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July 2024 Page 37 City of San Leandro Post Collection E. Changes to Government Fees. In the event of changes to or new Government Fees that are effective 1437 at a time that does not coincide with the annual Rate adjustment, Contractor may notify the City of 1438 the expected increase to any of the Government Fees relating to the Approved Facilities. Contractor 1439 may request such an adjustment if such Government Fees were not in effect on the Effective Date, 1440 or, if in effect on the Effective Date, are increased. Contractor shall notify the City in writing thirty 1441 (30) calendar days in advance of any increase in the Governmental Component to any such changes 1442 in, or imposition of Government Fees. The City may review the Contractor’s calculation of the 1443 adjusted Governmental Component and resulting adjustment of the Per-Ton Rate for a period of up 1444 to thirty (30) calendar days. During this period, the City may request, and the Contractor shall 1445 provide, supporting documentation which justifies the increase. Should the Parties be in dispute 1446 over the adjusted fees at the end of the thirty- (30-) calendar day period, no adjustment shall be 1447 made and the dispute shall be subject to Section 10.9 of this Agreement. Upon resolution of the 1448 dispute, and assuming both Parties agree on the adjustment of the Government Fee and the 1449 resulting adjustment of the Per-Ton Rate, the Contractor shall be entitled to the adjusted Per-Ton 1450 Rate payments retroactively to latter of the end of the thirty- (30-) calendar day notice period or 1451 the effective date of the imposed Government Fee. 1452 8.3.1 Transfer and Transport Rates 1453 A. Initial Rates. The initial Transfer and Transport Rate, effective on the Commencement Date, shall 1454 be comprised of the Contractor Component and the Governmental Component. The Contractor 1455 Component of the Per-Ton Rate shall be comprised of two cost categories: the Transfer operations 1456 category and the fuel category. The Transfer operations category shall include costs related to the 1457 Contractor’s Transfer operations, excluding fuel costs. The fuel category shall include Contractors’ 1458 fuel costs related to the Transport of materials from the Approved Transfer Facility to the Approved 1459 Processing or Disposal Facilities. Initial Transfer and Transport Rates for each City Delivered Material 1460 shall be as follows: 1461 1. Organic Materials. The initial Contractor Component of the Organic Materials Transfer and 1462 Transport Rate is $73.81 per Ton. The Contractor Component is comprised of the Transfer 1463 operations category, $67.54 per Ton, and the fuel category, $6.27per Ton. The initial 1464 Governmental Component of the Organic Materials Transfer and Transport Rate is $0 per Ton. 1465 3. Solid Waste. The initial Contractor Component of the Solid Waste Transfer and Transport Rate 1466 is $72.61 per Ton. The Contractor Component is comprised of the Transfer operations 1467 category, $66.44 per Ton, and the fuel category, $6.17 per Ton. The initial Governmental 1468 Component of the Solid Waste Transfer and Transport Rate is $0 per Ton. 1469 B. Adjustments. The Per-Ton Rate for Transfer and Transport for all Rate Periods following Rate Period 1470 One shall be adjusted annually commencing with the first adjustment that shall be effective on July 1471 1, 2026. The Per-Ton Rate adjustment shall be performed in accordance with this Section. 1472 P = ((A x (1+B)) +(C x (1+D))) + E 1473 A = The Transfer operations category of the Contractor Component in effect immediately 1474 prior to the Adjustment Date. 1475 B = The Annual Percentage Change in the CPI-U. 1476 C = The fuel category of the Contractor Component in effect immediately prior to the 1477 Adjustment Date. 1478 Docusign Envelope ID: DD1D0F3A-E7BC-4C69-8F25-5A59BD356B1B