Rates for Subsequent Rate Periods. Rates for subsequent Rate Periods shall be adjusted annually in accordance with this Section 8.2 and Exhibit E using the annualized Rate Period One costs, as presented in Exhibit G1. Rates for Rate Periods Two, Three, Five, Six, Seven, Nine, Ten, and if applicable, Eleven, Thirteen, Fourteen, and Fifteen, shall be adjusted in accordance with Exhibit E1, Index-Based Rate Adjustment Methodology. Rates for Rate Periods Four, Eight, and Twelve, if applicable, shall be adjusted in accordance with Exhibit E2, Cost-Based Rate Adjustment Methodology. The index-based adjustment, which is described in Xxxxxxx X0, involves use of various cost adjustment factors (such as the percentage change in the consumer price index and changes in Tonnage and tipping fees) to calculate adjusted Rates. Such Rate adjustment calculations shall be performed in strict conformance to the procedures described in Exhibit E1. The cost-based methodology, which is described in Xxxxxxx X0, involves a review of Contractor’s actual costs and revenues and projection of costs and revenues for the coming Rate Period. This cost-based Rate adjustment shall be performed instead of the index-based Rate adjustment for Rate Periods Four, Eight, and Twelve. Such Rate adjustment calculations shall be performed in strict conformance to the procedures described in Exhibit E2.
Rates for Subsequent Rate Periods. On the first anniversary date of the Commencement Date of this Agreement, and on each anniversary date thereafter, 2019 Rates for services as established pursuant to this Article 10, shall be automatically 2020 adjusted upward or downward (but never to less than the initial Rates set forth in 2021 Exhibit F hereto), by the percentage change in the Construction Cost Index for the 2022 preceding twelve-month period ending September 30, as reported in the Engineering 2023 News-Record (ENR). This Construction Cost Index adjustment shall be applied to the 2024 current Rate less the Approved Disposal Facility gate fee adjustment. County shall 2025 notice Contractor when the Approved Disposal Facility gate fees are to be adjusted. 2026 In such event, Collection Rates shall be adjusted by multiplying the amount of the per 2027 ton gate fee increase by 0.12 and rounded to the nearest one cent, to arrive at the 2028 amount of the Collection Rate increase allowed per month per 35-gallon Container 2029 service, and proportionately for larger sized Containers. 2030 Unless otherwise agreed to by Contractor and County, a written notice of any Rate 2031 adjustments shall be mailed by Contractor to all Customers not later than two weeks 2032 prior to the date such changes become effective. The notice of such Rate adjustments 2033 shall be approved in advance of the mailing by the County.
Rates for Subsequent Rate Periods. Not later than May 1, 2021, in accordance with Attachment E, Contractor will submit a Base Year Application requesting the amount of Contractor’s Rate adjustment for Rate Year One commencing July 1, 2021. Rates for subsequent Rate Periods shall be adjusted in accordance with this Section 9.2 and Attachment E, subject to completion of any proceedings that a Member chooses to undertake under Article XIII C and/or D of the California Constitution with respect to such Rates. The Agency’s Designated Representative shall have the right to request, in his or her sole discretion, information necessary to establish the reasonableness or accuracy of Rates adjusted in accordance with this Section 9.2 and Attachment E. After such request is made, Contractor shall promptly provide such information, which may include, but is not limited to, information regarding a Subcontractor or subcontractor. Contractor’s failure to fully cooperate in a timely manner with any reasonable request for information by the Agency’s Designated Representative may result in either the denial of or a delay in the approval of Rates in accordance with this Section 9.2 and Attachment E.
Rates for Subsequent Rate Periods. Rates for subsequent Rate Periods shall be adjusted 770 annually in accordance with this Section 8.2 and Exhibit E. {Agency – Use this language to adjust rates using a single inflationary index and actual changes 771 772 in Disposal and Processing charges based on the volumes delivered and tipping fees charged.} 773 The index‐based adjustment, which is described in Exhibit E1, involves applying the percentage 774 change in the consumer price index to calculate adjusted Rates. Such Rate adjustment 775 calculations shall be performed in strict conformance to the procedures described in Exhibit E1. {Agency – Use this language to adjust rates using multiple inflationary indices, each applied to 776 777 specific cost categories, and actual changes in Disposal and Processing charges based on the 778 volumes delivered and tipping fees charged.} The index‐based adjustment, which is described in 779 Exhibit E2, involves use of various cost adjustment factors (such as the percentage change in the 780 consumer price index and percentage change in the Approved Facility tipping fees) to calculate 781 adjusted Rates. Such Rate adjustment calculations shall be performed in strict conformance to 782 the procedures described in Exhibit E2. 783 {Agency – Add this language to either of the adjustment options above to allow for periodic 784 cost‐based review and adjustment of rates.} Either Party may request that Rates for Rate Period 785 XXXX and/or Rate Period XXXX be adjusted using the cost‐based methodology described in 786 Exhibit E3 that involves a review of Contractor’s actual costs and projection of cost for the 787 coming Rate Period. This cost‐based Rate adjustment, if requested by either Party, will be 788 performed instead of the index‐based rate adjustment for that Rate Period. The option to 789 request a cost‐based adjustment process during the Term of the Agreement is intended to 790 provide the Parties an opportunity to adjust Rates to more accurately reflect actual costs of 791 operations if the cost indices are not tracking with actual changes in costs. Such Rate adjustment 792 calculations shall be performed in strict conformance to the procedures described in Exhibit E3.
Rates for Subsequent Rate Periods. Rates for subsequent Rate Periods shall be adjusted annually 2262 in accordance with this Section 8.2 and Exhibit E. 2263 The index-based adjustment, which is described in Exhibit E1, involves use of various cost 2264 adjustment factors (such as the percentage change in the consumer price index and changes in 2265 Tonnage and tipping fees) to calculate adjusted Rates. Such Rate adjustment calculations shall be 2266 performed in strict conformance to the procedures described in Exhibit E1. 2267 In Rate Periods Four (4) and/or Eight (8) Rates shall be adjusted using the cost-based methodology 2268 described in Exhibit E2 that involves a review of Contractor’s actual costs and revenues and 2269 projection of costs and revenues for the coming Rate Period. This cost-based Rate adjustment will 2270 be performed instead of the index-based Rate adjustment for that Rate Period. The cost-based 2271 adjustment process is intended to provide the City an opportunity to adjust Rates to more 2272 accurately reflect actual revenues and costs of operations. Such Rate adjustment calculations shall 2273 be performed in strict conformance to the procedures described in Exhibit E2.
Rates for Subsequent Rate Periods. Rates for subsequent Rate Periods shall be adjusted annually in accordance with this Section 8.2 and Exhibit E. The index-based adjustment, which is described in Xxxxxxx X0, involves use of various cost adjustment factors (such as the percentage change in the consumer price index and changes in Tonnage and tipping fees) to calculate adjusted Rates. Such Rate adjustment calculations shall be performed in strict conformance to the procedures described in Exhibit E1. In Rate Periods Four (4) and/or Eight (8) Rates shall be adjusted using the cost-based methodology described in Exhibit E2 that involves a review of Contractor’s actual costs and revenues and projection of costs and revenues for the coming Rate Period. This cost-based Rate adjustment will be performed instead of the index-based Rate adjustment for that Rate Period. The cost-based adjustment process is intended to provide the City an opportunity to adjust Rates to more accurately reflect actual revenues and costs of operations. Such Rate adjustment calculations shall be performed in strict conformance to the procedures described in Exhibit E2.
Rates for Subsequent Rate Periods. Rates for subsequent Rate Periods shall be adjusted annually in accordance with this Section 9.2 and Attachment E. 1304 1305 1306 1307 1308 The index‐based adjustment, which is described in Xxxxxxxxxx X0, involves use of various cost adjustment factors (such as the percentage change in the consumer price index and percentage change in the Approved Facility tipping fees) to calculate adjusted Rates. Such Rate adjustment calculations shall be performed in strict conformance to the procedures described in Attachment E1. 1309 1310 1311 1312 1313 1314 1315 1316 1317
Rates for Subsequent Rate Periods. The Rate described in Section 7.2.A and any additional Rates shall be adjusted annually in accordance with this Section 9.1 commencing July 1, 2024. Rates shall be adjusted every July 1 commencing July 1, 2024 by multiplying the Rates for the current Rate Period by one (1) plus the Rate Adjustment Factor. The Rate Adjustment Factor shall equal the change in the CPI Index as measured between the CPI Index value for February of the current Rate Period and the corresponding CPI Index value for February of the prior Rate Period, rounded to the nearest hundredth of a percent. CPI Index means the Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-Hayward, CA area (1982-84=100) [Bureau of Labor Statistics Series I.D. CUURS49BSA0]. The Agency’s Designated Representative shall have the right to request, in his or her sole discretion, information necessary to establish the reasonableness or accuracy of Rates adjusted in accordance with this Section 9.1. After such request is made, Contractor shall promptly provide such information, which may include, but is not limited to, information regarding a Subcontractor. Contractor’s failure to fully cooperate in a timely manner with any reasonable request for information by the Agency’s Designated Representative may result in either the denial of or a delay in the approval or adjustment of Rates in accordance with this Section 9.1. At least once every five (5) years, the Parties agree to meet and confer to discuss the reasonableness of the Rate described in Section 7.2.A.
