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July 15, 2024 Page 32 City of San Leandro Post Collection of the date of the notice of late payment. Thereafter, Contractor may suspend Acceptance of City 1227 Delivered Materials from the Collection Contractor until the delinquent invoice(s) are paid in full excluding 1228 disputed amounts. The delinquent invoice shall bear interest on the unpaid balance at a rate not to exceed 1229 one and one-third percent (1 1/3%) per month. Contractor shall maintain copies of all billings and receipts, 1230 each in chronological order, for the Term of this Agreement, for inspection and verification by the City 1231 Contract Manager at any reasonable time but in no case more than thirty (30) calendar days after receiving 1232 a request to do so. 1233 8.3 PER-TON RATES 1234 A. General. The City shall be responsible for approving Per-Ton Rates as described in this Article. Each 1235 Per-Ton Rate shall have two (2) components: 1236 1. The Contractor component (“Contractor Component”) which reflects the Contractor’s 1237 Compensation for the services provided under this Agreement; and 1238 2. The governmental component (“Governmental Component”) which reflects government fees 1239 assessed for materials handled at the Approved Facilities or Alternate Facilities. 1240 The sum of the “Contractor Component” and the “Governmental Component” shall equal the 1241 total Per-Ton Rate. 1242 B. Rates for Rate Period One. Per-Ton Rates for Rate Period One, which are presented in Exhibit G2, 1243 were determined by Contractor and City and were approved along with the Agreement. The Rates 1244 for Rate Period One shall be effective from February 1, 2025. 1245 C. Definitions. For the purposes of this Section 8.3, the following terms shall be defined as follows: 1246 1. “Adjustment Date” means the date at which an annual adjustment takes effect. 1247 2. “Annual Percentage Change” means the annual percentage change in any of the indices 1248 defined below calculated as described in the following paragraph. 1249 The Annual Percentage Change for a cost index shall be calculated as the Average Index Value 1250 for the most recently available twelve (12) month period of the then-current Rate Period 1251 minus the Average Index Value for the corresponding twelve (12) month period of the most 1252 recently completed Rate Period and the result of which shall be divided by the Average Index 1253 Value for the same twelve (12) month period of the most recently completed Rate Period. The 1254 Annual Percentage Change shall be rounded to the nearest thousandth (1,000th). 1255 For example, if the Contractor is preparing its Rate application in January of 2026 for Rates to 1256 be effective for Rate Period Two, the Annual Percentage Change in CPI shall be calculated as 1257 follows: [(Average CPI for January 2025 through December 2025) – (Average CPI for January 1258 2024 through December 2024)] / (Average CPI for January 2024 through December 2024)]. 1259 3. “Average Index Value” means the sum of the monthly index values during the most recently 1260 available twelve (12) month period divided by twelve (12) (in the case of indices published 1261 monthly) or the sum of the bi-monthly index values divided by six (6) (in the case of indices 1262 published bi-monthly). 1263 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C