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<br />13.02 <br /> <br />13.03 <br /> <br />13.04 <br /> <br />13.05 <br /> <br />e <br /> <br />, <br /> <br />MODIFICATION OF RATES - The Contractor and the City <br />hereby agree that the fees for such refuse collection <br />and disposal service as provided in Exhibit A shall be <br />binding upon both parties for the first two (2) years <br />of the Contract, that is from November I, 1990 through <br />October 31, 1992. In the event that the Contractor <br />determines that an increase in such collection and <br />disposal fees is required due to an increase of <br />specific costs incurred by the Contractor in providing <br />such services, then the Contractor shall submit, in <br />writing, to the City on or before June 1, 1992, and <br />subsequent years, its proposal for increased fees and <br />all supporting data related thereto, and such proposed <br />increases shall be approved in accordance with <br />Paragraph 13.03 and 13.04, with a maximum annual rate <br />increase as defined in Paragraph 13.05. <br /> <br />ANNUAL COST OF LIVING ADJUSTMENT - Beginning November <br />1, 1992, and in subsequent years thereafter, there <br />shall be a cost of living adjustment of the base rates. <br />The annual cost of living adjustment shall be <br />calculated by multiplying the base rate by a fraction, <br />the denominator of which shall be the April 1990 <br />Consumer Price Index for all Urban Consumers (CPI-U), <br />all items, U.S. City Average, and the numerator of <br />which shall be the CPI-U for all items, U.S. City <br />Average for April 1992, and subsequent dates of <br />adjustment. <br /> <br />DISPOSAL COSTS - The base rate shall be increased <br />annually to reflect increases in disposal costs, but <br />the maximum annual rate increase for disposal costs <br />shall be $0.25 per billable cubic yard. <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%) <br />of the prevailing base rate in any Contract year. <br />Provided, however, any disposal fees, in addition to <br />current fees, imposed on all Type I Disposal Sites <br />within a 25 mile radius of the City, by any local, <br />state, federal or other regulatory agencies shall be <br />passed to the City as they become effective. Such rate <br />increase shall be in addition to and separate from any <br />annual rate increase provided for in Paragraphs 13.03, <br />13.04 and 13.05. <br /> <br />PAGE 13 OF 21 <br />