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<br />13.02 <br /> <br />13.03 <br /> <br />13.04 <br /> <br />13.05 <br /> <br />e <br /> <br />e <br /> <br />MODIFICATION OF RATES - The Contractor and the City <br />hereby agree that the fees for such refuse collection and <br />disposal service as provided in Exhibit A, Band C shall <br />be binding upon both parties for the first year of the <br />Contract, that is from November 1, 1995 through October <br />31, 1996. In the event that the Contractor determines <br />that an increase in such collection and disposal fees is <br />required due to an increase of specific costs incurred by <br />the Contractor in providing such services, then the <br />Contractor shall submit, in writing, to the City on or <br />before July 15, 1996, and subsequent years, its proposal <br />for increased fees and all supporting data related <br />thereto, and such proposed increases shall be approved in <br />accordance with Paragraph 13.03 and 13.04, with a maximum <br />annual rate increase as defined in Paragraph 13.05. <br /> <br />ANNUAL COST OF LIVING ADJUSTMENT - Beginning November 1, <br />1996, and in subsequent years thereafter, there shall be <br />a cost of living adjustment of the base rates. The base <br />rate for commercial container service shall include <br />collection, transport and disposal costs. The base rate <br />for roll-off service and special collections shall <br />include collection and transport costs. The annual cost <br />of living adjustment shall be calculated by multiplying <br />the base rate by a fraction, the denominator of which <br />shall be the April 1995 Consumer Price Index for all <br />Urban Consumers (CPI-U), all items, U.S. City Average, <br />and the numerator of which shall be the CPI-U for all <br />items, U.S. City Average for April 1996, and subsequent <br />dates of adjustment. <br /> <br />DISPOSAL COSTS - The rate for roll-off service and <br />special collection shall be increased annually to reflect <br />increases in landfill disposal costs, but shall not <br />exceed the current Type IV rate paid by the City for <br />disposal of Type IV trash. <br /> <br />MAXIMUM ANNUAL RATE INCREASE - Regardless of the actual <br />cost increase incurred by the Contractor in a given <br />period, as defined in 13.03 and 13.04, the City shall <br />never incur an increase greater than four percent (4%) of <br />the prevailing base rate in any Contract year. Provided, <br />however, any fees, in addition to current State fees, <br />imposed on all Disposal sites within a 25 mile radius of <br />the City, by any local, state, federal or other <br />regulatory agencies shall be passed to the City as they <br />become effective. Such rate increase shall be in <br />addition to and separate from any annual rate increase <br />provided for in Paragraphs 13.03, 13.04 and 13.05. <br /> <br />PAGE 13 OF 21 <br />