25F - AGMT EXTENSION OF THE SOLID WASTE SERVICES

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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 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. (e) AB 1826 SURCHARGE: Adjustments to the AB 1826 surcharge are defined in Section 10 c. 30. 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 for purposes of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall require an inspection by the CITY prior to a determination of the charges which may be imposed. The decision of the Executive Director in respect to these charges shall be final. A brief explanation of each special service charge must be included on every Customer's billing. (c) In the event the CONTRACTOR is unable to provide temporary service to any Customer within five (5) calendar days after receipt of a call by such Customer, the Executive Director may permit any other licensed hauler to provide temporary service to such Customer if, but only if, CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable notification by the Executive Director to CONTRACTOR. 31. MINIMUM SERVICE LEVELS - MULTI -FAMILY RESIDENTIAL BUILDINGS: (a) CITY shall require that all residential buildings with three or more dwelling units be served by Bin Service, except that CITY may waive such requirement for any residential buildings with four (4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units existing on February 23, 1983, upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. The CONTRACTOR shall provide bin containers of such capacity and collections of such frequency for residential buildings required to have Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be made at least once per week. CONTRACTOR shall comply with any request by the Executive Director to change the scheduled collection days for Residential Bin Service Customers, which is designed to promote 25F-34