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 95 of 119 to generate annual Gross Revenues Billed equal to Contractor’s Compensation 3907 approved for the Rate Year and other approved Pass-Through Costs (such as 3908 Disposal and processing costs and Agency fees). 3909 If Agency elects to set Rates that are below those recommended in the SBWMA 3910 report, (or delays acting to revise Rates such that the recommended Rates do not go 3911 into effect until after January 1), and the Revenue Reconciliation process conducted 3912 by SBWMA for that Rate Year demonstrates that Net Revenues Billed were less than 3913 the approved Contractor’s Compensation contained in the SBWMA report, interest 3914 shall accrue on the difference. Interest shall apply (i) to fifty percent (50%) of the 3915 difference during the Rate Year in which the shortfall in revenue occurred, and (ii) 3916 one-hundred percent (100%) of the difference during the immediately following Rate 3917 Year. The interest rate applied to both years shall be the prime rate in effect when 3918 SBWMA issued the report for that Rate Year plus one percent (1%). Interest payment 3919 arrangements shall be governed by the July 8, 2015 Memorandum of Understanding 3920 between Contractor and SBWMA, which is provided in Attachment S. 3921 C. Rate Structure. The Agency shall have the sole and exclusive right to change the 3922 relationship of individual Rates in comparison with other Rates and to allocate total 3923 Contractor’s Compensation among Service Sectors and Lines of Business. If a 3924 change in the Rates charged for Backyard Collection service or Curbside Collection 3925 service causes a Customer migration from one to the other which in turn increases or 3926 decreases Contractor’s annual cost of operation, either Party may initiate a special 3927 compensation review subject to conditions specified in Section 11.05. 3928 If at any time Contractor believes that a Rate not included in the Agency-approved 3929 Rate schedule would be necessary or useful, Contractor shall notify the Agency and 3930 recommend establishment of such Rate. For example, if a Customer requests 3931 Collection of a fifteen (15) cubic yard Compactor five (5) times per week and the 3932 Agency-approved Rate schedule does not include this level of service, the Contractor 3933 shall recommend that the Agency establish a Rate for this level of service. 3934 D. Liquidated Damages. Contractor shall pay Agency the amounts, if any, due for 3935 Liquidated Damages under Section 14.07 and Attachment J with submittal of its 3936 annual report to Agency pursuant to Section 9.07. 3937 E. Performance Incentives and Disincentives. Contractor shall submit an annual 3938 report on the Performance Incentives and Disincentives detailed in Attachment I with 3939 submittal of its quarterly and annual reports to Agency and SBWMA pursuant to 3940 Section 9.06 and Section 9.07. Contractor shall pay Agency or Agency shall pay 3941 Contractor the net amount, if any, due for Performance Incentives and Disincentives 3942 calculated pursuant to Section 11.07, Attachment I, and Attachment N. 3943 Payment related to Performance Incentives and Disincentives are to be included in 3944 Contractor’s Application and Contractor’s Compensation for the next Rate Year will 3945 be increased or decreased by the net amount of Performance Incentive payments 3946 and Disincentive assessments calculated. 3947 6.2.B. - Page 108