Agmt10 Recology San Mateo County

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• • 3674 its entitlement to continuation of current, as well as any increases in, Contractor's 3675 Compensation. If the Agency determines that the Contractor has not met its 3676 burden, it shall notify Contractor that it is prepared to deny Contractor's request for 3677 an increase in compensation, or to proceed with a reduction in compensation. 3678 Within ten (10) days after such notice, Contractor may request a hearing before the 3679 Agency's governing body to produce additional evidence. Upon such request, the 3680 Agency shall provide a hearing before the Agency governing body. 3681 F. Hearing. Based on evidence presented to it, including, that submitted by 3682 Contractor, the Agency governing body may grant some, all, or none of the 3683 requested increase in, or may reduce, Contractor's Compensation. In the event 3684 Agency denies Contractor's requested increase in whole or in part, Contractor shall 3685 have the right to present its claim to a court of competent jurisdiction. 3686 G. Cost of Review. Contractor shall bear all reasonable costs incurred by Agency 3687 (including assistance provided to it by SBWMA) of a special review which it has 3688 requested up to a maximum of fifty- thousand dollars ($50,000). Costs of a review 3689 requested by Contractor may not be included in Contractor's Compensation, 3690 charged to Agency or Customers, nor included in the calculation used as rationale 3691 to initiate a special compensation review. 3692 11.06 COMPENSATION ADJUSTMENTS FOR CHANGES IN SCOPE OF SERVICES OR 3693 SERVICE LEVELS 3694 In the event the Agency directs a change in accordance with Section 15.12 of this 3695 Agreement, an equitable adjustment in Contractor's Compensation will be made, 3696 effective with the commencement of the change, to reflect increases or decreases, if 3697 any, in Contractor's costs. The adjustment in compensation will also reflect the 3698 corresponding change in profit. The change in Contractor's Compensation will therefore 3699 consist of the sum of (i) the incremental change to costs, and (ii) profit adjustment at the 3700 allowed operating ratio of ninety and one -half percent (90.5 %). 3701 Within forty -five (45) Days of a request by Agency to initiate a change in service, 3702 Contractor shall present a proposal to Agency containing a complete description of the 3703 following, if and to the extent applicable: 3704 1. Collection methodology to be employed. 3705 2. Equipment to be utilized (number of vehicles, types, capacity, age, etc.). 3706 3. Labor requirements (number of employees by classification). 3707 4. Type of Containers to be used. 3708 5. Description of program publicity /education /marketing materials to be developed. 3709 6. Estimated Tonnage to be diverted and the methodology for determining that 3710 diverted Tonnage. 3711 7. Anticipated impacts of the change, if any, on performance incentive and disincentive 3712 measures included in Attachment I. 3713 8. Description of end uses of Collected material. 3714 9. Three (3) year projection of the financial impact of the program's operations in a 3715 balance sheet and operating statement format including documentation of the key Franchise Agreement for Collection Services with Recology San Mateo County City of Redwood City ATTY /AGR/2010.014 040510 Page 92 of 115