RES 221299 - Laserfiche WebLink

City of Pleasanton Article 8. Contractor's Compensation Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 101 June 7, 2022 ARTICLE 8. CONTRACTOR'S COMPENSATION 3626 8.1 Overview 3627 The Contractor’s Compensation for performance of all its obligations under this Agreement shall be Gross 3628 Rate Revenues. Contractor's Compensation provided for in this Article shall be the full, entire, and 3629 complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials 3630 and supplies, Processing and Disposal fees, fees due to City, taxes, insurance, bonds, overhead, 3631 operations, profit and all other things necessary to perform all the services required by this Agreement in 3632 the manner and at the times prescribed. 3633 If Contractor’s actual costs of providing service as described in this Agreement, including fees due to City, 3634 are more than Gross Rate Revenues, Contractor must provide the service in accordance with such 3635 descriptions and shall not be compensated for the difference in actual costs and actual Gross Rate 3636 Revenues. If Contractor’s actual costs are less than the actual Gross Rate Revenues, Contractor shall retain 3637 the difference provided that Contractor has paid City fees pursuant to Article 7. 3638 Under this Agreement, Contractor shall have the right and obligation to charge and collect from 3639 Customers, Rates in Exhibit G that are approved by the City for provision of services to Customers. 3640 The Rates for Rate Period One are based on the Contractor’s Proposal. Contractor’s proposed costs and 3641 operating assumptions for Rate Period One are presented in Exhibit F. Rates for subsequent Rate Periods 3642 Two through Six shall be adjusted annually in accordance with Section 8.2 using an index-based 3643 adjustment method that involves adjustments using various cost indices and adjustments to Disposal and 3644 Processing costs to reflect actual Tonnage. Rates for Rate Period Seven shall be adjusted using a cost-3645 based methodology that involves a review of Contractor’s actual costs and projection of cost for the 3646 coming Rate Period. 3647 8.2 Rate-Setting Process 3648 A. General. The City shall be responsible for approving Rates as described in this Article. If at any time 3649 during the Term of the Agreement, the Contractor determines the need for a Rate that does not 3650 appear on the City-approved Rate schedule in Exhibit G, Contractor shall immediately notify the City 3651 and request establishment of such Rate. For example, if a Customer requires Collection of a fifteen 3652 (15) cubic yard Compactor five (5) times per week and the City-approved Rate schedule does not 3653 include this level of service, the Contractor must request that the City approve a Rate for this level 3654 of service. 3655 B. Rates for Rate Period One. Rates for Rate Period One, which are presented in Exhibit G, were 3656 determined by Contractor and City and were approved by City Council resolution on or before the 3657 execution of the Agreement. The Rates for Rate Period One are effective July 1, 2018 through June 3658 30, 2019. Rates for Rate Period One, as per Exhibit G, shall not be adjusted to reflect either increases 3659 or decreases in costs from those anticipated by Contractor (except as the result of a Change in Law 3660 or a change in scope in accordance with Section 4.3). 3661 C. Annual Adjustment Process. The Rates shall be adjusted annually, with City Council approval, 3662 commencing July 1, 2019 through the remaining Term of this Agreement including any extension 3663