MODIFICATION TO RATES. The Contractor may submit a written request for modification to fees on or before July 1st, 2019 and every July 1st thereafter. If Contractor fails to submit a written request for modification to rates on or before July 1st, Contractor waives the right for a modification to rates. All fees in Exhibit “1” shall remain fixed from the execution of this Contract through October 1st, 2020.
MODIFICATION TO RATES. (a) The fees which may be charged by the Contractor for the second and subsequent years of the term hereof shall be adjusted upward or downward to reflect changes in the cost of operations, as reflected by fluctuations in the Consumer Price Index for Urban Wage Earners and Clerical Workers (All Items) and the Consumer Price Index for Urban Wage Earners and Clerical Workers, Expenditures Category “Gasoline”, both as published by the U.S. Department of Labor, Bureau of Labor Statistics. All to be for Southeastern Region. As of the last month of the first year of the Contract and every twelve months thereafter (the “Rate Modification Date”) the fees shall be increased or decreased for the ensuing twelve month period in a percentage amount equal to 100 percent of the net percentage change of the All Items Index Plus 10 percent of the net percentage change of the Gasoline Index. All percentage changes are to be computed as the difference between the index values for the first full month prior to the commencement of the Contract.
(b) As soon as possible after a Rate Modification Date, Contractor shall send to the City a comparative statement setting out for both the All Items Index and the Gasoline Index: (i) the index value on the first full month prior to commencement of the Contract; (ii) the index value on the Rate Modification Date preceding the date of the statement; (iii) the net percentage change in the All Items Index plus the net percentage change in the Gasoline Index; and (v) the increase or decrease in the fees to be charged by the Contractor. On the next billing date after the receipt of the comparative statement, the City shall pay to the Contractor or the Contractor shall credit to the City, as the case may be, a lump sum equal to any increase or decrease applicable to that portion of the current period which has elapsed and, thereafter, the fees charged by the Contractor shall be modified to reflect any change until a different comparative statement is received by the City.
(c) In addition to the above, the Contractor may petition the City at any time for additional rate and price adjustments at reasonable times on the basis of unusual changes in its cost of operations, such as revised laws, ordinances, or regulations; changes in location of disposal sites; an increase in the number of Residential Units as set forth in paragraph 13 of the Information to Bidders, such as City growth or annexation; and for other reasons.
MODIFICATION TO RATES. (a) In addition to the above and upon notice, Yoakum may adjust upward Cuero’s rates due to increase compaction rates or due to unusual changes in its cost of operation, such as fuel, revised laws, ordinances, or regulations, changes in location of disposal sites or changes in disposal charges, and for other reasons.
(b) The rates will be adjusted by Cuero’s proportionate share of any change in expenditures (whether capital or operational) required solely by Federal, State or Local law, regulation, rule, ordinance, order, permit condition or change by the disposal facility that becomes effective after the Effective Date of this Contract, and that was not imposed as a penalty or sanction because of action or inaction of Yoakum to comply with a legal requirement. The same shall exist for any fees, taxes or assessments imposed by Federal, State or Local government. Yoakum shall furnish Cuero with calculations showing the basis for any such adjustment.
MODIFICATION TO RATES. The charges per residence shall be adjusted annually to reflect changes in the cost of doing business as measured by the Consumer Price Index (All Urban Consumers, All Garbage and Trash Collection, US Town average Index). The first adjustment shall be made for the year beginning, July 1, 2017 and shall use the February 2017, Consumer Price Index as compared to the February 2016, Consumer Price Index, to compute the rate adjustment. The February, Consumer Price Index shall also be used in each subsequent year. In addition, the charges may be adjusted annually effective July 1 of each calendar year to reflect changes in the number of residential units eligible for collection. Also, the Contractor may petition the City for additional rate adjustments at reasonable times on the basis of unusual changes in its costs of operations, such as revised laws, ordinances, or regulations; or changes in the amount of processing required to market the materials.
MODIFICATION TO RATES a) Contractor rates to the City are listed in “Attachment A”. In any renewal term, contract rates will continue to increase annually by the same percentage as indicated in the preceding five (5) year(s), unless alternative rates are agreed to by both parties.
b) Commercial rates will be established by the Contractor matching the commercial customer’s existing rate for the first year of the contract. During the first year of the Agreement, the Contractor will negotiate with the City a standard commercial rate schedule for years two (2) through five (5). If the City and Contractor cannot come to an agreement on Commercial rates for years two (2) through five (5), then the City will have the right to discontinue the Commercial Franchise Agreement. If the Commercial Franchise Agreement is discontinued, then the contractor will begin to bill the City directly for residential Compost collection.
c) The Contractor may petition the City, and being subject to City approval, at any time for additional rate and price adjustments due to unusual changes in its cost of operations, such as revised laws, ordinances, or regulations; increases in the cost of doing business, such as but not limited to increases in fuel, insurance, etc.
d) The rates will be adjusted by the City’s proportionate share of any changes in expenditures (whether capital or operational) required solely by Federal, State, or Local law, regulation, rule, ordinance, order, permit or permit condition that becomes effective after the Effective Date of this Contract, and that was not imposed as a penalty or sanction because of action or inaction of Contractor to comply with a legal requirement. The same shall exist for any fees, taxes or assessments imposed by Federal, State or Local government. The Contractor shall furnish the City with calculations showing the basis for any such adjustment at least sixty (60) days before implementation.
MODIFICATION TO RATES. 394 a) Contractor rates to the City are listed in “Attachment A”. 395 In any renewal term, contract rates will continue to increase annually by the 396 same percentage as indicated in Attachment A, unless alternative rates are 397 agreed to by both parties. 398
MODIFICATION TO RATES. Contractor shall increase the rates for service effective on each anniversary of the effective date of this Contract as set forth in Exhibit C.
MODIFICATION TO RATES. The Authority agrees to pay and the Contractor agrees to accept, in full consideration of the performance of the Contractor’s obligations, compensation to be computed as follows:
1. For Residential and Commercial Solid Waste collection, the amount set forth on Exhibit “B” attached hereto.
MODIFICATION TO RATES. Contractor shall submit a written request for modification to rates on or before June 1, 2025, and every June 1st thereafter. Requests for modification to rates are subject to the consideration and approval of the City Council. If Contractor fails to submit a written request for modification to rates on or before June 1st, Contractor waives the right for a modification to rates for that year. All costs proposed in Exhibit B shall remain fixed from the execution of this Contract through October 1, 2025. On October 1, 2025, and every October 1st thereafter for the term of this Contract, all cost of collection services, excluding costs associated with Carts, costs associated with Containers, costs of disposal, and costs of processing and marketing, shall be adjusted, increases or decreased, according to this section. City shall not adjust the monthly cost of Carts during neither the initial term of the Contract nor any renewal term. The annual adjustment shall be a composite of two indices, including the Consumer Price Index– All Urban Consumers (“CPI”) and the Diesel Fuel price index by the United States Department of Energy (DOE). A description of the indices and the weighting of each are as follows:
(a) CPI – 80 percent The CPI adjustment shall be based on the most recent CPI, Houston- Galveston- Brazoria, TX, for All Urban Consumers, less energy, Not Seasonally Adjusted, Base Period December 1983 = 100 (published by the United States Bureau of Labor Statistics, Consumer Price Index) from the most recent April to the preceding April.
(b) Diesel Fuel price index by the DOE – 20 percent The Diesel Fuel price index by the DOE adjustment shall be based on the most recent price as of April 1st and change from year ago for Diesel Fuel (cents per Gallon), U.S.
MODIFICATION TO RATES
