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July 15, 2024 Page 33 City of San Leandro Post Collection 4. “CPI-U” means the Consumer Price Index, All Urban Consumers, all items, not seasonally 1264 adjusted San Francisco-Oakland-San Jose Metropolitan Area compiled and published by the 1265 U.S. Department of Labor, Bureau of Labor Statistics. 1266 5. “Fuel Index” means the per-therm price for Core Natural Gas Service for Compression on 1267 customer’s Premises, Schedule G-NGV1, compiled and published by the Pacific Gas and 1268 Electric Company Analysis and Rate Department and reported monthly in its “Gas RateFinder” 1269 publication (http://www.pge.com/tariffs/GRF.SHTML). The February 2024 Fuel Index is 1270 $.1.47892 per therm, which reflects the sum of the customer charge, procurement charge, 1271 transportation charge, and public purpose program (PPP) charge for natural gas service for 1272 compression on customer’s Premises as reported by Pacific Gas and Electric Company. 1273 D. Per-Ton Rate Application. On February 1, prior to the commencement of the Rate Period for which 1274 Per-Ton Rates are to be determined (coming Rate Period), Contractor shall submit to the City 1275 Contract Manager an application requesting the adjustment of Per-Ton Rates for the coming Rate 1276 Period via mail and an electronic copy in Microsoft Excel format with all supporting schedules, 1277 formulas, and calculations via email. For example, on February 1, 2026, the Contractor shall submit 1278 its application for the adjustment of Per-Ton Rates to be effective July 1, 2026, (i.e., Rate Period 1279 Two). 1280 Such Application shall include the Rate adjustment calculation in accordance with this Section and 1281 a copy of the Per-Ton Rate schedule currently in effect. 1282 The City shall evaluate Contractor’s application for mathematical accuracy and consistency with 1283 the requirements of the Agreement and shall have the ability to require changes to the application 1284 prior to approval on the basis of the application’s mathematical inaccuracy or failure to comply 1285 with the procedures defined in the Agreement. Upon City’s agreement that the calculations are 1286 consistent with the requirements of this Agreement and are mathematically accurate, the Per -1287 Ton Rate adjustment (if any) shall be presented to the City Contract Manager and subject to the 1288 City Contract Manager’s final approval, which shall not be unreasonably withheld or delayed. 1289 E. Changes to Government Fees. In the event of changes to or new government fees that are effective 1290 at a time that does not coincide with the annual Rate adjustment, Contractor may notify the City of 1291 the expected increase to any of the Government Fees relating to the Approved Facilities. Contractor 1292 may request such an adjustment if such Government Fees were not in effect on the Effective Date, 1293 or, if in effect on the Effective Date, are increased. Contractor shall notify the City in writing thirty 1294 (30) calendar days after receiving notice of any increase in the Governmental Component to any 1295 such changes in, or imposition of Government Fees. The City may review the Contractor’s 1296 calculation of the adjusted Governmental Component and resulting adjustment of the Per-Ton Rate 1297 for a period of up to thirty (30) calendar days. During this period, the City may request, and the 1298 Contractor shall provide, supporting documentation which justifies the increase. Should the Parties 1299 be in dispute over the adjusted fees at the end of the thirty- (30-) calendar day period, no 1300 adjustment shall be made and the dispute shall be subject to Section 10.9 of this Agreement. Upon 1301 resolution of the dispute, and assuming both Parties agree on the adjustment of the Government 1302 Fee and the resulting adjustment of the Per-Ton Rate, the Contractor shall be entitled to the 1303 adjusted Per-Ton Rate payments retroactively to the effective date of the imposed Government 1304 Fee. 1305 Docusign Envelope ID: C78C62DE-8589-496F-8F5A-DEC38EE5853C