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 92 of 119 11.04 APPLICATION PROCESS FOR CONTRACTOR’S COMPENSATION 3783 A. Application Date and Content. Contractor shall prepare and submit to Agency and 3784 SBWMA by June 15 of each year, beginning on June 15, 2020 for Rate Year Eleven 3785 (2021) Contractor’s Compensation, an Application for determination of Contractor’s 3786 Compensation for the next Rate Year. This Application shall cover all Member 3787 Agencies and shall present the calculation of Contractor’s Compensation for each 3788 Member Agency using the methodology prescribed in Attachment K and illustrated in 3789 Attachment N. Contractor shall provide any additional information requested by the 3790 Agency or by SBWMA during its review of the Application. 3791 B. Review of Application. The Application shall be reviewed by SBWMA for accuracy 3792 and consistency with the procedures for determining Contractor’s Compensation 3793 specified in this Agreement as described in Attachment K. SBWMA shall share with 3794 Contractor any factual or calculation errors identified in the Application and Contractor 3795 shall have the opportunity to revise its Application. 3796 C. SBWMA Report on Application. As provided in Attachment K, SBWMA staff shall 3797 distribute, on or before September 1 of each year, a report in draft form which (i) 3798 identifies the amount of Contractor’s Compensation and Pass-Through Costs 3799 calculated for each Agency for the following Rate Year, and (ii) provides an overall 3800 percentage increase or decrease in Agency’s Rates which SBWMA calculates will 3801 generate Customer revenues sufficient to cover Contractor’s Compensation and 3802 Pass-Through Costs. 3803 SBWMA will take into account comments received from Agency and other Member 3804 Agencies within ten (10) Days after distribution of the report in draft form. A final 3805 report will be presented to and considered by the SBWMA Board of Directors and 3806 approved for distribution to all Member Agencies on or before October 1 of each year. 3807 The determination of Contractor’s Compensation and the estimation of Pass-Through 3808 Costs for each Member Agency contained in the final Report shall be binding on 3809 Contractor and Agency. 3810 11.05 SPECIAL COMPENSATION REVIEW 3811 A. Eligible Items. The Contractor may apply to the Agency for consideration of a special 3812 review of Contractor’s Compensation, and the Agency may initiate such a review, if 3813 one or more of the following events occur and cause an increase in or decrease to 3814 Contractor’s Compensation by two percent (2%) or more for the then-current Rate 3815 Year. If one or more of the following events occur and cause an increase in or 3816 decrease to Contractor’s Compensation by less than two percent (2%) for the then-3817 current Rate Year, such cost impact shall be considered at the time the annual 3818 Contractor’s Compensation adjustment process is performed in accordance with 3819 Section 11.02, and Contractor may be compensated retroactively for such cost 3820 subject to Agency approval. 3821 1. Provision of emergency services pursuant to Section 7.08. 3822 2. Flood, earthquake, or other similar catastrophic event affecting the Agency which 3823 is beyond the control of and not the fault of the Contractor. 3824 6.2.B. - Page 105