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