WASTE MANAGEMENT, INC. (NOW USA WASTE OF CA, FORMERLY GREAT WESTERN RECLAMA

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(2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for curbside service shall be adjusted annually, using the CPI and PPI adjustment fonnula set forth in subsection (a)(1) above without limitation; provided, however, that adjustments pennitted to the Hauling and Processing Charges during this time period shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (3) BIN SERVICE AND ROLL -OFF SERVICE: From July 1, 1997 until the termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll -Off Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection (a)(1) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll -Off Service shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site occur during the tern of this Agreement, CONTRACTOR shall be permitted to pass through to both its Bin Service Customers and its Roll -Off Service Customers and CITY shall pass through to its Curbside Service Units one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in Gate Fees become effective on July 1 st of any year, the parties agree to utilize the tonnages from the previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site. (c) SOLID WASTE FRANCHISE FEE: Should any increase or decrease in the Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to Bin Service Customers and its Roll -Off Service Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste franchise fee which CONTRACTOR is required to pay to the CITY pursuant to Section 10 herein. (d) SMART FEES: Notwithstanding any provision of this Section 27 to the contrary, the SMART Fees (as defined in Section 7 of Exhibit "C" herein), shall not be subject to adjustment by CPI, PPI or any other index. Rather, the SMaRT Fees may be adjusted annually, in accordance with the SMaRT Program, not to exceed a maximum amount of five (5%) percent per annum. 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS: (a) The CONTRACTOR may enter into agreements with Bin Service Customers for special collection services different from, in addition to, or greater than the minimum collection services required by this Agreement. The special fees which CONTRACTOR may charge Bin Service Customers are set forth on attached Exhibit "C." (b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further, CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse 19