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

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ATT ACHMENT K CONTRACTOR’S COMPENSATION AND RATE SETTING PROCESS REV: 03-16-18 MI ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO ATTACHMENT K Page 3 of 24 1. INTRODUCTION As provided in Article 11 of the Agreement, Member Agencies expect the SBWMA, of which they are all members, to provide substantial assistance in administering the annual review of Contractor’s Compensation and the integration of that review with Member Agencies’ adjustment of Rates and Charges billed to Customers for Contractor’s services. This Attachment describes the process for adjusting Contractor’s Compensation, Rates, and Charges for Rate Year Eleven (2021) and each year thereafter. Note that Contractor’s Compensation and Rate setting process for Rate Years One (2010) through Ten (2020) is described in the 2009 Franchise Agreement, as amended by Section 11.02.F of the Agreement. This Attachment presents definitions of terms specifically related to this Attachment (Section 2); describes Contractor’s accountability regarding Contractor’s Compensation assumptions (Section 3); the procedures by which specific elements of Contractor’s Compensation will be adjusted annually (Section 4); the procedure by which Agency may elect to stabilize Rates by carrying forward a portion of Contractor’s Compensation (Section 5); the format and content of Contractor’s annual Application for adjustments in Contractor’s Compensation (Section 5); the actions to be taken by SBWMA in reviewing that Application (Section 6); allocating Contractor’s Compensation among Member Agencies (Section 7); an explanation of Pass-Through Costs (Section 8); reconciling the revenue earned by Contractor each Rate Year with the approved Contractor’s Compensation for that Rate Year (Section 9); preparing and reviewing reports to Member Agencies with recommendations for adjustments in each Member Agency’s Rates (Section 10); a discussion of Performance Incentives and Disincentives (Section 11); and the role of each Member Agency in establishing Rates and the Rate structure (Section 12). SBWMA and Contractor may agree to modifications in the procedures and schedules in this Attachment in order to adapt them to changed circumstances or to improve their efficiency and timeliness. Before implementing any such modifications, SBWMA will provide at least thirty (30) Days prior written notice to all Member Agencies. The notice will include an explanation of the reason(s) for the proposed modification(s) and the section(s) of this Attachment that would be affected by the proposed modification(s). 2. DEFINITIONS The following terms are defined for the purposes of this Attachment K. Other terms that are capitalized that are not otherwise defined in this Attachment or in Attachment A of the Agreement are defined by reference to the line items as they appear in projected 2021 Contractor’s Compensation in Attachment N. A. “Annual Index Change” means the average CPI value for the 12-month period ending April of the then-current Rate Year minus the average CPI value for 12-month period ending April of the most-recently-completed Rate Year, divided by the average CPI value for the 12- month period ending April of the most-recently completed Rate Year. The Annual Index Change shall be rounded to the nearest thousandth. The Annual Index Change may be a positive or negative value, which results in increases or decreases when costs are adjusted pursuant to Section 4. 6.2.B. - Page 207