Agmt10 Recology San Mateo County

Browse Search

• • 3591 Net Revenue Billed equals the result obtained by subtracting the sum of items B, C and 3592 D from item A [i.e., A — (B +C +D)]. 3593 Liquidated Damages assessed by Member Agencies pursuant to Section 14.07 are not 3594 included in the revenue reconciliation process. Similarly, performance incentive 3595 payments and performance disincentive assessments provided for in Section 11.07 are 3596 not included in the revenue reconciliation process. 3597 The SBWMA will review the report and underlying financial data for accuracy, will confer 3598 with Member Agencies to confirm data as to each agency, and will meet with Contractor 3599 to resolve any errors or inconsistencies. 3600 The SBWMA will incorporate its conclusions as to revenue shortfalls or revenue 3601 surpluses experienced by Contractor as to each Member Agency into its calculation of 3602 Contractor's Compensation for the following Rate Year distributed to all Member 3603 Agencies in the Fall of each year. 3604 The revenue reconciliation process will not be conducted for the last Rate Year of the 3605 Agreement. As a result, Contractor shall not be compensated for, nor obligated to 3606 rebate, any difference between Contractor's Compensation established for that Rate 3607 Year and actual Net Revenue Billed for that Rate Year. 3608 11.04 APPLICATION PROCESS FOR CONTRACTOR'S COMPENSATION 3609 A. Application Date and Content. Contractor shall prepare and submit to Agency and 3610 SBWMA by July 1 of each year, beginning on July 1, 2010, an Application for 3611 determination of Contractor's Compensation for the next Rate Year. This 3612 Application will cover all Member Agencies and will allocate total costs to each 3613 Member Agency using the allocation methodology prescribed in Attachment K and 3614 illustrated in Attachment N. Contractor shall provide any additional information 3615 requested by the Agency or by SBWMA during its review of the Application. 3616 B. Review of Application. The Application shall be reviewed by SBWMA for 3617 accuracy and consistency with the procedures for determining Contractor's 3618 Compensation specified in this Agreement as described in Attachment K. SBWMA 3619 shall share with Contractor any factual or calculation errors identified in the 3620 Application and Contractor shall have the opportunity to revise its Application. 3621 C. SBWMA Report on Application As provided in Attachment K, Authority staff shall 3622 distribute, on or before September 1 of each year, a report in draft form which (i) 3623 identifies the amount of Contractor's Compensation and Pass - Through Costs 3624 allocable to Agency for the following Rate Year and (ii) provides an overall 3625 percentage increase or decrease in Agency's collection Rates which SBWMA 3626 calculates will generate Customer revenues sufficient to cover Contractor's 3627 Compensation and Pass - Through Costs. 3628 SBWMA will take into account comments received from Agency and other Member 3629 Agencies within 10 days after distribution of the report in draft form. A final report 3630 will be presented to and considered by the SBWMA Board of Directors and 3631 approved for distribution to all Member Agencies on or before October 1 of each 3632 year. The determination of Contractor's Compensation, the estimation of Pass - Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AG R/20I 0.014 040510 Page 90 of 115