RES 2025015 - Laserfiche WebLink

April 1, 2025 42 City of Pleasanton/GreenWaste Recovery, LLC 8.5 Special Review of Tipping Fee 1618 A. Eligible Items. Contractor is entitled to apply to the City for consideration of a Special Tipping Fee Review, or 1619 the City may initiate such a review, should one or more of the following events occur and should such 1620 occurrence(s) have a material effect totaling two percent (2%) or more annually on the Recovered Materials 1621 Revenue Payments to the City for the then-current Rate Year: 1622 (1) Change in Scope. Documented significant changes in the cost to provide Services required in this 1623 Agreement as a result of an agreed-upon or City -directed change in scope, as provided for under 2.4, 1624 2.6, 5.4, 8.6; 1625 (2) Emergency Services. Provision of emergency services pursuant to Section 6.10; 1626 (3) Catastrophic Events. Flood, earthquake, other acts of nature, war, civil insurrection, riots, acts of any 1627 government agency (including judicial action), or other similar catastrophic events that are beyond the 1628 control of and not the fault of Contractor; and/or, 1629 (4) Change in Law. Change in Law, including, but not limited to, Changes in Law that result in regulatory, 1630 governmental, or other surcharge fees, after the Effective Date that: (1) were not reasonably known to 1631 Contractor before the Effective Date; and (2) Contractor substantiates. 1632 B. Ineligible Items. A Special Tipping Fee Review may not be initiated for the following items and Contractor 1633 shall not be compensated for such items over the Term of the Agreement: 1634 (1) Increases in Recyclable Materials Acceptance, Processing, Diversion, and Marketing costs, unless cost 1635 increases are related to eligible items listed in Section 8.5.A above, or unless changes in operating 1636 conditions are initiated by or at the direction of the City; 1637 (2) Changes in revenues from the sale of Recovered Materials; 1638 (3) Change in the Tonnage or composition of Recyclable Materials Delivered to the Approved Facilities; 1639 (4) Costs incurred due to Contractor's negligence or misconduct; 1640 (5) Costs incurred due to Permit changes of which Contractor did not provide timely notice; 1641 (6) Any fines or penalties imposed on Contractor or the Approved Facilities; 1642 (7) Cost of remediation and cost-recoveries pursuant to Applicable Law, including CERCLA and RCRA; 1643 (8) Costs attributable to changing the classification of the Approved Facilities under Applicable Law, unless 1644 directed by the City in accordance with Section 2.3; 1645 (9) Costs and expenses related to the handling of Unpermitted Waste, notwithstanding the provisions of 1646 Section 6.1; 1647 (10) Increases in Contractor costs including, but not limited to, labor, fuel, and equipment; 1648 (11) Increases in Contractor’s costs due to changes in the Tonnage and/or characterization of the Recyclable 1649 Materials; and, 1650