Laserfiche WebLink
For example, if the CPI is measured as follows: October 2009 = 205, October 2010 = 204, October 2011 = <br />201, October 2012 = 208, then there would be no adjustment in July 2011, or July 2012, and an adjustment equal to <br />the change from 205 to 208 would be implemented on July 1, 2013. <br />4.2(1), Adjustments pursuant to this Section 4.2(F) shall not require compliance with the provisions of Section <br />(G) Adjustment Resulting from Increased Fees. In addition to the other adjustments specified <br />herein, the Contract Rate shall be adjusted to reflect the imposition of new fees or increase in existing fees relating <br />to the disposal of Controllable Waste imposed by state, federal or other agencies (i.e., the State's Integrated Waste <br />Management fee, which is currently $1.40 per ton). The adjustment shall be equal to the amount of any new or <br />increased fee, and the adjustment shall take effect so as to coincide with the imposition of the new or increased fee. <br />The County shall provide notice of any increase pursuant to this Section 4.2(G) as soon as practicable after <br />becoming aware of the imposition of any fees described above. <br />4.2(1). Adjustments pursuant to this Section 4.2(G) shall not require compliance with the provisions of Section <br />(H) Calculation of Cumulative Inflation Rate. For purposes of Section 4.2(A)(iv) for <br />adjustments prior to July 1, 2011, the inflation shall be calculated as the change in the CPI between July of the year <br />of calculation and July 1, 2008. Inflation shall be deemed to exceed the levels set forth below if the ratio between <br />the CPl for July for the year of calculation (calculated in accordance with the formula below) and July 2008 exceeds <br />the ratio corresponding to such year of calculation on the table below. The ratio shall be calculated in accordance <br />with the following formula: <br />(July CPI of calculation year / CPI for July 2008) <br />Year of Calculation <br />Ratio <br />Jul 12008 <br />1.0000 <br />Jul 1, 2009 <br />1.0356 <br />Jul 1 2010 <br />1.0723 <br />In the event the CPI is no longer published during the term of this Agreement, such other index identified by the <br />Bureau of Labor Statistics or otherwise generally accepted as a replacement for CPI shall be used for purposes of <br />this Agreement. In the event of an adjustment to the Contract Rate pursuant to this section 4.2(H), such adjustment <br />shall be applied to the Contract Rate effective until June 30, 2010, and the Contract Rate effective July 1, 2010. <br />4.2(I). Adjustments pursuant to this Section 4.2(H) shall not require compliance with the provisions of Section <br />(1) Propedure for Rate Adjustments. In the event the County determines that it is entitled to <br />an adjustment of the Contract Rate pursuant to Section 4.2(A) (other than 4.2(A)(iv)) or Section 4.2(B), it shall <br />utilize the procedures described in this Section 4.2(I). The County shall be required to provide the City with at least <br />90 days prior written notice of the adjustment, which notice shall identify the specific event(s) or circumstances <br />which require the adjustment. The notice shall also specify the earliest date on which the County Board of <br />Supervisors shall consider the proposed adjustment. At least 45 days prior to such meeting of the Board of <br />Supervisors, the County shall provide the City with a report which shall contain the following information: a <br />description of the specific event(s) or circumstances which require the adjustment; a description (including cost <br />estimates) of any activities (which may include, but not be limited to capital improvements to the Disposal System) <br />required in order to remedy such event or circumstance; certification by the County that it has implemented the <br />remedies described in Section 4.2(A) or (B) prior to requiring the rate adjustment; and a description of the <br />methodology used by the County to calculate the adjustment to the Contract Rate (hereinafter the "County Report"). <br />In the event the City disputes the adjustment, it shall provide the County with a written description of the reason for <br />the dispute at least 10 days prior to the meeting of the Board of Supervisors identified in the initial notice of the <br />County (hereinafter the "City Report"). The City Report shall be provided to the Board of Supervisors for <br />18 <br />Ececuflon Copy <br />August 17, 2021 6 - 27 City of Santa Ana <br />