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<br />I <br /> <br />I <br /> <br />assignment not in conformance with this provIsion will be null and void as to the City. A <br />fee of $100.00 per contract, per request, will be charged to BFI for administrative costs in <br />processing each assignment under this paragraph. Upon payment of such fee to the City, <br />the contract will be modified to reflect the changed payee name and address. <br /> <br />3.4 MODIFICATION OF RATES <br /> <br />3.4.1 The fees which may be charged by BFI for the second and subsequent years of <br />the contract term may be adjusted upward or downward to reflect the net percentage <br />change from the previous year in the Consumer Price Index for Urban Wage Earners and <br />Clerical Workers (all items), and the Consumer Price Index for Urban Wage Earners and <br />Clerical Workers, Expenditures Category "Gasoline," both as published by the United <br />States Department of Labor, Bureau of Labor Statistics. The fees may be increased or <br />decreased in a percentage amount equal to 90 percent of the net percentage change of <br />the All Items Index plus 10 percent of the net percentage change of the Gasoline Index. <br /> <br />3.4.2 June 1 of each year of this Contract will be the R ate Modification Index Date. As <br />soon as possible after a Rate Modification Index Date, BFI will send the City a comparative <br />statement setting out for both the All Items Index and the Gasoline Index: <br /> <br />a. the composite percentage change equal to the net percentage change in the <br />All Items Index plus the net percentage change in the Gasoline Index; and <br /> <br />b the increase or decrease in the fees which may be charged by BFI. <br /> <br />The rate change based on this information will be implemented by an amendment to this <br />Contract effective on the next ensuing anniversary date of this Contract. <br /> <br />3.4.3 In addition to the above, BFI may petition the City for additional rate and price <br />adjustments at reasonable times based on Increases in cost of operations, caused by <br />factors such as revised laws, ordinances, regulations, changes in disposal sites, disposal <br />costs, and for other similar reasons. BFl's petition will specifically identify the reasons for <br />the requested adjustment, and its impact upon BFI's cost of operations, in unit terms, with <br />an explanation of the methodology used to calculate such impact. The City may request <br />additional information it considers necessary to evaluate the requested adjustment. The <br />City may grant such adjustments through amendments to the contract. If BFI and the City <br />do not agree on any rate increase requested by BFI, BFI may elect to continue the contract <br />at the current rate or may terminate the contract effective upon three hundred sixty-five <br />(365) calender days written notice. No such failure to approve will relieve the City from any <br />obligation under the contract to Increase rates. <br /> <br />15 <br />