EXTRAORDINARY RATE ADJUSTMENTS. The CONTRACTOR may petition the CITY in writing at times other than that allowed under 10.4 (Annual Rate Adjustment) for an adjustment in the maximum rates due to (i) extraordinary circumstances beyond the CONTRACTOR’s reasonable control, or (ii) due to new programs and services requested by CITY as provided herein. The CONTRACTOR shall provide documentation and analysis to the satisfaction of CITY of the reasons for such adjustment. Petitions regarding extraordinary circumstances beyond the CONTRACTOR’s control shall satisfy all of the following conditions: (i) materially alters CONTRACTOR’s operations or overall costs; (ii) could not reasonably have been foreseen by a prudent operator; and (iii) by all reasonable expectations will continue for a period of at least six (6) months. Such changes shall not include changes in the market value of Recyclables or inaccurate estimates by the CONTRACTOR of its cost of operations. The CONTRACTOR’s request shall contain substantial proof and justification to support the need for the adjustment. For each request brought pursuant to this section CONTRACTOR shall prepare a schedule documenting the extraordinary costs. Such request shall be prepared in a form reasonably acceptable to the CITY with support for assumptions made by the CONTRACTOR in preparing the estimate. The CONTRACTOR shall also submit a schedule showing how its total costs and total revenues have changed over the past two years for the services provided under this Agreement. The CITY may request from the CONTRACTOR such further information as reasonably necessary to fully evaluate the request and make its determination. CITY may request a copy of the CONTRACTOR’s annual financial statements in connection with the CITY’s review of the CONTRACTOR’s rate adjustment request. CITY shall review the CONTRACTOR’s request and, in Board’s sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the maximum rates will be made, and, if an adjustment is permitted, the appropriate amount of the adjustment. The Board may consider increases or decreases in the CONTRACTOR’s total revenues and total cost of services when reviewing an extraordinary rate adjustment request. The CITY and the CONTRACTOR may agree to make changes in the service levels under this Agreement sufficient to avoid the need for a rate adjustment. Extraordinary rate adjustments shall only be effective after approval by the Board and may not be ...
EXTRAORDINARY RATE ADJUSTMENTS. 38.6.1 Once each Operating Year, before April 1, the Contractor may petition the Manager for a Rate adjustment on the basis of extraordinary or unusual changes in the cost of its operations that could not reasonably be foreseen by a prudent Person. Contractor’s petition shall contain a detailed justification for the Rate adjustment. Among other things, the Contractor's petition shall include an audited statement of Contractor's historical and current expenses, demonstrating that Contractor has incurred an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant that is licensed in the State of Florida and not an employee of the Contractor or its affiliates. At its expense, the City may audit the Contractor's records to evaluate the Contractor's request. The Manager may request, and upon request, the Contractor shall provide, all of the information that is reasonably necessary for the Manager to evaluate the Contractor's petition. After receiving the requested information, the Manager shall place the Contractor’s petition and the Manager’s recommendations on the agenda for one of the Commission’s public meetings. The Contractor shall be given a reasonable opportunity at the Commission’s meeting to explain the basis for its petition.
EXTRAORDINARY RATE ADJUSTMENTS. The rates set by this Agreement are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the rate adjustment provided by Section 9.3, the rates under this Agreement shall, upon written request of Franchisee or District, be further adjusted on an interim basis for increased or decreased expenses associated with performance of the services hereunder due to any one or more of the following causes: material changes in Franchisee’s costs resulting from a Force Majeure event; changes to Franchisee’s operations or the Franchise Fee or other fees required or initiated by District; Franchisee desires to provide additional new services or the District requests the Franchisee to provide any additional new services, or Franchisee desires or the District requests the Franchisee to change the method of providing, or the technology used to provide, existing services under this Agreement; any increase or decrease in disposal fees or in fees for the processing of recyclable materials if such recyclables materials are being processed at a third party facility. any change in the cost of compliance with new state or federal laws.
EXTRAORDINARY RATE ADJUSTMENTS. It is understood that the Contractor accepts the risk for changes in cost of providing Services and/or quantities and composition of materials Delivered to the Landfill, and therefore the extraordinary adjustments to Disposal Rate shall be limited to a Change in Law, or an Authority-directed change in scope of Services. If a Change in Law or Authority-directed change in scope of Services (pursuant to Section 4.20) occurs, the Contractor may petition Authority for an adjustment to the Disposal Rate in excess of the annual adjustment described in Section 5.03. Contractor shall prepare an application for the extraordinary Disposal Rate adjustment calculating the net financial effect on its operations (both increases and decreases of costs) resulting from the Change in Law or Authority-directed change in scope of Services, clearly identifying all assumptions related to such calculations and providing the underlying documentation supporting the assumptions. The application shall provide all information requested by Authority Representative specific to the nature of the request being made. Authority Representative shall evaluate the application for reasonableness. As part of that review, the Authority Representative may request access to the financial statements and accounting records required to be maintained by the Contractor (pursuant to Section 8.13.D) in order to determine the reasonableness of the Contractor’s application. Should the Contractor not grant such access, then the Authority may rely on the Contractor’s September 24, 2018 Proposal for Solid Waste Disposal and Other Materials Handling Services (and subsequent, related correspondence) and other information available to it as the basis for making reasonable assumptions regarding what those accounting and financial records would have shown and therefore the reasonableness of the Contractor’s application. Contractor shall pay all reasonable costs incurred by the Authority, including the costs of outside accountants, attorneys, and/or consultants, in order to make a determination of the reasonableness of the requested Rate adjustment. 25 May 2019 SBWMA/BFI Disposal Services Agreement 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 In the event of such an application for extraordinary Disposal Rate adjustment, it is understood that the Authority or Contractor, as the case may be, shall h...
EXTRAORDINARY RATE ADJUSTMENTS. 802 It is understood that the Contractor accepts the risk for changes in cost of providing services and the 803 service levels requested by Customers and therefore the extraordinary adjustments to Rates shall be 804 limited to a Change in Law or an Agency‐directed change in scope. If a Change in Law or Agency‐ 805 directed change in scope (pursuant to Section 3.5) occurs, the Contractor may petition Agency for an 806 adjustment to the Rates in excess of the annual adjustment described in Section 8.2. 807 Contractor shall prepare an application for the extraordinary Rate increase. Such submittal shall be 808 prepared in compliance with the procedures described in Exhibit E3 and shall provide all information 809 requested by Agency Contract Manager specific to the nature of the request being made. Contractor 810 shall pay all reasonable costs incurred by Agency, including the costs of outside accountants, attorneys, 811 and/or consultants, in order to make a determination of the reasonableness of the requested Rate 812 adjustment. The application shall clearly document the reason for the proposed adjustment, include 813 calculation of the proposed Rate adjustments, and provide supporting documentation. 814 In the event of such an application for extraordinary Rate increase, it is understood that the Contractor 815 shall have the burden of demonstrating to the reasonable satisfaction of the Agency Contract Manager 816 that the failure of Agency to adjust the Rates will result in the Contractor’s financial loss or failure to 817 achieve reasonable profitability due to the Change in Law or Agency‐directed change in scope. The 818 Contractor will have to demonstrate financial loss or a failure to achieve reasonable profitability by 819 allowing for Agency Contract Manager review of financial statements and supporting documentation. 820 The Agency Contract Manager shall have the right to request any other information that they, in their 821 sole judgment, determine is necessary to establish the reasonableness or accuracy of Contractor’s 822 request for an extraordinary Rate increase. Contractor’s failure to fully cooperate in a timely manner 823 with any reasonable request for information by the Agency Contract Manager may result in either the 824 denial of or a delay in the approval of the request for an extraordinary Rate increase 825 ARTICLE 9. 826 INDEMNITY, INSURANCE, AND PERFORMANCE 827 BOND 828 9.1 INDEMNIFICATION
EXTRAORDINARY RATE ADJUSTMENTS. Contractor may request an adjustment to its Rates at reasonable times other than that allowed in Sections 10.06 and 10.07 in the event of extraordinary changes in the cost of providing service under this Agreement.
EXTRAORDINARY RATE ADJUSTMENTS. 38.5.1 Once each Agreement Year, before April 1, the Contractor may petition the County Manager for a Rate adjustment on the basis of extraordinary or unusual changes in the cost of its operations that could not reasonably be foreseen by a prudent Person. Contractor’s petition shall contain a detailed justification for the Rate adjustment. Among other things, the Contractor's petition shall include an audited statement of Contractor's historical and current expenses, demonstrating that Contractor has incurred an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant that is licensed in the State of Florida and not an employee of the Contractor or its affiliates. At its expense, the County may audit the Contractor's records to evaluate the Contractor's request. The County Manager may request from the Contractor, and the Contractor shall provide, all of the information that is reasonably necessary for the County Manager to evaluate the Contractor's petition.
EXTRAORDINARY RATE ADJUSTMENTS. WM may increase the Base Rates every ninety (90) days to reflect WM’s actual increased costs or reduced revenue associated with performance of the services under this Agreement.
EXTRAORDINARY RATE ADJUSTMENTS. The Contractor may from time to time request an adjustment to the Rates set forth on Exhibit “B” to recover increases in the cost of operations (or lost revenue) for circumstances that are not within the reasonable control of the Contractor. Such circumstances may include, but are not limited to: (i) a change in Contractor’s operations due to Force Majeure (as defined in Paragraph 28); (ii) any change in law, statute, rule, regulation, ordinance, order, permit condition, or other requirement of any Federal, State, regional, or local government that is effective after the date of this Contract, including but not limited to increases in surcharges, fees, assessments, or taxes levied upon waste collection; (iii) changes in the scope or method of operations provided by the Contractor required, initiated, or approved by the Municipality; or (iv) designation of another approved disposal site more than ten miles away from the Landfill; or (v) changes in disposal or processing fees. The Contractor’s request shall include a report detailing the increased expenses or lost revenue associated with performance. The Municipality shall not unreasonably withhold approval of such a request and shall respond in writing to a request within 90 days following receipt of the Contractor’s request. Failure of the Municipality to respond in writing to the Contractor’s request or to conclude action on a request within 90 days shall be deemed to be an approval of the request as submitted. If the Municipality unreasonably denies the Contractor’s request, the Contractor may, in addition to other remedies, terminate this Contract within 180 days after such a denial upon 90 days’ prior written notice to the Municipality.
EXTRAORDINARY RATE ADJUSTMENTS. It is understood that the Contractor accepts the risk for changes in cost of providing Services and/or quantities and composition of materials Delivered to the Approved Processing Facilities and Approved Disposal Facility, and therefore any extraordinary adjustments to Per-Ton Rates shall be limited to circumstances arising from a Change in Law, or a City-Directed Change in Services.
