RES 221299 - Laserfiche WebLink

City of Pleasanton Article 8. Contractor's Compensation Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 104 June 7, 2022 Party Entities that are involved in financial transactions with Contractor, that are related to 3745 the application. 3746 3. Submittal of Request. The City shall notify the Contractor at least ninety (90) days before 3747 the proposed effective date of the directed change in the Approved Organic Materials 3748 Processing Site and/or Approved Recyclable Materials Processing Site. Upon such 3749 notification, Contractor shall, within thirty (30) calendar days, submit reasonable cost and 3750 operational data as requested by the City, in a form and manner specified by the City. 3751 A request for special Rate review shall include a proposal on whether the Rate adjustment 3752 resulting from the special Rate review shall be an adjustment in addition to or in lieu of the 3753 annual Rate adjustment to be performed in accordance with Section 8.2.C above. 3754 4. Burden of Justification. Contractor shall bear the burden of justifying to the City by 3755 substantial evidence any entitlement to current, as well as increased, Rates under this 3756 Section 8.4.A. If the City determines that the Contractor has not met its burden, the 3757 Contractor may request a meeting with the City Manager or their designee to produce 3758 additional evidence. Upon such request, the City shall permit said additional hearing. In the 3759 event the City denies Contractor’s request, Contractor shall have the right to present its claim 3760 in a court of competent jurisdiction. 3761 5. Grant of Request. Based on evidence the Contractor submits, the City Council may grant 3762 some, all, or none of the requested increase and approve adjusted Rates. 3763 6. Compensation. The actual, necessary, and reasonable costs for participating in such review 3764 shall be a pass-through cost. 3765 B. Other Special Rate Reviews 3766 1. Eligible Items. The Contractor is entitled to apply to the City for consideration of a special 3767 Rate review, or the City may initiate such a review, either as part of the annual Rate 3768 adjustment or at any other time in accordance with this Section 8.4, should one or more of 3769 the following events occur, which event or events shall have the net effect, after considering 3770 offsetting effects of other events or trends on revenues or expenses, as well as Contractor’s 3771 best efforts to minimize the impact of the change through economies, efficiencies, and other 3772 operations, of changing total operating costs, commodity revenues or Gross Rate Revenue, 3773 or a combination thereof, by an amount that is not less than two percent (2%) annually of 3774 the Gross Rate Revenues for the most-recently completed Rate Period. If such net effect is 3775 less than two percent (2%) annually of the Gross Rate Revenues for the most-recently 3776 completed Rate Period, such cost and/or revenue impact shall be considered at the time of 3777 the next annual Rate adjustment. 3778 a. City directed change, limited to documented significant changes in the cost to provide 3779 services required in this Agreement as a result of an agreed-upon, City-directed change in 3780 scope, as provided for under Section 4.3. 3781 b. Provision of emergency services pursuant to Section 6.15. 3782