RES 2025015 - Laserfiche WebLink

April 1, 2025 41 City of Pleasanton/GreenWaste Recovery, LLC 8.4 Tipping Fee Application Process 1575 A. Application Date and Content. 1576 (1) Application Submittal Date. On April 1, prior to the commencement of the Rate Year for which Tipping 1577 Fees are to be determined (coming Rate Year), Contractor shall submit to the City Manager its 1578 application requesting the adjustment of Tipping Fees for the coming Rate Year via email with 1579 confirmation receipt. All Tipping Fee applications shall be submitted in Microsoft Excel format with all 1580 formulas and calculations preserved. 1581 (2) Content of Application for Adjustment. The application submitted to support an adjustment of Tipping 1582 Fees shall be submitted in Microsoft Excel format with all formulas and calculations preserved. Such 1583 application shall present the underlying data and calculations of the Annual Percentage Change in 1584 various cost indices as separate tabs or tables in the submittal. The application shall include all 1585 supporting documentation for the calculations, including copies of any relevant correspondence or 1586 evidence related to Governmental Fees. 1587 The application shall also present a summary table with the Tipping Fees for the then-current Rate Year 1588 (e.g., Rate Year Three) and the proposed Tipping Fees for the coming Rate Year (e.g., Rate Year Four). 1589 If the City requests additional information beyond that provided by Contractor in its application, 1590 Contractor shall provide all information requested by the City during its review of the application, 1591 including, but not limited to, all information from Affiliates requested by the City regarding any 1592 transactions between Contractor and any Affiliates pertaining to Contractor's performance under this 1593 Agreement. 1594 B. City Review of Application. The City Manager shall review Contractor’s application for an adjustment of 1595 Tipping Fee and, upon completion of review, the City Manager shall approve, or deny with requirement for 1596 correction. The City Manager shall act in good faith to approve or direct changes required to provide for 1597 such adjustments to Tipping Fees by June 1 of the Rate Year. The adjusted Tipping Fees shall not take effect 1598 until the City Manager has provided written approval of such Tipping Fees. 1599 C. Failure to Adjust Tipping Fees. If Contractor submits its application for adjustment of Tipping Fees in a 1600 correct and compliant format and with all required content on or before the application date identified in 1601 Section 8.4.A.1, and the City Manager does not approve adjusted Tipping Fees under this Agreement, the 1602 City shall provide a payment(s), adjustment(s), or surcharge(s) such that Contractor receives payment for 1603 any shortfall in Contractor’s Compensation resulting from the delay in approval of appropriate adjustments 1604 to Tipping Fees. To determine the amount of a shortfall, if any, the City and Contractor shall meet and 1605 confer to determine the effect the delayed approval of appropriate adjustments in Tipping Fees has on 1606 Contractor’s compensation. The assessment of the revenue impact shall consider the Franchised Collector’s 1607 billing cycle (e.g., impact to Subscribers billed in advance and to Subscribers billed in arrears), the ability of 1608 Contractor to delay issuance of bills, the payment cycle of the Franchised Collector, and other variables. 1609 If Contractor does not submit the application in a correct and compliant format and with all required 1610 content on or before the application date identified in Section 8.4.A.1, adjusted Tipping Fees may not be 1611 approved by March 1 of a Rate Year and therefore, may not become effective by July 1 of a Rate Year. In 1612 such case, appropriate adjustments of Tipping Fees shall be approved and made effective as soon as 1613 practical, but the City shall not be required to provide retroactive payment(s), adjustment(s), or 1614 surcharges(s) to allow Contractor to recover compensation that Contractor would have collected had the 1615 application been timely submitted and the Tipping Fee adjustment been implemented in accordance with 1616 the prescribed schedule. 1617