Agmt 2000 Alameda County Industries Inc ACI

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On July 1, 2005, July 1, 2010, and July 1, 2015, the annual Rate adjustment process pursuant to Section 6.2 shall be replaced with the Rate comparison and Rate adjustment process described in this Section 6.3 and in Exhibit A. Exhibit A defines the detailed process for comparing the Contractor's then effective Rates to those of specified jurisdictions, and on the basis of that comparison making the annual Rate adjustment The City shall initiate the process specified in Exhibit A within such time as is necessary to provide the Contractor by the March 1 prior to the scheduled adjustment, the results of the Rate comparison, including the percentage by which the Contractor may adjust Rates upward or shall adjust Rates downward. Contractor shall by April 1 provide the City Representative with any comments on the adjustment The City Representative shall use his/her best judgment to take the Contractor's comments into consideration, and to inform the Contractor by May 1 of the final percentage by which the Contractor may adjust Rates upward or shall adjust Rates downward. Contractor shall inform all Customers of the impending Rate adjustment no less than one month in advance of mailing the first Customer billing based on adjusted Rates. 6.4 SPECIAL RATE REVIEW A. Eligible Items. Notwithstanding Article 6.2 B, the Contractor is entitled to apply to the City for consideration of a special Rate review, or the City may initiate such a review should one or more of the following occur: Change in the governmental regulatory fees charged at the Disposal Site since the last Rate adjustment. Change in the governmental regulatory fees charged at the Green Waste Processing Facility since the last adjustment iii. Significant increases in the cost of transportation, and any increases in Tipping Fees and contractual penalties resulting from the City requiring the Contractor to use a particular Disposal Site or a Green Waste Processing Facility not chosen by Contractor. iv. Change in State or local fees mandated to be collected by the Contractor far a governmental entity other than the City. v. Flood, earthquake, other acts of God, war, civil insurrection, riots, or other similar catastrophic events beyond the control of the Contractor. vi. Any change in law after the Effective Date that was not reasonably known to the Contractor before the Effective Date that the Contractor substantiates results in a direct increase in the Contractor's cost of providing Franchise Services to the City of more than ten (10) percent. vii. Material changes to operations mandated by the City as provided for under Article 5. r~~~cea~~~~n~~wz...~ra ovovoo Page 31 of 59