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Agmt18 Recology
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Agmt18 Recology
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Last modified
6/13/2018 10:54:00 AM
Creation date
6/13/2018 9:59:34 AM
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Agreement
Contractor Name
Recology San Mateo County
PROJECT NAME
Franchise Agreement Recyclable materials, organic materials and solid waste 1/1/2021 to 12/31/2035
RMP File Number
803
Date
3/26/2018
Reso Ref
15651
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3812 <br />Agency on regular basis or "on-call" basis. A list of these additional services and <br />3813 <br />Charges is included as Attachment Q. Either Agency or Contractor shall bill <br />3814 <br />Customer for these services, as specified elsewhere in this Agreement or <br />3815 <br />Contractor shall bill Agency when services are provided to Agency, in all cases at <br />3816 <br />the Agency -approved Charges specified in Attachment Q. The report shall identify <br />3817 <br />the amount of billings for each Member Agency for additional services listed on <br />3818 <br />Attachment. <br />3819 <br />Because the amount of such additional services may vary from year to year and is <br />3820 <br />unpredictable, the costs and revenues associated with them are not included in <br />3821 <br />SBWMA's prospective calculation of Contractor's Compensation or in the revenue <br />3822 <br />reconciliation process described in Attachment K, with the exception that the <br />3823 <br />revenue reconciliation process shall include Gross Billed Revenue received from <br />3824 <br />SFD Customers that subscribe to Backyard Collection Services up to the first twenty <br />3825 <br />percent (20%) of SFD Customers that subscribe to such service. If more than <br />3826 <br />twenty percent (20%) of the SFD Customers subscribe to Backyard Collection <br />3827 <br />Services, Contractor shall retain revenues received from SFD Customers in excess <br />3828 <br />of the first twenty percent (20%) of SFD Customers that subscribe to Backyard <br />3829 <br />Collection Services. For example, if 10,000 SFD Customer subscribe to Collection <br />3830 <br />services, the Gross Billed Revenue from up to 2,000 SFD Customers subscribing to <br />3831 <br />Backyard Collection Services shall be included in the revenue reconciliation <br />3832 <br />process. To continue this example, revenues from any additional SFD Customers <br />3833 <br />(above the first 2,000 Customers) subscribing to Backyard Collection Services shall <br />3834 <br />not be included revenue reconciliation and shall be retained by the Contractor. The <br />3835 <br />report provided by Contractor shall include the Backyard Collection Service <br />3836 <br />revenues and calculation of the portion of such revenues to be included in the <br />3837 <br />revenue reconciliation. <br />3838 <br />E. <br />Net Revenue Billed. Net Revenue Billed equals the result obtained by subtracting <br />3839 <br />the sum of items B, C, and D above from item A above [i.e., Net Revenue Billed = A <br />3840 <br />— (B+C+D)]. In this calculation, item D shall equal the Gross Revenue Billed from <br />3841 <br />Attachment Q Charges less revenue to be included in the revenue reconciliation <br />3842 <br />process for the Backyard Collection Service charge as described in item D above. <br />3843 <br />F. <br />Liquidated Damages; Performance Incentives and Disincentives. Liquidated <br />3844 <br />Damages assessed by Member Agencies pursuant to Section 14.07 are not <br />3845 <br />included in the revenue reconciliation process. Similarly, performance incentive <br />3846 <br />payments and performance disincentive assessments provided for in Section 11.07 <br />3847 <br />are not included in the revenue reconciliation process. <br />3848 <br />G. <br />Comparison to Contractor's Compensation. The report shall identify the <br />3849 <br />approved Contractor's Compensation for each Member Agency and shall compare it <br />3850 <br />to Net Revenue Billed for such Member Agency to determine the revenue shortfall <br />3851 <br />or revenue surplus. <br />3852 <br />H. <br />SBWMA Review. The SBWMA will review the report and underlying financial data <br />3853 <br />for accuracy, will confer with Member Agencies to confirm data as to each Agency, <br />3854 <br />and will meet with Contractor to resolve any errors or inconsistencies. <br />REV: 03-16-18 MI <br />Page 93 of 126 <br />ATTY/AGR.2018.054/Recology of San Mateo <br />
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