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2008-320
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2008-320
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Last modified
4/2/2019 2:04:28 PM
Creation date
10/1/2015 12:41:53 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Third Amendment
Approved Date
09/23/2008
Control Number
2008-320
Agenda Item Number
15.B.1
Entity Name
Waste Management Inc. of Florida
Subject
Third Amendment Franchise Agreement Part 2 Parking and Storing Vehicles
Area
Solid Waste Disposal District
Alternate Name
Waste Collection SWDD
Supplemental fields
SmeadsoftID
7620
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New rate $14.88. The following example shows the adjustment if the Fuel component <br />would be significantly negative. <br />Collection Rate <br />Component <br />Actual <br />Rate <br />Collection <br />Rate <br />$14.32 <br />Source <br />of Index <br />Adjusted <br />Rate <br />Change <br />effective <br />CPI <br />90% <br />$12.89 <br />CPI -All Items <br />4.00% <br />$13.41 <br />Oct.1 <br />Fuel and Oil <br />10% <br />$1.43 <br />(Average), Lower <br />3.00% <br />$ 1.47 <br />Oct. 1 <br />Atlantic No, 2 Ultra <br />Low Sulfur Diesel <br />Retail Sales by All <br />Sellers <br />New rate $14.88. The following example shows the adjustment if the Fuel component <br />would be significantly negative. <br />Collection Rate <br />Component <br />Actual <br />Rate <br />Source <br />% Change <br />of Index <br />Adjusted <br />Rate <br />Change <br />effective <br />CPI <br />$13.41 <br />Same <br />4.0% <br />$13.95 <br />Oct.1 <br />Fuel and Oil <br />$1.47 <br />Same <br />-8.0% <br />$1.35 <br />Oct.1 <br />New rate $15.30, however, the CPI Collection Rate Component guarantee set forth in <br />section 12.3 results in a new rate of $15.36. <br />12.5. Change of Law. The parties understand and agree that: (a) the Florida Legislature <br />from time to time has made comprehensive changes in Solid Waste management <br />legislation; and (b) changes in law in the future, whether federal, state or local, that <br />mandate certain actions or programs may require changes or modifications in some of the <br />terms, conditions or obligations under this Agreement. Nothing contained in this <br />Agreement shall require any party to perform any act or function contrary to law. To the <br />extent that any law effective after October 1, 2008 is in conflict with, or requires changes <br />in, the provision of services under this Agreement, the parties agree to enter into <br />good -faith negotiations to determine whether the Franchisee's rates should be adjusted as <br />a result of a change in law. <br />12.6. Limitation on Rate Changes. The Franchisee shall not be allowed a rate increase <br />for any reason other than those expressly specified in this Agreement. Notwithstanding <br />the foregoing, in the event that a federal, state or local entity imposes a fee, charge or tax <br />after October 1, 2008 the{ applies to Franchisee's operations per se, such fee, charge, c <br />tax shall be treated as a change in law and shall be passed through as a separate billed <br />item after notice to, and confirmation by, the District. <br />12.7. Requirement for Public Hearing for Rate Adiustment. Section 12.3 of the <br />Agreement contained a procedure for the Franchisee to seek an adjustment of any <br />charges established and approved by the Board, other than the CPI Changes in Rates set <br />forth in former section 12.0 of the Agreement. The procedure involved: (a) written notice <br />by Franchisee to the District, setting forth the schedule of rates and charges which it <br />proposes and a written justification for the request; (b) a request for a public hearing <br />submitted to the District with supporting data for review and presentation to the Board, (c) <br />.a public hearing held by the Board on the request, and (d) a determination by the Board <br />whether the adjustment in charges was necessary and justified under the circumstances <br />E <br />
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