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<br /> (7:1'" <br /> assignment not in conformance with this provision will be null and void as to the City. A <br /> fee of $1 00.00 per contract, per request, will be charged to BF! 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 /> 3.4 MODIFICATION OF RATES <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, BF! will send the City a comparative <br /> statement setting out for both the All Items Index and the Gasoline Index: <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 ~asoline Index; and <br /> b. the increase or decrease in the fees which may be charged by BF!. <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 /> 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 BFl'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 /> 15 <br />