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ATTACHMENT K <br />CONTRACTOR’S COMPENSATION AND RATE SETTING PROCESS <br />REV: 03-16-18 MI <br />ATTY/AGR/2018.054/RECOLOGY OF SAN MATEO ATTACHMENT K <br />Page 23 of 24 <br />to set Rates in the final Rate Year of the Term so that Contractor is fully reimbursed for all Cap <br />Carry Forwards elected by Agency, as is required by Section 5 and Section 13 of this <br />Attachment K, then a final revenue reconciliation shall be conducted as provided in this <br />paragraph. The process shall follow the above procedure and the procedure for preparation, <br />review and approval of SBWMA staff reports set forth below. If the revenue reconciliation <br />demonstrates that Contractor has been overcompensated for Agency’s Cap Carry Forwards <br />through the Rates set by Agency, Contractor shall pay the surplus to Agency. If the revenue <br />reconciliation demonstrates that Contractor has been undercompensated for Agency’s Cap <br />Carry Forwards through the Rates set by Agency, Agency shall pay the shortfall to Contractor. <br />The Parties and SBWMA shall use best efforts to finalize the revenue reconciliation process <br />and effect any payments within one (1) year after the end of the Term. <br />11. PREPARATION AND REVIEW OF REPORTS <br />SBWMA staff will prepare a report on its review of the Application. The report will contain <br />SBWMA staff findings on each of the following components of the Application. <br />• Contractor’s Annual Costs of Operation <br />• Contractor’s Pass-Through Costs <br />• Calculated Profit <br />• Revenue surplus or shortfall for the most-recently completed Rate Year, based on the Revenue <br />Reconciliation described in Section 10 <br />• Other Pass-Through Costs, including Contractor payments to SBWMA for processing and <br />Disposal and to Agency for Franchise Fees and other fees <br />• Total Revenue Requirement for Contractor for the coming Rate Year <br />• Recommended overall percentage change in each Member Agency’s Rates <br />• Discussion of issues for consideration by Member Agencies, including unresolved <br />disagreements, if any, that Contractor has with the report’s findings and recommendations <br />• Adjusted Attachment Q Charges for the coming Rate Year <br />Annually in January of each Rate Year, SBWMA provides a report preparation timeline that is <br />reviewed and approved by the Contractor. In accordance with the timeline (on or about before <br />September 1 of each year), SBWMA staff will provide a draft of its report to Contractor and to <br />each Member Agency for review and shall consider all comments received within ten (10) <br />Business Days after the draft report is released. Agency will be responsible to include in its <br />comments any special or intermittent Agency specific costs that should be included in <br />Contractor’s Revenue Requirement for the next year. SBWMA staff will submit the final report <br />to the SBWMA Board of Directors for consideration at a regular or special meeting held at a <br />date specified in the timeline (which may be on or before September 30). <br />Upon approval by the SBWMA Board, the report will be distributed to each Member Agency, in <br />accordance with the timeline (on or before October 1). <br />6.2.B. - Page 227