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 93 of 119 3. Change in Law occurring after January 1, 2011. 3825 4. Changes in the Rates charged for Backyard Collection Service and/or Curbside 3826 Collection Service that alter the price differential between the two, causing 3827 Customers to migrate from one to the other, with the result of increasing or 3828 decreasing Contractor’s annual cost of operation by two percent (2%) or more. 3829 A special compensation review must be requested by Contractor, or initiated by 3830 Agency, within twelve (12) months after one of the above-described events has 3831 occurred unless otherwise agreed to by the Agency. 3832 B. Ineligible Items. A special review of Contractor’s Compensation may not be initiated 3833 for any of the following reasons: 3834 1. Increases or decreases in Contractor’s cost of operations in excess of the 3835 adjustments provided through the annual adjustment mechanism described in 3836 Attachment K. 3837 2. Growth or decline in the number of Customers or their service levels, with the 3838 exception of adjustments described in Attachment K. 3839 3. Changes in the mix of Container sizes or frequency of Collection, with the 3840 exception of adjustments described in Attachment K. 3841 C. Review of Costs. Agency shall have the right to review any and all financial and 3842 operating records of Contractor. Agency will take into account the net overall impact 3843 of the event on Contractor’s Compensation, including reductions in cost resulting from 3844 curtailments in service levels or other factors. 3845 D. Submittal of Request. Contractor must submit its request for a special review in a 3846 form and manner specified by the Agency, together with required cost and operational 3847 data. Agency will review the request and determine the amount owed, if any, to 3848 Contractor and the time period to be covered by special compensation 3849 circumstances. 3850 E. Burden of Justification. In a special compensation review under this Section, 3851 Contractor shall bear the burden of justifying to the Agency by substantial evidence 3852 its entitlement to continuation of current, as well as any increases in, Contractor’s 3853 Compensation. If the Agency determines that the Contractor has not met its burden, 3854 it shall notify Contractor that it is prepared to deny Contractor’s request for an increase 3855 in compensation, or to proceed with a reduction in compensation. Within ten (10) 3856 Days after such notice, Contractor may request a hearing before the Agency’s 3857 governing body to produce additional evidence. Upon such request, the Agency shall 3858 provide a hearing before the Agency governing body. 3859 F. Hearing. Based on evidence presented to it, including, that submitted by Contractor, 3860 the Agency governing body may grant some, all, or none of the requested increase 3861 in, or may reduce, Contractor’s Compensation. In the event Agency denies 3862 Contractor’s requested increase in whole or in part, Contractor shall have the right to 3863 present its claim to a court of competent jurisdiction. 3864 G. Cost of Review. Contractor shall bear all reasonable costs incurred by Agency 3865 (including assistance provided to it by SBWMA) of a special review which it has 3866 6.2.B. - Page 106