Three Year Rate Review By the City Sample Clauses

Three Year Rate Review By the City. Beginning with the rate year of 2007, and thereafter for the years 2010 and 2013, and every third year thereafter, the City shall have the right, but not the obligation, to establish new maximum service rates pursuant to an alternative form of rate review based upon factors such as the revenues and costs incurred for the services provided by Contractor under this Agreement, and the competitiveness of service rates within the City as compared with rates charged for similar services in surrounding communities. In each of these years, the City shall notify Contractor by February 1st that the City intends to conduct an alternative rate review pursuant to this section. Contractor shall be required to submit a rate application based on audited financial statements for the preceding complete fiscal year (the most recent year available), including separate schedules setting forth the costs and revenues incurred and generated for the services provided under this Agreement. The application shall be submitted by September 1st and be provided in the format as requested by the City. Contractor shall also submit such information as is necessary to support assumptions made with regard to any forecasts used to develop requested compensation and rate schedules on a per category basis. Such information may include information regarding transactions between Contractor and those entities arising from services provided under this Agreement. The City Council may set new maximum rates per category of service as necessary to provide adequate revenues for Contractor to properly comply with its obligations under this Agreement and to insure that the new rates are competitive with rates for comparable services in surrounding communities. In this review, the City may adjust Contractor’s reported costs to exclude or reduce costs that are not necessary, reasonable or incurred in the performance of this Agreement and shall exclude such costs as deemed to be non-allowable by City, including those costs set forth on Exhibit D. The City will determine whether those costs have actually been incurred, are appropriately assigned to the services under this Agreement, and are necessary and reasonable. The City may adjust the actual costs to exclude or reduce costs that are not necessary and reasonably incurred in the performance of the services provided under this Agreement. Certain costs are deemed to be non-allowable costs for use in the determination of the Contractor’s revenue requirements....
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Related to Three Year Rate Review By the City

  • Acceptance by the City It is expressly understood and agreed that all materials provided and/or work done by the Contractor shall be subject to inspection and acceptance by the City at its discretion, and that any progress inspections and approval by the City of any item or work shall not forfeit the right of the City to require the correction of faulty workmanship or material at any time during the course of the work, although previously approved by oversight. Nothing herein contained shall relieve the Contractor of the responsibility for proper construction and maintenance of the work, materials and equipment required under the terms of this Contract until all work has been completed and accepted by the City.

  • Termination by the City 96.1. In addition to termination pursuant to any other article of this Contract, the Commissioner may, at any time, terminate this Contract by written notice to the Contractor. In the event of termination, the Contractor shall, upon receipt of such notice, unless otherwise directed by the Commissioner:

  • Compensation for default by the Concessionaire Subject to the provisions of Clause 35.6, in the event of the Concessionaire being in material default or breach of this Agreement, it shall pay to the Authority by way of compensation, all direct costs suffered or incurred by the Authority as a consequence of such material default or breach, within 30 (thirty) days of receipt of the demand supported by necessary particulars thereof; provided that no compensation shall be payable under this Clause 35.1 for any material breach or default in respect of which Damages are expressly specified and payable under this Agreement.

  • Review by the Bank of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Bank’s Prior Review. All other contracts shall be subject to Post Review by the Bank.

  • Review by the Association of Procurement Decisions The Procurement Plan shall set forth those contracts which shall be subject to the Association’s Prior Review. All other contracts shall be subject to Post Review by the Association.

  • Staffing Levels to deal with Potential Violence The Employer agrees that, where there is a risk of violence, an adequate level of trained employees should be present. The Employer recognizes that workloads can lead to fatigue and a diminished ability both to identify and to subsequently deal with potentially violent situations.

  • Evaluation Cycle: Annual Orientation A) At the start of each school year, the superintendent, principal or designee shall conduct a meeting for Educators and Evaluators focused substantially on educator evaluation. The superintendent, principal or designee shall:

  • Termination Payment for Force Majeure Event 34.9.1 If Termination is on account of a Non-Political Event, the Authority shall make a Termination Payment to the Concessionaire in an amount equal to 90% (ninety per cent) of the Debt Due less Insurance Cover.

  • TERMINATION BY THE CONTRACTOR If the Work is stopped for a period of thirty days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Contractor, or if the Work should be stopped for a period of thirty days by the Contractor because the Architect has not issued a Certificate for Payment as provided in Paragraph 9.7 of these General Conditions or because the State has not made payment thereon as provided in Paragraph 9.7, then the Contractor may, upon seven additional days written notice to the State and the Architect, terminate the Contract and recover from the State payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and damages.

  • Determinations by the Director All determinations required by the Director under this Agreement are subject to an HSP’s rights of review and appeal under the Act.

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