CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

April 1, 2025 38 City of Pleasanton/GreenWaste Recovery, LLC ARTICLE 7 1463 PAYMENTS TO THE CITY AND DESIGNATED FACILITIES 1464 7.1 Payments to the City 1465 Contractor shall submit all Payments to the City at the frequency approved by the City. Contractor is prohibited from 1466 withholding or offsetting payments to the City and/or any Designated Facility(ies) as a remedy for any dispute under 1467 this Agreement. 1468 7.2 Adjustment of Payments 1469 All payments described in Section 7.1 shall be included in the calculation of Tipping Fees as provided in Article 8. In 1470 its sole discretion, the City may adjust the amount of any payment required by Section 7.1, as necessary. Such 1471 adjustment shall be reflected in the adjustment of Tipping Fees as provided in Article 8. 1472 7.3 Methods of Payments 1473 Contractor shall remit all required payments to the City on a quarterly basis, or as otherwise specifically provided in 1474 Article , by check or other payment method approved by the City. 1475 7.4 Timing of Payments and Penalties for Late Payments 1476 Contractor shall remit all payments required under Section 7.1 within twenty (20) Days after the end of each quarter. 1477 All payments shall be paid by check or electronic payment method accepted by the City. If any of the payments 1478 specified in this Article are not paid to the City, as described above, Contractor shall be liable for finance or interest 1479 charges to the City. 1480 The late payment penalty amounts are not intended as Interest on debt, but rather are intended as a predetermined 1481 penalty for failure to meet an obligation under this Agreement. 1482 7.5 Billing and Payment Audit 1483 The City may, at any time during the Term or within three (3) years following the expiration or early termination of 1484 this Agreement, perform an audit of Contractor’s Tonnage records, billings, and payment of monies due to the City 1485 under Section 7.1; provided however, that the City has up to three (3) years to provide such notice to Contractor 1486 that such an audit is being required if the request follows the expiration or early termination of the Agreement. 1487 Contractor shall fully cooperate with the City in any such audit. Should the City or its agent perform this review and 1488 identify billing errors or other errors in payments due to the City valued at one percent (1%) or more of Contractor’s 1489 prior year annual revenues under this Agreement, in addition to compensating the City for lost payments and 1490 applicable delinquency penalties, Contractor shall reimburse the City’s cost of the review. 1491 7.6 Recovered Materials Revenue Payments 1492 In consideration of the exclusive rights provided to Contractor in Section 2.1, Contractor shall remit to the City ninety-1493 five percent (95%) of the calculated value associated with Contractor’s Recovery of the City ’s Recyclable Materials 1494 Delivered under this Agreement. The value shall be calculated in accordance with Exhibit H (Recyclable Materials 1495 Revenue Sharing Calculation), established annually and divided into twelve (12) equal installments. 1496 Page 113 of 223