Res 2008-076 - Laserfiche WebLink

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setting out for both the All Items Index and the Diesel Fuel Index a) the composite percentage change equal to the net percentage change in the All Items Index plus the net percentage change in the Diesel Fuel Index; and b) the increase or decrease in the fees which maybe charged by the Contractor. The rate change based on this information will be implemented by an amendment to this Contract, approved by the City Council, effective on the next ensuing anniversary date of this Contract. 3.3.3 The rate charged by the Contractor will be adjusted upward or downward to reflect increases or decreases in governmental fees charged to the Contractor that are directly related to the Contractor's operations under this Contract. The Contractor will provide written notice to the City of the fee increase or decrease, with supporting information and an explanation of the methodology for determining the impact of the fee change on the Contractor's rate under this Contract. The City may request additional information from the Contractor. The calculation methodology will be subject to approval by the City Manager. The rate increase or decrease will be implemented by an amendment to this Contract, approved by the City Council. 3.3.4 In addition to the above, the Contractor may petition the City for additional rate adjustments at reasonable times based on increases in cost of operations, caused by factors such as revised laws, ordinances, regulations, changes in disposal sites, disposal costs, and for other similar reasons. The Contractor's petition will specifically identify the reasons for the requested adjustment, and its impact upon the Contractor's cost of operations, in unit terms, with an explanation of the methodology used to calculate such impact. The City may request additional information it considers necessary to evaluate the requested adjustment. The City may grant such adjustments through amendments to the contract. If the Contractor and the City do not agree on any rate increase requested by the Contractor, the Contractor may elect to continue the contract at the current rate, or may terminate the contract effective upon 365 calendar days written notice. No such failure to approve will relieve the City from any obligation under the Contract to pay increased rates approved by the City Council under subsection 3.3.2. ARTICLE 4 RECORDS AND REPORTS Section 4.1 The Contractor will file the following records and reports with the City monthly: 4.1.1 Reports of all actions taken by the Contractor to resolve complaints. 4.1.2 Changes in the number of residential units served by the Contractor. 4.1.3 Report of recycling information which includes estimated amount by weight of recyclable materials collected. 4.1.4 Report of solid waste collected by estimated weight. Section 4.2 The Contractor will retain all records and supporting documentation applicable to this Contract, and not delivered to the City, for a period of three years except in the event that the Contractor goes out of business, it will deliver to the City all of its records relating to this Contract for retention by the City. 16