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City of Pleasanton Article 8. Contractor's Compensation <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page 102 June 7, 2022 <br />periods. The adjustments to Rates shall be determined using one of two methodologies: (i) an 3664 <br />index-based adjustment, or (ii) cost-based adjustment. The index-based adjustment, which is 3665 <br />described in Exhibit H, involves use of various cost adjustment factors (such as the percentage 3666 <br />change in the consumer price index and percentage change in the Approved Disposal Site tipping 3667 <br />fee) to calculate adjusted Rates. The cost-based adjustment, which is described in Exhibit I, involves 3668 <br />a detailed review of the Contractor’s actual costs of service and determination of adjusted Rates to 3669 <br />reflect Contractor’s projected costs. The cost-based adjustment shall not exceed a six percent (6%) 3670 <br />increase in Rates. 3671 <br />D. Rate Structure. The City shall have the sole and exclusive right to change the relationship of 3672 <br />individual Rates in comparison with other Rates as City deems appropriate; provided, however, that 3673 <br />any such changes shall occur in conjunction with the annual Rate adjustment process described in 3674 <br />Section 8.3 or in conjunction with a Rate adjustment resulting from a Special Rate Review in 3675 <br />accordance with Section 8.4; and, provided, further, that changes to the Rates charged under the 3676 <br />new structure shall be calculated in such a way that the revised Rate structure is reasonably 3677 <br />anticipated to generate at least the same amount of total revenue from the prior Rate Structure 3678 <br />when the number of accounts at each Service Level are multiplied by the Rates charged for each 3679 <br />Service Level and the total for all Service Levels are summed. 3680 <br />8.3 Rate Application Process 3681 <br />A. Application Date and Content 3682 <br />1. Index-Based Rate Adjustment Methodology. On April 1, prior to the commencement of the 3683 <br />Rate Period for which Rates are to be determined using the index-based Rate adjustment 3684 <br />method (coming Rate Period), Contractor shall submit at least three (3) copies of its 3685 <br />application requesting the Rate adjustment for the coming Rate Period. For example, on 3686 <br />April 1, 2020, the Contractor shall submit three copies of its application for the Rate 3687 <br />Adjustment to be effective for Rate Period Three. The application shall present the 3688 <br />calculations of the annual percentage change in various cost indices, total calculated annual 3689 <br />costs for the Rate Period, the Rate adjustment factor, and all supporting documentation for 3690 <br />the calculations. The application shall also present the Rates for the then-current Rate 3691 <br />Period (e.g., Rate Period Two) and the proposed Rates for the coming Rate Period (e.g., Rate 3692 <br />Period Three). 3693 <br />2. Cost-Based Rate Adjustment Methodology. On December 1, prior to the commencement 3694 <br />of the Rate Period for which Rates are to be determined using the cost-based Rate 3695 <br />adjustment method, Contractor shall submit three (3) copies of its application requesting the 3696 <br />Rate adjustment for the coming Rate Period. 3697 <br />The application shall present the Contractor's actual total annual cost of operations, profit, 3698 <br />pass-through costs, City fees, the actual total annual costs for the most-recently completed 3699 <br />Rate Period and forecast of the same cost items for the coming Rate Period in accordance 3700 <br />with the procedures described in Exhibit I. Contractor shall assemble, provide, and submit 3701 <br />such information that is necessary to support the actual costs presented and the calculation 3702 <br />of the assumptions made by Contractor with regard to forecasting the total annual cost of 3703 <br />operations, profit, pass-through costs, City fees, and the total annual costs for the coming 3704