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Agmt79 SM Scavenger - BFI
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Agmt79 SM Scavenger - BFI
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Last modified
7/5/2005 2:33:15 PM
Creation date
1/12/2004 11:12:21 AM
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Agreement
Contractor Name
San Mateo Co. Scavenger Co - Browning-Ferris BFI
RMP File Number
702-02 bin 12
Date
7/30/1979
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sixty (60) day period, City shall appoint an arbitrator to <br />represent City, and shall forthwith notify Company pursuant to <br />Section 24 hereof of such appointment, specifying the name of <br />the arbitrator and the two arbitrators will appoint a third <br />arbitrator. The three arbitrators shall determine the dispute <br />in the time and manner in this paragraph hereinafter set forth. <br /> <br /> (e) Upon receipt of Company's annual financial reports, <br />City may determine that the operating costs shall have decreased <br />below the 93 percent of service revenue allocated therefor~ based <br />on the aforesaid factor. In this event, City shall transmit <br />to Company a proposed new rate schedule. If Company so desires <br />it may within sixty (60) days after receipt of such notice, <br />agree to the proposed decrease. If it so agrees Company shall <br />forthwith notify City in writing, and a new rate schedule shall <br />become effective for the calendar month next succeeding receipt <br />by City of the notice. <br /> <br /> If Company does not so agree within sixty (60) days after <br />receipt of such notice, substantially the same procedure shall <br />be taken for arbitration as prescribed in this paragraph in the <br />case of a proposed increase in rates. <br /> <br /> In the event that any of the matters specified in this <br />paragraph go to arbitration, the arbitratc.rs shall determine <br />whether or not the facts warrant a change in the rate schedule, <br />and, if they so determine, the arbitrators shall specify the <br />new schedule. The laws of the State of California regarding <br />arbitration, insofar as applicable, shall govern any arbitration <br />under this paragraph. <br /> <br /> The arbitrators may examine evidence and witnesses and <br /> shall have access to all books, records and accounts of Company. <br /> The decision of at least two of the three arbitrators as to <br /> the increase or decrease in rates as to any new rate schedule, <br /> shall be final and binding on City and Company. The decision <br /> <br /> -9- <br /> <br /> <br />
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