Agenda - Council - 06/22/2010 - Laserfiche WebLink

Home

e. Negotiated Contractor Hourly Rate. If the City's adjustment of the Contractor's NTD Revenue Hours by changes in the Service Plan in accordance with the provisions of section 2.02 results in annual NTD Revenue Hours (or the equivalent annualized NTD Revenue Hours as calculated in paragraph (d) of this section 7.01) that are either: · outside the limits of the table in paragraph (b), or · outside the limits of the table in paragraph (c), then the parties will enter into negotiations in order to establish a new Contractor hourly rate using the following guidelines and procedures: 1. The Contractor's new hourly rate shall be not more than such amount as would result in a return on investment for the Contractor which is substantially the same as the return on investment for its Rate #2 as set forth in the table in preceding paragraph (b) of this section 7.01. 2. The Contractor shall submit to the City, in writing, a proposed hourly rate for the adjusted NTD Revenue Hours. Along with the submittal, the Contractor shall submit financial information and data supporting its proposed hourly rate including financial information used in preparing its original proposal for providing services under the agreement which demonstrates its return on investment for the original hourly rate. 3. If the parties are able to reach agreement on a new hourly rate, that agreement shall be incorporated into an amendment to the agreement executed by the parties. 4. If the parties are unable to reach agreement on a new hourly rate then the City Council shall terminate the agreement upon written notice to the Contractor. f. Service Plan Hours. The Contractor agrees that the NTD Revenue Hours and In- Service Hours set forth in the Service Plan are a reasonable estimate of the number of such hours required to implement the Service Plan, that they are acceptable to the Contractor, and that they shall be the basis for payment under the agreement. g. Missed Trip Credits. The Contractor shall reduce the Total Service Cost for each payment period to be paid by the City by the sum of amount of any Total Missed Trip Credits and any Partial Missed Trip Credits incurred during the period. The Contractor shall itemize each Total and Partial Missed Trip as part of the supporting documentation for the monthly invoice. The Contractor must calculate any Total or Partial Missed Trip Credits and subtract them from the Total Service Cost in each monthly request for payment. h. Operating Revenue Reduction. The Contractor shall also reduce the Total Service Cost for each payment period to be paid by the City by the amount of Operating Revenue collected or otherwise derived by the Contractor during the payment period. [NOTE: MAXIMUM CONTRACT AMOUNT TO BE INSERTED BASED ON PROPOSAL ACCEPTED] 18