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(� @ PI) �, 4. SMG's Compensation. 4,1 Fixed Fee As base compensation to SMO for providing the services herein specified during ignty shall pay SMG during.. the Management Tenn a periodic of 100,3 per Fisca] Year ( "Fixed Fee "), which an�ounl shall be adjusted upward on `t Ie� r srsftl, con Imencing with the Fiscal Year ending .1unc 30, 2015, by the percentage change in the Consumer Price Index -- All Urban Consumers (CPI -U) -- U.S. City Average -- All Items, during the one year period ending in June inunediately preceding such Fis- cal Year, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or of any revised or successor index hereafter published by the Bureau of Labor Statistics or other agency of the United States Goverrunent succeeding to its functions ('`CPI "), The foregoing an- nual fixed compensation shall be payable in equal monthly installments due on or before the last day of each month during such Fiscal Year, and SMG, provided it is not in default (as described in Section 12.1) hereunder, shall be entitled to draw such amounts from the account described in Section 5.6. In the event of Renewal Tenn, the parties shall mutually agree upon the amount, terms and conditions of SMG's remuneration under this Section 4 for its performance hereunder. 4.2 Incentive Fee (a) Amount SMG shall be entitled to an alulual incentive fee with respect to each Fiscal Year during the Management Term which shall be equal to the amount calculated in accordance with (i) below; prop vided however, that in no event shall the total incentive fees for any Fiscal Year exceed 100% of the periodic fixed fee payable pursuant to Section 4.1 for such Fiscal Year, and; provided further, that SMG will not be eligible in any Fiscal Year for the Quan- titative Incentive Fee (as defined below) unless the County approved annual budget of net oper- ating income is met or exceeded for such Fiscal Year: (i) Q uantitative Incentive Fee. SMG shall be entitled to an annual quantitative Incentive Fee ( "Quantitative Incentive Fee ") 4ti� e cct to each Fiscal Year during, the Management Term equal to fifteen percen (]5%) of he excess Operating Revenue over the Operating Revenue Benclimark; provi l ever, that the Qua n tita- tive Incentive Fees shall not exceed seventy - five percen'(75 o the fixed fee payable to SMG for such Fiscal Year pUrsuant to Section 4,1; and (ii) Qualitative Incentive Fee SMG may earn an annual qualitative Incentive Fee ( "Qualitative Incentive Fee ") with respect to each Fisnl ear during the Management Term u to an allloLiklt equal to hveklty -five p ercek � t (25 f the fixed fee a able to Si1 for such Fiscal Yeu nu•sLlant to Section 4.1. Tlllrrtlnt of the ualita- p ayable I Q tive bicentive. Fee shall be bused upon au evaluation of SIVIG's performance by the Colul- ty with respect to the following qualitative criteria: (a) Professional Management SMG shall demonstrate professional lnanagcment of staff by above average ratite`s on mutually approved service de- Attachment number 1 \n F -9 Page 168