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City of Pleasanton Article 8. Contractor's Compensation Franchise Agreement with Pleasanton Garbage Service City of Pleasanton Page 106 June 7, 2022March 8, 2018 Party Entities that are involved in financial transactions with Contractor, that are related to 3718 the application. 3719 3. Submittal of Request. The City shall notify the Contractor at least ninety (90) days before 3720 the proposed effective date of the directed change in the Approved Organic Materials 3721 Processing Site and/or Approved Recyclable Materials Processing Site. Upon such 3722 notification, Contractor shall, within thirty (30) calendar days, submit reasonable cost and 3723 operational data as requested by the City, in a form and manner specified by the City. 3724 A request for special Rate review shall include a proposal on whether the Rate adjustment 3725 resulting from the special Rate review shall be an adjustment in addition to or in lieu of the 3726 annual Rate adjustment to be performed in accordance with Section 8.2.C above. 3727 4. Burden of Justification. Contractor shall bear the burden of justifying to the City by 3728 substantial evidence any entitlement to current, as well as increased, Rates under this 3729 Section 8.4.A. If the City determines that the Contractor has not met its burden, the 3730 Contractor may request a meeting with the City Manager or their designee to produce 3731 additional evidence. Upon such request, the City shall permit said additional hearing. In the 3732 event the City denies Contractor’s request, Contractor shall have the right to present its claim 3733 in a court of competent jurisdiction. 3734 5. Grant of Request. Based on evidence the Contractor submits, the City Council may grant 3735 some, all, or none of the requested increase and approve adjusted Rates. 3736 6. Compensation. The actual, necessary, and reasonable costs for participating in such review 3737 shall be a pass-through cost. 3738 B. Other Special Rate Reviews 3739 1. Eligible Items. The Contractor is entitled to apply to the City for consideration of a special 3740 Rate review, or the City may initiate such a review, either as part of the annual Rate 3741 adjustment or at any other time in accordance with this Section 8.4, should one or more of 3742 the following events occur, which event or events shall have the net effect, after considering 3743 offsetting effects of other events or trends on revenues or expenses, as well as Contractor’s 3744 best efforts to minimize the impact of the change through economies, efficiencies, and other 3745 operations, of changing total operating costs, commodity revenues or Gross Rate Revenue, 3746 or a combination thereof, by an amount that is not less than two percent (2%) annually of 3747 the Gross Rate Revenues for the most‐recently completed Rate Period. If such net effect is 3748 less than two percent (2%) annually of the Gross Rate Revenues for the most‐recently 3749 completed Rate Period, such cost and/or revenue impact shall be considered at the time of 3750 the next annual Rate adjustment. 3751 a. City directed change, limited to documented significant changes in the cost to provide 3752 services required in this Agreement as a result of an agreed-upon, City-directed change in 3753 scope, as provided for under Section 4.3. 3754 b. Provision of emergency services pursuant to Section 6.15. 3755