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3855 <br />The SBWMA will incorporate its conclusions as to revenue shortfalls or revenue <br />3856 <br />surpluses experienced by Contractor as to each Member Agency into its calculation <br />3857 <br />of Contractors Compensation for the following Rate Year distributed to all Member <br />3858 <br />Agencies in the fall of each year. <br />3859 <br />I. Final Rate Year. The revenue reconciliation process will be conducted for the last <br />3860 <br />Rate Year of the Agreement. <br />3861 11.04 APPLICATION PROCESS FOR CONTRACTOR'S COMPENSATION <br />3862 A. Application Date and Content. Contractor shall prepare and submit to Agency and <br />3863 SBWMA by June 15 of each year, beginning on June 15, 2020 for Rate Year Eleven <br />3864 (2021) Contractor's Compensation, an Application for determination of Contractor's <br />3865 Compensation for the next Rate Year. This Application shall cover all Member <br />3866 Agencies and shall present the calculation of Contractor's Compensation for each <br />3867 Member Agency using the methodology prescribed in Attachment K and illustrated <br />3868 in Attachment N. Contractor shall provide any additional information requested by <br />3869 the Agency or by SBWMA during its review of the Application. <br />3870 B. Review of Application. The Application shall be reviewed by SBWMA for <br />3871 accuracy and consistency with the procedures for determining Contractor's <br />3872 Compensation specified in this Agreement as described in Attachment K. SBWMA <br />3873 shall share with Contractor any factual or calculation errors identified in the <br />3874 Application and Contractor shall have the opportunity to revise its Application. <br />3875 C. SBWMA Report on Application. As provided in Attachment K, SBWMA staff shall <br />3876 distribute, on or before September 1 of each year, a report in draft form which (i) <br />3877 identifies the amount of Contractor's Compensation and Pass -Through Costs <br />3878 calculated for each Agency for the following Rate Year, and (ii) provides an overall <br />3879 percentage increase or decrease in Agency's Rates which SBWMA calculates will <br />3880 generate Customer revenues sufficient to cover Contractor's Compensation and <br />3881 Pass -Through Costs. <br />3882 SBWMA will take into account comments received from Agency and other Member <br />3883 Agencies within ten (10) Days after distribution of the report in draft form. A final <br />3884 report will be presented to and considered by the SBWMA Board of Directors and <br />3885 approved for distribution to all Member Agencies on or before October 1 of each <br />3886 year. The determination of Contractor's Compensation and the estimation of Pass - <br />3887 Through Costs for each Member Agency contained in the final Report shall be <br />3888 binding on Contractor and Agency. <br />3889 11.05 SPECIAL COMPENSATION REVIEW <br />3890 A. Eligible Items. The Contractor may apply to the Agency for consideration of a <br />3891 special review of Contractors Compensation, and the Agency may initiate such a <br />3892 review, if one or more of the following events occur and cause an increase in or <br />3893 decrease to Contractor's Compensation by two percent (2%) or more for the then - <br />3894 current Rate Year. If one or more of the following events occur and cause an <br />3895 increase in or decrease to Contractor's Compensation by less than two percent <br />3896 (2%) for the then -current Rate Year, such cost impact shall be considered at the <br />REV: 03-16-18 MI <br />Page 94 of 126 <br />ATTY/AGR.2018.054/Recology of San Mateo <br />