RES 221299 - Laserfiche WebLink

City of Pleasanton Article 8. Contractor's Compensation Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 105 June 7, 2022 c. Change in Law, including, but not limited to, Changes in Law that result in regulatory, 3783 governmental, or other surcharge fees, after the Effective Date that: (i) was not 3784 reasonably known to the Contractor before the Effective Date, and (ii) the Contractor 3785 substantiates. 3786 d. Uncontrollable Circumstances. 3787 e. Subsequent to Rate Period One of this Agreement, extraordinary adjustment in operating 3788 costs and/or commodity (but not Rate) revenues beyond the control of the Contractor, 3789 resulting from actual sustained market conditions, with a duration of three (3) months or 3790 more, that the Contractor demonstrates with evidence reasonably satisfactory to the City 3791 have and will continue to result in the Contractor’s inability to continue as a going 3792 concern or to meet its actual, reasonable and necessary financial obligations during the 3793 next twenty-four (24) months of this Agreement. The Contractor bears the burden of 3794 demonstrating in writing to the sole satisfaction of the City, whose decisions shall be 3795 binding, that: (i) the event qualifies under the description in the immediately preceding 3796 sentence, (ii) the Contractor has taken all reasonable efforts to mitigate or minimize the 3797 financial effect of the event, and (iii) the Contractor has taken all reasonable efforts to 3798 offset the financial impact of the event by economies, efficiencies, and its ability to 3799 generate additional revenue elsewhere in its operations. The City shall receive the 3800 Contractor’s written demonstration of these three factors and meet with the Contractor. 3801 The City may, but is not obligated, to: question the Contractor; request additional 3802 information from Contractor as described in this Agreement; request from the Contractor 3803 information and documents as described elsewhere in the Agreement; request from the 3804 Contractor information and documents demonstrating how other companies in the 3805 industry have responded to the change; and engage experts to evaluate the information 3806 provided by the Contractor and/or request additional information from the Contractor 3807 and provide recommendations to the City. 3808 2. Ineligible Items. A special Rate review may not be initiated for the following items and 3809 Contractor shall not be compensated for such items over the Term of the Agreement unless 3810 the City and Contractor agree to an adjustment during a cost-based adjustment process 3811 when determining Rates for Rate Period Seven, or such items are identified as eligible items 3812 in Section 8.4.A. 3813 a. Increases in the cost of providing the services described in this Agreement in excess of the 3814 increases provided through the annual adjustment mechanisms described in Exhibits H 3815 and I unless such cost increases are related to eligible items listed in Section 8.4.A above. 3816 b. Increases in the cost of Discarded Materials Collection, Transportation, Processing, or 3817 Disposal costs in excess of the increases provided through the annual adjustment 3818 mechanisms described in Exhibits H and I unless such cost increases are related to eligible 3819 items listed in Section 8.4.A above. 3820 c. Increases in the cost of Discarded Materials Collection, Transportation, Processing, or 3821 Disposal costs that may be impacted by a change in the Approved Disposal Site, Approved 3822 Recyclable Materials Processing Site, Approved Organic Materials Processing Site, or 3823 Approved C&D Processing Site operating conditions, unless such change is initiated by or 3824 at the direction of the City or is related to eligible items listed in Section 8.4.A above. 3825 d. Decreases in Revenues from the sale of Recyclable Materials or Organic Materials. 3826