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0@�) �, 4. SMG's Compensation. 4.1 Fixed Fee As base compensation to SMG for providing the services herein specified during t e Mgeil Tenn, the County shall pay SMG during the Management Tenn a periodic fixed fee of 100,3 per Fiscal Year ( "Fixed Fee "), which amount shall be adjusted upward on t e trs e fiscal Year, cot with the Fiscal Year ending June 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 immediately 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 Govertunent succeeding to its functions ( "CPI "). The foregoing an- nual fixed compensation shaII 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 a 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 hicentive Fee (a) Amount SMG shall be entitled to an annual incentive fee with respect to each Fiscal Year during the Management Terns which shall be equal to the annount calculated in accordance with (i) below; provided 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") vii - e ect to each Fiscal Year during the Management Term equal to fifteen percen (15 of he excess Operating Revenue over the Operating Revenue Benclnrtark; provi lever, that the Quantita- tive Incentive Fees shall not exceed seventy -five percent (7S%) 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 amival qualitative Incentive Fee ( "Qualitative Incentive Fee ") with respect to each F- ear during the Management Term up to an amount equal to twenty -five percei t (25 %) f the fixed fee payable to SMG for such Fiscal Year pursuant to Section 4.1. The tint of the Qualita- tive hicentive Fee shall be based upon an evaluation of SMG's performance by the Coun- ty with respect to the following qualitative criteria: (a) Professional Management. SMG shall demonstrate professional management of staff by above average ratings on mutually approved service de- 11 Attachment number 1 \n F -5 Page 140