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<br /> 1 6.11 Subsequent Rates. From time to time and based on changes to the <br /> 2 Contractor's Compensation, as described above, and other considerations, the Agency <br /> 3 shall revise the initial rates by resolution. <br /> 4 <br /> 5 6.12 Agency's Determination. Upon receipt from SBWMA of the recommended <br />- 6 rate adjustment derived in accordance with the foregoing procedure, the Agency shall <br /> 7 consider adjusting the collection rates in accordance with the recommendation. <br /> 8 Notwithstanding said recommendation, the Agency hereby reserves the right to adjust, <br /> 9 or not to adjust, the collection rates as it shall reasonably determine in furtherance of the <br /> 10 public interest, health, welfare, and necessity. <br /> 11 <br /> 12 <br /> 13 ARTICLE 7 <br /> 14 REVIEW OF SERVICES AND PERFORMANCE <br /> 15 <br /> 16 7.01 Performance Hearing. Agency may hold a public hearing on or about the <br /> 17 first anniversary date of this Agreement and each subsequent anniversary, at which <br /> 18 time Contractor shall be present and shall participate, to review the Solid Waste <br /> 19 Collection, Recycling, waste reduction, processing and other diversion services and <br /> 20 overall performance. The purpose of the hearing is to provide for a discussion and <br /> 21 review of technological, economic, and regulatory changes in Collection, waste <br /> 22 reduction, Recycling, processing and Disposal to achieve a continuing, advanced Solid <br /> 23 Waste Collection, waste reduction and diversion system; and to ensure services are <br /> 24 being provided with adequate quality, effectiveness and economy. <br /> 25 <br /> 26 Forty-five (45) days after receiving notice from Agency of a Solid Waste <br /> 27 performance review hearing, Contractor shall, at a minimum, submit a report to <br /> 28 Agency indicating the following: <br /> 29 <br /> 30 <br /> 31 A. Changes recommended and/ or new services to improve Agency's <br /> 32 ability to meet the Agency's waste reduction and recycling goals and those of AB 939 <br /> 33 and to contain costs and minimize impacts on rates. <br /> 34 <br /> 35 B. Any specific plans for provision of changed or new services by <br /> 36 Contractor. The reports required by this Agreement regarding service recipient <br /> 37 Complaints shall be used as one basis for review. Contractor may submit other relevant <br /> 38 performance information and reports for consideration. Agency may request Contractor <br /> 39 to submit specific information for the hearing. In addition, any service recipient may <br /> 40 submit comments or Complaints during or before the hearing, either orally or in <br /> 41 writing, and these shall be considered. <br /> 42 <br /> 43 C. Topics for discussion and review at the Solid Waste performance <br /> 44 hearing shall include, but shall not be limited to, services provided, feasibility of <br /> Atty j Agrj2005.022 <br /> 060205 -38- <br />