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Complete_with_Docusign_San_Leandro_and_ACI_C
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CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
8/19/2024
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<br />July 15, 2024 Page 43 City of San Leandro/ACI Franchise Agreement <br />7.2 CONTRACT ADMINISTRATION REIMBURSEMENT 1702 <br />The Contractor shall pay a Contract Administration Reimbursement to City each quarter. During the Term 1703 <br />of this Agreement and any extension of it, Contractor shall remit to the City on a quarterly basis one-1704 <br />fourth (1/4th) of the annual amount of the Contract Administration Reimbursement. City shall use the 1705 <br />Contract Administration Reimbursement to offset expenses including staffing costs related to City 1706 <br />programs, pilot studies, education and outreach campaigns, technical assistance to Customers, reporting, 1707 <br />compliance, provision of special Containers, or other activities involved in compliance with regulations 1708 <br />governing the treatment of Discarded Materials (including but not limited to AB 939 and SB 1383). The 1709 <br />City shall retain the sole right to set priorities for the use of its Contract Administration Reimbursement. 1710 <br />This reimbursement shall be considered an allowable cost of business not subject to profit mark-up and 1711 <br />included in the adjustment of Rates as described in Exhibit E. 1712 <br />7.3 VEHICLE IMPACT REIMBURSEMENT 1713 <br />The Contractor shall pay a Vehicle Impact Reimbursement to City each quarter. Contractor shall remit to 1714 <br />the City on a quarterly basis one-fourth (1/4th) of the annual amount of the Vehicle Impact 1715 <br />Reimbursement. This reimbursement is to reimburse the City for street and sidewalk maintenance costs 1716 <br />incurred from Collection vehicles operating on City streets. This fee shall be considered an allowable cost 1717 <br />of business not subject to profit mark-up and included in the adjustment of Rates as described in Exhibit 1718 <br />E. 1719 <br />7.4 OTHER REIMBURSEMENTS 1720 <br />The City shall reserve the right to set "other" reimbursements, as it deems necessary. The amount, time 1721 <br />and method of payment, and adjustment process will be set in a manner similar to that for other 1722 <br />reimbursements described in this Article. 1723 <br />7.5 ADJUSTMENT TO REIMBURSEMENTS 1724 <br />City may set other reimbursements or adjust the reimbursements established in this Article (other than 1725 <br />the Franchise Fee) from time-to-time during the Term of this Agreement and such other reimbursements 1726 <br />and adjustments shall be considered an allowable cost of business not subject to profit mark-up and 1727 <br />included in the adjustment of Rates as described in Exhibit E. 1728 <br />7.6 PAYMENT SCHEDULE AND LATE FEES 1729 <br />Within twenty-five (25) calendar days of the end of each calendar quarter, during the Term of this 1730 <br />Agreement, Contractor shall remit to City all reimbursements as described in this Article. Such 1731 <br />reimbursements shall be remitted to City and sent or delivered to the City Contract Manager. If such 1732 <br />remittance is not paid to City on or before the twenty-fifth (25th) calendar day following the end of a 1733 <br />calendar quarter, all reimbursements due shall be subject to a delinquency penalty of two percent (2%), 1734 <br />or maximum permitted by law, which attaches on the first (1st) day of delinquency. The delinquency 1735 <br />penalty shall be increased an additional two percent (2%), or maximum permitted by law, for each 1736 <br />additional month the payment remains delinquent. 1737 <br />Each quarterly remittance to City shall be accompanied by a statement listing the amount of each 1738 <br />reimbursement paid and the calculation of each reimbursement. City Contract Manager may, at any time 1739 <br />during the Term, request a detailed calculation of Gross Receipts which may include, but is not necessarily 1740 <br />Docusign Envelope ID: 908A450D-1F36-4C09-B8A4-C1D639B5A05A
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