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July 2024 Page 35 City of San Leandro Post Collection invoices shall be deemed delinquent if Collection Contractor has not paid within sixty (60) calendar days 1358 of the date of the notice of late payment. Thereafter, Contractor may suspend Acceptance of City 1359 Delivered Materials from the Collection Contractor until the delinquent invoice(s) are paid in full excluding 1360 disputed amounts. The delinquent invoice shall bear interest on the unpaid balance at a rate not to exceed 1361 one and one-third percent (1 1/3%) per month or the highest rate permitted by Applicable Law, whichever 1362 is less. Contractor shall maintain copies of all billings and receipts, each in chronological order, for the 1363 Term of this Agreement, for inspection and verification by the City Contract Manager at any reasonable 1364 time but in no case more than thirty (30) calendar days after receiving a request to do so. 1365 8.3 PER-TON RATES 1366 A. General. The City shall be responsible for approving Per-Ton Rates as described in this Article. 1367 Except for the Recyclable Materials Per-Ton Rate, each Per-Ton Rate shall have two (2) components: 1368 1. The Contractor component (“Contractor Component”) which reflects the Contractor’s 1369 Compensation for the services provided under this Agreement; and 1370 2. The governmental component (“Governmental Component”) which reflects all Government 1371 Fees assessed for materials handled at the Approved Facilities or Alternative Facilities. 1372 The sum of the “Contractor Component” and the “Governmental Component” shall equal the total 1373 Per-Ton Rate. 1374 B. Rates for Rate Period One. Per-Ton Rates for Rate Period One, which are presented in Exhibit G2, 1375 were determined by Contractor and City and were approved along with the Agreement. The Rates 1376 for Rate Period One shall be effective from February 1, 2025 through June 30, 2026. 1377 C. Definitions. For the purposes of this Section 8.3, the following terms shall be defined as follows: 1378 1. “Adjustment Date” means the date at which an annual adjustment takes effect. 1379 2. “Annual Percentage Change” means the annual percentage change in any of the indices 1380 defined below calculated as described in the following paragraph. 1381 The Annual Percentage Change for a cost index shall be calculated as the Average Index Value 1382 for the most recently available twelve (12) month period ending during the then-current Rate 1383 Period minus the Average Index Value for the corresponding twelve (12) month period 1384 ending during the most recently completed Rate Period and the result of which shall be 1385 divided by the Average Index Value for the same twelve (12) month period ending during the 1386 most recently completed Rate Period. The Annual Percentage Change shall be rounded to 1387 the nearest thousandth (1,000th). 1388 For example, if the Contractor is preparing its Rate application in January of 2026 for Rates 1389 to be effective for Rate Period Two, the Annual Percentage Change in CPI shall be calculated 1390 as follows: [(Average CPI for January 2025 through December 2025) – (Average CPI for 1391 January 2024 through December 2024)] / (Average CPI for January 2024 through December 1392 2024)]. 1393 3. “Average Index Value” means the sum of the monthly index values during the most recently 1394 available twelve (12) month period divided by twelve (12) (in the case of indices published 1395 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B