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ATTACHMENT K CONTRACTOR'S COMPENSATION AND RATE SETTING PROCESS be allocated to each Member Agency based on total Tonnages of each type of material projected to be delivered to the Designated Transfer and Processing Facility from each Member Agency. 10. Revenue Reconciliation of Gross Revenue Billed to Approved Contractor's Compensation for Most -Recently Completed Year Annually, Contractor's Net Revenue Billed for the most -recently completed Rate Year will be reconciled to the Contractor's Compensation approved for the most -recently completed Rate Year. The difference will be added to or subtracted from Contractors' Compensation for the coming Rate Year. Contractor shall report the Revenue Reconciliation annually by March 31 of each year (in a format to be approved by SBWMA), commencing in 2020 so that it can be included with the Application for Rate Year Eleven (2021) Contractor's Compensation, which is due June 15, 2020. The report shall include the following: a. Statement of Gross Revenue Billed for the most -recently completed Rate Year for each Member Agency, by Service Sector and Lines of Business specified in Section 4. b. Statement of Other Pass -Through Costs by Member Agency by Service Sectors and Lines of Business specified in Section 4. c. Statement of Revenues Billed attributable to additional services defined in Attachment Q by Member Agency with adjustment for Backyard Collection Service pursuant to Section 11.03 of the Agreement. Subtracting the sum of items b and c from a, yields Net Revenue Billed. [The calculation is: a - (b + c) = Net Revenue Billed.] Net Revenue Billed is compared to the approved Contractor's Compensation and the surplus, or shortfall, is determined. The reconciliation shall be performed separately for each Member Agency, resulting in a surplus or shortfall for each Member Agency. The amounts described in items a, b and c for the most -recently completed Rate Year must be included in the audited financial statement due by June 15. Any variance between the March 31 data and the final audited data must be explained and the Revenue Reconciliation report revised accordingly. The audited data will be considered in calculating the adjustment to Contractor's Compensation for the following Rate Year. Payment(s) made by Contractor to SBWMA under Section 6.02 of the Agreement for transportation, Disposal and supplemental processing of Contaminated loads shall not be subtracted from Gross Revenue Billed. The revenue reconciliation process will not be carried out during the last Rate Year of the Term; however, notwithstanding the foregoing or any other provision of this Agreement, if Agency fails to set Rates in the final Rate Year of the Term so that Contractor is fully reimbursed for all Cap Carry Forwards elected by Agency, as is required by Section 5 and Section 13 of this Attachment K, then a final revenue reconciliation shall be conducted as provided in this paragraph. The process shall follow the above procedure and the procedure for preparation, review and approval of SBWMA staff reports set forth below. If the revenue reconciliation demonstrates that Contractor has been overcompensated for Agency's Cap Carry Forwards through the Rates set by Agency, Contractor shall pay the surplus to Agency. If the revenue reconciliation demonstrates that Contractor has been Collection Services Franchise Agreement with Recology San Mateo County Model Agreement for Adaptation by Member Agencies REV: 03-16.18 MI ATTY/AGR.2018.054/Recology of San Mateo Contractor's Compense