AgdaPkt 2018-03-26 Joint SA PFA - Laserfiche WebLink

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REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO Page 91 of 119 Because the amount of such additional services may vary from year to year and is 3742 unpredictable, the costs and revenues associated with them are not included in 3743 SBWMA’s prospective calculation of Contractor’s Compensation or in the revenue 3744 reconciliation process described in Attachment K, with the exception that the revenue 3745 reconciliation process shall include Gross Billed Revenue received from SFD 3746 Customers that subscribe to Backyard Collection Services up to the first twenty 3747 percent (20%) of SFD Customers that subscribe to such service. If more than twenty 3748 percent (20%) of the SFD Customers subscribe to Backyard Collection Services, 3749 Contractor shall retain revenues received from SFD Customers in excess of the first 3750 twenty percent (20%) of SFD Customers that subscribe to Backyard Collection 3751 Services. For example, if 10,000 SFD Customer subscribe to Collection services, the 3752 Gross Billed Revenue from up to 2,000 SFD Customers subscribing to Backyard 3753 Collection Services shall be included in the revenue reconciliation process. To 3754 continue this example, revenues from any additional SFD Customers (above the first 3755 2,000 Customers) subscribing to Backyard Collection Services shall not be included 3756 revenue reconciliation and shall be retained by the Contractor. The report provided 3757 by Contractor shall include the Backyard Collection Service revenues and calculation 3758 of the portion of such revenues to be included in the revenue reconciliation. 3759 E. Net Revenue Billed. Net Revenue Billed equals the result obtained by subtracting 3760 the sum of items B, C, and D above from item A above [i.e., Net Revenue Billed = A 3761 – (B+C+D)]. In this calculation, item D shall equal the Gross Revenue Billed from 3762 Attachment Q Charges less revenue to be included in the revenue reconciliation 3763 process for the Backyard Collection Service charge as described in item D above. 3764 F. Liquidated Damages; Performance Incentives and Disincentives. Liquidated 3765 Damages assessed by Member Agencies pursuant to Section 14.07 are not included 3766 in the revenue reconciliation process. Similarly, performance incentive payments and 3767 performance disincentive assessments provided for in Section 11.07 are not included 3768 in the revenue reconciliation process. 3769 G. Comparison to Contractor’s Compensation. The report shall identify the approved 3770 Contractor’s Compensation for each Member Agency and shall compare it to Net 3771 Revenue Billed for such Member Agency to determine the revenue shortfall or 3772 revenue surplus. 3773 H. SBWMA Review . The SBWMA will review the report and underlying financial data 3774 for accuracy, will confer with Member Agencies to confirm data as to each Agency, 3775 and will meet with Contractor to resolve any errors or inconsistencies. 3776 The SBWMA will incorporate its conclusions as to revenue shortfalls or revenue 3777 surpluses experienced by Contractor as to each Member Agency into its calculation 3778 of Contractor’s Compensation for the following Rate Year distributed to all Member 3779 Agencies in the fall of each year. 3780 I. Final Rate Year. The revenue reconciliation process will be conducted for the last 3781 Rate Year of the Agreement. 3782 6.2.B. - Page 104