premises or otherwise preparing the premises for reletting, and all costs incurred by City In reletting the premises. 17.4. To the extent permitted under Oregon law, City may sue periodically for damages as they accrue without barring a later action for further damages. City may in one action recover accrued damages plus damages attributable to the remaining lease term equal to the difference between the Rent reserved in this lease for the balance of the lease term after the time of award, and the fair rental value of the premises for the same period, discounted at the time of award at a reasonable rate not to exceed 10% per annum. If City has relet the premises for the period that otherwise would have constituted all or part of the unexpired portion of the term, the amount of rent reserved on such reletting shall be deemed, prima facie, to be the fair PAGE &RECYCLING CENTER LEASE �,,..n...a.� and reasonable rental value for the part or the whole of the premises so relet during the term of the reletting. 17.5. No failure by City to insist on the strict performance of any agreement, term, covenant, or condition of this lease or to exercise any right or remedy consequent upon a breach, and no acceptance of full or partial Rent during the continuance of any such breach, constitutes a waiver of any such breach or of such agreement, term, covenant,,or condition. No agreement, term, covenant, or condition to be performed or complied with by Lessee, and no breach by Lessee, shall be waived, altered, or modified except by a written instrument executed by City. No waiver of any breach shall affect or after this lease, but each and every agreement, term, covenant, and condition of this lease shall continue in full force and effect with respect to any other then-existing or subsequent breach. 17.6. Each right and remedy provided for in this lease shall be cumulative and shall be in addition to every other right or remedy provided for in this lease or now or hereafter existing at law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by City or Lessee of any one or more of the rights or remedies provided for in this lease or now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the simultaneous or later exercise by the party in question of any or all other rights or remedies provided for in this lease or now or hereafter existing at law or in equity or by statute or otherwise. 18. Surrender 18.1. Except as otherwise provided, Lessee, on the last day of the term, shall surrender and deliver up the premises and all improvements to the possession and use of City without fraud or delay, free and clear of all lettings and occupancies other than subleases then terminable at the option of City or subleases to which City shall have specifically consented, and free and clear of all liens and encumbrances other than those,If any, presently existing or created or suffered by City, without any payment or allowance whatever by City on account of any Improvements on the premises. 18.2. when furnished by or at the expense of Lessee or any sublessee, furniture, fixtures, and equipment may be removed by Lessee at or before this lease terminates, provided, however, that the removal will not injure the premises or the improvements or necessitate changes in or repairs to the same. Lessee shall pay or cause to be paid to City the cost of repairing any damage arising from such removal and restoration of the.premises and/or the improvements to their condition before such removal. 18.3. Any personal property of Lessee or any sublessee that shall remain on the premises after the termination of this lease and the removal of Lessee or such sublessee from the premises may, at the option of City, be deemed to have been abandoned by Lessee or such sublessee and may either be retalned'by City as its property or be disposed of, without accountability, In such manner as City may see fit, PAGE 9-RECYCLING CENTER LEASE �o: ••n....a.i or If City gives written notice to Lessee to such effect; such property shall be removed by Lessee at Lessee's sole cost and expense. If this lease terminates early for any reason other than the default of Lessee then, anything to the contrary notwithstanding, Lessee or any sublessee shall have a reasonable time thereafter to remove Its personal property. . 18.4. City shall not be responsible for any loss or damage occurring to any property owned by Lessee or any sublessee, unless caused by City's negligence. 18.5. The provisions of this section shall survive any termination of this lease. 19. No Representations. Lessee acknowledges that it has examined the premises and that no representations as to the condition of the premises have been made by City or any agent or person acting for City (except as expressly provided in.this lease). Before any construction commences on the premises, Lessee shall conduct tests of the subsurface and soil conditions to ascertain the suitability of the premises for the contemplated Recycling Center and shall furnish such fill and take such other steps as may be required before the commencement of construction. City shall have no liability because of, or as a result of, the existence of any subsurface or soil condition, either on the premises or on adjacent land; that might affect Lessee's construction. 20. Costs and Attorney Fees. If either party brings an action to recover any sum due or for any breach and obtains a judgment or decree In its favor; the court may award: to such prevailing party its reasonable costs and reasonable attorney fees, specifically,, including reasonable attorney fees incurred In connection with any appeals (whether or . not taxable as such by law). 21. Entire Agreement. This lease contains the entire agreement between the parties and, except as otherwise provided, can be changed, modified, amended, or terminated only by an instrument in writing executed by the parties. It is mutually f acknowledged and agreed by Lessee and City that there are no verbal agreements, representations,,warranties, or other understandings affecting this lease. Lessee PAGE 10-RECYCUNG CENTER LEASE iP:...n...�..�