Res 2008-155 - Laserfiche WebLink

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Items Index plus 15 percent of the net percentage change of the Diesel Fuel Index. The rate charged shall be adjusted downward for the second year only if diesel cost falls below $2.98 per gallon at the end of the first year. After the second year, the rate will be adjusted upward or downward in the method provided in this section. 3.3.2 January 1 of each year of this Contract will be the Rate Modification Index Date. As soon as possible after a Rate Modification Index Date, the Contractor will send the City a comparative statement 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 may be 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 Notwithstanding any provision of Section 3.3 to the contrary, the initial monthly sum of $1.77 to be added as a component of the Residential Service Charge upon the commencement of single stream recycling under Section 1.3.2.113, shall not be subject to upward or downward adjustment until July of 2010 At that time, the CPI will be adjusted from January, 2009 to July, 2010 which will be an eighteen month CPI adjustment. 3.3.5 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. 17