RES 2025015 - Laserfiche WebLink

April 1, 2025 39 City of Pleasanton/GreenWaste Recovery, LLC Contractor shall submit all payments to the City quarterly. Contractor is prohibited from withholding or offsetting 1497 payments to the City and/or any Designated Facility(ies) as a remedy for any dispute under this Agreement. 1498 ARTICLE 8 1499 CONTRACTOR COMPENSATION AND RATE SETTING 1500 8.1 Overview 1501 Contractor’s compensation for performance of its obligations under this Agreement shall be Contractor Revenue. 1502 Contractor Revenue shall be the full, entire, and complete compensation due to Contractor pursuant to this 1503 Agreement to cover Contractor’s costs for all labor, equipment, materials and supplies, Facility fees, payments and 1504 fees due to the City, taxes, insurance, bonds, overhead, Acceptance, Recycling, Processing, Diversion, Residue 1505 Disposal, operations, profit, and all other things necessary to perform all the Services required by this Agreement in 1506 the manner and at the times prescribed. 1507 If Contractor’s actual costs, including fees due to the City, are more than Contractor’s Revenue for Services rendered 1508 by Contractor under this Agreement, Contractor shall not be compensated for the difference between actual costs 1509 and actual Contractor Revenue for Services rendered by Contractor under this Agreement. If Contractor’s actual 1510 costs are less than the actual Contractor Revenue Services rendered by Contractor under this Agreement, Contractor 1511 shall retain the difference provided that Contractor has made all payments required in Article 7. 1512 Under this Agreement, Contractor shall have the right and obligation to charge and collect Tipping Fees from the 1513 Franchised Collector as established and adjusted under this Agreement for provision of Contractor’s Services to the 1514 City. The Tipping Fees for Rate Period One are based on Contractor’s Proposal. Contractor’s proposed costs and 1515 operating assumptions for Rate Period One are presented in Exhibit G. 1516 8.2 Remittances to Contractor 1517 Each month, within five (5) Business Days after the last Day of the preceding month, Contractor shall provide to the 1518 Franchised Collector an invoice detailing the total Tons Delivered to the Approved Facility from the City Service Area 1519 by the Franchised Collector, and the resulting monies owed to Contractor, based on the then-current Per -Ton Tipping 1520 Fees. Contractor shall be responsible for collecting payment for Post-Collection Services directly from the Franchised 1521 Collector. Contractor shall cooperate with the Franchised Collector to calculate and/or reconcile remittance 1522 amounts. In the event that there is a dispute by the Franchised Collector over the amount of an invoice, Contractor 1523 shall work diligently with Franchised Collector to expeditiously resolve the dispute in accordance with Article 12. In 1524 the event the dispute between Contractor and Franchised Collector is escalated to the City, the City Contract 1525 Manager, in their sole discretion, may make a determination and such determination shall be final for any dispute 1526 involving payment of one hundred thousand dollars ($100,000) or less. Contractor shall deliver to Franchised 1527 Collector, with a copy to the City, a notice of late payment for a given monthly invoice thirty-five (35) calendar Days 1528 after the date of generation of the invoice. Contractor’s invoices shall be deemed delinquent if Franchised Collector 1529 has not paid within sixty (60) calendar Days of the date of the notice of late payment. Thereafter, Contractor may 1530 suspend Acceptance of City Delivered Materials from the Franchised Collector until the delinquent invoice(s) are 1531 paid in full, excluding disputed amounts. The delinquent invoice shall bear interest on the unpaid balance at a rate 1532 not to exceed one and one-third percent (1 1/3%) per month. Contractor shall maintain copies of all billings and 1533 receipts, each in chronological order, for the Term of this Agreement, for inspection and verification by the City 1534 Contract Manager at any reasonable time but in no case more than thirty (30) calendar Days after receiving a request 1535 to do so. 1536