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CITY OF ARDEN HILLS, MN CONTRACT FOR THE COLLECTION OF RESIDENTIAL RECYCLABLE MATERIALS Page 25 These annual counts may include additional RDUs and MDUs added due to new development, redevelopment or other such changes. 14.8 The Contract price will be multiplied by the total number of RDUs and MDUs as determined by the City to result in the monthly payment amount to Contractor. 14.9 Annual Contract Price Increase. The City agrees that the price per RDU and MDU will increase each year by the twelve- month average percentage of change in Consumer Price Index for All Urban Consumers: Water and Sewer and Trash Collection Service in the U.S. City Average as reported by the U.S. Bureau of Labor Statistics for the preceding calendar year or by five (5) percent, whichever is less. A zero percent or negative change in CPI will result in no change in the compensation rate for the respective contract year. The price change shall go into effect on May 5th of each year. The Contractor will notify the City by the last week of January the compensation rates for the subsequent contract year. In the event of substantial market change in any of the Recyclable Material Commodity prices or sustained inflation at any time during the Term of this agreement, the City or Contractor may, at eithers option and upon written notice of the other, request to reopen negotiations for the amount per month charged for Recycling Collection services. 14.10 Fees for Special Events. Equipment, labor, cleanup fees, and event dates and schedules for all special events or other services in the City shall be negotiated between the party arranging the special event and Contractor, provided, however, that Contractor shall not have exclusive rights to provide service at these events, and the parties arranging special events may contract for services with a hauler of their choice. 14.11 Change in Law Provision. The City and Walters Recycling & Refuse, Inc. agree that any change in law that materially affects the performance or pricing of the agreement will be reviewed within 30 days of such law taking affect. Both the City and Walters Recycling & Refuse, Inc. agree that following the review the parties will negotiate in good faith to return this agreement to substantially similar terms, conditions, or pricing that were present prior to change in law.