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Roll -Off Service shall be calculated at seventy five (75 %) percent of the CPI with a five (5 %) <br />percent maximum adjustment and a zero 00/c percent minimum adjustment per year. <br />(b) GATE FEES: Should any increase or decrease in the Cate Fees charged by a <br />Disposal Site occur during the tern of this Agreement, CONTRACTOR shall be permitted to pass <br />through to both its Bin Service Customers and its Roll-Off Service Customers and CITY shall pass <br />through to its Curbside Service'Units one hundred (100 %) percent of such increase or decrease in <br />the Gate Fees for that portion of the Solid Waste which is taken to the Disposal Site, CITY shall <br />pass through to CONTRACTOR such increase or decrease in its curbside service payments to <br />CONTRACTOR, Should a change in Cate Fees become effective on July 1st of any year, the <br />parties agree to utilize the tonnages from the previous calendar year to determine the percentage <br />of Solid Waste that is taken to the Disposal Site. <br />(c) SOLID WASTE FRANCHISE FEE: Should any increase or decrease in the <br />Hauling and Processing Charge, or the Cate Fees occur during the term of this Agreement, <br />CONTRACTOR shall be permitted to pass through to Bin Service Customers and its Roll -Off <br />Service Customers the corresponding increase or decrease incurred by CONTRACTOR for the <br />Solid Waste franchiso fee which CONTRACTOR is required to pay to the CITY pursuant to <br />Section 10 herein. <br />(d) SMART FEES: Notwithstanding any provision of this Section 27 to the contrary, <br />the SMaRT Fees (as defined in Section 7 of Exhibit "C" herein), shall not be subject to adjustment <br />by CPT, PPI or any other index, Rather, the Smart Fees may be adjusted annually, in accordance <br />with the SMaRT Program, not to exceed a maximum amount of five (5 %) percent per annum,. <br />28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS. <br />(a) The CONTRACTOR may enter into agreements with Bin Service Customers for <br />special collection services different from, in addition to, or greater than the minimum collection <br />services required by this Agreement, The special fees which CONTRACTOR may charge Bin <br />Service Customers are set forth on attached Exhibit "C:' <br />(b) CONTRACTOR shall not be permitted to charge a special fee fox moving a bin <br />from between buildings, other than the fees permitted as set forth on attached Exhibit "C ". Further, <br />CONTRACTOR, may not charge a fee when it is required to move its vehicles in reverse for <br />purposes of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit <br />"C" shall require an inspection by the CITY prior to a determination of the charges which may be <br />imposed. The decision of the Executive Director in respect to these charges shall be final. A brief <br />explanation of each special service charge must be 'included on every Customer's billing. <br />(c) In the event the CONTRACTOR is unable to provide temporary service to any <br />Customer within five (5) calendar days after receipt of a call by such Customer, the Executive <br />Director may permit any other licensed hauler to provide temporary servica to such Customer if, <br />but. only if, CONTRACTOR has not provided such service within twenty -four (24) hours after <br />reasonable notification by the Executive Director to CONTRACTOR. <br />19 <br />65A -30 <br />