RES 2025015 - Laserfiche WebLink

April 1, 2025 43 City of Pleasanton/GreenWaste Recovery, LLC (12) Decreases in Contractor’s revenues from the Marketing of Recovered Materials due to changes in the 1651 Tonnage and/or characterization of the Recyclable Materials and changes in Market conditions relative 1652 to Recovered Materials commodity values. 1653 C. Review of Costs and Revenues. If Contractor or the City requests a Special Tipping Fee Review, the City shall 1654 have the right to review any or all financial and operating records of Contractor and right to review any or all 1655 financial and operating records of Affiliates only as it pertains to the scope of this Agreement. 1656 D. Submittal of Request. If Contractor is requesting a Special Tipping Fee Review, Contractor must submit its 1657 request for a Special Tipping Fee Review, along with cost, operational, and material sales revenue data, in a 1658 form and manner specified by the City. 1659 If the City is requesting a Special Tipping Fee Review, the City shall notify Contractor at least four (4) months 1660 before the proposed effective date of any adjustment to the per-Ton Tipping Fee adjustment. Upon such 1661 notification, Contractor shall, within thirty (30) Days, submit reasonable cost, operational, and material sales 1662 revenue data as requested by the City, in a form and manner specified by the City. 1663 E. Burden of Justification. Contractor shall bear the burden of justifying to the City by substantial evidence any 1664 entitlement to current, as well as a reduced or increased, per-Ton Tipping Fee amount under this Section . 1665 Records required to be maintained pursuant to Article 9 shall be subject to review, in accordance with 1666 appropriate professional standards, and inspection, for the primary purpose of reviewing changes in costs 1667 and material sales revenue to Contractor attributable to the circumstances that triggered the Special Tipping 1668 Fee Review, at any reasonable time by the City Manager or an independent third party. The selection of the 1669 independent third party as well as the scope of work for such review shall be approved in advance by the City. 1670 The independent reviewer shall provide any and all drafts of its review to the City and Contractor. The Party 1671 requesting the extraordinary Rate adjustment review shall bear the cost of the review. 1672 If the City determines that Contractor has not met its burden, Contractor may request a meeting with the City 1673 to produce additional evidence. Upon such request, the City shall permit said additional hearing. Any resulting 1674 disputes shall be managed pursuant to Article 12. 1675 F. Grant of Request. Based on evidence Contractor submits, the City Board may grant some, all, or none of the 1676 requested adjustment to the per-Ton Recovered Materials Revenue Payment amount. 1677 G. Compensation. If Contractor requests the Special Recovered Materials Revenue Payment Adjustment review, 1678 Contractor shall bear all reasonable costs of both Parties for participating in such review up to a maximum of 1679 $25,000 per Party. If a Special Tipping Fee Review occurs in response to a City-directed change in scope 1680 (pursuant to Section 8.6), the City shall be considered the Party requesting the special review and the City 1681 shall pay the costs of the review. 1682 8.6 Adjustment of Tipping Fees for Changes in Scope 1683 In the event either the City or Contractor requests a change in scope in accordance with Section 2.3 of this 1684 Agreement, Contractor shall furnish the City with projected operational, cost, and material sales revenue data for 1685 the change in scope to support any adjustment to the per-Ton Tipping Fee. For the purposes of analyzing cost and 1686 material sales revenue impacts of changes in scope, Contractor’s profit shall be calculated using an operating ratio 1687 of ninety percent (90%) of actual reasonable and necessary costs. The City reserves the right to require that 1688 Contractor supply any additional cost or revenue data or other information it may reasonably need to ascertain the 1689 appropriate adjustment of the per-Ton Tipping Fees, if any, for the change in scope. The City shall review this 1690 operational, cost, and material sales revenue data, and the City Council shall approve the adjusted per-Ton Tipping 1691 Fees for the change in scope, if warranted. 1692