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City of Pleasanton Exhibit H: Index-Based Rate Adjustment Mechanism <br /> Franchise Agreement with Pleasanton Garbage Service <br /> <br />City of Pleasanton Page H-6 June 7, 2022 <br />Exhibit O (the “Landfill Closure Agreement 1986”). Notwithstanding any other provision in <br />the Agreement or any other Exhibit thereto, the Landfill Closure Agreement 1986 shall remain <br />in effect in accordance with its terms during and after termination or expiration of the <br />Agreement. <br />10. Total Pass-Through Costs. Total Pass-Through Costs for the coming Rate Period are the sum <br />of the costs calculated in subsections C.1) through C.9 above. <br />D. Total Calculated Costs before City Fees. The Total Calculated Costs before City Fees shall be the <br />sum of the Total Annual Cost of Operations, Profit, and Total Pass-Through Costs for the coming <br />Rate Period. <br />E. City Fees <br />1. Franchise Fee. Franchise Fees, which shall equal three and a half percent (3.5%) of Gross <br />Rate Revenues and Transfer Station Revenues, shall be calculated as follows: 3.5 x (Total <br />Calculated Costs before City Fees plus the sum of other City Fees specified in Sections 3.E.2 <br />through 3.E.4 of this Exhibit) and other adjustments, if any, pursuant to Section 3.F of this <br />Exhibit). <br />2. Vehicle Impact Mitigation Fee. Vehicle Impact Mitigation Fees shall equal the total Vehicle <br />Impact Mitigation Fees paid to the City in the most-recently completed 12-month period <br />multiplied by 1 plus the Annual Percentage Change in the CPI-U, or as otherwise directed by <br />the City. <br />3. Rate Review, Performance and Other Review Fees. Rate Review, Performance Review and <br />other similar fees shall equal an amount agreed upon by the City and the Contractor for <br />payment of the City’s costs, including consulting and legal fees, associated with contract <br />management and other activities related to this Agreement. Such costs shall be determined <br />and the actual costs for the coming Rate Period shall be added and any costs included in the <br />prior Rate Period shall be subtracted from the total Rate Review and Performance Review <br />Fees paid to the City, unless otherwise directed by the City. <br />4. Total City Fees. The Total City Fees for the coming Rate Period shall equal costs calculated in <br />subsections E.1 through E.4 above. <br />F. Other Adjustments. From time to time during the Term of the Agreement, it may be necessary to <br />make other adjustments to the compensation calculations. For example, if the Contractor obtains <br />grant funds or subsidies from the a separate government or non-profit agency, the annual amount <br />of funds Contractor received or is forecasted to receive will be reflected as an adjustment. In such <br />case, the adjustment would be a reduction to the Total Calculated Costs to reduce the Rates since <br />Contractor’s has secured funds from other sources to cover a portion of the costs. <br />G. Total Calculated Costs. The Total Calculated Costs for the coming Rate Period shall equal the sum <br />of the Total Annual Cost of Operations, Profit, Total Pass-Through Costs, Total City Fees, and Other <br />Adjustments (if applicable) for the coming Rate Period.